Council PKT 11-16-2010 Regular� �Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
November 16, 2010
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Puget Sound Regional Council — Regional Economic Plan
b. Certificate of Appointment: Lodging Tax Advisory Committee
c. Arts Commission: New Public Art Brochure
d. City Manager Emerging Issues / Introduction of New Employees
� Update on Sea-Tac Airport Part 150 Noise Study
e. Reception to Recognize Outgoing Mayor
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE ClTY CLERK PRIOR TO SPEAKlNG.
When recognized by the Mayor, come forward to the podium and state your name for the record.
PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments
that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate.
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; a/l ifems are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: November 2, 2010 Special and Regular Meeting ...page 3
b. Council Bill#556: 2010 Year-End Housekeeping Budget Adjustment ...page �o
c. Federal Way Public School Capital Facilities Plan ...paye 1s
d. Department of Ecology — Freshwater Algae Control Program Grant ...page ss
e. S 320 St @ I-5 SB Off Ramp — 85% Design Status Report ...page s8
f. Silver Lake Elementary School Zone Flasher Grant Application ...page s�
g. Community Center Pool Chemical Vendor Contract...page s3
h. Playground Replacement — Dashpoint Highlands Park & Lake Grove Park ...page �05
i. Park Donation and Memorial Program ...paqe ��3
j. Services Agreement for the Commons at Federal Way Police Services ...paqe �2�
The Council may add items and take action on items not listed on the agenda.
Consent Agenda Continued....
k. Accept COPS GRANT that was submitted for application June 16, 2010, in order to fund
four (4) police officer positions for a period of three years ...paye �2s
I. 2010FY Ballistic Vest Partnership Grant ...page �3�
m. Amendment to the Interlocal Agreement befinreen Enumclaw and Federal Way for the
Housing of Inmates in the Enumclaw Jail ...paye �4�
n. Secure Our Schools (SOS) Grant Program Award ...paqe �5�
6. PUBLIC HEARING
a. 2011-2012 Biennial Budget/Property Tax Levy ...to be presented atmeeting
• Staff Presentation
• Public Comment
� Council Discussion/Action
7. COUNCIL BUSINESS
a. Office of Public Defense Grant Acceptance ...page �s4
b. Deputy Mayor Designation ...page �so
c. Properly Purchase and Sale Agreement (pending contingencies)- Civic Center/PACC
... page 163
8. INTRODUCTION / FIRST READING OF ORDINANCES
a. Council Bill 557: 2011-2012 Biennial Budqet ...paye �ss
An ordinance of the City Of Federal Way, Washington relating to budgets and finance, adopting the 2011/12
Biennial Budgef.
b. Council Bill 558: Proposed Amendment to BC Zone, Desiqn Guidelines & Landscapinq
...page 189
An ordinance of fhe City Of Federal Way, Washington, relating to Community Business (BC) Zone and
Development Regulations; amending FWRC 19.220.050, FWRC 19.220.080, FWRC 19.115.090(n); and
adding new sections to FWRC 19.125.040.
9. COUNCIL REPORTS
10. CITY MANAGER REPORT
11. EXECUTIVE SESSION
� Property Acquisition pursuant to RCW 42.30.110(1)(b)
• Collective Bargaining pursuant to RCW 42.30.140(4)(b)
12. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
COUNCIL MEETING DATE: November 16, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: Sa
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION Should the City Council approve the draft minutes of the November 16, 2010 Special and
Regular Meetings?
COMMITTEE: N/A
CATEGORY:
� Consent
❑ City Council Business
STAFF REPORT BY: Carol McN
Attachments:
❑ Ordinance
❑ Resolution
Clerk
MEETING DATE: N/A
❑ Public Hearing
❑ Other
DEPT: Human Resources
Draft meeting minutes from the November 2, 2010 Special and Regular Meetings.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
STAFF RECOMMENDATION Staff recommends approving the minutes as presented.
��/d �dIJ
CITY CLERK APPROVAL N/A G�/,�(y�/) DIRECTOR APPROVAL: N/f1 N/fl
Cotmnittee Council Comminee Council
COMMITTEE RECOMMENDATION: N/f1
PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
�ITY OF
, �,�,.. Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hall
November 2, 2010 - 5:30 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Kochmar called the meeting to order at 5:30 p.m.
Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers
Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger Freeman.
Staff present: City Manager/Police Chief Brian W ilson, City Attorney Pat Richardson and City
Clerk Carol McNeilly.
2. EXECUTIVE SESSION
The Council adjourned to executive session at 5:30 p.m. to discuss property acquisition
pursuant to RCW 42.30.110(1)(b) and potential litigation pursuant to RCW 42.30.110(1)(i) for
approximately 30 minutes. The Council adjourned from executive session at 6:04 p.m.
3. 2011 BUDGET - DEPARTMENT PRESENTATIONS
• City Administration and Support Service Departments
Mavors Office: City Manager/Police Chief Brian Wilson reviewed the organizational chartfor
the Mayor office. Key accomplishments for 2009-2010 include a balanced budget during
challenging economic times, City Center designation as an EB5 Visa Regional Center and
an enhanced policing model for downtown and the Transit Center. The Mayor's Office
budget for 2011 is $1,841,447 and $1,866,107 in 2012. City Manager/Police Chief Wilson
reviewed the program cuts and additions for 2011-2012 as well as the anticipated key
projects. The Council discussed options for retaining some of the positions that are
recommended for cuts.
Economic Development: Economic Development Director Patrick Doherty reviewed the
organizational chart for the Economic Development department. Key accomplishments for
2009-2010 include AMC Theater site redevelopment, successful bid of the 2012 Olympic
Diving Trials, Han Woo-Ri Festival and Buds and Blooms Festival. The budget for 2011 is
$172,260 and $175,446 in 2012. Mr. Doherty reviewed the program cuts and additions for
2011-2012.
Information Technoloqies Department: Financial Services Administrator Bryant Enge
reviewed the organizational chart for the Information Technologies Department. Key
accomplishments for 2009-2010 include Animal Services Implementation and improved
access of mobile computing for police. The 2011 budget is $1,591,140 and $1,635,164 in
City Council Minutes — November 2, 2010 Special Meeting Page 1 of 2
2012. Mr. Enge reviewed the proposed program cuts and additions for 2011-2012.
4. ADJOURNMENT
Mayor Kochmar adjourned the meeting at 6:51 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
Ciry Council Minutes — November 2, 2010 Special Meeting Page 2 of 2
CITY OF
,,.�. Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
November 2, 2010 - 7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Kochmar called the meeting to order at 7:01 p.m.
Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim
Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger Freeman.
Staff present: City Manager/Police Chief Brian Wilson, City Attorney Pat Richardson and City Clerk
Carol McNeilly.
Mayor Kochmar stated Councitmember Ferrell would be leaving at 7:45 p.m.
2. PLEDGE OF ALLEGIANCE
Diana Noble Guliford and Maureen Hathaway led the pledge of allegiance.
MOTION: Councilmember povey moved to amend the agenda to add The Appointment of one
member to the Lodging Tax Advisory Committee as item 7b. Councilmember Freeman second.
VOTE: Motion carried 7-0.
3. PRESENTATIONS
a. City Manager Emerging Issues / Introduction of New Employees
City Manager/Police Chief Wilson stated there were no new employee introductions.
Fall Recvcle Event: City Manager/Police Chief Wilson publicly recognized and
thanked the volunteers that assisted with the City's Fall Recycle Event.
4. CITIZEN COMMENT
Maureen Hathawav spoke regarding an upcoming Veterans Day event on November 13 at the
Historical Society.
Michael Kun spoke regarding the City's expenses on the City Sand Sculpting event.
City Council Minutes — November 2, 2010 Regular Meeting Page 1 of 4
5. CONSENT AGENDA
Items listed be/ow 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: October 19, 2010 Regular and Special Meetings, October 27, 2010 Special
Meeting and October 28, 2010 Special Meeting Approved
b. Vouchers Approved
c. Monthly Financial Report Approved
d. Draft 2011 City Legislative Agenda Approved
e. Application for Innovation Partnership Zone Designation Approved
f. Amendment of Contract with Enterprise Seattle for Medical Device Incubator Approved
g. 20th Way South Street Lighting Project — Final Acceptance Approved
h. 2010 Pedestrian Safety Projects — Bid Award Approved
MOTION: Deputy Mayor Duclos moved approval of the consent agenda as presented;
Councilmember Park second.
VOTE: Motion carried 7-0.
6. PUBLIC HEARING
2011-2012 Biennial Budqet/Propertv Tax Lew
Mayor Kochmar declared the public hearing open at 7:13 p.m.
a. Staff Presentation: Finance Director Tho Kraus provided an overview of the 2011-2012
Budget including a brief overview of:
• Total Sources, Total Uses and Ending Fund Balance for All Funds
• General & Street Fund Revenues, Expenditures, Ending Fund Balances,
Highlights of Changes and Long-term Projections
• Utility Tax Revenue Projections, Allocation of Resources and Proposition 1
Voter-Approved Utility Tax
• Real Estate Excise Tax Projections and Allocation of Resources
• Capital Budget
• Preliminary 2011 Property Tax Levy and Rate
• Sales Tax Distribution and Per Capita General Fund Tax Revenue
The overall sources budget for all funds is $145,385,004 in 2011 and $121,096,000 in 2012. The
total uses budget for all funds $104,938,000 in 2011 and $87,763,000 in 2012. General & Street Fund
key revenue projections include: 1% growth for sales tax; 0.50% growth for property tax; gambling tax
projections excludes card room tax and projected increases as a result of decreased tax rates; utility
tax transfers based on Council's designation; and excludes contingent revenues. The preliminary
2011 property tax levy is $1.195 per $1000 assessed valuation.
b. Public Comment: Mayor Kochmar called for public comment. Hearing none, she called
for Council discussion.
c. Council Discussion: Councilmember Park asked Ms. Kraus to explain the long term
projection strategies. Ms. Kraus stated the projections are conservative and do not
take into consideration contingent revenues. Mayor Kochmar referenced the reserve
accounts. Ms. Kraus explained the reserves were established by Council policy for
vehicle & equipment replacement, building furnishings, etc. and that many new
program requests include vehicle and equipment replacement funded by reserves.
Also, these reserve balances helps the City maintain it's high bond rating.
City Council Minutes — November 2, 2010 Regular Meeting Page 2 of 4
Mayor Kochmar stated the public hearing would be continued to November 16, 2010.
7. COUNCIL BUSINESS
a. Kinq County Flood Control Zone District Funds Reallocation and Levy Suppression —
Letter to Kinq Countv
Assistant Public Works Director Ken Miller provided a brief overview of this issue. He
stated based on the direction received at last week's FEDRAC meeting staff has drafted
finro letters for the Council to review. Mr. Mitler read both letters into the record.
MOTION: Councilmember Park moved to send the first letter. Deputy Mayor Duclos second.
VOTE: Motion carried 7-0.
b. Appointment of inember to the Lodqinq Tax Advisory Committee
MOTION: Councilmember povey moved to appoint Vickie Molzer to fill the remainder of an
unexpired term of October 31, 2012. Councilmember Park second.
VOTE: Motion carried 7-0.
Councilmember Ferrell left the meeting at 7:45 p.m.
8. INTRODUCTION / FIRST READING OF ORDINANCES
a. Council Bill#556: 2010 Year-End Housekeepinq Budget Adiustment
An ordinance of the City Of Federal Way, Washington, relating to budges and finance, revising the adopted
2009-2010 Biennial Budget.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Park moved to forward the ordinance to the November 16, 2010
Council meeting for second reading and enactment. Deputy Mayor Duclos second.
VOTE: Motion carried 6-0.
9. COUNCIL REPORTS
Councilmember Freeman reported the next Martin Luther King Planning meeting was scheduled for
January 17, 2011.
Councilmember povey reported on an upcoming Valley-Comm meeting.
Councilmember Burbidge reported the next PRHSPS meeting was November 9, 2010. She reported
the REACH Out organization was having an upcoming fundraiser.
Councilmember Park reported on the Chamber Economic Development meeting will be November4.
Our Sister City Mayor will be visiting Federal Way next week.
Deputy Mayor Duclos had no report.
Mayor Kochmar reported on upcoming Veterans Day events, as well as a Suburban Cities
City Council Minutes — November 2, 2010 Regular Meeting Page 3 of 4
Association meeting.
10. CITY MANAGER REPORT
City Manager/Police Chief Wilson had no report.
11. EXECUTIVE SESSION
The Council did not adjourn to executive session.
� D��onli�+l 1 i�i`r�+4inn n� �r ��+r�+ 4� �(`lA/ A 7 Z!1 � 1(1/11fi\
12. ADJOURNMENT
With no additional business before the Council, Mayor Kochmar adjourned the meeting at
8:05 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — November 2, 2010 Regular Meeting Page 4 of 4
COUNCIL MEETING DATE: �'���°�'-�-� '', ''^' ^ N, ITEM #•��b
_ _ _ �►ennb�x _��,.�2.�to_ _.._._ .. _._.__._.... . � _....__._ . _...
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECTt 2010 YEAR-END HOUSEKEEPING BUDGET ADJUSTMENT
POLICY QUESTION Should the Council approve the 2010 Year-End Housekeeping Budget Adjustment?
COMMITTEE: Finance, Economic Development and Regional Affairs Committee
CATEGORY:
❑ Consent
❑ City Council Business
STAFF REPORT BY: Tho K
� Ordinance
❑ Resolution
Finance Director
MEETING DATE: October 26, 2010
❑ Public Hearing
❑ Other
DEPT: Finance
Background: This is an ordinance for the 2010 Year-End Housekeeping Budget Adjustment. This budget adjustment is
primarily to incorporate any items that have been approved by Council during the year and adjust those expenditures that are
funded with matching revenues. Exceptions are noted as "New Program Request" on the attached Budget Adjustment
Summary.
Attachments: 2010 Year-End Housekeeping Budget Adjustment Summary, Ordinance and E�ibits.
Options Considered:
1. Approve the 2010 Year-End Housekeeping Budget Adjustment Ordinance as presented and forward to the full
Council on November 2, 2010 for first reading and November 16, 2010 for adoption.
2. Deny approval of the 2010 Year Housekeeping Budget Adjustment Ordinance and provide direction to staff.
STAFF RECOMMENDATION Staff recommends approval of Option 1.
_ __ ---- --- --_ _ . _ � . _
CITY MANAGER APPROVAL: Q.(,f�� ��+ L��I"' � RECTOR APPROVAL: V'�
Committee Council C� Council
COMMITTEE RECOMMENDATION: "I move to for'warc� approval of the 2010 Year-End Housekeeping Budget
Adjustment Ordinance to full Council on November 2, 2010 for first reading and November 16, 2010 for adoption. "
^ � � �
Mi ce ark, C itt e Chair Jeanne Burbidge, Commi ack Do y, Committee
Member ember
PROPOSED COUNCIL MOTION:
1 Reading of Ordinance (November 2, 2010) "I move to forward approval of the 2010 Year-End Housekeeping Budget
Adjustment to the November 16, 2010 Council Meeting for adoption "
2" Reading and Enactment of Ordinance (November 16, 2010) `7 move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL ffiLL # '�'J 5 �Q
❑ DENIED 1 reading � �'�
❑ TABLED/DEFERRED/NO ACTION Enactment reading
� MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
2010 HOUSEKEEPING ADJUSTMENTS
Proposed
2010
Genera[ Fund:
Ci , Mana�
Community Energy Retrofit (Weatherization P rogram) - Funded by ARRA Grant 110,000
Communi , Development
United Way Grant - Approved by Council2/16/2010 10,000
Police
National Night Out, funded by PSE Donation - Informational Item to FEDRAC 7/27/2010 1,000
Registered Sex Offender (RSO) Grant - Approved by Council7/6/2010 33,613
Pwchase 8 Handheld Laser-radar Units, funded by Washington Traffic Safety Commission - Approved by Council 9/7/2010 14,323
Animal Services Start-up Cost Total $300K - Funded by $92K excess reserves, $58K swplus property proceeds, $100K fuel
savings - Informational Item to 2/23/10 FEDRAC 200,000
Justice Assistant Grant (JAG) Spillman Award Recovery Grant (ARRA) - Approved by Council 3/2/2010 49,431
Washington Association of Sherrifs and Police Chiefs (WASPC) Grant to Purchase Lidar Units - Approved by Council
6/15/2010 800
Street Fund:
EOC - Emergency Management Performance, funded by Grant - Approved by Council 5/4/2010 26,775
Subtotal General & Street Fund 445,942
Solid Waste & Recycling
Revise Grant Program Estimates, Funded by Departrnent of Ecology CPG Grant ($14,124), Waste Reduction Grant
($15,000) and King County Hazazdous Grant ($5,000) 34,124
Federal Way Community Center:
Purchase Fitness Training Equipment funded by Capital Reserve - Approved by Council9/7/2010 4,364
Purchase of Automated Pool Vacuum funded by Capital Reserves - Approved by Council6/1/2010 4,288
Real Estate Excise Taz:
Transfer to Overlay (Reduce Previous & Current Utility Tax Transfer to Overlay and Replace with REET Transfer) 755,000
Subtotal Special Revenue Funds 797,776
Downtown Development CIP
Heatlhcare Innovation Program - State Funded 91,839
Healthcare Innovation Program - City portion - Approved by Council 4/6/2010 245,000
Business Incubator Progam (2010 and 2011 funding) - Approved by Council 10/6/2009 200,000
Reduce Current Downtown Redevelopment Budget or Healthcare Innovation and Busmess Incubator Program (City
Portion) (445,000)
Return Unspent Real Estate Excise Tax and Replace with Utility Tax Transfer In 755,000
CITY OF FEDERAL WAY
2010 HOUSEKEEPING ADJUSTMENTS
Proposed
2010
Surface Water Management CIP:
West Hyle os Basm Lan Acqu�siUon - Funded by Kmg County onservation Futures o$258,00 an Requ�red Local
Match of $369,723 - Approved by Council 10/5/09 and 4/19/10 627,723
Increase West Hylebos Culvert Replacement/Removal and Flood Control Project - Funded by SWM Unallocated CIP -
approved by Council 6/1/10 414,000
Subtotal Capital Project Funds 1,888,562
Surface Water Management:
Intemal Service- Purchase of Surface Water management System from WEWorks for $32,02818 utilizing replacement
reserves in the amount of $26,768 and Department of Ecology Grant Funds (one-time) and add $400 for ongoing
maintenance cost - Council6/Ol/10 5,660
Eliminate Duplicate Grant Budget (50,000)
Saltwater Algae Management Project, Funded by Department of Ecology Grant 64,251
Dumas Bay Centre:
New Pl'og1'am Request - Knutzen Family Theatre Microphone System Replacement - Funded by Existing Utility Tax
Reserves for Capital Maintenance 13,500
New Program Request - Knutzen Family Theatre Curtain Fireproofing - Funded by Existing Utility Tax Reserves for
Capital Maintenance 16,000
Risk Management
PD - Replace Vehicle #6480 - insurance proceeds from collision to Fleet/Equipment Fund 15,078
PD - Replace Vehicle #6272 - insurance proceeds from collision to Fleet/Equipment Fund 12,749
Information Techno[ogy:
City Website Improvement Start-up Cost, funded by replacement reserves - Approved by Council2/16/2010 7,075
Steel Lake Beach Security Camera and Repair WiFi equipment, funded within existing department budget savings (one-
time) - Council 9/7/2010 -
SWM - Purchase of Surface Water management System - Funded by $26,768 from replacement reserves and $5,260 from
Dept of Ecology Grant and $400 for ongoing maintenance cost - Council 6/Ol/10 32,428
Mail & Duplication Services:
New Program Request - Replace Existing Community Center/General Recreation Color Copier with Heavy Duty
Copier - Funded by Replacement Reserves of $19,590 and increase ongoing annual replacement reserves collection by
$3,766 due to higher cost beginning in 2011 19,590
Fleet & Equipment:
PD - Replace Vehicle #6480 (funded by reserves $10,767 and $15,078 by insurance proceeds) - due to collision 10,767
PD - Replace Vehicle #6272 (funded by reserves $16,483 and insurance payout of $12,749) - due to collision 16,483
PD - Mobile Digial Communicator (MDC) Replacement purchased 12 units - increase cost, funded by vehicle replacement
reserves 4,800
PD - Transfer Excess Reserves to Fund Animal Services 150,000
PD - Reduce for Fuel Savings to fund Animal Services (100,000)
Buildings & Furnishings:
Resource Conservation Manager - Funded by Washington State University $18,750, City of Auburn $4,375, City Portion
$4,375 - Approved by Council3/2/2010 and 4/6/2010 27,500
Energy Retrofit - Funded by ARRA Grant $440,147 - Approved by Council 9/1/09 and 12/1/09 440,147
Subtotal Proprietary Funds 686,028
GRAND TOTAL - ALL FUNDS $ 3,818,309
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
budgets and finance, revising the adopted 2009-10 Biennial Budget
(amending Ordinance NOs. 08-589, 09-612, 09-616, 09-632, 09-635,10-
649)
WHEREAS, the City Council of the City of Federal Way adopted the 2009-10 Biennial
Budget on December 2, 2008, in accordance with RCW 35A.34.120; and
WHEREAS, on May 5, 2009, the City Council enacted Ordinance No. 09-612 to carry
forward funds that had not been expended in 2008; and
WHEREAS, on June 16, 2009, the City Council enacted Ordinance No. 09-616 to revise
downward the revenues and expenditures due to the decline in the economy; and
WHEREAS, on November 17, 2009, the City Council enacted Ordinance No. 09-632 to
incorporate items previously approved by Council and appropriate expenditures with matching
revenues; and
WHEREAS, on December 15, 2009, the City Council enacted Ordinance No. 09-635 to
revise revenues and expenditures as the result of the mid-biennium review; and
WHEREAS, on March 16, 2010, the City Council enacted Ordinance No. 10-649 to carry
forward funds that had not been expended in 2009; and
WHEREAS, as a result of the housekeeping adjustment the City Council finds it necessary to
revise the 2009-2010 Biennial Budget to include the housekeeping adjustments into the revised
budget for 2010;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 10- Page 1 of S
Rev 1/10
Section 1. Amendment. Exhibit A entitled "2010 Revised Budget" in Ordinance No. 10-
649 is hereby amended to Exhibit B—"2010 Revised Budget" to include the 2010 housekeeping
adjustments into the revised budget for 2010.
Section 2. Administration. The City Manager/Police Chief shall administer the Biennial
Budget and in doing so may authorize adjustments to the extent that they are consistent with the
revised budget approved herein.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional ar
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 ardinance is hereby ratified and affirmed.
Section 6. 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.
Ordinance No. 10- Page 2 of 5
Rev 1/10
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, LINDA KOCHMAR
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 10- Page 3 of 5
Rev 1/10
EXHIBIT A
2010 REVISED BUDGET
Beginning Fund &alanee Revenue Expenditure Ending
Fund PriorAmount AdjusYment Revised PriarAmount Adjustment Revised PriorAmount Adjustment Revised Fund Balance
General Fund $ 6,842,255 $ 1,402,940 $ 8,245,195 $40,241,996 $ 469,838 $ 40,711,834 $42,928,348 $ 1,872,778 $ 44,801,126 $ 4,155,904
Special Revenue Funds:
'Street 100,000 - 100,000 4,459,476 231,685 4,691,161 4,459,476 231,685 4,691,161 1OQ000
''Arterial Street 400,002 233,377 633,379 1,500,000 - 1,500,000 1,900,000 233,379 2,133,379 0
`Utility Tax 3,150,648 (120,023) 3,030,625 14,033,801 - 14,033,801 12,707,833 12,707,833 4,356,593
Solid Waste/Recycling 92,815 58,824 151,639 416,854 (17,673) 399,181 502,405 (55,388) 447,017 103,803
'; Special Contract/Studies - 271,062 271,062 - - - - 271,062 271,062 -
HoteUMotelLodgingTar 1 201,346 201,347 182,500 (13,140) 169,360 182,500 188,207 370,707 0
2% for the Arts - 293 293 - - - 293 293 -
'Federal Way Comm. Cente 247,910 (7,896) 240,014 2,454,325 85,645 2,539,970 2,110,626 - 2,110,626 669,358
Traffic Safety 85,820 69,468 155,288 830,000 - 830,000 830,000 50,000 880,000 105,288
Grants - CDBG - - - 459,931 814,341 1,274,272 459,931 814,341 1,274,272 -
iPaths and Trails 127,117 6,394 133,511 160,258 - 160,258 161,000 - 161,000 J 32,769
Debt Service Fund 3,884,321 280,158 4,164,479 1,875,033 - 1,875,033 3,133,805 3,133,805 2,905,707
Capital Project Funds:
Downtown Redevelopment 3 3,051,345 3,051,348 600,000 - 600,000 586,116 3,065,232 3,651,348 (0)
s. City Facilities 240,240 675,719 915,959 1,700 443,921 445,621 - 1,361,580 1,361,580 (0)
';Pazks 1,552,820 1,029,430 2,582,250 491,000 - 491,000 1,364,000 1,370,701 2,734,701 338,549
SWM 1,027,386 2,738,148 3,765,534 23,419 219,000 242,419 823,657 2,051,459 2,875,116 1,132,837
'Streets 3,902,009 12,482,786 16,384,795 2,117,000 19,761,491 21,878,491 5,602,000 31,759,550 37,361,550 901,736
Enterprise Fund:
'SurfaceWaterManagement 535,814 578,890 1,ll4,704 3,416,044 662,536 4,078,580 3,443,808 110,756 3,554,564 1,638,721
ssDumas Bay Center 227,880 (48,189) 179,691 736,018 - 736,018 731,932 71,974 803,906 ll 1,803
Internal Service Funds:
iRiskManagement 5,345,970 (8,397) 5,337,573 776,456 429,690 1,206,146 685,356 429,690 1,115,046 5,428,673
Information Systems 2,879,574 135,962 3,015,536 2,206,434 82,539 2,288,973 2,110,541 92,935 2,203,476 3,101,033
!Support Services 314,386 (20,342) 294,044 196,845 - 196,845 143,256 - 143,256 347,633
'Fleet & Equipment 4,009,674 281,452 4,291,126 2,119,866 140,142 2,260,008 1,550,170 188,807 1,738,977 4,812,157
'Buildings & Furnishings 1,195,775 8,986 1,204,761 539,870 151,300 691,170 440,970 - 440,970 1,454,961
Total AlI Funds $' 36,162,422 $ 23,301,733 $59,4b4,155 $ 79,$38,$26 $ 23,461,3I5 $103,300,141 $&6,857,730 $ 44,109,Q42 5130,966,770 $ 3I,797,525
Ordinance No. 10- Page 4 of S
Rev 1/10
EXHIBIT B
2010 REVISED BUDGET
Beginning Fund &alance Revenue Ezpendeture Ending
Fund PriorAmount Adjustmenl ' Revised PriorAmount Adjustmenl Revised PriorAmount Adjusdnent Revised Fund $alance
General Fund $ 8,245,195 $ -$ 8,245,195 $ 40,711,834 $ 419,167 $ 41,131,001 $ 44,801,126 $ 419,167 $ 45,220,293 $ 4,155,904
Special Revenue Funds:
Street 100,000 - 100,000 4,691,161 26,775 4,717,936 4,691,161 26,775 4,717,936 100,000
�Arterial Street 633,379 1 633,381 1,500,000 - 1,500,000 2,133,379 - 2,133,379 2
iUtility TaY 3,030,625 - 3,030,625 14,033,801 14,033,801 12,707,833 12,707,833 4,356,593
`Solid Waste/Recycling 151,639 (0) 151,639 399,181 34,124 433,305 447,017 34,124 481,141 103,803
;SpecialContract/Studies 271,062 - 271,062 - - 271,062 271,062 -
;HoteUMotelLodgingTax 201,347 0 201,347 169,360 - 169,360 370,707 370,707 0
2% for the Arts 293 - 293 - - 293 293 -
�'ederal Way Comm. Cente 240,014 - 240,014 2,539,970 - 2,539,970 2,110,626 8,652 2,ll9,278 660,706
`Traffic Safety 155,288 - 155,288 830,000 - 830,000 880,000 - 880,000 105,288
' Grants - CDBG - - - 1,274,272 - 1,274,272 1,274,272 - 1,274,272 -
';Paths and Trails 133,Sll 1 133,512 160,258 - 160,258 161,000 - 161,000 132,770
Debt Service Fund 4,164,479 1 4,164,480 1,875,033 755,000 2,630,033 3,133,805 755,000 3,888,805 2,905,708
Capital Project Funds:
DowntownRedevelopment 3,051,348 - 3,051,348 600,000 846,839 1,446,839 3,651,348 846,839 4,498,187 (0)
€City Facilities 915,959 - 915,959 445,621 - 445,621 1,361,580 - 1,361,580 (0)
''Parks 2,582,250 - 2,582,250 491,000 - 491,000 2,734,701 2,734,701 338,549
'iSWM 3,765,534 - 3,765,534 242,419 258,000 500,419 2,875,116 1,041,723 3,916,839 349,114
;Streets 16,384,795 - 16,384,795 21,878,491 (123,979) 21,754,512 37,361,550 - 37,361,550 777,757
Enterprise Fund:
=SurfaceWaterManagement 1,114,704 - 1,114,704 4,078,580 19,944 4,098,524 3,554,564 19,911 3,574,475 1,638,753
''Dumas Bay Center 179,691 - 179,691 736,018 - 736,018 803,906 29,500 833,406 82,303
Internal Service Funds:
RiskManagement 5,337,573 5,337,573 1,206,146 - 1,206,146 1,115,046 27,827 1,142,873 5,400,846
Information Systems 3,015,536 - 3,015,536 2,288,973 5,660 2,294,633 2,203,476 39,503 2,242,979 3,067,190
;Support Services 294,044 0 294,044 196,845 - 196,845 143,256 19,590 162,846 328,043
'Fleet&Equipment 4,291,126 - 4,291,126 2,260,008 (72,173) 2,187,835 1,738,977 82,050 1,821,027 4,657,934
?Buildings & Furnishin�s 1,204,761 (1) 1,204,760 691,170 463,272 1,154,442 440,970 467,647 908,617 1,450,585
Total All Funds $ 59,964,155 $ 2 $59,464,157 $103,300,141 $ 2,632,629 $105,932,770 $130,966,770 $ 3,818,308 $134,785,079 $ 30,61I,848
Ordinance No. 10- Page S of 5
Rev 1/10
COUNCIL MEETING DATE: November I6, 2010 ITEM #:�_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FEDERAL WAY PUBLIC SCAOOLS CAPITAL FACILITIES PLAN
POLICY QUESTION Should the Council approve the Federal Way School District 2011 Capital Facilities Plan or re-
adopt the 2010 Capital Facilities Plan?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
�
�I
Ordinance
Resolution
MEETING DATE: November 1, 2010
❑ Public Hearing
❑ Other
STAFF REPORT BY: Tho Kraus Finance Directo DEPT: Finance
_._ ......................................__...._._..............._....__......._...._.._.._...._......................_........_z.................._............._.............................._................... ............................_....__.._......._._.
Background:
The City has received the Federal Way School District's 2011 Capital Facilities Plan (CFP) with the proposed
school impact fees for the City's annual review and adoption. The new fees under the 2011 CFP, if approved,
will be effective January 1, 2011, are $4,014 per single-family unit and $2,172 per multi-family dwelling unit.
This is a$182 or 4.7% increase from the $3,832 single-family rate, and $58 or 2.7% increase from the $2,114
multi-family rate.
A number of variables go into the school impact fee calculation. Among them are the District's facility needs,
construction costs required for schools, and the student generating factor (average students per household in
elementary, middle, and high schools respectively) in new single and multi-family developments. The calculated
amounts are then reduced by any state matching funds and voter approved property taxes for construction.
Finally, a 50% factor is applied to eliminate imperfections in the fee calculation model.
Staff has been in contact with FWSD regarding the City's goal of no new or increase in taxes or fees during the
2011/12 Biennium. FWSD is on board with this and has suggested staff recommend re-adopting the 2010
Capital Facilities Plan in order to maintain the current 2010 school impact fees.
Attachments:
Federal Way School District 2010 Capital Facilities Plan
Federal Way School District 2011 Capital Facilities Plan
Options Considered:
1. Re-adopt the Federal Way School District 2010 Capital Facilities Plan and the school impact fees of
$3,832 for single family and $2,114 for multi-family units.
2. Approve the Federal Way School District 2011 Capital Facilities Plan and the school impact fees of
$4,014 for single family and $2,172 for multi-family units.
STAFF RECOMMENDATION: Option 1.
CITY MANAGER APPROVAL: _ I.�/� !0
Committee
Council
DIRECTOR APPROVAL:
Co� � il
COMMITTEE RECOMIVIENDATION "I move to forward approval of re-adopting the Federal Way School
District 2010 Capital Facilities Plan and school impact fees of $3,832 for single family and $2,114 for multi-
family units to full Council for approval with implementation of the proposed fee effective Janu�lcy 1, 2011."
��s�
� Committee Chair
T�t� u' DGtL' �G'S �
�, Committee
Member
, Committee
PROPOSED COUNCIL MOTION "I move approval of re-adopting the Federal Way School District 2010
Capital Facilities Plan and school impact fees to full Council for approval with implementation of the
pr opos ed fees effec January 1, 2011."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
FEDERAL WAY PUBLIC SCHOOLS
2010
CAPITAL FACILITIES PLAN
BOARD OF EDUCATION
Suzanne Smith, President
Tony Moore, Vice President
Ed Barney, Director
Amye Bronson-Doherty, Director
Angela Griffin, Director
SUPERINTENDENT
Thomas R. Murphy
Prepared by: Sally D. McLean
Tanya Nascimento
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
TABLE OF CONTENTS
SECTION 1
SECTION 2
SECTION 3
SECTION 4
TABLE OF CONTENTS
INTRODUCTION
THE CAPITAL FACILITIES PLAN
Introduction
Inventory of Educational Facilities
Inventory of Non-Instructional Facilities
Needs Forecast - Existing Facilities
Needs Forecast - New Facilities
Six Year Finance Plan
MAPS OF DISTRICT BOUNDARIES
Introduction
Map - Elementary Boundaries
Map - Middle School Boundaries
Map - High School Boundaries
SUPPORT DOCUMENTATION
Introduction
Building Capacities
Portable Locations
Student Forecast
Capacity Summaries
King County Impact Fee Calculations
SUNIMARY OF CHANGES FROM THE 2009
PLAN
1
2-3
4
5
6
7
8
9
11
12
13
14
15
16-17
18-19
20-22
23-27
28-30
31-33
1
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
INTRODUCTION
In response to the requirements of the State of Washington Growth Management Act
(SHB)2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee
Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249
effective December 21, 1995 as amended, City of Kent Ordinance No3260 effective
March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way
Public Schools has updated its 2010 Capital Facilities Plan as of May 2009.
This Plan is scheduled for adoption by King County, the City of Kent, City of Federal
Way and the City of Auburn and is incorporated in the Comprehensive Plans of each
jurisdiction by reference. This plan is also included in the Facilities Plan element of the
Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not
adopted a school impact fee ordinance. The City of Des Moines collects school impact
fees as part of the SEPA process.
The Growth Management Act requires the County to designate Urban Growth areas
within which urban growth can be encouraged. The Growth Management Planning
Council adopted and recommended to the King County Council four Urban Growth Area
Line Maps with designations for urban centers. A designation was made within the
Federal Way planning area, which encompasses Federal Way Public Schools boundaries.
King County will encourage and actively support the development of Urban Centers to
meet the region's need for housing, jobs, services, culture, and recreation. This Plan's
estimated population growth is prepared with this underlying assumption.
This Capital Facilities Plan will be used as documentation for any jurisdiction, which
requires its use to meet the needs of the Growth Management Act. This plan is not
intended to be the sole planning tool for all of the District needs. The District may
prepare interim plans consistent with Board policies or management need.
The District has prepared a multi-phase plan for the renovation and construction of
Federal Way Schools and support buildings. The Board authorized presenting the $149
million bond on May 15, 2007. The bond, passed at 63.93%, will replace four
elementary schools, Lakeland, Panther Lake, Sunnycrest and Valhalla and one middle
school, Lakota.
Plans to replace Federal Way High School and Decatur High School and to increase
capacity by approximately 400 students at each school are planned in later phases.
Federal Way High School was built in 1938. It has been added onto at least 10 times and
currently has an almost maze-like layout. Based on an annual4% increase in
construction cost, the estimated cost to rebuild Federal Way High School is $122 million.
Estimated construction costs will be re-calculated prior to the next bond election. None
of the cost to replace Federal Way or Decatur High School is included in the Impact Fee
calculation in this Plan.
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
The non-instructional projects included in the plan will consolidate support services
operations at a single location. The current Transportation and Maintenance facility
cannot continue to meet the District needs in the future. Nutrition services and other
administrative functions will also relocate to this centralized location.
In September 2007 Woodmont Elementary School began a K-8 program by adding a 6th
grade and progressively adding a grade level each year. In March 2008, the Board
approved a second K-8 program at Nautilus Elementary School. Nautilus began the
2008/09 school year with K-6�` grade. As the program grows there will be more data
available about the unique facility needs for this grade configuration.
The District opened a new school in September 2008. The Technolo�y Access
Foundation (TAF) Academy will provide a small school setting for 6 through 12�' grade
students. This academy is funded through a unique public/private partnership between
the Technology Access Foundation and Federal Way Public Schools. The focus of the
school is Science, Technology, Engineering and Math (STEM). The TAF Academy
opened in September of 2008 with students in grades 6, ? and 9. In the 2009/10 school
year TAF Academy added 8�' and 10�` grade. Grades 11 and 12 will be added in
successive years with a target population of about 350.
The District continues to study school boundaries as new housing and fluctuating
populations impact specific schools. Some shifts in boundaries may be required in the
coming year.
3
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
SECTION I- THE CAPITAL FACILITIES PLAN
The State Growth Management Act requires that several pieces of information be
gathered to determine the facilities available and needed to meet the needs of a growing
community.
This section provides information about current facilities, existing facility needs, and
expected future facility requirements for Federal Way Public Schools. A Financial Plan
that shows expected funding for any new construction, portables and modernization listed
follows this.
4
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
INVENTORY OF EDUCATIONAL FACILITIES
ELEMENTARY SCHOOLS
Adelaide
Brigadoon
Camelot
Enterprise
Green Gables
Lake Dolloff
Lake Grove
Lakeland
Mark Twain
Meredith Hill
Mirror Lake
Nautilus (K-8)
Olympic View
Panther Lake
Rainier View
Sherwood Forest
Silver Lake
Star Lake
Sunnycrest
Twin Lakes
Valhalla
Wildwood
Woodmont (K-8)
MIDDLE SCHOOLS
Federal Way Public Academy (6-10)
Illahee
Kilo
Lakota
Sacajawea
Saghalie
Sequoyah
Totem
TAF Academy (6-12)
HIGH SCHOOLS
Decatur
Federal Way
Thomas Jefferson
Todd Beamer
Career Academy at Truman
ALTERNATIVE SCHOOLS
Merit School
1635 SW 304th Street
3601 SW 336th Street
4041 S 298th Street
35101 Sth Avenue SW
32607 47th Avenue SW
4200 S 308th Street
303 SW 308th Street
35827 32° Avenue S
2450 S Star Lake Road
5830 S 300th Street
625 S 314 Street
1000 S 289th Street
2626 SW 327th Street
34424 lst Avenue S
3015 S 368th Street
34600 12th Avenue SW
1310 SW 325th Place
4014 S 270th Street
24629 42° Avenue S
4400 SW 320th Street
27847 42" Avenue S
2405 S 300th Street
26454 16th Avenue S.
34620 9 Avenue S
36001 lst Avenue S
4400 S 308th Street
1415 SW 314th Street
1101 S Dash Point Road
33914 19th Avenue SW
3450 S 360 ST
26630 40 Ave S
26630 40�` Ave S
2800 SW 320th Street
30611 16th Avenue S
4248 S 288th Street
35999 16th Ave S
31455 28th Ave S
36001 1 S Ave S
31455 28 Ave S
Federal Way
Federal Way
Auburn
Federal Way
Federal Way
Auburn
Federal Way
Auburn
Federal Way
Auburn
Federal Way
Federal Way
Federal Way
Federal Way
Federal Way
Federal Way
Federal Way
Kent
Kent
Federal Way
Auburn
Federal Way
Des Moines
Federal Way
Federal Way
Auburn
Federal Way
Federal Way
Federal Way
Auburn
Kent
Kent
98023
98023
98001
98023
98023
98001
98023
98001
98003
98001
98003
98003
98023
98003
98003
98023
98023
98032
98032
98023
98001
98003
98198
Internet Academy
98003
98003
98001
98023
98003
98023
98001
98032
98032
Federal Way 98023
Federal Way 98003
Auburn 98001
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
5
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES
Develoued Propertv
Administrative Building
MOT Site
Central Kitchen
Federal Way Memorial Field
Leased Suace
Community Resource Center
Available Office Space
31405 18th Avenue S
1066 S 320th Street
1344 S 308th Street
1300 S 308th Street
1813 S Commons
32020 l Ave S
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
Undeveloped Property
Site # Location
75 SW 360th Street & 3rd Avenue SW — 9.2 Acres
65 S 351st Street & 52nd Avenue S— 8.8 Acres
60 E of lOth Avenue SW - SW 334th & SW 335�' Streets - 10.04 Acres
73 N of SW 320�` and east of 45�' PL SW — 23.45 Acres
71 S 344th Street & 46th Avenue S- 17.47 Acres
82 1 St Way S and S 342 St — Minimal acreage
96 S 308 St and 14�' Ave S— 36 Acres
81 S 332 St and 9�' Ave S— 20 Acres
Notes:
Not all undeveloped properties are large enough to meet school construction
requirements. Properties may be traded or sold depending on what locations are needed
to house students in the District.
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLA
NEEDS FORECAST - EXISTING FACILITIES
EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF
FUNDS
Purchase and Relocate Interim Capacity Anticipated source of funds is
Portables Im act Fees.
Elementary Schools: Replace Existing Buildings Voter approved bonds.
Lakeland, Panther Lake, Increase capacity at Lakeland,
Sunnycrest and Valhalla Panther Lake, Sunnycrest and
Valhalla b a total of 200 seats
Lakota Middle School Re lace Existin Buildin Voter a roved bonds
Federal Way High School Replace Existing Building, Future bond authorization
Increase Ca aci
Decatur High School Replace Existing Building, Future bond authorization.
Increase Ca aci
The District is also planning the replacement of some non-instructional facilities. The
District has purchased 20 acres (Site #81) for construction of consolidated facilities for
support services functions. Transportation, Nutrition Services, Maintenance and other
non-instructional functions will be housed at this centralized location.
As part of the multi-phase plan, the District intends to increase capacity for high school
students with expansion at the Decatur High School site. Increased capacity at Federal
Way High and at Decatur High in later phases supplant the need for construction of a
fifth comprehensive high school.
7
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
NEEDS FORECAST - ADDITIONAL FACILITIES
NEW FACILITY LOCATION ANTICIPATED SOURCE
OF FUNDS
No current plans for additional facilities.
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Six Year Finance Plan
Secured Funding
Projected Revenue
Actual and Planned Expenditures
available for use by the District for system improvements. This is yeaz� end bala�ice on 12/31/08.
Sources
Im act Fees 1) $69,875
Land Sale Funds 2) $143,642
BondFunds 3) $81,545,134
State Match (4) ($4,598,259)
TOTAL $77,160,392
Sources
State Match 5) $20,000,000
Bond or Le Funds 6) $67,OOQ000
Land Fund Sales 7) $10,000,000
Im act Fees (8) $1,800,000
TOTAL $98,800,000
Total Secured Funding and Projected Revenue 5175,960,392
2. These f'unds come from vazious sales of land and aze set aside for estimated expenAitures. This is year end balance on 12/31/08.
3. This is the 12/31/OS bala�ice of bond fiands. This figure includes interest eamings.
4. In anticipation of State Match Funds for Valhalla, Panther Lake, Lakeland, and Sunncrest Elementaries and Lakota Middie School, work on specific buildinf5 upgrades is occurring.
This is a year end balance on 12/31/08.
5. This is anticipated State Match for projects attached to future bond issues. This is based on July 1, 2006 State Mntch indices. State Match funds aze being used for lugh prioriry repairs, upgrades
and system improvements to exisdn� buildings. These improvements include HVAC, and other stnictural improvements are not related to capacity increase.
6. These aze anticipated bond funds. Voters have approved a bond for $ L49m, $45m of this bond is for non schoo! conshuction. As of 12/31/08, $82m has been sold.
7. Projected sale oFsurplus propeities.
8. These aze projected fees based upon luiown residertial developments in the Distnct over the next six yeazs. This figure assumes $25,000 pe� month for the next six years.
This figure has been adjusted to reflect the current economy.
9. These fees represent the cost of purchasing and installing uew portables. The portable expenditure in fuhue years may replace e�cisting portables [hat are not hmctional.
These may not increase capaciry and are nut included in the capaciry sununary.
NOTES: '
1. These fees aze currently being held in a King County, City of Federal Way and City of Kent impact fee account, and will be
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
SECTION 2- MAPS OF DISTRICT BOUNDARIES
Federal Way Public Schools has twenty-one elementary schools (grades K-5), two
schools with a K-8 grade configuration, seven middle school schools (grades 6-8), four
high schools (grades 9-12) and three small secondary schools. The Federal Way Public
Academy serves students in grades 6-10. The TAF Academy serves students in grades 6-
12 who reside in the Totem Middle School service area. The Career Academy at Truman
High School serves students in grades 9-12. The Internet Academy serves grades K-12.
The following maps show the service area boundaries for each school, by school type.
(Career Academy at Truman High School, Merit School, Internet Academy and Federal
Way Public Academy serve students from throughout the District). The identified
boundaries are reviewed annually. Any change in grade configuration or adoption of
programs that affect school populations may necessitate a change in school service areas.
The Growth Management Act requires that a jurisdiction evaluate if the public facility
infrastructure is in place to handle new housing developments. In the case of most public
facilities, new development has its major impact on the facilities immediately adjacent to
that development. School District are different. If the District does not have permanent
facilities available, interim measures must be taken until new facilities can be built or
until boundaries can be adjusted to match the population changes to the surrounding
facilities.
Adjusting boundaries requires careful consideration by the District and is not taken
lightly. It is recognized that there is a potential impact on students who are required to
change schools. Boundary adjustments impact the whole district, not just one school.
It is important to realize that a single housing development does not require the
construction of a complete school facility. School districts are required to project growth
throughout the district and build or adjust boundaries based on growth throughout the
district, not just around a single development.
11
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
ELEMENTARY SCHOOL BOUNDARIES
❑ Elementary Schools
1 Adelaide
2 Brigadoon
3 Camelot
4 Enterprise
5 Green Gables
6 Lake Dolloff
7 Lake Grove
8 Lakeland
9 Mark Twain
10 Meredith Hill
11 Mirrar Lake
12 Nautilus
13 Olympic View
14 Panther Lake
15 Rainier View
16 Sherwood Forest
17 Silver Lake
18 Star Lake
19 Sunnycrest
20 Twin Lakes
21 Valhalla
22 Wildwood
23 Woodmont
�
\1 /
� �\
0 Middle Schools
36 Federal Way Public Academy
30 Illahee
31 Kilo
32 Lakota
33 Sacajawea -
34 Saghalie
37 Sequoyah �
35 Totem , .
� High Schools
40 Decatur
41 Federal Way
421 Thomas Jefferson
45 Todd Beamer
49 Career Academy at
Truman
0 Administrative
Building
� Undeveloped Property
�
�_,
�.�
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
MIDDLE SCHOOL BOUNDARIES
❑ Elementary Schools
1 Adelaide
2 Brigadoon
3 Camelot
4 Enterprise
5 Green Gables
6 Lake Dolloff
7 Lake Grove
8 Lakeland
9 Mark Twain
10 Meredith Hill
11 Mirror Lake
12 Nautilus
13 Olympic View
14 Panther Lake
15 Rainier View
16 Sherwood Forest
17 Silver Lake
18 Star Lake
19 Sunnycrest
20 Twin Lakes
21 Valhalla
22 Wildwood
23 Woodmont
�;:
; Middle Schools
36 Federal Way Public Academy
30 Illahee
31 Kilo
32 Lakota
33 Sacajawea
34 Saghalie
37 Sequoyah ��
, .k,';
35 Totem
0 High Schools
40 Decatur
41 Federal Way
421 Thomas Jefferson
45 Todd Beamer
49 Career Academy at
Truman
0 Administrative Building
MOT Site
� Undeveloped Property
�� �
/ ��
2T
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
❑ Elementary Schools
1 Adelaide
2 Brigadoon
3 Camelot
4 Enterprise
5 Green Gables
6 Lake Dolloff
7 Lake Grove
8 Lakeland
9 Mark Twain
10 Meredith Hill
11 Mirror Lake
12 Nautilus
13 Olympic View
14 Panther Lake
15 Rainier View
16 Sherwood Forest
17 Silver Lake
18 Star Lake
19 Sunnycrest
20 Twin Lakes
21 Valhalla
22 Wildwood
23 Woodmont
HIGH SCHOOL BOUNDARIES
� Middle Schools
36 Federal Way Public Academy
30 Illahee
31 Kilo
32 Lakota
33 Sacajawea
34 Saghalie _
37 Sequoyah
35 Totem
High Schools
40 Decatur
41 Federal Way
421 Thomas Jefferson
45 Todd Beamer
49 Career Academy at
Truman
� Administrative Building
MOT Site
� Undeveloped Property
S
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
SECTION 3 - SUPPORT DOCUMENTATION
Building Capacities - The Education Program
Portable Locations
Student Forecast — 2010 through 2016
Capacity Summaries
King County Impact Fees - Single and Multi-Family Units
15
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Buildin� Capacities
This Capital Facilities Plan establishes the District's "standard of service" in order to
ascertain the District's current and future capacity. The Superintendent of Public
Instruction establishes square footage guidelines for capacity, but these guidelines do not
take into consideration the education program needs.
In general, the District's current target class size provides that the average class size for a
standard classroom for grades K through 2 should be 20 students. In grades 3-5 the target
is 25 students. For grades 6 to 12 the target class size is 26 students. Classrooms for
students with Individualized Education Program (Special Education) needs are calculated
at 12 seats per classroom.
Using the OSPI square footage calculation as a base line, the District has calculated a
program capacity for all schools. A recent Study & Survey was the basis for changes to
the OSPI building report. The following list clarifies the adjustments to the OSPI
calculation.
Music Rooms:
Each elementary school requires a standard classroom for music instruction.
All Day Kindergarten:
Every elementary school operates at least one all day Kindergarten program. These all
day Kindergarten program require additional capacity because the standard classroom is
available for one all day session rather than two half day sessions. The District will
operate 52 sections of all day Kindergarten in 2009/10
Special Education Resource Rooms:
Each elementary and middle school requires the use of a standard classroom(s) for
special education students requiring instruction to address specific disabilities
English as a Second Language Programs:
Each elementary, middle school and high school requires the use of a standard classroom
for students learning English as a second language.
Middle School Computer Labs:
Each middle school has computer labs.
High School Career Development and Learning Center (Resource) Room:
Each high school provides special education resource room and career development
classrooms for students requiring instruction to address specific disabilities.
16
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
BUILDING PROGRAM CAPACITIES
ELEMENTARY BUILDING
PROGRAM CAPACITY
*Middle School Avera e 754 762
Elementa Avera e 373
*Hi h School Avera e 1 299 1 389
Notes:
* Federal Way Public Academy and Career Academy at Truman High School
are non-boundary schools. These schools are not used in the calculated averages.
** Technology Access Foundation Academy is housed entirely in portables
on the Totem Middle School site.
F�II
MIDDLE SCHOOL BUILDING
PROGRAM CAPACITY
HIGH SCHOOL BUILDING
PROGRAM CAPACITY
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Portable Locations
The Washington State Constitution requires the State to provide each student a basic
education. It is not an efficient use of District resources to build a school with a capacity
for 500 students due to lack of space for 25 students when enrollment fluctuates
throughout the year and from year to year.
Portables are used as temporary facilities or interim measures to house students when
increasing population impacts a school attendance area. Portables may also be required
to house students when new or changing programs require additional capacity. They also
provide temporary housing for students until permanent facilities can be financed and
constructed. When permanent facilities become available, the portable(s) is either used
for other purposes such as storage or child care programs, or moved to another school for
an interim classroom. Some portables may not be fit to move due to age or physical
condition. In these cases, the District may choose to buy new portables and surplus these
unfit portables. It is the practice and philosophy of Federal Way Public Schools that
portables are not acceptable as permanent facilities.
The following page provides a list of the location of the portable facilities, used for
temporary educational facilities by Federal Way Public Schools.
18
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
PORTABLE LOCATIONS
PORTABLESLOCATED
AT HIGH SCHOOLS
NON
INSfItUC710f7AL P�STRUCTIOMAL
�ecatur 9
ederal W ay 2
homas Jefferson 10
odd Beamer 8
AF Academy 8
'OTAL 37
PORTABLESLOCATED
AT SUPPORT FACILITIES
MOT 1
TDC 5
TOTAL 6
HEAD START PORTABLES AT DISTRICT SITES
Sherwood Forest 1
Total 1
19
PORTABLESLOCATED
AT ELEMENTARY SCHOOLS
PORTABLESLOCATED
AT MIDDLE SCHOOLS
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Student Forecast
Student enrollment projections are a basic component of budget development.
Enrollment projections influence many of the financial estimates that go into budget
preparation. The majority of staffing requirements are derived directly from the
forecasted number of students. Allocations for instructional supplies and materials are
also made on the basis of projected enrollment. Other expenditures and certain revenue
projections are directly related to enrollment projections.
Enrollment projections are completed annually in the Business Services Department.
Projections must be detailed at various levels, district total, school-building totals, grade
level and program level to include vocational and special education students.
The basis of projections has been cohort survival analysis. Cohort survival is the analysis
of a group that has a common statistical value (grade level) as it progresses through time.
In a stable population the cohort would be 1.00 for all grades. This analysis uses
historical information to develop averages and project the averages forward. This
method does not trace individual students; it is concerned with aggregate numbers in each
grade level. The district has used this method with varying years of history and weighted
factors to study several projections. Because transfers in and out of the school system are
common, student migration is factored into the analysis as it increases or decreases
survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The
district collects information on birth rates within the district's census tracts, and treats
these statistics as a cohort for kindergarten enrollment in the appropriate years.
The Federal Way School District is using various statistical methods for projecting
student enrollments. The resultant forecasted enrollments are evaluated below.
The first method is a statistical cohort analysis that produces ten distinct forecasts. These
are forecast of enrollment for one year. The projections vary depending on the number of
years of historical information and how they are weighted.
A second method is a projection using an enrollment projection software package that
allows the user to project independently at school or grade level and to aggregate these
projections for the district level. The Enrollment Master soflware provides statistical
methods including trend line, standard grade progression (cohort) and combinations of
these methods. This software produces a five-year projection of school enrollment.
In December 2006, the District contracted a demographer to develop projections far the
Federal Way School District. The report was complete in January 2007. The model used
to forecast next year's enrollment uses cohort survival rates to measure grade to grade
growth, assumes market share losses tp private schools (consistent with county-wide
average), assumes growth from new housing or losses due to net losses from migration.
This forecast was provided as a range of three projections. T'he long-range forecast
provided with this report used a model with cohort survival rates and growth rates based
on projected changes in the 5-19 age group for King County. Most of the methods used
for long range enrollment reporting assume that enrollment is a constant percent of
20
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PL
something else (e.g. population) or that enrollment will mirror some projected trend for
the school-age population over time. The report included 5 different calculations to
provide a range of possible projections for the District to the year 2015. This model
produces a projection that is between 23,000 and 24,000 when applied to the low,
medium and high range modes. This provides a reasonable range for long-range planning
and is consistent with estimates from various models.
Long-range projections that establish the need for facilities are a modification of the
cohort survival method. The cohort method of analysis becomes less reliable the farther
out the projections are made. The Federal Way School District long-range projections
are studied annually. The study includes information from the jurisdictional
demographers as they project future housing and population in the region. The long-range
projections used by Federal Way Public Schools reflect a similar age trend in student
populations as the projections published by the Office of Financial Management for the
State of Washington.
Near term projections assume some growth from new housing, which is offset by current
local economic conditions. Current economic conditions do appear to be affecting
enrollment. This is reflected in the District's projections. The District tracks new
development from five permitting jurisdictions. Long range planning assumes a student
yield from proposed new housing consistent with historical growth patterns.
Growth Management requires jurisdictions to plan for a minimum of twenty years. The
Federal Way School District is a partner in this planning with the various jurisdictions
comprising the school district geography. These projections create a vision of the school
district community in the future.
21
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Full Time Equivalent Enrollment History and Projections
Simplified FTE (K Headcount =.5 FTE; Middle School FTE=.99 Headcount; High School FTE _.935Headcount)
Total K -12 Per
Calendar Yr School Yea � Elementarv Middle Schooi Senior High FTE Ch�
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
�
2003-04
2004-OS
2005-06
2006-07
2007-08
2008-09
B2009-10
P2010-I1
P2011-12
P2012-13
P2013-14
P2014-15
P2015-16
* New Con�pu�
9,127 5,524 6,408
9,164 5,473 6,515
9,105 5,309 6,770
9,022 5,261 6,754
8,912 5,167 6,637
8,865 5,155 6,456
8,793 5,076 6,325
8,838 5,077 6,167
� 8,894 5,042 6,129
8,988 4,995 6,109
9,091 4,969 6,111
9,175 5,012 6,066
9,253 5,086 6,022
Elementary K-5 Middle School 6-8 High Schoo! 9-12
21,059
21,152
21,184
21,037
20,716
20,476
20,194
20,082
20,065
20,092
20,171
20,253
20,361
0.4 %
0.2 %
-0.7%
-1.5 %
-1.2 %
-1.4 %
-0.6 %
-0.1 %
0.1 %
0.4 %
0.4 %
0.5%
2z,000
21,000
20,000
c
�
0
s 19,000
m
d
x
a 18,000
0
«
u
O
17,000
16,000
15,000
c'O �t� c'O A' c'O �s c' ��6i
A O O� O,
O FTE
�O �O A �O �O A
� oo> � � aoo ao' ao' �, � � �
m o � c? �' n s
�� �'� �o � .'-' �� � �s 'rn
SchoolYear
���
Enrollment History and Six Year Forecast
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Capacitv Summaries
All Grades, Elementary, Middle School, and High Schools
The Capacity Summaries combine Building Capacity information and the Student
Forecast information. The result demonstrates the requirements for new or remodeled
facilities and why there is a need for the District to use temporary facilities or interim
measures.
The information is organized in spreadsheet format, with a page summarizing the entire
District, and then evaluating capacity vs. number of students at elementary, middle
school, and high school levels individually.
The notes at the bottom of each spreadsheet provide information about what facilities are
in place each year.
23
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY - ALL GRADES
Budget - - Projected - -
Calendar Year 2010 2011 2012 2013 2014
CAPACITY School Year 2009/10 2010/11 2011/12 2012/13 2013/14
BUILDING PROGRAM
HEADCOiJNT CAPACITY 19,493 19,493 19,493 19,593 19,593
F'FE C�PACITY : ' _ _
Add or subtract changes to capacity
Increase Capacity, Lakeland, Panther Lake
Sunnycrest and Valhalla
Adiusted Proeram Headcount Caoacitv
ENROLLMENT
RELOCATABLE CAPACITY
2015 I 201
19,593 � 19,593
100 10�
19, 5 93 19, 493 19, 5 93 19, 5 93 19, 5 9 3 19
24
19.593
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
CAPAC(TY SUMNIARY - ELEi�tENTARY SCHOOLS
CAPAC[TY
BUILDING PROGRAM
HEAD COUN"C CAP�C[TY
FTE CAf'ACITY
1. [ncrease Capacity L,akeiand
and Sunnycrest
Ad Pro�ram I
Adjusted Program FTE Capac
uug�� - - rru�ccicu - -
ar Year 2010 2011 2012 2013 2014 2015 2016
Year 2009/10 ?Oi0/ll 2011/12 2012/13 2013/14 2014/15 2015/16
8 8,�7t 8,�71 8,671 8,671 8,671 8,67i
8,57i 8,57t' 8,571 8;671 '8,6?I ;8.6'fl ' 8_67t
ENROLLMENT
Basic FTE Enrollment
2. Internet Academy (A�'TE)
Basic FT`E Enroil�ent without Internct Academy
SURPLUS OR (UNHOUSED)
PR�GRAM eAPACTTY
RELOCATABLE CAPACITY' 3.
Current Portabie Capacity
100
8,� 71 8,5 71 8,671 8,67 I 8,671 8,671 8,671
8,57I 8,5? 1 8,671' 8,6? 1 %;671 :$,671 8,(71
8,793 8,838 8,894 8,988 9,091 9,175 9,253
(36) (36) (36) (36) (36) (36) (36)
8,757 8,802 8,858' &952 :�:U�S 91�9 9ai�`
f286) :�
1,07� 1,075 1,075 i 1,075 1,075 1,075
n.,� r�fiaucc c;apaet�y; ' I,D75 1,075 1,075 : 1,075 1,OZ5 1,4�5 1,fl75 ,
SURPLUS OR (UNHOUSED)
PROGRAM MID RELOCATABLE
:CAP�GI'FY 889 844 888' 794 691 60? 529 "
NOTES:
I. Increase Capacity at Lakeland, Panther Lake, Sunnycrest and Valhalla
2. Internet Academy students are included in projections but do not require full time use of school facilities.
3. Re(ocatable Capacit� is based on the number of portables available and other administrative techniques which
can be used to temporarily house students untii permanent facilities are availab(e. This is a calcu(ated number only.
The actual number of portables that will be used will be based on actua( student population needs.
The District may begin to pul( portables from the instructiona( inventor;�. Age and condition of the portables
will determine feasibitity for continued instructional use.
25
FEDERAL WAY PUBLIC SCHOOLS 20�0 CAPITAI., FACILITIES PLAN
CAPACITY SUMMARY - MIDDLE SCHOOLS
CAPACITY
BUILDING PROGRAM
HEADCOUNT CAPACITY
Add or subtract changes in capacity
F.NROi.LMENT
SURPLUS OR
tsuaget - - rru�ccicu - -
�r Year 2010 2011 2012 2013 2014 2015 2016
Year 2009/10 2010/ll 2011/12 2012/13 � 2013/14 2014/]5 2015/li
5,489 5,489 5,489 5,489 5,489 5,489 5,489
.. �. �.. .. ... .+ . a . r e� � a.. c e.a e G=. c.� A ��:'�. C G.E A .. G C A A�.
.489 5.489 5,48
� � �
F
NOTES:
1. Internet Academy students are included in projections but do not require full time use of school facilities.
2. Relocatable Capacity is based on the number of portables available and other administrative techniques which
can be used to temporarily house students until permanent facilities are available. This is a calculated number only.
The actual number of portables that will be used will be based on actual student population needs.
The District may begin to pull portables from the instructional inventory. Age and condition of the portables
will determine feasibility for continued instructional use.
�i�.^
RELOCATABLE CAPACITY 2.
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY - HIGH SCHOOLS
13udget - - rro�ec�cu - -
Calendar Year 2010 2011 2012 2013 2014 2015 2016
CAPACITY School Year 2009/10 2010/11 2011l12 2012/13 2013/14 2014/15 2015/16
BUILDING PROGRAM
' HEADCOLJNT CAPACITY 5,433 5,433 5,433 5,433 5,433 5,433 5,433
Add or subtract changes in capacity
usted Prosram Headcount
ENROLLMENT
Basic FTE Enrollment
1. Internet Academy (AA
5,433 5,433 5,433
S;Sti � '�� 5,81�`
6,325 6,167 6,129
(205) (205) (205)
3 5,433 5,433 5,433
6,109 6,111 6,066 6,022
�2os� �ios� �2os> �2os;
SURPLUS OR
RELOCATABL CAPACITY 2.
Current Portable Capacity
Add/Subtract portable capacity
Add nortable capacity at TAF ?
800 900 900
` 100
900 900 900 900
SURPLUS OR (UNHOUSED)
PROGRAM AND RELOCATABLE
NOTES:
l. Internet Academy students are included in projections but do not require full time use of school facilities.
2. Relocatable Capacity is based on the number of portables available and other administrative techniques which
can be used to temporarily house students until permanent facilities are available. This is a calculated number only.
The actual number of portables that will be used will be based on actual student population needs.
The District may begin to pull portables from the instructional inventory. Age and condition of the portables
will determine feasibility for continued instructional use.
3. Capacity for unhoused students will be accommodated with traveling teachers and
no planning time in some classrooms. Puget Sound Early College will house approximately
60 of the unhoused students.
27
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
Kin� County the City of Federal Way and the City of Kent Impact Fee Calculations
Single and Multi-Family Residences
Each jurisdiction that imposes school impact fees requires that developers pay these fees
to help cover a share of the impact of new housing developments on school facilities.
To determine an equitable fee throughout unincorporated King County, a formula was
established. This formula can be found in King County Code 21A and was substantially
adopted by the City of Federal Way and Kent. The formula requires the District to
establish a"Student Generation Factor" which estimates how many students will be
added to a school district by each new single or multi-family unit and to gather some
standard construction costs, which are unique to that district.
- STUDENT GENERATION FACTOR ANALYSIS
Federal Way Public Schools student generation factor was determined separately for
single-family units and multi-family units. The factors used in the 2010 Capital Facilities
Plan were derived using actual generation factors from single-family units that were
constructed in the last five (5) years.
- IMPACT FEE CALCULATION
Following the calculations for the student generation factor is a copy of the Impact Fee
Calculation for single family and multi-family units based on King County Code 21A and
the Growth Management Act.
➢ Temporary Facility Cost is the average cost of a portable purchased within the last 12
months.
Plan Year 2010 Plan Year 2009
Single Family Units $3,832
Multi-Familv Units $2,114
$4, 017
$1, 733
E►�:3
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
STUDENT GENERATION
NEW CONSTRUCTION IN PRIOR 5 YEARS
Single Family 5tudent Generation
Number of Number of Number of Number of Number of Elementary Middle School High School Total
Single Family Multi-Family Elementary Middle School High School Student Student Student Student
DEVELOPMENT Dwellin s Dwellin s Students Students Students Factor Factor Factor Factor
(09) Lakota Crest 41 0 3 7 2 0.0732 0.1707 0.0488 0.2927
(09) Tuscan 18 0 9 2 1 0.5000 0.1111 0.0556 0.6667
08) Northlake Rid e IV 90 0 30 9 15 0.3333 0.1000 0.1667 0.6000
(08) Collin tree Park 42 0 19 5 2 0.4524 0.1190 0.0476 0.6190
(07) Coleila Estates 81 0 31 13 22 0.3827 0.1605 0.2716 0.8148
07) Woodbrook 169 0 36 25 39 0.2130 0.1479 0.2308 0.5917
(06) Devo�shire 29 0 15 6 17 0.5172 0.2069 0.5862 1.3103
(06) Orchid Lane 50 0 25 11 13 0.5000 0.2200 0.2600 0.9800
(05 Danville Station 80 0 36 18 22 0.4500 0.2250 0.2750 0.9500
(05) Northlake Ridge I, II AND III 241 0 75 43 54 0.3112 0.1784 0.2241 0.7137
Total 841 0 279 139 187
Student Generation* 0.3317 ` 0�'1653 0.2224 0.7194
* Student Generation rate is based on totals.
29
Multi-Family Student Generation
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
IMPACT FEE
School Site Acquisition Cost:
Facility
Elementary
Middle School
High School
Schooi Construction Cost:
% Perm Fac./
Total S Ft
Elementary 95.6�
............_..._...,.___......_......._.
Middle School
_._ ...............�_................_.__.
High School
Temporary Faci►ity Cost:
% Temp Fac.
Total S Ft
Elementary
......._._._......_ ....................._._...__
Middle School ��� 438%
High School �
State Matching Credit Calculation:
Area Cost
Allowance/S Ft
Elementary $168.79
..._............__....._.........� ............._.....
Middle School $168.79
.......... _......... _ ................................ _.
High School $168.79
Tax Payment Credit Calculation
Average Assessed Value (March 2009)
Capital Bond Interest Rate (March 2009)
Net Present Value of Average Dwelling
Years Amortized
Property Tax Levy Rate
Present Value of Revenue Stream
Cost /
Acre
Facility
Cost
>9.100.0
Facility
Cost
_ . . . . . . . . . . . . . . . . . . . . _
$193,E
Sq. Ft.
Student
Facility
Facility
�apacity
200
Facility
Size
State
Match
61.1
25
Student Student
Factor Factor
SFR MFR
0.3317 0.1520
..._..___._ ................ ..
0.1653 0.0520
_.._............,,._,_.
0.2224 0.0590
TOTAL
Student Student
Factor Factor
SFR MFR
03317 0.1520
.........,....0.1653 ........_ .................
__......__...____._.._ _______...�..._.._.._......_.
0.2224 0.0590
TOTAL
Student Student
Factor Factor
SFR MFR
0.3317 0.1520
..._ ___ ...............�..... ,..__._._.__.._....._.___.
0.1653 0.0520
..,...... _......,... _... �,.. _..... ....... _ _...... _.. _. _ _.... _......
0.2224 0.0590
TOTAL
Student Student
Factor Factor
SFR MFR
0.3317 0.1520
....._._......._...._-----• •---_._._.�_.._.._...._..�._
0.1653 0.0520
...................................... ........_....._.........._......_..,..
0.2224 0.0590
Total
Single Family Multi-Family
Residences Residences
Mitigation Fee Summary
Site Acquisition Cost $ - $ -
Permanent Facility Cost $ 14,431 $ 6,613
Temporary Facility Cost $ 56 $ 18
State Match Credit $ (3,078) $ (1,411)
Taac Payment Credit $ (3,745) $ (992)
Sub-Total $ ?,664 $ 4,228
50%Local Share $ 3,832 $ 2,114
Im act Fee $ 3,832 $ 2,114
30
Cost/
SFR
$0
$0
$0
$0
Cost/
MFR
$0
$0
$0
$0
Cost/ Cost/
SFR MFR
$14,431 $6,613
$0 $0
$0 $0
$14,431 $6,613
CostJ
SFR
$56
$56
Cost/
SFR
$3,078
$0
$0
$3,078
SFR
Cost/
MFR
$18
$18
Cost/
NIFR
$1,411
$0
$0
MFR
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
SECTION 4
SUMMARY OF CHANGES FROM THE 2009 CAPITAL FACILITIES PLAN
The 2010 Capital Facilities Plan is an updated document, based on the 2009 Capital
Facilities Plan. The changes between the 2009 Plan and the 2010 Plan are listed below.
SECTION I- THE CAPITAL FACILITIES PLAN
SIX-YEAR FINANCE PLAN
The Six Year Finance Plan has been rolled forward to reflect 2010/2016
SECTION III - SUPPORT DOCUMENTATION
CAPACITY
Elementary capacity includes space for All Day Kindergarten programs at every
elementary school. Changes to the Building Program Capacities calculation are found on
page 17.
PORTABLES
The list of portables reflects the movement of portables between facilities or new
portables purchased. Portable Locations can be found on page 19.
STUDENT FORECAST
The Student Forecast now covers 2010 through 2016 Enrollment history and projections
are found on page 22.
CAPACITY SUMMARY
The changes in the Capacity Summary are a reflection of the changes in the capacities
and student forecast. New schools and increased capacity at current buildings are shown
as increases to capacity. Capacity Summaries are found on pages 24-27.
IMPACT FEE CALCULATION - KING COUNTY CODE 21A
The Impact Fee Calculations have changed due to changes in several factors. The
adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee
between the 2009 Capital Facilities Plan and the 2010 Capital Facilities Plan can be
found on page 32 and 33.
31
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
IMPACT FEE CALCULATION CHANGES FROM 2Q09 TO 2010
STUDENT GENERATION FACTORS
Student Generation factors are based on rates for new developments constructed over a
period of not more than five years prior to the date of the fee calculation. The changes in
student Generation factors beriveen the 2009 Capital Facilities Plan and the 2010 Capital
Facilities Plan are due to developments that were deleted or added based upon the age of
the developments and the year placed in the survey. The Student Generation worksheet
is found on page 29.
SCHOOL CONSTRUCTION COSTS
The anticipated cost for replacing Lakeland, Panther Lake, Sunnycrest and Valhalla is
$70, 000, 000. The replacement will add 50 new seats to the school capacity at each
building. The total capacity at these four elementary schools is currently I505. Adding
200 additional seats will increase the capacity by 13%.
Total Cost .13 X $70,000,000 = $9,100,000
The District will use the above formula created as a base from the 2008 Capital Facilities
Plan for the 2010 Capital Facilities Plan. The capacity of the four elementary schools
may vary from year to year as programs are added or changed and construction cost may
increase over time. For instance, for each new all day Kindergarten program, the
building capacity will effectively be reduced by 20 headcount and the Board authorized
an increase in construction cost of $lm for Valhalla. These changes would increase the
construction cost. The District is using the base formula established in the 2008 plan in
the Impact Fee calculation.
[eYa
FEDERAL WAY PUBLIC SCHOOLS 2010 CAPITAL FACILITIES PLAN
IMPACT FEE CALCULATION CHANGES FROM 2009 TO 2010
IMPACT FEE
Item From/ I'o
Percent of Permanent Facilities 96.81% to 95.62%
Percent Temporary Facilities
Average Cost of Portable
Classroom
3.19% to 4.38%
$168,307 to $193,607
Area Cost Allowance
State Match
Average Assessed Value
Capital Bond Interest Rate
Property Tax Levy Rate
Single Family Student Yield
Elementary
Middle School
High School
Multi-Family Student Yield
Elementary
Middle School
High School
$168.79 to $168.79
61.84% to 61.09%
SFR —
$297,242 to $326,409
MFR —
$68,998 to $86,497
5.11%to 4.96%
$1.49 to �1.48
.3285 to .3317
.1631 to .1653
.2446 to .2224
1222 to .1520
0621 to .0520
0942 to .0590
Comment
Report #3 OSPI
Updated portable inventory
Updated average of portables
purchased and placed in 2009
No change from the prior year.
Change effective July 2008
Per Puget Sound Educational
Service District (ESD 121)
Market Rate
King County Treasury Division
Updated Housing Inventory
Updated Housing Inventory
33
FEDERAL WAY PUBLIC SCHOOLS
2011
CAPITAL FACILITIES PLAN
BOARD OF EDUCATION
Tony Moore, President
Angela Griffin, Vice President
Ed Barney, Director
Amye Bronson-Doherty, Director
Suzanne Smith, Director
SUPERINTENDENT
Thomas R. Murphy
Prepared by: Sally D. McLean
Tanya Nascimento
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
TABLE OF CONTENTS
SECTION 1
SECTION 2
SECTION 3
SECTION 4
TABLE OF CONTENTS
INTRODUCTION
THE CAPITAL FACILITIES PLAN
Introduction
Inventory of Educational Facilities
Inventory of Non-Instructional Facilities
Needs Forecast - Existing Facilities
Needs Forecast - New Facilities
Six Year Finance Plan
MAPS OF DISTRICT BOUNDARIES
Introduction
Map - Elementary Boundaries
Map - Middle School Boundaries
Map - High School Boundaries
SUPPORT DOCUMENTATION
Introduction
Building Capacities
Portable Locations
Student Forecast
Capacity Summaries
King County Impact Fee Calculations
SUMMARY OF CHANGES FROM THE 2010
PLAN
1
2-3
4
5
6
7
8
9
11
12
13
14
15
16-17
18-19
20-22
23-27
28-30
31-33
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FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
iNTRODUCTION
In response to the requirements of the State of Washington Growth Management Act
(SHB)2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee
Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249
effective December 21, 1995 as amended, City of Kent Ordinance No.3260 effective
March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way
Public Schools has updated its 2011 Capital Facilities Plan as of May 2010.
This Plan is scheduled for adoption by King County, the City of Kent, City of Federal
Way and the City of Auburn and is incorporated in the Comprehensive Plans of each
jurisdiction by reference. This plan is also included in the Facilities Plan element of the
Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not
adopted a school impact fee ordinance. The City of Des Moines collects school impact
fees as part of the SEPA process.
The Growth Management Act requires the County to designate Urban Growth areas
within which urban growth can be encouraged. The Growth Management Planning
Council adopted and recommended to the King County Council four Urban Growth Area
Line Maps with designations for urban centers. A designation was made within the
Federal Way planning area, which encompasses Federal Way Public Schools boundaries.
King County will encourage and actively support the development of Urban Centers to
meet the region's need for housing, jobs, services, culture, and recreation. This Plan's
estimated population growth is prepared with this underlying assumption.
This Capital Facilities Plan will be used as documentation for any jurisdiction, which
requires its use to meet the needs of the Growth Management Act. 'This plan is not
intended to be the sole planning tool for all of the District needs. The District may
prepare interim plans consistent with Board policies or management need.
The District has prepared a multi-phase plan for the renovation and construction of
Federal Way Schools and support buildings. The Board authorized presenting the $149
million bond on May 15, 2007. The bond, passed at 63.93%, will replace four
elementary schools, Lakeland, Panther Lake, Sunnycrest and Valhalla and one middle
school, Lakota.
Plans to replace Federal Way High School and Decatur High School and to increase
capacity by approximately 400 students at each school are planned in later phases.
Federal Way High School was built in 1938. It has been added onto at least 10 times and
currently has an almost maze-like layout. Based on an annual4% increase in
construction cost, the estimated cost to rebuild Federal Way High School is $122 million.
Estimated construction costs will be re-calculated prior to the next bond election. None
of the cost to replace Federal Way or Decatur High School is included in the Impact Fee
calculation in this Plan.
The non-instructional projects included in the plan will consolidate support services
operations at a single location. The current Transportation and Maintenance facility
cannot continue to meet the District needs in the future. Nutrition services and other
administrative functions will also relocate to this centratized location.
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FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
Construction of Panther Lake & Valhalla has been completed and students began the
2009-]0 school year in the new buildings. Lakota Middle School will be completed this
summer and students will begin the upcoming school year in the new school. The
District will be awarding bids for Sunnycrest & Lakeland in May & June and
construction for both sites will begin this summer. During the construction of
Sunnycrest, students will be served at an off-site location.
In Fall 2010, the District will offer the Middle Years IB program at Totem & Kilo. The
Middle Years IB programs will require students to take a foreign language in addition to
the core subjects currently offered at the middle schools. In Fa11201 l, the district will
implement a dual-language program at Sunnycrest. The dual-language program will
offer opportunities for students to engage in bilingual learning. The program will begin
with a K-1 program adding a new grade level each year. Each grade level will require
three classrooms.
The District continues to monitor factors that may have an impact on enrollment and
capacity at our schools. One such factor is HB 2261, which will phase in full-day
kindergarten for all students. The District will follow this bill as it progresses and assess
the possible facility impact this bill may create. Another factor would be the inclusion of
a Program of Early Learning for at risk children within the overall Program of Basic
Education. According to the projections provided by the Puget Sound Educational
Service District, Federal Way was projected to have 1,219 children eligible for Head
Start, Early Head Start and ECEAP in 2009. Funded capacity for these programs is only
321 leaving 898 children unserved. If a bill including Early Learning as a part of the
Program of Basic Education were to pass, there would be a significant impact to the
capacity of our schools. We will also continue to study school boundaries as new
housing and fluctuating populations impact specific schools. Some shifts in boundaries
may be required in the coming years.
3
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
SECTION 1- THE CAPITAL FACILITIES PLAN
The State Growth Management Act requires that several pieces of information be
gathered to determine the facilities available and needed to meet the needs of a growing
community.
This section provides information about current facilities, existing facility needs, and
expected future facility requirements for Federal Way Public Schools. A Financial Plan
that shows expected funding for any new construction, portables and modernization listed
follows this.
4
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
INVENTORY OF EDUCATIONAL FACILITIES
ELEMENTARY SCHOOLS
Adelaide
Brigadoon
Camelot
Enterprise
Green Gables
Lake Dolloff
Lake Grove
Lakeland
Mark Twain
Meredith Hill
Mirror La1ce
Nautilus (K-8)
Olympic View
Panther Lake
Rainier View
Sherwood Forest
Silver Lake
Star Lake
Sunnycrest*
Twin Lakes
Valhalla
Wildwood
Woodmont (K-8)
MIDDLE SCHOOLS
Federal Way Public Academy (6-10)
Illahee
Kilo
Lakota
1635 SW 304` St
3601 SW 336"' St
4041 S 298`� St
35101 5` Ave SW
32607 47`�' Ave SW
4200 S 308` St
303 SW 308"' St
3SH2�I 32 AVe S
2450 S Star Lake Rd
5830 S 3Q0`� St
625 S 314�` St
1000 S 289�' St
2626 SW 327"' St
34424 l Ave S
3015 S 368�' St
34600 12`� Ave SW
1310 SW 325` Pl
4014 S 270�' St
24629 42 Ave S
4400 SW 320` St
27847 42 nd AV0 S
2405 S 300�' St
26454 16�' Ave S
Federal Way
Federal Way
Auburn
Federal Way
Federal Way
Auburn
Federal Way
Auburn
Federal Way
Auburn
Federal Way
Federal Way
Federal Way
Federal Way
Federal Way
Federal Way
Federal Way
Kent
Kent
Federal Way
Auburn
Federal Way
Des Moines
98023
98023
98001
98023
98023
98001
98023
98001
98003
98001
98003
98003
98023
98003
98003
98023
98023
98032
98032
98023
98001
98003
98198
34620 9` Ave S
36001 Is Ave S
4400 S 308�` St
1415 S W 314 St
Federal Way
Federal Way
Auburn
Federal Way
Sacajawea 1101 S Dash Pomt Rd Federal Way
Saghalie 33914 19"' Ave SW Federal Way
Sequoyah 3450 S 360` ST Auburn
Totem 26630 40 Ave S Kent
TAF Academy (6-12) 26630 40�' Ave S Kent
HIGH SCHOOLS
Decatur 2800 SW 320"` St Federal Way
Federal Way 30611 16�` Ave S Federal Way
Thomas Jefferson 4248 S 288�' St Auburn
Todd Beamer 35999 16`�' Ave S Federal Way
Career Academy at Truman 31455 28�` Ave S Federal Way
ALTERNATIVE SCHOOLS
Merit School 36001 l Ave S Federal Way
Internet Academy 31455 28�' Ave S Federal Way
Employment Transition Program 33250 21 Ave SW Federal Way
•During the construction ofthe new school, Sunnycrest will be relocated to 440 S 186�' St, Burien 98148
98003
98003
98001
98023
98003
98023
98001
98032
98032
98023
98003
98001
98003
98003
98003
98003
98023
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FEDERAL WAY PUBLIG SCHOOLS 2011 CAPITAL FACILITIES PLAN
CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES
Developed Property
Administrative Building
MOT Site
Central Kitchen
Federal Way Memorial Field
Northwest Center
Leased Space
31405 18 Ave S
1066 S 320�' St
1344 S 308 St
1300 S 308 St
33330 8�' Ave S
1813 S Commons
32020 1 St Ave S
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
Federal Way 98003
Community Resource Center
Student Support Annex
Notes:
In July 2011, the Administrative Building, Community Resource Center, and Student
Support Annex will be relocated to the Northwest Center. The leases for the Community
Resource Center and the Student Support Annex will end in August 2011. In 2010,
construction will begin on Site 81. The MOT Site & Central Kitchen will be relocated to
this site when construction is complete. The Administration Building and MOT Site have
been surplussed and will be marketed for sale.
Undeveloned Propertv
Site
#
Location
75 SW 360th Street & 3rd Avenue SW — 9.2 Acres
65 S 351st Street & 52nd Avenue S— 8.8 Acres
60 E of lOth Avenue SW - SW 334th & SW 335 Streets - 10.04 Acres
73 N of SW 320�' and east of 45 PL SW — 23.45 Acres
7l S 344th Street & 46th Avenue S- 17.47 Acres
82 l Way S and S 342 St — Minimal acreage
96 S 308�' St and 14�' Ave S—.36 Acres
81 S 332" St and 9 Ave S— 20 Acres
Notes:
Not all undeveloped properties are large enough to meet school construction
requirements. Properties may be traded or sold depending on what locations are needed
to house students in the District.
�
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
NEEDS FORECAST - EXISTING FACILITIES
EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF
FUNDS
Purchase and Relocate Interim Capacity Anticipated source of funds is
Portables Im act Fees.
Elementary Schools: Replace Existing Buildings Voter approved bonds.
Lakeland, Panther Lake, Increase capacity at Lakeland,
Sunnycrest and Valhalla Panther Lake, Sunnycrest and
Valhalla b a total of 200 seats
Lakota Middle School Re lace Existin Buildin Voter a roved bonds
Federal Way High School Replace Existing Building, Future bond authorization
Increase Ca aci
Decatur High School Replace Existing Building, Future bond authorization.
Increase Ca aci
The District is also planning the replacement of some non-instructional facilities. The
District has purchased 20 acres (Site #81) for construction of consolidated facilities for
support services functions. Transportation, Nutrition Services, Maintenance and other
non-instructional functions will be housed at this centralized location.
As part of the multi-phase plan, the District intends to increase capacity for high school
students with expansion at the Decatur High School site. Increased capacity at Federal
Way High and at Decatur High in later phases supplant the need for construction of a
fifth comprehensive high school.
7
FEDERAL WAY PUBLIC SCHOOLS 2Q11 CAPITAL FACILITIES PLAN
NEEDS FORECAST - ADDITIONAL FACILITIES
NEW FACILITY LOCATION ANTICIPATED SOURCE
OF FUNDS
No current plans for additional facilities.
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
Six Year Finance Plan
Secured Funding
Projected Revenue
Actual and Planned Expenditures
available for use tiy the DisVict for system improvements. This is yeaz end balance on 12/31/09.
Sources
Im act Fees (1) $223,916
Land Sale Funds (2) $1,498,977
Bond Funds 3 $42,102,751
State Match 4) ($910,840)
TOTAL $42,914,804
Sources
State Match 5) $20,000,000
Bond or L.e Funds (6) $22,000,000
Land Fund Sales 7) $10,000,000
Im act Fees (8) $1,800,000
TOTAL $53,800,000
Total Secured Funding and Projected Revenue 596,714,804
2. These funds come from various sales of land and are set aside for estimated expenditures. This is yeaz end balance on 12/31/09.
3. This is [he 12/31/09 balance of bond funds. This figure includes interest eamings.
4. In anticipation of State Match Funds for Valhalla, Panther Lake, Lakeland, and Sunncrest Elementaries and Lakota Middle School, work on specific building upgrades is occuning.
This is the balvice on 12/31/09.
5. This is anticipated State Match for projects attached to future bond issues. This is based on July l, 2006 Stake Ma[ch indices. S[ate Match funds aze being used for high priority repairs, upgrades
and system improvemen[s to existing buildings. These improvements include HVAC, and other struc[ural improvements are not related [o capaciry increase.
6. These aze anticipated bond funds. Voters have approved a bond for $149m, $45m of this bond is for non school consiruction. As of 12/31/09, $127m has been sold.
7. Projected sale of surptus properties. These funds will be used to retire debt inwrred for the acquisition of a replacement Educational Support Center.
8. These are projected fees based upon known �esidential developments in the District over the next six years. This figure assiuues $25,000 per month for the next six years.
This figure has been adjusted to reflect the current economy.
9. These fees represent the cost of purchasing and installing new portables. The portable expenditure in future years may replace existing portables that are not functional.
These may uot increase capaciry and are not included in the capacity summary.
NOTES: '
1. These fees are currently being held in a King County, Ciry of Federal Way and Ciry of Kent impact fee account, and will be
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
SECTION 2- MAPS OF DISTRICT BOUNDARIES
Federal Way Public Schools has twenty-one elementary schools (grades K-5), two
schools with a K-8 grade configuration, seven middle school schools (grades 6-8), four
high schools (grades 9-12) and three small secondary schools. The Federal Way Public
Academy serves students in grades 6-10. The TAF Academy serves students in grades 6-
12 who reside in the Totem Middle School service area. The Career Academy at Truman
High School serves students in grades 9-12. The Internet Academy serves grades K-12.
The fallowing maps show the service area boundaries for each school, by school type.
(Career Academy at Truman High School, Merit School, Internet Academy and Federal
Way Public Academy serve students from throughout the District). The identified
boundaries are reviewed annually. Any change in grade configuration or adoption of
programs that affect school populations may necessitate a change in school service areas.
The Growth Management Act requires that a jurisdiction evaluate if the public facility
infrastructure is in place to handle new housing developments. In the case of most public
facilities, new development has its major impact on the facilities immediately adjacent to
that development. School Districts are different. If the District does not have permanent
facilities available, interim measures must be taken until new facilities can be built or
until boundaries can be adjusted to match the population changes to the surrounding
facilities.
Adjusting boundaries requires careful consideration by the District and is not taken
lightly. It is recognized that there is a potential impact on students who are required to
change schools. Boundary adjustments impact the whole district, not just one school.
It is important to realize that a single housing development does not require the
construction of a complete school facility. School districts are required to project growth
throughout the district and build or adjust boundaries based on growth throughout the
district, not just around a single development.
11
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
12
ELEMENTARY SCHQQL BGIUNDARIES
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
13
MIDDLE SCHO�QL BQUNDARIES
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
14
HIGH SCH�QL B�UNDARIES
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
SECTION 3 - SUPPORT DOCUMENTATION
Building Capacities - The Education Program
Portable Locations
Student Forecast — 2011 through 2017
Capacity Summaries
King County Impact Fees - Single and Multi-Family Units
15
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
Building Capacities
This Capital Facilities Plan establishes the District's "standard of service" in order to
ascertain the District's current and future capacity. The Superintendent of Public
Instruction establishes square footage guidelines for capacity, but these guidelines do not
take into consideration the education program needs.
In general, the District's current target class size provides that the average class size for a
standard classroom for grades K through 2 should be 20 students. In grades 3-5 the target
is 25 students. For grades 6 to 12 the target class size is 26 students. Classrooms for
students with Individualized Education Program (Special Education) needs are calculated
at 12 seats per classroom.
Using the OSPI square footage calculation as a base line, the District has calculated a
program capacity for all schools. A recent Study & Survey was the basis for changes to
the OSPI building report. The following list clarifies the adjustments to the OSPI
calculation.
Music Rooms:
Each elementary school requires a standard classroom for music instruction.
All Day Kindergarten:
Every elementary school operates at least one all day Kindergarten program. These all
day Kindergarten program require additional capacity because the standard classroom is
available for one all day session rather than two half day sessions. The District will
operate 52 sections of all day Kindergarten in 2010/1 l.
Special Education Resource Rooms:
Each elementary and middle school requires the use of a standard classroom(s) for
special education students requiring instruction to address specific disabilities.
English as a Second Language Programs:
Each elementary, middle school and high school requires the use of a standard classroom
for students learning English as a second language.
Middle School Computer Labs:
Each middle school has computer labs.
High School Career Development and Learning Center (Resource) Room:
Each high school provides special education resource room and career development
classrooms for students requiring instruction to address specific disabilities.
16
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES P LAN
BUILDING PROGRAM CAPACITIES
*Middle School Avera e 737 744
Elementa Avera e 373
*Hi h School Avera e 1 310 1 401
Notes:
* Federal Way Public Academy, Career Academy at Truman High School, and Employment Transition Program
are non-boundary schools. These schools are not used in the calculated averages.
** Technology Access Foundation Academy is housed entirely in portables
on the Totem Middle School site.
17
MIDDLE SCHOOL BUILDING
PROGRAM CAPACITY
ELEMENTARY BUILDING
PROGRAM CAPACITY
HIGH SCHOOL BUILDING
PROGRAM CAPACITY
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
Portable Locations
The Washington State Constitution requires the State to provide each student a basic
education. It is not an efficient use of District resources to build a school with a capacity
for 500 students due to lack of space for 25 students when enrollment fluctuates
throughout the year and from year to year.
Portables are used as temporary facilities or interim measures to house students when
increasing population impacts a school attendance area. Portables may also be required
to house students when new or changing programs require additional capacity. They also
provide temporary housing for students until permanent facilities can be financed and
constructed. When permanent facilities become available, the portable(s) is either used
for other purposes such as storage or child care programs, or moved to another school for
an interim classroom. Some portables may not be fit to move due to age or physical
condition. In these cases, the District may choose to buy new portables and surplus these
unfit portables. It is the practice and philosophy of Federal Way Public Schools that
portables are not acceptable as permanent facilities.
The following page provides a list of the location of the portable facilities, used for
temporary educational facilities by Federal Way Public Schools.
18
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLA
PORTABLE LOCATIONS
PORTABLESLOCATED
AT HIGH SCHOOLS
NON
INSTRUC7tOl`1AL INSCRUCTIONAL
•al Wa 2
ias Jefferson 10
Beamer 9
Academy 8
AL 38
PORTABLESLOCATED
AT SUPPORT FACILITIES
MOT 1
TDC 5
TOTAL 6
HEAD START PORTABLES AT DISTRICT SITES
Sherwood Farest 1
Total 1
19
PORTABLES LOCATED
AT ELEMENTARY SCHOOLS
PORTABLESLOCATED
AT MIDDLE SCHOOLS
FEDERAL WAY PUBLIC SCHOOLS 20I 1 CAPITAL FACILITIES PLAN
Student Forecast
Student enrollment projections are a basic component of budget development.
Enrollment projections influence many of the financial estimates that go into budget
preparation. The majority of staffing requirements are derived directly from the
forecasted number of students. Allocations for instructional supplies and materials are
also made on the basis of projected enrollment. Other expenditures and certain revenue
projections are directly related to enrollment projections.
Enrollment projections are completed annually in the Business Services Department.
Projections must be detailed at various levels, district total, school-building totals, grade
level and program level to include vocational and special education students.
The basis of projections has been cohort survival analysis. Cohort survival is the analysis
of a group that has a common statistical value (grade level) as it progresses through time.
In a stable population the cohort would be 1.00 for all grades. This analysis uses
historical information to develop averages and project the averages forward. This
method does not trace individual students; it is concerned with aggregate numbers in each
grade level. The district has used this method with varying years of history and weighted
factors to study several projections. Because transfers in and out of the school system are
common, student migration is factored into the analysis as it increases or decreases
survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The
district collects information on birth rates within the district's census tracts, and treats
these statistics as a cohort for kindergarten enrollment in the appropriate years.
The Federal Way School District is using various statistical methods for projecting
student enrollments. The resultant forecasted enrollments are evaluated below.
The first method is a statistical cohort analysis that produces ten distinct forecasts. These
are forecast of enrollment for one year. The projections vary depending on the number of
years of historical information and how they are weighted.
A second method is a projection using an enrollment projection software package that
allows the user to project independently at school or grade level and to aggregate these
projections for the district level. The Enrollment Master software provides statistical
methods including trend line, standard grade progression (cohort) and combinations of
these methods. This software produces a five-year projection of school enrollment.
In December 2006, the District contracted a demographer to develop projections for the
Federal Way School District. The report was complete in January 2007. The model used
to forecast next year's enrollment uses cohort survival rates to measure grade to grade
growth, assumes market share losses to private schools (consistent with county-wide
average), assumes growth from new housing or losses due to net losses from migration.
This forecast was provided as a range of three projections. T'he long-range forecast
provided with this report used a model with cohort survival rates and growth rates based
on projected changes in the 5-19 age group for King County. Most of the methods used
for long range enrollment reporting assume that enrollment is a constant percent of
20
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLA
something else (e.g. population) or that enrollment will mirror some projected trend for
the school-age population over time. The report included 5 different calculations to
provide a range of possible projections for the District to the year 2017. This model
produces a projection that is between 23,000 and 24,000 when applied to the low,
medium and high range modes. This provides a reasonable range for long-range planning
and is consistent with estimates from various models.
Long-range projections that establish the need for facilities are a modification of the
cohort survival method. The cohort method of analysis becomes less reliable the farther
out the projections are made. The Federal Way School District long-range projections
are studied annually. The study includes information from the jurisdictional
demographers as they project future housing and population in the region. The long-range
projections used by Federal Way Public Schools reflect a similar age trend in student
populations as the projections published by the Office of Financial Management for the
State of Washington.
Near term projections assume some growth from new housing, which is offset by current
local economic conditions. Current economic conditions do appear to be affecting
enrollment. T'his is reflected in the District's projections. The District tracks new
development from five permitting jurisdictions. Long range planning assumes a student
yield from proposed new housing consistent with historical growth patterns.
Growth Management requires jurisdictions to plan for a minimum of twenty years. The
Federal Way School District is a partner in this planning with the various jurisdictions
comprising the school district geography. These projections create a vision of the school
district community in the future.
21
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
Full Time Equivalent Enrollment History and Projections
Simplified FTE (K Headcount =.5 FTE; Middle School FTE=.99 Headcount; High School FT'E _.935Headcount)
Total K -12 Per
Calendar Yr School Yea � Elementary Middie School Senior High FTE Chi
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2004-OS
2005-06
2006-07
2007-08
2008-09
2009-10
BZOl D-ll
P2071-12
P2012-13
P2013-14
P2014-1 S
P2015-16
P2016-17
* New Confi2u�
9,164 5,473 6,515
9,105 5,309 6,770
9,022 5,261 6,754
8,912 5,167 6,637
8,865 5,155 6,456
8,738 5,119 6,594
8.786 5,105 6, 644
8,841 5,070 6,592
8,932 5,022 6,552
', 9,036 4,997 6,562
�
� 9,121 5,040 6,526
9,197 5,115 6,481
9,302 5,160 6,446
Elementary K-S Middle Schoo! 6-8 High Schoo! 9-12
21,152
21,184 0.2%
21,037 -0.7%
20,716 -1.5%
20,476 -1.2%
20,451 -0.1%
20,535 0.4%
20,503 -0.2%
20,506 0.0%
20,595 0.4%
20,687 0.4%
20,793 0.5%
20,908 0.6%
Enrollment History and Six Year Forecast
22,000
21,000
20,000
«
c
�
0
-"a 19,000
R
01
S
a 18,000
0
u
O
17,000
16,000
15,000
��° �� ��
o o o�
O FTE
22
���> ���� ���,9 � � ��� ��� a �� ��� ���
O � C� u� Y lSS 6�
�d' �'9 �O � c� �u� �n �cs �6' �>
SchoolYear
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
Capacity Summaries
All Grades, Elementary, Middle School, and High Schools
The Capacity Summaries combine Building Capacity information and the Student
Forecast information. The result demonstrates the requirements for new or remodeled
facilities and why there is a need for the District to use temporary facilities or interim
measures.
The information is organized in spreadsheet format, with a page summarizing the entire
District, and then evaluating capacity vs. number of students at elementary, middle
school, and high school levels individually.
The notes at the bottom of each spreadsheet provide information about what facilities are
in place each year.
23
FEDERAL WAY PUBLIC SCHOOLS 20ll CAPITAL FACILITIES PLAN
CAPACITY SUMMARY - ALL GRADES
CAPACITY �Sc}
BUILDING PROGRAM
HEADCOUNT CAPACITY
�'T� CAPACITY '
Add or subtract changes to capacity
Increase Capacity - Lakeland and Sunnycrest
Adjusted Program Headcount
Acl�ust� P�rvg�'a�► �'E Capae
ENROLLMENT
Basic FTE Enrollment
Internet Academy Enrollment
E��s�e;F`FE Eri�'c�tlment withou
SURPLUS OR (U:
RELOCATABLE CAPACITY
Current Portable Capacity
Deduct Portable Capacity
Add New Portable Capacity
tsuage[ - - riv�cc�cu - -
�r Year 2011 2012 2013 2014 2015 2016 2017
Year 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17
19,466 19,466 19,566 19,566 19, 566 19,566 19,566
100
19,466 19,566 19,566 19,566 19,566 19,566 19,566
2,300 2,300 2,275 2,275 2,275 2,275 2,275
� ��
50
24
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY - ELEMENTARY SCHOOLS
tivaget - - riv�cc�cu - -
Calendar Year 2011 2012 2013 2014 2015 2016 2017
CAPACITY School Year 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17
BUILDING PROGRAM
HEAD COLTNT CAPACITY 8,575 8,575 8,675 8,675 8,675 8,675 8,675
1. Increase Capacity Lakeland
and Sunnycrest
Adiusted Proeram Headcount
ENROLLMENT
, Basic FTE Enrollment
I 2. Internet Academv (AA
SURPLUS OR
RELOCATABLE CAPACITY 3.
Current Portable Capacity
Subtract oortables from Lakeland &
SURPLUS OR (UNHOUSED)
PROGRAM AND RELOCATABLE
1Q0 ` ,
8,575 8,675 8,675 8,675 8,675 8,675 8,675
8,786 8,841 8,932 9,036 9,121 9,197 9,302
(36) (36) (36) (36) (36) (36) (36)
775 725 700 I 700 ( 700 � 700 � 700
rsn� r�s�
NOTES:
1. Increase Capacity at Lakeland, and Sunnycrest
2. Internet Academy students are included in projections but do not require full time use of school facilities.
3. Relocatable Capacity is based on the number of portables available and other administrative techniques which
can be used to temporarily house students until permanent facilities are available. This is a calculated number only.
The actual number of portables that will be used will be based on actual student population needs.
The District may begin to pull portables from the instructional inventory. Age and condition of the portables
will determine feasibility for continued instructional use.
25
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY - MIDDLE SCHOOLS
Budget - - Proj ected - -
Calendar Year 2011 2012 2013 2014 2015 2016 2017
CAPACITY School Year 2010/12 2011/12 2012/13 2013/14 2014/15 2015/16 2015/lE
BUILDING PROGRAM
HEADCOLJNT CAPACITY 5,365 5,365 5,365 5,365 5,365 5,365 5,365
Add or subtract changes in capacity
Adiusted Proeram Headcount Canacitv 5,365 5,365 5,365 5,365 5,365 5,365 5,365
I�`►i7�] 1111►51 �1►Y 1
SURPLUS OR
NOTES:
i. Internet Academy students are included in projections but do not require full time use of school facilities.
2. Relocatable Capacity is based on the number of portables available and other administrative techniques which
can be used to temporarily house students until permanent facilities are available. This is a calculated number only.
The actual number of portables that will be used will be based on actual student population needs.
The District may begin to pull portables from the instructional inventory. Age and condition of the portables
will determine feasibility for continued instructional use.
�.^
RELOCATABLE CAPACITY 2.
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
tsuaget - - rru�ccwu - -
Calendar Year 2011 2012 2013 2014 2015 2016 2017
CAPACITY School Year 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/l7
BUILDING PROGRAM
HEADCOiJNT CAPACITY 5,526 5,526 5,526 5,526 5,526 5,526 5,526
Add or subtract changes in capacity
Adjusted Pro�ram Headcount Capacity 5,526 5,526 5,526 5,526 5,526 5,526 5,526
ENROLLMENT
SURPLUS OR
NOTES:
1. Internet Academy students are included in projections but do not require full time use of school facilities.
2. Relocatable Capacity is based on the number of portables available and other administrative techniques which
can be used to temporarily house students until permanent facilities are available. This is a calculated number only.
The actual number of portables that will be used will be based on actual student population needs.
The District may begin to pull portables from the instructional inventory. Age and condition of the portables
will determine feasibility for continued instructional use.
3. Capacity for unhoused students will be accommodated with traveling teachers and
no planning time in some classrooms.
27
RELOCATABLE CAPACITY 2.
FEDERAL WAY PUBLIC SCHOOLS 20I 1 CAPITAL FACILITIES PLAN
Kin Countv the City of Federal Wav and the City of Kent Impact Fee Calculations
Single and Multi-Family Residences
Each jurisdiction that imposes school impact fees requires that developers pay these fees
to help cover a share of the impact of new housing developments on school facilities.
To determine an equitable fee throughout unincorporated King County, a formula was
established. This formula can be found in King County Code 21A and was substantially
adopted by the City of Federal Way and Kent. The formula requires the District to
establish a"Student Generation Factor" which estimates how many students will be
added to a school district by each new single or multi-family unit and to gather some
standard construction costs, which are unique to that district.
- STUDENT GENERATION FACTOR ANALYSIS
Federal Way Public Schools student generation factor was determined separately for
single-family units and multi-family units. The factors used in the 2011 Capital Facilities
Plan were derived using actual generation factors from single-family units that were
constructed in the last five (5) years.
- IMPACT FEE CALCULATION
Following the calculations for the student generation factor is a copy of the Impact Fee
Calculation for single family and multi-family units based on King County Code 21A and
the Growth Management Act.
➢ Temporary Facility Cost is the average cost of a portable purchased within the last 12
months.
Plan Year 2011 Plan Year 2010
Single Family Units I $4,014
Multi-Family Units $2,172
$3, 832
$2,114
�3
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
STUDENT GENERATION
NEW CONSTRUCTION IN PRIOR 5 YEARS
Single Family Student Generation
Number of Number of Number of Number of Number of Elementary Middle School High School Total
Single Family Multi-Family Elementary Middle School High School Student Student Student Student
DEVELOPMENT Dwellin s Dwellin s Students Students Students Factor Factor Factor Factor
(10) Creekside Lane 17 0 6 2 3 0.3529 0.1176 0.1765 0.6470
(10) Grande Vsta 28 0 10 8 6 0.3571 0.2857 0.2143 0.8571
(09) Lakota Crest 42 0 9 8 6 0.2143 0.1905 0.1429 0.5477
(09) Tuscan 22 0 20 6 4 0.9091 0.2727 0.1818 1.3636
08) Northlake Rid e IV 90 0 30 12 20 0.3333 0.1333 0.2222 0.6888
(08) Collin tree Park 42 0 16 4 6 0.3810 0.0952 0.1429 0.6191
(07) Colella Estates 84 0 40 11 25 0.4762 0.1310 0.2976 0.9048
(07) Woodbrook 172 0 38 27 42 0.2209 0.1570 0.2442 0.6221
(O6) Devonshire 29 0 11 10 13 0.3793 0.3448 0.4483 1.1724
(O6) Orchid Lane 50 0 22 10 11 0.4400 0.2000 0.2200 0.8600
Total 576 0 202 98 136
Student Generation* 0.3507 0.1701 0.2361 0.7569`
* Student Generation rate is based on totals.
29
Multi-Family Student Generation
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
IMPACT FEE
School Site Acquisition Cost:
Facility
Elementary
Middle School
High School
School Construction Cost:
% Perm Fac./
Total S Ft
Elementary .,_..___...__.,._95.2`
Middle School
._._._._._ .................____
High School
Temporary Facility Cost:
% Temp Fac
Total S Ft
Elementary
Middle School � � 1.9
High School ..M
State Matching Credit Catculation:
Area Cost
Allowance/S Ft
Elementary w $180.17
Middle School $180.17
..�_...___......._..._........�..,_.....�...
High School $180.17
Tax Payment Credit Calculation
Average Assessed Value (March 2010)
Capital Bond Interest Rate (March 2010)
Net Present Value of Average Dwelling
Years Amortized
Property Taac Levy Rate
Present Value of Revenue Stream
Cost /
Acre
Facility
Cost
$9,100,C
Facility
Cost
$183,5
Sq. Ft.
Student
90
Facility
Facility
�apacity
200
Facility
Size
�
State
Match
61.86%
Student Student
Factor Factor
SFR MFR
03507 0.1650
0.1701 0.0530
0.2361 0.0640
TOTAL
Student Student
Factor Factor
SFR MFR
0.3507 0.1650
_ _...., _, _......... _..... _. .... _. _.. _... _. _. _ _.. _. _ �.,.. _
� 0.1701 0.0530
� 0.2361 � �0.0640
TOTAL
Student Student
Factor Factor
SFR MFR
0.3507 0.1650
...._....._ .................._ _.°____..._...._._....._........
0.1701 0.0530
__._......__.._.._. _._._�..__.._........._._..._
0.2361 0.0640
TOTAL
Student Student
Factor Factor
SFR MFR
._�_.__ --.._._.......__
0.1701 0.0530
............._...................... _......_...�_.._._...__....._......
0.2361 0.0640
Total
Single Family Multi-Family
Residences Residences
Mitigation Fee Summary
Site Acquisition Cost $ - $ -
Permanent Facility Cost $ 15,199 $ 7,151
Temporary Facility Cost $ 25 $ 8
State Match Credit $ (3,518) $ (1,655)
Tax Payment Credit $ (3,678) $ (1,160)
Sub-Total $ 8,028 $ 4,343
50%Local Share $ 4,014 $ 2,172
Im act Fee $ 4,014 $ 2,172
30
Cost/
SFR
$0
$0
$0
$0
Cost/
MFR
$0
$0
$0
CosU Cosd
SFR MFR
$15,199 $7,151
$0 $0
$0 $0
$15,199 $7,151
CosU Cosd
SFR MFR
$25 $8
$25 $8
Cost/ Costl
SFR MFR
$3,518 $1,655
$0 $0
$0 $0
$3,518 $1,655
SFR MFR
FEDERAL WAY PUBLIC SCHOOLS 201 I CAPITAL FACILITIES PLAN
SECTION 4
SUMMARY OF CHANGES FROM THE 2010 CAPITAL FACILITIES PLAN
The 2011 Capital Facilities Plan is an updated document, based on the 2010 Capital
Facilities Plan. The changes between the 2010 Plan and the 2011 Plan are listed below.
SECTION I- THE CAPITAL FACILITIES PLAN
SIX-YEAR FINANCE PLAN
The Six Year Finance Plan has been rolled forward to reflect 2011/2017
SECTION III - SUPPORT DOCUMENTATION
CAPACITY
Elementary capacity includes space for All Day Kindergarten programs at every
elementary school. Changes to the Building Program Capacities calculation are found on
page 17.
PORTABLES
The list of portables reflects the movement of portables between facilities or new
portables purchased. Portable Locations can be found on page 19.
STUDENT FORECAST
The Student Forecast now covers 2011 through 2017 Enrollment history and projections
are found on page 22.
CAPACITY SUMMARY
The changes in the Capacity Summary are a reflection of the changes in the capacities
and student forecast. New schools and increased capacity at current buildings are shown
as increases to capacity. Capacity Summaries are found on pages 24-27.
IMPACT FEE CALCULATION - KING COUNTY CODE 21A
The Impact Fee Calculations have changed due to changes in several factors. The
adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee
between the 2010 Capital Facilities Plan and the 2011 Capital Facilities Plan can be
found on page 32 and 33.
31
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
IMPACT FEE CALCULATION CHANGES FROM 2010 TO 2011
STUDENT GENERATION FACTORS
Student Generation factors are based on rates for new developments constructed over a
period of not more than five years prior to the date of the fee calculation. The changes in
student Generation factors between the 2010 Capital Facilities Plan and the 2011 Capital
Facilities Plan are due to developments that were deleted or added based upon the age of
the developments and the year placed in the survey. The Student Generation worksheet
is found on page 29.
SCHOOL CONSTRUCTION COSTS
The anticipated cost for replacing Lakeland, Panther Lake, Sunnycrest and Valhadla is
$70, 000, D00. The replacement will add SO new seats to the school capacity at each
building. The total capacity at these four elementary schools is currently I505. Adding
200 additional seats will increase the capacity by 13%.
Total Cost .13 X $70,000,000 = $9,100,000
The District will use the above formula created as a base from the 2008 Capital Facilities
Plan for the 2011 Capital Facilities Plan. The capacity of the four elementary schools
may vary from year to year as programs are added or changed and construction cost may
increase over time. For instance, for each new all day Kindergarten program, the
building capacity will effectively be reduced by 20 headcount and the Board authorized
an increase in construction cost of $lm for Valhalla. These changes would increase the
construction cost. The District is using the base formula established in the 2008 plan in
the Impact Fee calculation.
32
FEDERAL WAY PUBLIC SCHOOLS 2011 CAPITAL FACILITIES PLAN
IMPACT FEE CALCULATION CHANGES FROM 2010 TO 2011
IMPACT FEE
Item Frorn/To
Percent of Permanent Facilities 95.62% to 95.71%
Percent Temporary Facilities
Average Cost of Portable
Classroom
438% to 4.29%
$193,607 to $183,996
Area Cost Allowance
State Match
Average Assessed Value
Capital Bond Interest Rate
Property Tax Levy Rate
Single Family Student Yield
Elementary
Middle School
High School
Multi-Family Student Yield
Elementary
Middle School
High School
Comment
Report #3 OSPI
Updated portable inventory
Updated average of portables
purchased and placed in 2009
Change effective July 1, 2010
$168.79 to $180.17
61.09% to 61.86%
SFR —
$326,409 to $267,668
MFR —
$86,497 to $84,429
4.96% to 4.33%
Change effective July 2009
Per Puget Sound Educational
Service District (ESD 121)
Market Rate
$1.48 to $1.72
3317 to .3507
.1653 to .1701
.2224 to .2361
.1520 to .165
.0520 to .053
.0590 to .064
King County Treasury Division
Updated Housing Inventory
Updated Housing Inventory
33
COUNCIL MEETING DATE: November 16, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
ITEM #:
AGENDA BILL
SUB,TECT: Department of Ecology Freshwater Algae Control Program Grant Opportunity — FY 2011-2012
POLICY QUESTION Should the Council authorize staff to submit a grant proposal for the Freshwater Algae Control
Program Grant to fund the development and implement an Algae Control Program for public and private lakes within
the City of Federal Way.
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent
Council Business
❑ Ordinance
❑ Resolution
MEETING DATE: November 1, 2010
❑ Public Hearing
❑ Other
STAFF REPORT BY: William A leton, P.E., Surface Water Manager �__ DEPT: Public Works
_ ........................_......._ _....... .................._... _.. PP..... ....................._.................................................. ..................... ..... .....................� . ..... _...._......................_._.............__.._...---..._.........._..._ ......_..----............_............_..__._.....
Attachments: Memorandum to Land Use and Transportation Committee dated November l, 2010.
Options Considered:
1. Authorize staff to submit a grant proposal for the Freshwater Algae Control Program Grant to fund the
development and implement an Algae Control Program for lakes within the City of Federal Way.
2. Do not authorize staff to pursue the Algae Control Program Grant.
STAFF RECOMMENDATION: Forward Option 1 to the November 16 2010 City Council Consent Agenda for
approval.
CITY MANAGER APPROVAL: Q, u•Iw+ ����� W�I"'�j �'� V DIRECTOR APPROVAL: �
Committee Council C omatittee Co� un�
COMMITTEE RECOMMENDATION The Committee recommends forwarding Option 1 to the November 16 2010
City Council Consent Agenda for approval. �� _
Dini Duclos, Chair
Member
PROPOSED COUNCIL MOTION "I m ve o authorize staff to submit a gra�proposal for the Freshwater
Algae Control Program Grant to fund e development and implement an Algae Control Program for public
and private lakes within the City of Federal Way "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED i� reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 02/06/2006 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 1, 2010
TO: Land Use and Transportation Committee
VIA: Brian Wilson, City Manager/ Police Chief
FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management �
' William Appleton, P.E., Surface Water Manager��
SUBJECT: Freshwater Algae Control Program Grant
BACKGROUND•
In recent years, improved algae education and early detection efforts developed by the Washington
Department of Ecology (Ecology) and the Washington Department of Health (WADOH) have been
successful in increasing public awareness and safety with respect to freshwater algae blooms. The
City of Federal Way has disseminated this new educational information, and implemented the
published health-based management guidelines. However, we are seeing an increase in lake algae
bloom-related reports (by both City Parks Department personnel and the community at-large).
Federal Way lakes are located in highly urbanized settings, are sensitive to excessive nutrient
loadings and temperature and are shallow. These conditions favor algal bloom formation.
The SWM Division is proposing to implement a Federal Way Lake Algae Program that will focus on
both public and private lakes comprising a total surface area of 153 acres. Lakes targeted for this
could include: Steel Lake, North Lake, Twin Lakes (Lake Lorene and Lake Jeane), Mirror Lake,
Fisher's Bog, Easter Lake, French Lake, and Brooklake. Performing any activities on these or other
water bodies in Federal Way will be dependent upon the need to address algae related water quality
issues. Both public and private lakes will be included in order to provide a comprehensive program
capable of assessing the overall health of our City's natural conveyance system. T'he following
specific algal bloom management elements will be included in the project: response to reports, early
detection investigations, water quality sampling, sample delivery/analyses, public notification, data
collecting and reporting, and community outreach.
The Federal Way Lake Algae Project will identify problematic conditions occurring in City of
Federal Way freshwater lakes that contribute to algal bloom formation. Most importantly, it will
reduce public health threats and assist in the development of long-term nutrient reduction solutions.
Additionally, the project will complement the following on-going surface water quality programs
and public outreach efforts: the Steel Lake Management District, the North Lake Management
District, the Dumas Bay Saltwater Algae Management/Research grant, and the Municipal Phase II
Stormwater Permit.
Staff is requesting authorization to apply for funding for this project through a DOE grant
opportunity for Freshwater Algae Control Programs. T'he subject grant requires a 25% match, which
will be obtained from unallocated SWM funds. The total amount being proposed for this program is
$44,690.00, of which $11,172.50 would be SWM matching funds.
COUNCIL MEETING DATE: November 16, 2010
CITY COUNCIL
AGENDA BILL
ITEM #:��
SuB.�cT: South 320` Street at I-5 Southbound Off Ramp — 85% Design Status Report
POLICY QUESTION Should the Council authorize staff to proceed with design of the South 320` Street at I-5
Southbound Off Ramp Project and return to the LUTC and Council at the 100% design completion for further
reports and authorization?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
STAFF REPORT BY: Brian
CITY OF FEDERAL WAY
❑ Ordinance
❑ Resolution
P. E.. Street Svsterr
MEETING DATE: November 1, 2010
❑ Public Hearing
Other
DEPT Public Works
Attachments: Land Use and Transportation Committee memorandum dated November 1, 2010.
O tions Considered:
_....P........._._.......__..._ .................................................._............_......_...................................._........_._......................._._._..._.... ..._............ .. .............................._.............. . .................... __................__......___..._..._................._........................._............._......._......_....__....._.................__.__...._.._......_..
1. Authorize staff to proceed with the design of the South 320`� Street at I-5 Southbound Off Ramp Project
and return to the LUTC and Council at the 100% design completion stage for further reports and
authorization.
2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to
staff.
STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the November 16, 2010 City Council
Consent Agenda for approval.
CITY MANAGER APPROVAL: /�•�� h J � �� �� �'�I� DIRECTOR APPROVAL: �'�^ \
Committee Council Committee Council
COMMITTEE RECOMMENDATION Forward Option 1 to the November 16, 2010 City Council Consent Agenda for
approval. �� /,
Dini Duclos. Chair
PROPOSED COUNCIL MOTION: "1 mc
I-S Southbound Off Ramp Project and
further reports and authorization. "
F
r
authorize staff to proceed with the design of the South 320` Street at
z to the LUTC and Council at the 100% design completion stage for
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 1, 2010
TO: Land Use and Transportation Committee
VIA: Brian Wilson, City Manager/Police Chief
FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management �
' Brian Roberts, P. E., Street Systems Project Engineer�
SUBJECT: South 320`�' Street at I-5 Southbound Off Ramp — 85% Design Status Report
BACKGROUND
This project consists of widening the southbound off ramp from the present 3 lanes to 5 lanes. The
updated ramp will have dual left turn lanes and three right turn lanes. The lane configuration on South
320`� St will not be modified. Other modifications include relocated curb, gutter and sidewalk at the
northwest quadrant of the intersection, shifting the South 320` Street median island and signal pole
westward, constructing a retaining wall along the west side of the widened ramp, and modifications to the
existing drainage and detention pond. Illumination will be upgraded along the length of the widened
ramp.
The following provides a brief synopsis of the progress on this project to date. Currently, the project
design is approximately 85% complete, which includes the following completed tasks:
• The Topographical Surveys
• The Geotechnical Investigation
• Channelization Plans
• Final Paving Design
• Final Drainage Design
• Project Design to 85%
Ongoing Tasks Include:
• WSDOT Approval of Channelization Plans
• Retaining Wall Design
• Traffic Signal and Illumination Design
• NEPA Environmental Documentation and Approval
• Project Design to 100%
This project is scheduled to go to bid in Apri12011 with construction beginning June 2011.
Land Use and Transportation Committee
I-5 Southbound South 320�' Street Off Ramp
November 1, 2010
Page 2 of 2
PROJECT ESTIMATED EXPENDITURES:
Planning and Design (WSDOT)
ROW Acquisition
2011 Construction Cost
10% Construction Contingency
Construction Management (WSDOT)
TOTAL PROJECT COSTS
$ 646,000
0
3,600,000
360,000
562,000
$5,168,000
AVAILABLE FUNDING:
Federal Grant (STPUL)
Budgeted City Funds
Mitigation
TOTAL AVAILABLE BUDGET
$ 3,200,000
1,840,000
165,000
$ 5,205,000
(Transfer from Project 150)
K:�L,UTC\2010\l 1-01-]0 S 320th St @ I-5 SB Off Ramp - 85% Design Status Report.doc
COUNCIL MEETING DATE: November 16` 2010
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
❑ Ordinance
❑ Resolution
SUB.TECT: School Zone Flashing Beacon Grant Application — Silver Lake Elementary
POLICY QUESTION Should the City apply for a grant through the Washington Traffic Safety Commission (WTSC)
to install school zone flashing beacons at Silver Lake Elementary?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
MEETING DATE: November 1, 2010
�
■
STAFF REPORT BY: Jesse Hannahs, P.E., Senior Traffic Engineer ��' DEPT: Public Works
_.. .............................................._......................................................._.................................................................................................................................... �.........................................._................................._._.._........_.__._.._........._.._.................._.........__....._.__.._....._..._.....----...........
Attachments: Memorandum to Land Use and Transportation Committee dated November 1, 2010.
Options Considered:
1. Authorize staff to submit the WTSC grant application to fund up to $7,500 for installation of School Zone
Flashing Beacons at Silver Lake Elementary School.
2. Do not authorize staff to submit the WTSC grant application to fund up to $7,500 for installation of
School Zone Flashing Beacons at Silver Lake Elementary School and provide direction to staff.
STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the November 16, 2010 City Council
Consent Agenda for approval.
'�,� ��� ,�;�� ��.
CITY MANAGER APPROVAL: ,� l�,f�w� �� W' 1'� DIRECTOR APPROVAL:
Committee Counc�l Committee Council
COMMITTEE RECOMMENDATION The Committee recommends forwarding Option 1 to the November 16 2010
City Council Consent Agenda for approval. �1 �
�
Dini Duclos, Chair
PROPOSED COUNCIL MOTION: `7 rr
$7,SOO.for installation ofSchool Zone
Member
ITEM #:
Public Hearing
Other
Member
thorize,staff to submit the WTSC grant application to fund up to
Beacons at Silver Lake Edementary School. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICB)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IsT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 1, 2010
TO: Land Use and Transportation Committee
VIA: Brian Wilson, City Manager/Police Chief
FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management ��
' Jesse Hannahs, P.E., Senior Traffic Engineer .� L`��
SUBJECT: School Zone Flashing Beacon Grant Application
BACKGROUND:
The Washington Traffic Safety Commission (WTSC) has concluded from its own studies that driver
compliance with the 20 mile per hour school speed limit and collision history were improved when
drivers were given clear direction over when the school speed limit was in effect, and the best way to
accomplish this is with the installation of school zone flashing beacons ("Speed Limit 20 When
Flashing") rather than the subjective "Speed Limit 20 When Children Are PresenY'. To help road
agencies adopt this change, the Commission created a grant program that provides up to $7,500 for
flashing beacon hardware components per school zone that flashing beacons are installed at elementary
schools. The grant would also require that the City provide education materials and targeted enforcement
at the added locations.
City staff has had a similar goal, and currently all but four elementary schools have school zone flashing
beacons installed. With funds from the same WTSC grant program in 2009, school zone flashing beacons
were installed at Sherwood Forest Elementary School and the recently completed follow-up study shows
a significant speed reduction at all hours but especially during the flashing beacon operation. The
remaining four schools are all located on low volume residential streets:
• Silver Lake (SW 325`�' St & 13'�' Ave SW)
• Adelaide SW 304` St & 16`� Ave SW)
• Nautilus (S 289`� St & 11'�' Ave S)
• Wildwood (S 300` St & 26�' Ave S)
Staff has determined that the highest priority and most feasible installation at this time would be the
Silver Lake Elementary School Zone located on SW 325`�' Street at 13`� Ave SW. Due to the relatively
late release of the call for projects, staff is still evaluating the existing traffic conditions for this location.
Total installation would cost between $15,000 and $20,000 with up to $7,500 reimbursable for flashing
beacon hardware components. The adopted budget allocates $20,000 for school safety improvements in
the Neighborhood Traffic Safety Program, thus limiting the number of installations for which the City
could provide the match.
The deadline for submittal of the grant applications is November 19, 2010 with successful applicants
being notified on December 1, 2010. Installations must be completed prior to Apri130, 2011.
cc: Project File
Day File
COUNCIL MEETING DATE: November 16, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: COMMUrTITY CENTER POOL CHEMICAL VENDOR CONTRACT
POLICY QiTESTION Should the Council approve the CoTnmunity Center Pool Chemical Goods und Services
Agreement?
COMMITTEE: PRHSPS
CATEGORY:
� Consent
❑ City Council Business
� ■
Ordinance
Resolution
MEETTNG DATE: November 9, 2010
❑ Public Hearing
❑ Other
STAFF REPORT BY: CRAIG FELDMAN, Community Center Aquahcs Coordinator. DEPT: PRCS
__.. _.........._.. ....................._.........................................._................_.._......................_.........._.................................._......._....._..................................._.................
In order to ensure the safety of the patrons using the aquatics corr�onents at the Federal Way Community Center,
it is necessary to feed chemicals, to disinfect and balance the water, into the various bodies of water. Chemicals
are administered through an automated delivery system
Orca Pacific submitted the lowest per unit quote for the needed chemicals from the three quotes received. This
quote includes delivery, technical support and parts far automated chemical delivery systems. If 2011 attendance
numbers remain consistent or even slightly higher through 2011 then the total compensarion for this agreement
will be need to be $42,000.00, (Farty Two Thousand Dollars) based on the quote received from ORCA Pacific.
Attachments: Staff Report, Proposed Agreement
Options Considered:
1. Recommend approval of the 2011 Community Center Pool Chemical Goods and Services Agreement
with ORCA Pacific Inc., and authorize the City Manager to execute the agreement..
2. Reject the 2011 Community Center Pool Chemical Goods and Services Agreement, and provide
direction to staff.
STAFF RECOMMENDATIdN Staff recommends approval of Option 1.
CITY MANAGER APPROVAL: 1.��(�.. ����l�d /���) �� DIRECTOR APPROVAL: __�
to Committee to Council to Cotna�ittee To Council
COMMITT'EE RECOMMENDATION: I move to forward the 2011 Communiry Center Pool Chemical Goods and
Services Agreement with ORCA Pacific, Inc. to the Novem • 2010 City Council Consent Agenda for approval.
���`" ��_- _�!����y���
Comtnittee Chair
er
PROPOSED COiTNCIL MOTION: `7 move approval of an ugreement with ORCA Pucific Inc. for supply and delivery
of Pool Chemiculs ut the Federul Wuy Comma�nity Center covering Junt�ary 1, 2011 through Deceinber 31, 2011
und authorize the City Manager to execute the agreement. "
(BELOW TO BE COMPLETED BY CITY C'LERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1
❑ TABLED/DEFERRED/NO ACTION Enactment reacling
❑ MOVED TO SECOND READING (ordinarar.es nnly) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
`
CITY OF
F�d��al W�y
PARKS, RECREATION AND CULTURAL SERVICES
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
FROM:
VIA:
SUBJECT
November 9, 2010
Parks, Recreation, Human Services & Public Safety Committee
Craig Feldman, Aquatics Coordinator
Brian Wilson, City Manager/Police Chief
Pool Chemical Quotes
Quotes were submitted from three vendors. The quote provided is a per unit cost and staff
anticipate amount needed based on previous year's chemical use, anticipated attendance and
expected price increase for chemicals. The cost of items per unit is as follows:
Orca Pacific:
Liquid Chlorine - 55 gallon carboy
Buffered Muriatic Acid - 15 gallon carboy
Buffered Muriatic Acid - 1 gallon bottles
Sodium Bicarbonate - 50 Ib bag
Calcium Chloride - 50 Ib bag
Dry Chlorine 100 Ib bucket
Freight - Shipping
Aqua Quip:
Liquid Chlorine - 15 gallon Carboy
Muriatic Acid -15 gallon Carboy
Buffered Muriatic Acid - 1 gallon bottles
Sodium Bicarbonate — 50 Ib bag
Calcium Chloride — 50 Ib bag
Dry Chlorine - 25 Ib bucket
Freight - Shipping
The Watermill:
Liquid Chlorine — 50 gallon carboy
Muriatic Acid — 15 gallon carboy
Muriatic Acid - 1 gallon bottles
Sodium Bicarbonate — 50 Ib bag
Calcium Chloride — 50 Ib bag
Dry Chlorine 100 Ib bucket
Freight - Shipping
$119.85
$69.05
$6.60
$19.95
$22.95
$205.57
No charge
$62.10
$104.89
$8.97
$62.10
$62.10
$116.99
No charge
$140.95
$62.95
$7.48
$35.95
$38.95
$265.00
No charge
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GOODS AND SERVICES AGREEMENT
FOR
COMMUNITY CENTER POOL CHEMICALS
This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington
municipal corporation ("City"), and ORCA Pacific, Inc, a Washington corporation ("Contractor"). The City and
Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice
required under this Agreement:
ORCA PACIFIC, INC.
Aaron Kimura
280 44 Street NW
Auburn, WA. 98001
(253) 867-0303 (telephone)
(253) 867-5695 (facsimile)
aaron(rx�,opacific. com
The Parties agree as follows:
CITY OF FEDERAL WAY:
Craig Feldman
33325 $"' Ave. S
P.O. Box 9718
Federal Way, WA 98063-9718
(253) 835-6945 (telephone)
(253) 835-6939 (facsimile)
com
1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shallbe the date of
mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2011("Term").
This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractar.
2. WORK.
2.1 Work. The Contractar shall provide goods, materials ar services and otherwise perform the work mare
specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Work"), performed to the City's
satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee.
2.2 Warranties. The Contractar warrants that it has the requisite training, skill, and experience necessary to provide
the Wark and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not
limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner
consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services
are performed The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole
cost and expense, correct all Wark performedwhich the City deems to have defects in workmanship andmaterial discoveredwithin
one (1) year after the City's final acceptance of the Wark. This Agreement is subject to all warranty provisions established under
the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts
shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty far that portion of the work shall
extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct
any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractar does not accomplish
the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall
pay all costs incurred by the City in order to accomplish the correction.
2.3 Time, Documentation, and Inspection. Wark shall begin immediately upon the effective date of this Agreement.
Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or
delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Wark in
accordance with this Agreement notwithstanding the City's knowledge of defective or non-complying performance, its
GOODS AND SERVICES AGREEMENT - 1- 1/2010
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substantiality or the ease of its discovery.
2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at
its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the
Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up
and the costs thereof shall be immediately paid by the Contractar to the City and/or the City may deduct its costs from any
remaining payments due to the Contractar.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party
tliirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this
Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially
violates Section 12 and such may resu.lt in ineligibility for further City agreements.
4. COMPENSATION
4.1 Amount. In return far the Wark, the City shall pay the Contractor an amount not to exceed a maa�imum amount
and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiatedrate(s) for
the Term. Except as otherwise provided in Exhibit "B", the Contractar shall be solely responsible for the payment of any taxes
imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement.
4.2 Method of Pavment. On a monthly basis, the Contractar shall submit a voucher or invoice in the form specifiedby
the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any
hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment
shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days afterreceipt and
approval by the appropriate City representative of the voucher or invoice. If the Work do not meet the requirements of this
Agreement, the Contractor will correct ar modify the work to comply with the Agreement. The City may withholdpayment far such
work until the work meets the requirements of the Agreement.
4.3 Defective ar Unauthorized Work. If any goods, materials, ar services provided under this Agreement are either
defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the
wark to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods,
materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete anypart ofthis Agreement, the
City may obtain the goods, materials ar services from other sources, and Contractor shall be liable to the City for any additional
costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor.
4.4 Non-A�ropriation of Funds. If sufficient funds are not appropriated ar allocated far payment under this
Agreement far any futi�re fiscal period, the City will not be obligated to make payments far Wark ar amounts incurred after the end
of the current tiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are
allocated. No penalty or expense shall accrue to the City in the event this provision applies.
4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and
all claims, except those previously and properly made and identified by Contractor as unsettled at the time request far final
payment is made.
5. INDEMNIFICATION.
5.1 Contractar Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected
officials, ofticers, employees, agents, representatives, insw attorneys, and voltulteers hain�less fiom any and all claims, demands,
GOODS AND SERVICES AGREEMENT - 2- 1/2010
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actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, t�es, losses,
fines, fees, penalties expenses, attorney's fees, costs, and/or litigation eYpenses to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this
Agreement or the performance of this Agreement, except for that portion of the claims causedby the City's sole negligence. Should
a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability far
damages arising out of bodily injury to persons or damages to property cat�sed by or resulting from the concurrent negligence of the
Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor
shall ensure that each sub-contractar shall agree to defend and indemnify the City, its elected officials, officers, employees, agents,
representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractorpursuant to
this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any
of these covenants of indemnification.
52 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractar-waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the putposes of
this indemni�cation. Contractar's indemnification shall not be limited in any way by any limitation on the amount of damages,
compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other
bene�ts acts or programs. The Parties further acl�owledge that they have mutually negotiated this waiver.
5.3 Citv Indemnification. The City agrees to release, indemnify, defend andholdthe Contractar, its officers, directors,
shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands,
actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines,
fees, penalties eYpenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, includingwithout
limitation, their respective agents, licensees, ar representatives, arising from, resulting from or connected with this Agreement to
the extent solely caused by the negligent acts, errors, or omissions of the City.
5.4 Survival. The provisions of this Section shall survive the expiration or tenninadon of this Agreement withrespect
to any event occurring prior to such expiration or termination.
6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the
performance of the services or work by the Contractor, their agents, representatives, employees ar subcontractors, as provided in
EYhibit "C", attached hereto and incorporated by this reference, far the duration of the Agreement and thereafter with respect to any
event occurring priar to such expiration ar termination. The provisions of this Section shall survive the expiration or tennination of
this Agreement.
7. CONFIDENTIALITY. All information regarding the City obtainedby Contractorinperformance ofthis Agreement shall
be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate
termination. All records submitted by the City to the Contractar will be safeguarded by the Contractor. The Contractar will fully
cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request.
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractorwhile
performing the Wark shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available
to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of
this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to
the City.
9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and
properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and
practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These
recards shall be subject, at all reasonable times, to inspection, review or andit by the City, its authorized representative, the State
Auditor, or other governmental ofticials authorized by law to monitor this Agreement.
GOODS AND SERVICES AGREEMENT - 3- 1/2010
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10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS.
10.1 Inde�endence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor
has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained
under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacationpay or any otherbenefit
of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as
specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of
whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an
employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Coniractar a�ees to
notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees
to indemnify any losses the City may sustain through the Contractor's failure to do so.
102 ' Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its employees,
agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for
that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and
codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Wark (Chapter
296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards
(Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, bamcades, signals and
other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all
road crossings, crosswalks, street intersections, post danger signs warning against known ar unusual hazards and do all other things
necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam ar otherpipes
or conduits, and all hydrants and all other prop erty that is likely to become displaced or damaged by the performance of the Wark.
The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely
responsi�ble for the same
10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractar shall be responsible for any loss
of or damage to materials, tools, or other articles used or held far use in connection with the work Industrial or any other insurance
that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the
Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent
contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure
satisfactory completion
11. CONFLICT OF INTEREST. It is recognized that Contractor may or will beperforn�ingprofessional services during the
Term for other parties; however, such performance of other services shall not conflict with ar interfere with Contractor's ability to
perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that
Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or willbe
involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractar's performance. _
12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, andemploymentmadepossibleby
or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor ar its subcontractors of any
level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of seY, age (except
minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, ar the presence of any
disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification inrelationship
to hiring and employment. This requirement shall apply to, birt not be limited to, the following: employment, advertising, layoffar
termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall
comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans
With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, ar any other applicable federal,
state, or local law or regulation regarding non-discrimination.
GOODS AND SERVICES AGREEMENT - 4- 1/2010
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13. GENERAL PROVISIONS.
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13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements ar agreements,
whether aral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any
language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement
are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this
Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or
invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party
priar to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of
the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this
provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the
Parties.
13.2 Assi�nment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer ar assign, in
whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-
assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the
Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is
made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of
action or interest in this Agreement based on any provision set forth herein.
133 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all
applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules,
standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics
Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be
rendered null and void, at the City's option.
13.4 Enfarcement. Time is of the essence of this Agreement and each and all of its provisions in whichperformance is
a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractar's performance of
this Agreement. Any notices reqtured to be given by the Parties shall be delivered at the addresses set forth at the begimiing of this
Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail,
postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3)
days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but
shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon
strict performance of any of the covenants and agreements contained in this Agreement, ar to exercise any option conferredby this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or
options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default
immediately upon occurrence shall not waive such breach ar default. Failure of the City to declare one breach or default does not
act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and
interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or
claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under
the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing
to an alternative process. If the King County Superiar Court does not have jurisdiction over such a suit, then suit may be filed in
any other appropriate court in King County, Washington. Eachparty consents to the personal jurisdiction of the state and federal
courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Partybrings any
claim ar lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in
defending or bringing such claim or lawsuit, including all appeals, in addition
to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit
the Parties' rights to indemnification under Section 5 of this Agreement.
GOODS AND SERVICES AGREEMENT - 5- 1/2010
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13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and
warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the
same document. All such counterparts shall be construed together and shall constitute one instrument, but in makingproofhereof
it shall only be necessary to produce one such counterpart. The signature and aclrnowledgment pages from such counteiparts may
be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and
acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be
the "date of mutual execution" hereo£
[Signature page follows]
GOODS AND SERVICES AGREEMENT - 6- 1/2010
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IN WITNESS, the Parties execute this Agreement below, effective the last date written below
CITY OF FEDERAL WAY
Brian Wilson, City Manager\Police Chief
DATE
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
ORCA PACIFIC, INC.
By:
Printed Name:
Title:
DATE:
STA'�E OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me , to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
20_
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
GOODS AND SERVICES AGREEMENT - 7- 1/2010
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_ � �
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EXHIBIT "A"
SERVICES
The Contractor shall do or provide the following:
Orca Pacific, Inc. and the City of Federal Way mutually agree that the following goods and services shall be
provided: Swimming Pool Disinfectant and Water Balancing Chemicals shall be delivered to the Federal Way
Community Center, located at 876 South 333r Federal Way, Washington, as ordered on an as needed basis.
Delivery times shall be scheduled in advance with the Aquatics Coardinator. Orca Pacific, Inc. will guarantee the
quality of the products and will replace at no charge any chemicals that are found to be unsatisfactory. Prices
shall remain the same throughout the length of this agreement. See Exhibit "B" for price list.
Orca Pacific, Inc. staff shall be responsible for the unloading of above said chemicals and their placement in the
designated storage areas. Orca Pacific staff will be responsible for the removal of all empty Chlorine and Acid
containers.
Orca Pacific, Inc. agrees to supply all parts and services needed to maintain chemical feeding systems and to
provide technical assistance as needed to repair and maintain above said systems at a price consistent with fair
market value. A quote shall be issued before any work is begun and all removed parts shall be returned to the
Aquatics Coordinator or his/her designee.
GOODS AND SERVICES AGREEMENT — 8— 1/2010
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EXHIBIT "B"
COMPENSATION
� TY H� Li.
: i �3's '��`^ hJf'fCu'? Gi:t Efi 4 • �^+,) �rC < �.�'1 s
F��£'�'�l .`:r["3�1 thlf� .'-'.�$�S.^''�.�.
° `�w� F�wu->'''S�.,`£�
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1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to
exceed Forty Two Thousand and 00/100 Dollars ($42,000.00).
2. Method of Compensation:
Payment by the City for the goods and services will only be made after the delivery of goods or services have
been performed, consistent with prices quoted below. A voucher or invoice shall be submitted in the form
specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on
a monthly basis, thirty (30) days after receipt of such voucher or invoice.
Pro�luct Description
*Sodium Hypochlorite 12.5%
......... ......... ......... . ........ ......... ---...... ..
*Acid Magic No Skin Burn/Reduced
Fuming
..... . ..... . _ .. ...... . . ....
*Acid Magic No Skin Burn/Reduced
Fuming
... ......... ......... ...�-�--. ..................
€ Calcium Chloride 96-98%
:...................................................................................
' Soda Ash
Sodium Bicarbonate
.. . ..... ,� ,� ..., .......
Lamotte DPD #1
........ ......................
Lamotte DPD #3
...........................................�---..
Lamotte Phenol Red
*No Drum Deposits
*No Environmental Cleaning Fees
BID REQUIREMENTS
Washington State Sales Tax not included in price of bid.
Size Unit Price
.-- --- --- _.. ------------
: 53 Gal � 119.85 ;
Drum
..:.. ............... ..............,
: 15 Gal. ' : 69.05 '
Carboy '
.... , :..... .
Gallon : 6.60 i
ea.
�-�-�--- ...:... ............ ..:.. ..............
: 50# Bag ', : 22.95
... .. ..... :........................
..............................:.................. . .
: 50# Bag ';; 12.50
- ---- .. ... ..... _.. ..� ...
: 50# Bag ;: 19.95
_. ,... : __ . . --- -
: 100/Box '; 10.45
... ....... . . ....:... . . .. . ........ : ...---.......,
: 100/Box ': 10.45
.............................. :............................... : ........................
: 100/Box :: 10.45
GOODS AND SERVICES AGREEMENT - 9- 1/2010
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EXHIBIT "C"
INSURANCE
1. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers
who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising frompremises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage,
products liability, advertising injury, and liability assumed under an insured contract with limits no less than
$1,000,000 for each occurrence and $1,000,000 general aggregate.
b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of
the State of Washington;
c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a
minimum combined single limits in the minimum amounts required to drive under Washington State law per
accident for bodily injuiy, including personal injury or death, and property damage.
2. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the
liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to
any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be
excess of the Contractor's insurance and shall not contribute with it.
3. The City shall be named as additional insured on all such insurance policies, with the exception of any
professional liability insurance and any workers' compensation coverage(s) if Contractoi• participates in a state-
run workers' compensation program. Contractor shall provide certificates of insurance, concurrent with the
execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all
insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall
contain a clause of endorsement providing that they may not be tertninated or materially amended during the
Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance
policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three
(3) years from the date this Agreement is actually tei7ninated or upon project completion and acceptance by the
City.
GOODS AND SERVICES AGREEMENT - 10 - 1/2010
COUNCIL MEETING DATE: November 16, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: PLAYGROj_JND REPLACEMENT FOR DASHPOINT HIGHLANDS AND LAKE GROVE PARK
PoL�cY QuES'r1oN: Should a purchase agreement be awarded through KCDA for the supply and installation of
playground systems; to Sitelines Park & Playground Products for Dashpoint Highlands Park and Allplay Systems
for Lake Grove Park?
COMMITT'EE: PRPSC
CATEGORY:
� Consent
❑ City Council Business
� ■
Ordinance
Resolution
MEETING DATE:Nov 9, 2010
❑ Public Hearing
❑ Other
S'r�'F' RErox'r BY: Stephen ikerd, Parks & Facilities Manager DEPT: PRCS
_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attachments: Memo, layout drawings.
Options:
#1- Recommend approval to purchase new playground systems from: Sitelines Park & Playground Products;
for Dashpoint Highlands Park ($77,818.09) and Allplay Systems for; Lake Grove Park ($68,569.56) and
authorize the City Manager to purchase through KCDA for the supply and installarion of these
playgrounds. An additional estimated $7,500 will be needed to install a cement border around the
Dashpoint Highlands playground so the grand total expenditure for both systems is not to exceed
$153,887.65
#2- Do not approve the purchase of the new playground systems and give staff direction.
STAFF RECOMMENDAITON: Staffrecommends Council
#1
� � "Z' �, � d v ��
CITY MANAGER APPROVAL: G✓��'i.v� l � u !O � I 1 w DIRECTOR APPROVAL: )
to Committee to Council to Committee To Council
COMMITTEE RECOMMENDA'I'ION I move to forward option 1 to recom�nend approvul to purchase new
playground systems from: Sitelines Purk & Playground Products; for Dashpoint Highlands Purk ($77,818.09)
and Allplay Systems for; Lake Grove Park (,$68,569.56) and uuthorize the City Manager to pa�rchase through
KCDA for the sa�pply and installation of these playgrounds. An additional esti�nated $7,500 will be neecled to
install a cement bor•der around the Dashpoint Highlands playground so the grand total e�enditure for both
systems is not to exceed $153,887.65 to full council on Novemher 16, 2010 City Council Consent Agenda for
approval.
Committee
r--
PROPOSED Coi1NCIL MoTION: `7 move approval of option 1 recomfnend approval to purchase new
playground systems from: Sitelines Park & Playground Products; for Dashpoint Highlands Park
($77,818.09) and Allplay Systems for; Lake Grove Park (�68,569.56) and authorize the City Manager to
purchase throi�gh KCDA for the supply and installation of these playgrot�nds. An additional estimated
$7,500 will be needed to install a cement bor•der around the Dashpoint Highlands playground so the grand
total exPen�liture for both systems is not to exceed $153,887.65.
� CITY OF
Fe�derai W,ay
Parks and Facilities Division
Date: November 9, 2010
To: PRHSPS Council Committee
From: Stephen Ikerd, Parks & Facilities Manager
Subject: Playground system purchase
One of the Parks Commission annual work plan task is to inspect playgrounds with staff
and assist with developing a priority list for replacements or upgrades. Two play
structures were identified for replacement this year due to deteriorating conditions. Staff
recommends moving forward with the replacement of the Dashpoint Highlands and Lake
Grove Park playground systems.
Staff contacted four companies on a King County Directors Association (KCDA) list
which the City has cooperative procurement authority through. This procurement
authority allows the City to work with each pre-approved company to customize a
playground system to fit our needs at discount rates that KCDA secured through a
bidding process. This method of selection works best for this type equipment because
each manufacturer has many variables in its features that are difficult to bid apples to
apples. Once a layout and price is agreed upon and Council approval is given, a PO is
issued to KCDA who then works with the selected vendor for the supply and installation
of the playground system.
Staff solicited conceptual layouts and estimates from four approved KCDA vendors to
determine which company we would work out final details with. Staff recommends
splitting the award with two companies that have been responsive in the past, have good
quality equipment, included popular features and are within budget.
Following are the results:
Allplay Systems: Lake Grove Park
$67,924.12 — includes equipment, installation, cement border, & tax
3,101.56 — KCDA 5% processing fee
6,792.41 — 10% contingency
$77,818.09 — total encumbrance not to exceed
Sitelines Park and Playground Products: Dashpoint Highlands Park
$62,335.96 — includes equipment, installation, play chips, KCDA 5% fee & tax
6,233.60 — 10% contingency
$68,569.56 — total encumbrance not to exceed
Other cost for Dashpoint Highlands playground:
$ 7,500.00 -- estimate for a cement border that staff will install through another vendor.
Funding Source:
$181,253.00 — 2010 balance of CIP funds for Playground Replacement and Upgrades.
- 153,887.65 — total encumbrance of 2 playground systems including 10% contingency.
$27,365.35 — remaining balance of CIP funds for Playground Replacement and Upgrades.
CC — Cary Roe; P.E., Parks & Public Works Director/Emergency Manager
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CUSTOM ROUND 5 MODULAR PLAYSYSTEM
Back Perspective
PR#:9833AC LAKE GROVE PARK 123NORTHVALLEYDRIVE
GRANTS PASS, OR 97526
Date: 09/21 /10 � � � FAX5541
Drawn By: CKC AIIPI�,I S�ISIeIT�S www.playcraftsystems.com
CUSTOM ROUND 5 MODULAR PLAYSYSTEM
CUSTOM ROUND 5 MODULAR PLAYSYSTEM
Site Plan (Preliminary)
ESTIMATED NUMBER OF BORDER TIMBERS: 62
58'-3'
52'-0�
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28'-0'
6 "
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ADA ACCESSIBILITY GUIDELINE • ADAAG CONFORMANCE:
THIS DESIGN WILL MEET ADAAG AND ASTM F 1497-o7a e1 RE�l11REMENTS FOR ACCE55 WITH FOR KIDS
THE ADDITION OF 0 GROUND LEVEL EVENTS (0 TYPES) WHEN PROPERLY INSTALLED OVER pGES
ACCESSIBLE SURFACING.
ELEVATED ACCESSIBLE RAMPACCESSIBLE GROUND TVPES 5-�2
11 11/6 0/0 8/4 4/3
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�ENERAL NOTES:
THE SITE PLAN SHOWN IS BASED ON MEASUREMENTS THAT WERE PROVIDED TO KRAUSS CRAFT, INC. AT THE TIME OF THE PROPOSAL REQUEST. ALL DIMENSIONS MUST BE VERIFIED PRIOR TO THE SUBMISSION OF A PURCHASE ORDER.
KRAUSS CRAFT, INC. WILL NOT BE RESPONSIBLE FOR ANY DISCREPANCIES BENJEEN ACTUAL DIMENSIONS AND DIMENSIONS SUBMITfED ON A PROPOSAL REOUEST.
� THE MINIMUM USE ZONE FOR THE PLAY STRUCTURE IS BASED ON THE PRODUCT DESIGN AT THE TIME OF THE PROPOSAL. COMPONENTS AND STRUCTURE DESIGN MAY BE SUBJECT TO CHANGE WHICH MAY AFFECT DIMENSIONS. THEREFORE,
BEFORE PREPARING SITE, WE STRONGIY RECOMMEND OBTAINING FINAL DRAWINGS FROM THE FACTORY (AVAILABLE AFfER THE ORDER IS PIACE� AND INCLUDED IN THE ASSEMBLY MANUAL).
� WARNING: ACCESSIBLE SAFETY SURFACING MATERIAL IS REQUIRED BENEATH AN� AROUND THIS EOUIPMENT THAT HAS A CRITICAL HEIGHT VALUE (FALL HEIGHT) APPROPRIATE FOR THE HIGHEST ACCESSIBLE PART OF THIS E�UIPMEM.
PR#: 9833AC
Date: 09/21 /10
Drawn By: CKC
LAKE GROVE PARK
AIIPIay Systems
Scale: 1" = 14'-0"
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CUSTOM ROUND 5 MODULAR PLAYSYSTEM
Top View
Transfer
Point
360'
Horizontal
Ladder
Store
Panel
(tioi.,�,l
ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE:
THIS DESIGN WILL MEET ADAAG AND ASTM F 1487-07a e1 REOUIREMENTS FOF ACCESS WITH FOR KIDS
THE ADDITION OF 0 GROUND LEVEL EVENTS (0 TYPES) WHEN PROPERLY INSTALLED OVER pGES
ACCESSIBLE SURFACING. SEE SITE PLAN FOR ADDITIONAL GROUND LEVEL EVENTS.
ELEVATED ACCESSIBLE RAMPACCESSIBLE GROUND TYPES 5-�2
11 11/6 0/0 4/4 3/3
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.
Vertical
Rock
Climber
Steel
Double
Slide
Transfer
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GENERAL NOTES:
• IT IS KRAUSS CRAFT, INC.'S OPINION THAT THE PRODUCT(S) SHOWN IN THIS PROPOSAL MEET Ofl EXCEED THE DESIGN AND SAFETY GUIDELINES FOUND IN THE ASTM F1487 AND USCPSC PUBLICATIONS FOR PLAYGROUND EOUIPMENT �ESIGNED
FOR PUBLIC USE.
• THIS CONCEPTUAL PLAN IS BASED ON INFORMATION PROVIDED TO US PRIOR TO CONSTRUCTION. DETAILED SITE INFORMATION, INCLUDINCa THE FOLLOWING, SHOULD BE OBTAINED, EVALUATED, AND UTILIZED IN THE FINAL PR0.IECT DESIGN:
EXACT SITE DIMENSIONS, TOPOGRAPHY, EXISTING UTILITIES, SOIL CONDITIONS AND DfiAINAGE SOLUTIONS.
WARNING: ACCESSIBLE SAFETY SURFACING MATERIAL IS REOUIRED BENEATH AND AROUND THIS EQUIPMENT THAT HAS A CRITICAL HEIGHT VALUE (FALL HEIOHT) APPROPRIATE FOR THE HIGHEST ACCESSIBLE PART OF THIS EQUIPMENT.
REFER TO THE CPSC'S HANDBOOK FOR PUBLIC PLAYGROUND SAFETV, SECTION 4: SUFFACING.
PR#: 9833AC
Date: 09/21 /10
Drawn By: CKC
LAKE GROVE PARK
AIIPIay Systems
Dimensions: 45' x 25'
Min. Use Zone: 57' x 37'
Scale: 3/16" = 1'-0"
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COUNCIL MEETING DATE: November 16, 2010 ITEM #: l
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PARK DONATION AND MEMORIAL PROGRAM
PoLICY QuESTION: Should the Council authorize a Park Donation and Memorial program?
CoMMITTEE: PRHSPS MEETTNG DATE Nov. 9, 2010
CATEGORY:
❑ Consent
❑ City Council Business
❑ Ordinance
X Resolution
�'�
�
Public Hearing
Other .
STAFF REPO1t'r BY: Stephen Ikerd, Parks & Faciliries Manager DErT: PRCS
The Department occasionally receives requests to donate funds for a specific purpose and also interest in
purchasing a variety of Park amenities. Often the interest in the purchase of a park amenity is associated with a
desire to have a memorial plaque associated with that item Staff has researched other donarion and memorial
programs and developed the attached program and Resolurion to be adopted as a new City of Pederal Way
program.
Attachments: Proposed Park Donation & Memorial program, Donation form, and Resolution.
Options Considered:
l. Authorize adopting the proposed Park Donation & Memorial program through the attached Resolution.
2. Do not authorize the proposed Park Donation & Memarial program and provide direction to staff.
STAFF RECOMMENDATION Option 1; to approve the proposed Park Donation & Memarial program by adopting
this n�w program by Resolution.
CITY MANAGERAPPROVAL: �,.p� p f�p ,�I� � DIRECTORAPPROVAL: Ci�'i \
Committee Council Committee Council
CONIMITTEE RECOMMENDATION I move to for•war•d the Purk Donation & Memoriul program to the Nove�nher
16, 2010 Council meeting and udopt this new proQram by Resolution.
new prograin by Resolution. "
(BELOW TO BE COlIlPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COiJNCIL BILL #
❑ DENIED 1
❑ TABLEDlDEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (orclina�xces vialy) ORDINANCE #
REVISI:D - ORi12/201U I2ESOLli770N #
PROPOSED COLTNCIL MOTION `7 move approval of the Park Donation & Memorial program by adopting this
;�
� ,� � ;,,:,..
� �' �
PARK DONATION & MEMORIAL PROGRAM
I. PURPOSE
The City of Federal Way receives numerous inquiries from individuals and organizations about
donations and memorials to the City's park system. The intent of the Donation & Memorial
Program is to create a program that is flexible and responsive to the needs of our community's
donors and to establish policies and procedures for accepting donations made for the benefit of
the City's parks system.
IL DEFINITIONS
1. Department: the Parks, Recreation and Cultural Services Department
2. Director: the Parks, Recreation and Cultural Services Department Director or designee.
3. Donation: gift of funds, plant materials, and physical objects or structures.
4. Memorial Plaques: bronze plaque either installed at ground level or attached to an approved
object in a park or facility. Plaque size will be established by specified use, with a maximum
number of text lines and restricted letter font style and size.
5. Park: any city-owned park, facility, natural area, and open space managed for recreational
use and/ar resource protection.
6. Pathway: any on or off-road pathway, sidewalk, or trail located in Park.
III. POLICY
A. The Department shall be responsible for administering the Park Donation & Memorial
Program, including establishing a review process for approving and installing donations. The
Department may coordinate with other City departments where needed, or designate other
departments to oversee certain aspects of the program.
B. The City encourages donations of land, facilities, equipment, landscape material and money
to support the Parks, Recreation and Cultural Services to the community. Donations will be
accepted from public and private sources for the purposes of enhancing all City parks and
park pathways, and will become the property of the City.
C. Donations will be considered for all Parks and Park Pathways with the exception of those
areas where human activity is discouraged to protect habitat and sensitive lands.
D. All costs associated with the donation request, such as installation and anticipated on-going
maintenance costs, should be covered by the donor. The City may, on a case by case basis,
establish an appropriate administrative fee of no greater than 15% of the value of the
donation to coordinate the project. For projects of large value, a reasonable administrative fee
will be negotiated.
E. Approval Criteria: Proposed donations may be incorporated into the landscape and facilities
of parks and pathways according to the following criteria:
General Criteria:
1. Donations must be compatible with and meet a specific park facility or amenity need
identified in the approved park master plan,
2. In areas not covered by master plans, compatibility with existing facilities and local
conditions shall be considered as long as the donation meets a specific park need.
3. Age and anticipated general condition of the donation.
4. Anticipated maintenance requirements.
Specific Criteria:
1. Cash Donations: Unspecified cash donations may be used to build, to repair or to
upgrade existing or new park facilities at the City's discretion.
2. Structures and Site Furnishings: The City has established general aesthetic standards for
furnishings in parks. Donations of structures or furnishings should maintain this aesthetic
standard. Therefore the Director will offer donors a list of pre-approved furnishings that
they may choose from at the current market values (approx $300 — 3,500 range). The list
shall include the following new items, and may be added to or amended by the Director
as necessary:
New Items:
Tree
Picnic Tables
Metal Benches
Litter receptacles
Planters
Drinking Fountains
Trail Marker Signs
3. Other Furnishings: Other furnishings or structures outside of the pre-approved list such
as fountains, plazas, and landscapes will be reviewed on a case by case basis.
4. Artwork: Donations of art, or cash donations to purchase or commission art must be pre-
approved by the City's Arts Commission with the location approved by the Department.
5. Plant Donations: Donation of plant material is allowed as long as the donation is
purchased from a City approved certified nursery. Acceptance of plant material by the
City is based upon whether the plant material furthers the design theme established in the
park and a need exists for additional plants. The City's ability to hold quantities of plants
until needed is limited. Therefore, only plant materials that can be planted at the time of
acceptance are allowed. Plant material occasionally must be relocated ar conditions may
lead to the demise of some plants. Therefore, donations will only be accepted if donors
realize that plants may be relocated and that the City may not replace plant material that
does not survive.
F. Variations: Variation to Standard Memorial Plaques will be allowed only upon approval of
the Director.
G. Damages & Term of Donation: The term of the donation or memorial will be for the life of
the asset. For example, if a donated park bench is destroyed or deteriorates, then the
memorial may be removed. The City will make every practical effort to repair damaged
donations and memorials. However, the City is not responsible for replacing items, including
plaques, due to excessive damage or loss. The City will attempt to contact the donor using
the information on the Donation Memorial Form to inform him/her of the loss. The donor
may replace the item and/or plaque at his/her own expense.
H. Naming of Parks: The City has an approved process for naming parks. Please see
Resolution No. 91-57
IV. PROCEDURE
A. The donor shall meet with Department staff prior to submitting a Park Donation & Memorial
Form. The purpose of this meeting is for the donor to share ideas regarding the proposed
donation and/or memorial. Once this meeting has occurred, the donor may submit a
completed Park Donation & Memorial Form to the Department.
B. Department staff will review and determine the appropriateness of the proposal as measured
by the approval criteria listed above in Section III (E). If a proposal does not meet the
approval criteria, the donor will be noti�ed of the reasons why.
C. Property Donations: All land/property donations will be submitted through Staff and
forwarded to the Parks and Recreation Commission for a recommendation, to the Parks,
Recreation, Human Services and Public Safety Committee for approval, and to City Council
for final approval.
D. Other ponations: All other donations meeting the approval criteria will be handled
administratively by the Department unless the value of the donation is greater than
$10,000.00, in which case, the proposal will be submitted to the Parks and Recreation
Commission for a recommendation, to the Parks, Recreation, Human Services and Public
Safety Committee for approval, and to City Council far final approval.
E. Memorial Plaques: Memorial plaques will be permitted pursuant to this policy only in
conjunction with the donation of a new item as described in section III (E) above. Memorial
Plaques and installation components shall be provided by the donor and shall be a bronze
marker either installed at ground level or attached to an approved object in a park or City
facility. City staff reserve the right to perform or supervise the installation. Plaque size will
be established by speci�ed use, with a maximum number of text lines and restricted letter
font style and size as follows:
1. Pre-approved plaque sizes:
A. 2"x 10" two (2) inches wide by ten (10) inches long with a limit of three lines of teact
and
up to 48 characters per line. Typical application is directly upon a park bench,
table, or similar dedication.
B. 5" x 6" five (5) inches by six (6) inches with a limit of four lines of text and a
maximum of 32 point and a minimum of 20 point font sizes. Typical application is
placement on a rock or concrete base and placed next to a structure, plant, or tree
dedication.
C. 6" x 9"six (6) inches by nine (9) inches with a limit of four lines of text and a
maximum of 32 point and a minimum of 20 point font sizes. Typical application is
placement on a rock or concrete base and placed next to a structure, plant, ar tree
dedication.
3
P�irk Donafion & Mc morial Po[icy
To prevent obscene or potentially offensive text from being displayed on city property, the
Department must approve all text for Memorial Plaques.
Pre-approved text may include:
In Honor of ,
In Memory of ,
In Celebration of ,
Dedicated to ,
F. Appropriate approval of the donation or memorial must be obtained before installation of the
donation or memorial may begin.
G. Once installed, the donation or memorial becomes the property of the City of Federal Way.
V. APPEAL PROCESS
A. For real property donations and donations over $10,000.00, the decision of the City Council
will be final.
B. For decisions on proposals made by the Department, such decisions may be appealed by the
proposer in writing to the Director. Such appeals shall be in writing and submitted to the
City Clerk within seven (7) calendar days of the Department's decision. The appeal shall
contain the following: (1) a statement of the action causing concern, (2) the action requested
by the applicant and the reasons supporting it, and (3) any other relevant information and
impacts. The appeal will be considered within thirty (30) days. If practical, the matter may
be resolved by telephone or office visit. The decision of the Director will be final.
Policy Approved by City Council, Resolution No. _� , 200_
Pctrlc Doncttion & Mernorinl Policy
� CITY OF
Federal 111/ay
Park Donation & Memorial Program Form
Donor name or organization:
Address:
Phone:
City, State, Zip:
E-mail
Pre-approved donation list of new items: (please check appropriate boxes)
❑ Tree ❑ Picnic table ❑ Metal Bench
❑ Planter
❑ Litter receptacle
❑ Drinking Fountain
❑ Trail marker signs
Proposed location:
Description of request:
❑ Other
❑ Memorial plaque
Desired plaque inscription: (see applicable size and font details in full policy document)
Mounting option: � in ground ❑ on approved obj ect or fixture
For City Use Only:
Current market value estimate for donation: $
❑ Approved by
Date
Comment:
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington, Adopting a Park Donation and Memorial Program.
WHEREAS, periodically, the City is approached by private citizens, business groups, or
other organizations desiring to contribute monetary and non-monetary donations to the City's park
system; and
WHEREAS, pursuant to RCW 35A. I 1.040, the City is authorized to accept any gift or grant
for any public purposes; and
WHEREAS, the City Council desires to adopt a Parks Donation and Memorial Program that
will give members of the community the opportunity to make donations within the park system, and
allow for a coordinated and consistent program for recognizing such contributions; and
WHEREAS, the City Council has reviewed the Parks and Recreation Commission's proposed
Donation and Memorial Program and desires to adopt the same;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section l. The Parks Donation and Memorial Program ("Program") attached hereto as
E�chibit A and incorporated by this reference is hereby adopted.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Resolution No.10- Page 1 of 2
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution 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 resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 2010.
CITY OF FEDERAL WAY
MAYOR, L1NDA KOCHMAR
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
K:�resolution�2010\donation and memorial policy
Resolution No.10- Page 2 of 2
�
COUNCIL MEETING DATE: November 16, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
Sus.�cT: Services Agreement for The Commons at Federal Way Police Services
POLICY QUESTION:
Should the City of Federal Way / Police Department allow ratification of the Service Agreement between the
City Of Federal Way and Steadfast Commons II, LLC for police services at The Commons Federul Way for the
term on January 1, 2011 to December 31, 2011?
COMMITTEE Parks, Recreation, Human Services and Public Safety
Council Committee - (PRHS&PS)
CATEGORY:
� Consent ❑ Ordinance
❑ C ity Council B ❑ Resolution
STAF`F' REPORT BY: Sandy Tudor, Lieutenant
Attachments:
1. PRHS&PS Memo
2. The Commons at Federal Way Police Service Agreement
Options Considered:
1. Accept The Commons Agreement
2. Reject Agreement
STAFF RECOMMENDATION Staff recommends Opt 1.
MEETING DATE: November 9,
2010
❑ Public Hearing
❑ Other
DEPT: Police
I �la�� �� o
CITY MANAGER APPROVAL: �.1,!•I ►^� �� � i W� DIRECTOR APPROVAL: ••-�»�
Conuiiittee Council Conunittee
COMMITTEE RECOMMENDATION: I move to forwurd the proposed Ag�°eement to the November 16, ?010
consent ugenda for approval.
c �'_ j
� ,� `J . . � _ �' _
Committee Chair � Corn'mit,t�s/1C�Ie�iber �ttee Member
PROPOSED COU1vcIL MoTTON: `7 move approval of the Services Agreement for the Commons at Federal Way
Police Services, effective January 1, 2011 through December 31, 2011 with a total compensation of
$137, 645. 00, and authorize the Ciry Manager to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sTreading
❑ TABLED/DEFERRED/NO ACTION Enachneut readiug
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
�•
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 9, 2010
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Brian J. Wilson, City Manager/Police Chief
FROM: Andy Hwang, Assistant Chief of Police
SUBJECT: Acceptance of the Services Agreement Between the City of Federal Way and the
Commons Mall Management Company.
Background
Officers who are assigned to work at the Commons Mall are commissioned police officers
providing full law enforcement and security services for the Commons Mall property. The Mall
Resource Officers provide the opportunity for increased safety and security for patrons and
businesses which enhances the environment for greater commerce, increases public perception of
safety, and broadens our outreach and visibility in the community.
The original Commons Mall agreement was signed in 1999 and has been renewed by both parties
each year since then. The term of this Services Agreement is for one year, commencing January
1, 2011. It shall come up for renewal again in 2012. This agreement has been reviewed and :
approved by the legal departments of both parties and is ready for final signatures. '
1
` GI7Y OF CITY HALL
� Federa I Way 33325 Sth Avenue South • PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www atyo(federahvay. com
SERVICES AGREEMENT
FOR
THE COMMONS AT FEDERAL WAY POLICE SERVICES
This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington
municipal corporation ("City"), and Steadfast Commons II, LLC, a Delaware limited liability company
("Owner"), owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are
located and do business at the below addresses:
STEADFAST COMMONS II, LLC:
Lisa Whitney
1928 S. Commons Suite B
Federal Way, WA 98003
253-839-6156 (telephone)
lwhitney@steadfastcompanies. com
CITY OF FEDERAL WAY:
Brian Wilson, City Manager/Police Chief
33325 8 Ave S
P.O. Box 9718
Federal Way, WA 98063-9718
(253) 253-835-6701 (telephone)
(253) 253-835-6739 (facsimile)
Lvnette. allen(a)cityoffederalway. com
The Parties agree as follows:
1. SERVICES. The City shall perform the services more specifically described in Exhibit "A", attached hereto and
incorporated by this reference ("Services").
2. TERM. The term of this Agreement shall be far one year commencing on January ls`, 2011.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other
party thirty (30) days written notice at its address set forth set forth at the beginning of this Agreement. Either Party may
terminate this Agreement immediately ifthe other Party defaults or materially breaches the Agreement.
4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent of the cost of the
salaries and benefits of each officer assigned to the Property for the time periods that they are assigned there. The numbers
of hours and total rate shall be as set forth in E�chibit "B" attached hereto and incorporated by this reference
("Compensation"). The City shall invoice and the Owner shall remit one twelfth of the total yearly compensation on a
monthly basis. From time to time the Parties shall agree on any adjustment in rates.
5. INDEMNIFICATION.
5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the City, its elected
officials, officers, employees, agents, representatives, and volunteers harmless from any and all claims, demands, actions,
suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses,
fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in
connection with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional
acts, errors, or omissions of the Owner, except for that portion of the claims caused by the City's sole negligent or
intentional acts, errors, or omissions.
5.2 City Indemnification. The City agrees to release, indemnify, defend and hold the Owner, its officers,
directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, demands,
actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or
SERVICES AGREEMENT - 1 -
[ITY OF
� Federal
CITY HALL
W �� 33325 Sth Avenue South • PO Box 9718
Federal Way, WA 98063-971 S
(253) 835-7000
www ciryoffedera/way. com
entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or
connected with this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the City,
except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errors, or omissions.
53 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The City agrees to carry as a minimum general liability insurance in the amount of at least
$1,000,000 single limit and $2,000,000 aggregate, which includes property liability. City shall provide certificates of
insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at Owner's request, furnish
copies of all insurance policies and with evidence of payment of premiums or fees of such policies. The provisions of this
Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such
expiration or termination.
7. CONFIDENTIALITY. All information regarding the City obtained by Owner in performance of this Agreement
shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If
the City notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it
is the Owner's responsibility to make determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The
Owner must obtain the injunction and serve it on the City before the close of business on the tenth business day after the
City sent notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does
not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the City has
notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the City with
that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the
record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the
above, the Owner must not take any action that would affect (a) the City's ability to use goods and services provided
under this Agreement or (b) the Owner obligations under this Agreement. The Owner will fully cooperate with the City in
identifying and assembling records in case of any public disclosure request.
8. INDEPENDENT CONTRACTOR. The Parties intend that the City shall be an independent Contractor and that
the City has the ability to control and direct the performance and details of its wark, the Owner being interested only in
the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay City sick leave,
vacation pay or any other benefit of employment, nor to pay any social security or other ta�c which may arise as an
incident of employment.
9. GENERAL PROVISIONS.
9.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The
respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be
deemed to modify ar otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is
declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and
such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may
be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties.
9.2 Assi�nment and Beneficiaries. Neither the Owner nor the City shall have the right to transfer or assign, in
whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If
the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and
effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and
assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other
person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein.
SERVICES AGREEMENT - 2 -
CITY OF
� Federal
CITY HALL
W �� 33325 8th Avenue South • PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
�vww atyoifederahvay com
93 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the
beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited
in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail
shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity or
by statute. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained in this
Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a
waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in futl force and
effect. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such
breach or default. Failure of a Party to declare one breach or default does not act as a waiver of the City's right to declare
another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of
the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement,
the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and
jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its
legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals,
in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be
construed to limit the Parties' rights to indemnification under Section 5 of this Agreement.
9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and
warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the
City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together
and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart.
The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument
comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon
which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution"
hereof.
[Signature page follows]
SERVICES AGREEMENT - 3 -
GTY OF
,� Federal Way
CITY HALL
33325 8th Avenue South • PO Box 9718
Federal Way, WA 98063-9718
(253)835-7000
rnvw c�ryotfederahvay com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By:
City Manager/Police Chief, Brian Wilson
DATE:
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
STEADFAST COMMONS II, LLC
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me , to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of , 201_.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
SERVICES AGREEMENT - 4 -
GITY OF
� Federal
CITY HALL
W �� 33325 8th Avenue South • PO Box 9718
Federal Way, WA 98063-9718
(253)835-7000
wrvw ciryoffederalway com
EXHIBIT "A"
SERVICES
1.
2
3
4.
��
�
The City will provide to the Property three (3) full time, experienced police officers ("Contract
Officers") to provide security (in addition to other policy duties) for the Property, its businesses,
tenants, and customers. The Contract Officers will work in conjunction with private security or
other police agency representatives employed by the Owner at the Property or any of the Property`s
stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property,
including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide
security, visibility, and police services. Contract Officers will lose no benefits, assignment, training,
or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1)
year increments, but may be rotated to address City needs or Owner interests.
The Property will be considered by the City as a mini-beat within the general geographical dispersal
structure of the City, placing it as a section within a regular beat. The regular beat officer, in which
the Property mini-beat exists, will provide presences and response capabilities consistent with
general beat management strategies. The Property's coverage by the regular beat officer will not be
reduced by the presence of the Contract Officers or by the use of other police agency representatives
or private security staff or agency representatives in the Property or in individual stores. All
supplemental police services will remain unaffected by the coverage provided for in this Agreement.
During assigned periods, the Contract Officers will respond to police or public safety incidents. If
the matter can be resolved by the Contract Officers expediently, no general assignment or
specialized assignment officers will need to respond. If needed, as determined by the City, other
officers will be dispatched as in the resolution of any similar matter through the City. If the incident
requires extended investigation or follow-up investigation away from the Property, or prisoner
transportation general assignment officers will relieve the Contractor Officers to allow them to
resume the Contract Officer duties as soon as practical.
The City will retain control over the Contract Officers and the Contract Officers will work under the
general and direct supervision of the Federal Way Police Department and the City. The Contract
Officers will work in a full duty status while on duty as in any Police Department duty assignment,
and will adhere to departmental policies and procedures. Contract Officers will be in uniform during
duty hours and will be provided with regularly used police equipment including vehicles and radios.
The City may at its option also provide bicycles, computers, or other equipment.
The Owner may provide office space, a public access kiosk, or other facilities. Property
Management may coordinate the security efforts of the Contract Officers on a day-to-day basis,
consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided that
in the event of a conflict between any direction from the Owner or its agents and the City, the City
direction shall control.
Contract Officer absences due to illness, time off, or training will be replaced by general assignment
police officers, to maintain a continuity of coverage, when the absence will result in no Contract
Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit
B Compensation, and may be reduced based on the level of compensation actually provided to the
City. Specific hours of coverage will be established by the City in conjunction with the Property
management.
SERVICES AGREEMENT - 5 -
CITY OF
� Federal
CITY HALL
W �� 33325 Sth Avenue South • PO Box 971 S
Federal Way, WA 98063-9718
(253) 835-7000
t�nvw cityofl`ederahvay. com
EXHIBIT "B"
COMPENSATION
In 2011 the City will provide the Contract Officers for a total of eleven (11) ten-hour shifts per week. The actual
days of the week and hours will be agreed upon by the Owner and the City based on the needs of both parties.
Below is a sample schedule:
Officer A: Sunday through Wednesday, 10:00 am to 8:00 pm
Officer B: Friday through Monday, 11:00 am to 9:00 pm
Officer C: Thursday through Saturday, 12:30 pm to 10:30 pm
This schedule is subject to change based on the needs of the Owner and the City. The City reserves the right to
adjust the schedule for the purposes of training, vacation, and other types of leave providing that the impact to
the Owner is inconsequential.
The 2011 rate (50% of the cost to the City) for this coverage is a total of One Hundred and Thirty Seven
Thousand, Six Hundred and Forty Five and No/100 Dollars ($137,645.00) per year or Eleven Thousand Four
Hundred and Seventy and 42/100 Dollars ($11,470.42) per month.
SERVICES AGREEMENT - 6 -
COUNCIL MEETING DATE: November 16, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:��
Sus.rEC'r: Accept COPS GRANT that was submitted for application June 16, 2010, in order to fund four
(4) police officer positions for a period of three years.
PoLICY Qi7ESTION: Should the Ciry of Federal Way /Police Department accept the COPS Grant, awarded in
September 2010, for an estimated federal funding of $1,036,296.00 spread over three years?
COMMITTEE Parks, Recreation, Human Services and Public Safety
Council Committee - (PRHS&PS)
CATEGORY:
� Consent
❑ City Council Business
STAFF REPORT BY: STEVE
❑ Ordinance
❑ Resolution
COMMANDER
Attachments:
1. PRHS&PS Staff Memo
Options Considered:
1. Accept grant
2. Do not accept Qra
STAFF RECOMMENDATION: Staff recommends Option 1.
MEETING DATE: Nov. 9, 2010
❑ Public Hearing
❑ Other/ Information Only
DEPT: Police Department
CTTY MANAGER APPROVAL: �C, (�✓��Sf/h �� �I I� S���DIRECTOR APPROVAL: l�'✓� /�g ����
Cosnmittee Cot�nci Comm� e Co�
Committee Recommendation: I move to forward the Proposed agreement to the November 16, 2010 Council
Agenda for approval.
�
c
Comrnittee Chair
\
er
Member
`IrROPOSED CoiTNCIL MoTION: "I move approval to Accept the COPS Grant for FY2010 with an estimated
$1,036,296.00 in federal funds spread over three (3) years, and authorize the City Manager to sign the Grant
Award Document. "
/BELOW TO BE COMPLETED BY CITY CLERIfS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MO VED TO SECOPID READING (ordinances only)
REVISED — 02/06/2006
COUNCIL BILL #
1 reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 9, 2010
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Brian J. Wilson, City Manager/Chief of Police
FROM: Andy J. Hwang, Assistant Police Chief
SUBJECT: Accept COPS Grant to fund four police officer positions for three years.
Background
The Police Department budget recommendation for 2011-2012 contains a reduction of 18
Commissioned FTE's in order to meet the budget requirements. As a result of these reductions a total
of five police officer positions would be eliminated in 2010, if the recommendations are implemented.
In an effort to save positions the Department submitted an application, in July, to the 2010 COPS
Hiring Program (CRP) for the fiscal year 2010.
The Department applied for the original grant in 2009, which was denied. The CRP re-opened the
grant in 2010 for those departments who did not receive funding in the original grant process. Only
those departments that applied and were denied in 2009 were eligible for the 2010 grant funds. One
stipulation to the grant process is that the applicants are capped at their original request for funding.
The Federal Way Police Department has been approved and awarded the 2010 COPS Grant for four
(4) officer positions.
Therefare the Department is requesting to accept the 2010 COPS Hiring Program Grant funding, for
four (4) officers, for a period of three years, with an estimated amount of $1,036,296.00 in federal
funds to be awarded.
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Off ce of the Director
1100 Vermont Avenue, N. W
Washington, DC 20530
U.S. Department of Justice
Office of Community Oriented Policing Services (COPS)
September 30, 2010
Interim Chief of Police Andy Hwang
Federal Way, City of
33325 8th Avenue South
P.O. Box 9718
Federal Way, WA 98063
Re: COPS Hiring Program Grant # 2010UMWX0338
ORI#: WA01736
Dear Interim Chief of Police Hwang:
Once again, I would like to congratulate you on receiving a COPS Hiring Program (CHP)
award. Your award is for 4 officer positions and $1,036,296 in federal funds over a three-year grant
period. Your agency may now begin hiring or rehinng officers to fill CHP grant-funded positions.
Enclosed in this package is your grant award. The Award Document must be signed and
returned to the COPS Office within 90 days of the date of this letter to officially accept your
grant. The Frequently Asked Questions (FAQ) document included in this package should be helpful
in answering any questions you may have about accepting your award, or requesting additional time to
do so. Beginning on the reverse side of your Award Document, you will find a total of two pages
of CHP Grant Terms and Conditions. You should read and familiarize yourself with all 16 terms and
conditions that apply to your CHP award.
A supplemental online award package for CHP grantees can be found at
http•//www cops usdoi.�ov/Default.asp?Item=2367. We strongly encourage you to visit this site
immediately to access a variety of important and helpful documents associated with your award,
including the CHP Grant Owner's Manual, which specifies the terms, conditions, and requirements of
your grant. Also, within a few weeks you should receive an important package from the Office of the
Chief Financial Officer, Office of Justice Programs, which will contain the forn�s and instructions
necessary to begin drawing down funds for your grant.
As mentioned at the time of announcement, each CHP application was subject to a thorough
review, and some of your application information may have been updated or corrected from the
original version submitted to COPS. If you have not yet done so, please access your application at
htt�s://www.cops.usdoj.gov, and print and maintain a final copy for your records (if you are unable to
print a copy of your application, please contact the COPS Office at 800.421.6770).
The Financial Clearance Memorandum (FCM) and Final Funding Memorandum (FFM)
included in this package reflect allowable costs and amounts under your award. The FCM specifies
the amount of COPS Hiring Program funds awarded to your agency for officer salaries and approved
benefits, while the FFM contains the final officer salary and fringe benefit categories and amounts for
which your agency was approved. The Final Funding Memorandum also includes the specific hiring
category(ies) awarded under your CHP grant. Please review both documents carefully, as your
agency may only be reimbursed for the amounts and approved cost categories indicated.
As a reminder, under CHP all positions awarded (or an equal number of veteran officers)
must initiate or enhance community policing in accordance with the community policing plan as
described within Section 6 of your application. If for any reason your agency finds that your
community policing plans have significantly changed from those outlined in your application (e.g.,
because you received fewer officers than originally requested and thus must alter the scope of your
community policing plans), please revise the plan accordingly and submit it to the COPS Office for
review and approval. You should also contact the COPS Office if, for any reason, you need to modify
your grant award. This includes any reallocation of your awarded positions across the three primary
hiring categories (i.e., new hires, rehires of officers laid off pre-application, and rehires of officers laid
off or scheduled to be laid off post-application).
Finally, please remember that grantees must retain all sworn officer positions awarded under
the CHP grant for a minimum of 12 months following the 36-month federal funding period. The
retained CHP-funded position(s) should be added to your law enforcement budget with state and/or
local funds, over and above the number of locally-funded positions that would have existed in the
absence of the grant. In your CHP grant application, your agency was required to affirm that it plans
to retain the additional officer positions awarded following the expiration of the grant, and to identify
the planned sources of retention funding. If, during the life of the grant, you have questions regarding
the retention requirement or your retention funding sources, please contact the COPS Office for
assistance.
Once again, congratulations on your CHP award. If you have any questions about your grant,
please do not hesitate to call the COPS Office Response Center at 800.421.6770.
Sincerely,
��-„�y � �.��--'
Bernard K. Melekian
Director
U. S. Department of Justice
Office of Community Oriented Policing Services
2010 COPS Hiring Program Grant Terms and Conditions
7. Modifications. During the CHP grant award period, it may become necessary for an agency to modify its CHP grant award due to
changes in an agency's fiscal or law enforcement situation. Modification requests should be submitted to the COPS Office when an agency
determines that it will need to shift officer positions awarded in one hiring category into a different hiring category, reduce the total number
of positions awarded, shift funds among benefit categories, andJor reduce the entry-level salary and fringe benefit amounts. For example,
an agency may have been awarded CHP grant funding for ten new, additional full-time sworn officer positions, but due to severe fiscal
distress/constraints, the agency determines it is unable to sustain all ten positions and must reduce its request to five full-time positions; or
an agency may have been awarded CHP grant funding for two new, additional swom officer positions, but due to fiscal distress/constraints
the agency must change the hiring category from new hires to rehires to prevent lay-offs. Grant modifications under CHP are evaluated on
a case-by-case basis. An agency may implement the modified grant award following written approval from the COPS Office. Please be
aware that the COPS Office will not approve any modification request that results in an increase of federal funds.
8. Evaluations. The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Hiring Program. The grantee
agrees to cooperate with the monitors and evaluators.
9. Reaorts. To assist the COPS Office in the monitoring of your award, your agency will be responsible for submitting quarterly
programmatic progress reports and quarterly financial reports.
10. Grant Monitorine Activities. Federal law requires that law enforcement agencies receiving federal funding from the COPS Office
must be monitored to ensure compliance with their grant conditions and other applicable statutory regulations. The COPS Office is also
interested in tracking the progress of our programs and the advancement of community policing. Both aspects of grant implementation—
compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Grant
monitoring activities conducted by the COPS Office include site visits, office-based grant reviews, alleged noncompliance reviews,
financial and programmatic reporting, and audit resolution. As a COPS CHP grantee, you agree to cooperate with and respond to any
requests for information pertaining to your grant.
11. Equal Emalovment Oaaortunitv Plan (EEOP). All recipients of funding from the COPS Office must comply with the federal
regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan (28 C.F.R. Part 42 subpart E).
12. Emalovment Elieibilitv. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration
Services Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are
eligible to work in the United States.
13. Communitv PolicinE. Community policing activities to be initiated or enhanced by your agency were identified and described in your
original COPS grant application, and/or 2010 CHP application update with reference to each of the following elements of community
policing: a) community partnerships and support; b) related govemmental and community initiatives that complement your agency's
proposed use of CHP funding; and c) how your agency will use the funds to reorient its mission or enhance its commitment to communiry
policing.
The COPS Office defines community policing as a philosophy that promotes organizational strategies, which support the systematic use of
partnerships and problem-solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as
crime, social disorder, and fear of crime. CHP grants must be used to initiate or enhance community policing activities. All newly hired,
additional or rehired officers (or an equal number of redeployed veteran officers) funded under CHP must engage in community policing
activities.
14. Contracts With Other Jurisdictions. Grantees that provide law enforcement services to another jurisdiction through a contract must
ensure that officers funded under this grant do not service the other jurisdiction, but will only be involved in activities or perform services
that exclusively benefit the grantee's own jurisdiction. Grantees cannot use CHP funds to pay for a contract to receive law enforcement
services from another agency.
15. False Statements. False statements or claims made in connection with COPS grants may result in fines, imprisonment, or debarment
from participating in federal grants or contracts, and/or any other remedy available by law.
16. Additional Hieh-Risk Grantee Requirements. The recipient agrees to comply with any additional requirements that may be
imposed during the grant performance period if the awarding agency determines that the recipient is a high-risk grantee (28 C.F.R. Parts 66
and 70).
Page 2 of 2
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1100 Vermont Avenue, NW
Washington, DC Z0530
Memorandum
U. S. Department of Justice
Community Oriented Policing Services
Grants Administration Division
COPS Hirin� Pro�ram
To: Interim Chief of Police.Andy Hwang
Federal Way, City of
From: Andrew A. Dorr, Assistant Director for Grants Administration
Re: COPS Hiring Program Financial Clearance Memo
A financial analysis of budgeted costs has been compieted. Costs under this award appear reasonable, allowable, and
consistent with existing guidelines. Exceptions / Adjustments are noted below.
OJP Vendor #: 911462550 ORI #: WA01736 DiJNS #: 612509901 Grant #: 2010UMWX0338
Budaet Categorv Proaosed Budaet Auaroved Bud¢et Adiustments Disallowed/Adiusted - Reasons/Comments
Personnel $647,856.00 $647,856.00 $0.00
Fringe Benefits $388,440.00 $388,440.00 $0.00
DirectCosts: $1,036,296.00 $1,036,296.00 $0.00
Grand Total $1,036,296.00 $1,036,296.00 $0.00
Grand Total• Federal Share: $ 1,036,296.00
' Applicant Share: $ 0.00
Cleared Date-
Overall Comments:
,�,., =�t�_
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Legal Name:
Grant Number:
Fringe Benefits
Fringe Benefits
Total:
Personnel
Salaries
Total:
Federal Way, City of
2010UMWX0338
COPS Hiring Program
Final Funding Memo
U.S. Department of Justice, Office of Community Oriented Policing Services
uantit Cost/Item Total Item Cost
4 $ 97,110.00 $ 388,440.00
uantit Cost/Item Total Item Cost
4 $ 161,964.00 $ 647,856.00
Grand Total Total Federal Share: $ 1
Total Local Share: $ 0.00
Totai Project Costs: $ 1,036,296.00
Total Disallowed Costs: $ 0.00
Cleared Date•
Overall Comments:
ORI: WA01736
Date: September 29, 2010
Amount
Disallowed Total Ailowed
$ 0.00 $ 388,440.00
$ 0.00 $ 388,440.00
Amount
Disallowed Total Allowed
$ 0.00 $ 647,856.00
$ 0.00 $ 647,856.00
Reason Disallowed/Adiusted
Reason Disallowed/Adiusted
�U.S. Department of Justice
Grants Administration Division
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COUNCIL MEETING DATE: November 16, 2010 ITEM #:�_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
Sus.rECT: 2010FY Bai.LisTic VEST PaRTrr�RSxiP (BVP) GRa1vT
PoL�cY QuESTTO1v: Should the City of Federal Way / Federal Way Police Department accept the BVP Grant
money?
COMMITTEE: PRHS&PS COMMTTTEE
MEETING DATE: Nov. 9, 2010
CATEGORY:
� Consent ❑ Ordinance
❑ C Coun B ❑ Resolution
STAFF REPORT BY:
Attachments:
1. PRHS&PS Committee Memo
2. Grant and Donation Process — Appendix L
3. Application Summary
Options Considered:
1. Accept the BVP Grant
2. Reject the BVP Grant
STAFF RECOMMENDATION: Option 1
❑ Public Hearing
❑ Other
DEPT:
� J /o�,a�/,•
CITY MANAGER APPROVAL: �.(,h I� �� }v/U � 1 IdI DIRECTOR APPROVAL: � �•�- � ""'
Conm�iftee Council Commiftee Co�
CoMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the November 16, 2010
Council consent agenda for approval.
� � _ � _
�
Committee Chair Comrni e ember tee Member
PROPOSED COITNCIL MOT`ION "I move approval of the 1010FYBVP Grant Acceptance effective September
17, 2010, with a total compensation of $15,164.57, cznd authoriae the City Ma�ger to sign the Grant Agreesnent
if signature required. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICEJ
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1gTreadiug
❑ TABLED/DEFERRED/NO ACTION Enactmeut reading
❑ MOVED TO SECOND READING (or•dinances only) ORDINANCE #
REVISED — OS/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 9, 2010
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Brian J. Wilson, City Manager/Police Chief
FROM: Andy J. Hwang, Assistant Police Chief
SUBJECT: 2010 Ballistic Vest Partnership (BVP) Grant.
On September 17, 2010, the Ballistic Vest Partnership (BVP) Grant was approved. The grant will
provide the Police Department $15,164.57 for the purchase of Ballistic Vests. The grant requires
$15,164.57 in matching city funds. The source of the 2010 BVP grant matching funds has been
identified as 2010 Police salary savings.
The BVP Grant application was approved by Council on 6/15/10. The Police Department now seeks
approval to accept the grant funds.
Appendix L
Grants and Donation/Contribution Process
Grants
In general, Council authorization is required throughout the various stages of the grant process.
Grant Application:
Prior to submitting a grant application, staff must seek Council authorization to apply for
the grant. The request is made to the appropriate Council committee. Information is
presented on the agenda bill and memo which should include a broad description and
purpose of the grant, funding agency, grant amount, local match requirements, and any
ongoing costs. Grants that do not require local match should still go through Council
authorization process.
Grant Acceptance:
Prior to accepting a grant award, staff must seek Council authorization. The request is
made to the appropriate Council committee. Information is presented on the agenda bill
and memo which should include background information and the specifics of the grant
requirements including local grant match and proposed funding source, and ongoing costs
such as replacement reserves and maintenance and operations.
Departments are responsible for maintaining grant files and related documents as required by the
granting agency and/or federal/state guidelines. Departments should inform the appropriate
finance liaison of grant awards so Finance may appropriately budget, account and report the
grants.
Donations & Contributions
In general, donations and contribution are a good thing and should be presented to Council
Committee as either an action or informational item.
If City's financial or operational commitment is required, staff must seek Council authorization
to accept the donation/contribution. Any associated costs (i.e. maintenance & operations and
replacement reserves if it meets the capitalization threshold) should be identified along with the
proposed funding source.
If there is no City commitment, staff should present to Council Committee as an informational
item. There may be instances (these are exceptions and should be reviewed case-by-case) where
presenting as an informational item may not be necessary. In that case, the City Manager must
be informed.
Departments should inform the appropriate finance liaison of grants/contributions so Finance
may appropriately budget, account and report on them.
QP�IE� k1121-0235
. .�ir3t�l5 ? r"i€3�7IlC:c3�E0�7 HlSECii"` :� %eJ3�Ilf.��:1,7E7 il!(t�ITldi"y' lE�cplFes: 1�;31;2i:C6?
����������� ����'���
Jurisdiction's V-�st R��t�l����rter3t ryc€�: 5 Years
Unspent BVP Funds �Liic€�t�d for Vest
Purchases: $15,834.88
E���r��n��� Ret�l���rr��r�� N��cls: 0
��������€s��� �����€�
Date Submitted to BVP: 05/13/10
Application Status: Approved by BVP
�.��������a�€� ��a���€� ��€� �'�`���.� ������� �����€�����r�
Applicant Quantity Total Cost Date Status
Submitted
FEDERAL WAY CITY 39 $30,3Z9.13 05/13/10 Approved by BVP
Vier� Details
t�r�r�si �"�x����: 39 $30,3Z9.13
�,���s� �s��a€�€����a �'�a�� �'�`���.� ���€���� ��al������a��a
Funds Type Eligible Award Date Status
Amount Approved
Regular Fund $30,3Z9.13 $15,164.57 09/17/10 Approved By BVP
�"x�°�r�t& �'ca��l�� $30,329.13 $15,164.57
COUIN�IL 1VtEETING DATE: November 16, 2U10 ITEM #:�_
CITY OF FEDERAL WAY
�ITY COUNCIL
AGEl'�DA BILL
SUBJL�T: AMENDMENT TO THE INTERLOCAL AGREEMENT BETR'EEN THE CITY OF ENUMCLAW,
WASHTNGTON AND,THE CITY OF FEDERAL WAY, WASHINGTON FOR THE HOUSING OF A NIIIVIMUM OF FIVE
(5) IlVMATES TN THE ENUMCZAR' CITY JAIL.
POLICY QiTESTION Should the City of Federal Way / Federal Way Police Department amend the existing
agreement with the Ciry of Enumclaw to provide a minimum of five (5) jail beds?
ColvnvilTTEE: Parks, Recreation, Hurnan Services and Public Safety MEETING DATE Novermber 9,
Council Comxnittee - (PRHS&PS) 2010
CATEGURI':
� Consent
❑ City Council Business
I �
�
Ordinance
Resolution
� Public Hearing
❑ Other
STa�' REPORT BY: Steve Arbuthnot, Commander DEPT: Police
Attachments:
1. PRHS&PS Sta,ff Memo
2. Interlocal Cooperative Agreement for Jail Services with the City of Enumclaw
3. Amendment to Cooperarive Agreement for Jail5eivices with the City of Enumclaw
Options Considered:
1. Accept the amendment to the Interlocal Cooperative Agreement far Jail Services
_ ...............��.._._...Re,ject.the amendment to the Coaperative Agreement for Jail Services __.._..._.._.._................._._._---...._.....__...........__._.._.._.._.....
STAFF RECOMMENDATION Staff recommends Option #1
�� b� b � �� v L�l�� �., /�°
CITYMANAGERAPPROVAL: .�nli� ���'' I�I�I� DIRECTORAPPROVAL:
Committee Council Committe Coun '
COMMITTEE RECOMMENDA'I'ION: "I MOVE TO FORWARD THE AMENDED INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN THE C7TY OF FEDERAL WAY AND THE CITY OF ENUMCLAW FOR THE HOUSING OF A MINIMUM OF FIVE (S�
INMATES IN THE ENUMCLAWJAIL TO THE NOVEMBER 16� CITY COUNCIL CONSENTAGENDA FOR APPROVAL. "
� �-/,
-T
Committee C
er
�
��_
Member
�ROPOSED COiJNCIL MOTION: " I move approval of the amended Interlocal Cooperative Agreement between
the Ciry of Federal Way and the Ciry of Enumclaw for the housing of a minimum of five (S) inmates in the
Enumclaw Jail, and authorize City Manager/Police Chief Brian Wilson to sign such Agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICEJ
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOVD READING (ordinances only)
REVISED — 08/12/2010
COLTNCIL BILL #
1 reading
Enactmentreading
ORDI�IANCE #
RESOLU'I'ION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 9, 2010
TO: Farks, Recreation, Human Services and Public Safety Council Committee
VIA: Brian J. Wilson, City Manager/Chief of Police
FROlVi: Andy Hwang, Assistant Chief of Police
SUBJECT: Amendment to the Interlocal Agreement between the City of Federal Way and
the City of Enumclaw for the housing of inmates in the Enumclaw Jail
Background
The City of Federal Way currently has an Interlocal Agreement with the Ciry of Enuxnclaw for
jail services to house misdemeanor inmates. The City of Federal Way primarily utilizes the
Enumclaw Jail for newly arrested inmates or for inmates with short term sentences.
Due to the estimated increase in daily rates proposed by the Yakima County Jail for 2011, the
Federal Way Police Deparhnent has begun looking for alternative locations and alternative
options available to help minimize jail costs. ;.
The daily rate proposed by Yakima County Jail, starting in 2011 will be $100 per inmate per day.
Federal Way currently pays the City of Enumclaw $55 per inmate per day, with the City of
Enumclaw reserving the right to increase to $65 per inmate per day.
We are proposing to amend our current Agreement with the City of Enumclaw so that the City of
Federal Way will be guaranteed a minimum of five (5) inmate beds.
This amendment to the Interlocal Agreement with Enumclaw will allow the City of Federal Way
to realize a potential savings in jail costs for 2011, of approximately $35 -$45 per inmate per
day, over housing in Yakima.
Ct1'�t' i�P CITY NALL
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�" � Federal Way, WA 980fi3-971$
(253} 835-70W
�af�rolf�dera�vaycan
AMENDMENT NO.1
TO�
INTERLOCAL AGREEMENT
FOR
HOUS�l�TG OF I:NMA'��S IN THE ENUMCLAW CORRECTIONS FACILITY
This Amendment ("Amiendment No. 1") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and the City of Enumclaw, a Washington municipal corporation ("Contractor"). The City and
Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the
original A�reeYnent for Housing of Inmates in the Enumclaw Corrections Facility ("Agreement"), dated effective
January 1, 2010, as foIlows:
1. CORRECTIflNS FAGI�.�TY AVAYI;,A$ILITY. The Corrections Facility Availability, as described in
Section 1 of the Agreement, sha11 be amended to read as follows:
Enumciaw shall make available for Federal Way inmates a minimum of five (5) beds per day,
and shall accept and house a minimum of five (5) Federal Way inmates per day. Enumclaw also
agrees to make additional beds in excess of five (5) available to Federal Wa� on a"first come,
first served" or "space available" basis.
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 2 of the
Agreement, shall be amended as follows:
(a} Rates. Beginning December I, 2010 the City of Federal Way agrees to commit to and
pay for five (5) beds per day, at the rate set forth in Section 2 of the original Agreement. The
City of Federal Way agrees to pay for any additional beds used on a"first come, first served"
basis exceeding the five (5) beds committed too in this amendment.
3. GENERAL PROVISIONS. All other terms and provisions of the Agreeme�t, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and a11 acts done by
either Party consistent with the authority of the Agreement, together with any priar amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shail apply to and govern this Amendment. The parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract. �
[Signature page follows]
AMENDMENI'
1i2010
.
.� . �. .
� � .r wr •
CITY NALL
33325 8th Avenue S�uth • Pfl Box 9718
Federat Way, WA 98U63-9718
(253) 835-70t10
www. crtyol�ie�nvay! corn
IN- WITNESS WHEREOF, the above and foregoing Amendment has been executed in duplicate by the parties
hereto and made effective on the day and year first above written:
CITY OF FEDERAL WAY
Brian Wilson, City Manager/Chief of Police
ATTEST:
Cazol McNeilly, CMC, City Clerk
Approved as to Form:
Patricia A. Richazdson, City Attorney
A�IENDME�;"I�
-2-
� � 1 y � _ _ t � � � � � l iJ � C � 1 �l i . � /
City of Enumclaw, Mayor
ATTEST:
City of Enumclaw, City Clerk
Approved as to Form:
City of Enumciaw, City Attorney
1%2010
� � � , � � y �' � ��
CIFY Pdi�LL
33�! 8tl1 A►r�rN� �outlt • PGBoot-37t8
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Ft� �. �T.�t� �` ` ` _ `�� �fi'�' ` ' � �'��i���4RREC"FIONS FACII,TTY
���l'�.4��, ���M�N'T is da�ed. effecci�►e.t6i4 I'` of .Taausr.y 201 Q by aad betwaa tbe
City �F�� �'�, ��an,: �.Il�+tuc�i.i� �r�o�s. an� ��ly of F.IIn�ectaw, a WsshingW�,
Mu� `� ��m� a� �y �; �. dul�r �,�d n�► �-� thc lavvs of die S�e
of . V���
• WI'��'��•, . � . .
�1�� ��u��Ffl�Ce f�c t�tc �ity of En�mnctaw (h+ereiaaRa� "F�ua�ct�x"? is �thori�ed b'�►
law 1� �: c�� amd c�ody o�ffi�� �iiy of Ea►�la�r- �nre�,Ki�s Facitity (l�inat� "E�Claa►
Corr�a� Ea�i�y"); a� .
�1tEAS, � �i�r �e:r �or d,�: �ity oE �e�ierat �Naty (l�eioa�er "Fode:al way"� is au�aiaed
lry lawf t�o 1�v�: �: a�d' �todp ef ��tt Way �i�s oi``i�a�s; � . . .
�REAS, �� �ay wishes to de.si� ti� Enumc�w Con�ctions Facility-as a plao� of
con�cnt for fihe iacaic�r�ticm of one o� more in� Iawfullg committcd to its custodY; and
�FIERF,AS, Eaumc}a�w de�ires'to �ccept and keep in its custody �ch inmate(s) ia thG F,tnanclaw
Conec�ions F�cility for a tate of compensation mut�ty agi+ee� upoa by the p�rties hereto; and
WHEREAS, RCV1� 34.34.08 and ather Washington law,. as amended, autlwrizes any city to enter into
an interIocal agreement to permit another city to perform aay governmental service, activity or u�der�kin8
which either city is authorized by law to perform; and
VVHEREAS, the goveming bodies of each of the parties hereto have determined to enter into the
Agreement as authorized and provided �for by RCW 3934.08U and other Washington Iaw, as amended;
NOVtt, '��EREFORE, in consideration af the above and foregoing recitals, the payments ta be made,
the mi�tvaI promises and covenants herein contained, and for other good and valuable consideration, the
parties l�ereto agree as fol�ows: �
L CORRECTIONS FACII,ITY AYAILABILITY .
Enumclaw shall make available for �ederal Way �nmates on a"first come, first serveci" or "space
available" basis.
2. COMPENSATION
(a) Rates. The cost of Enumclaw's caze of all Federal Way inmates herein shall be $55.00 per day, per
bed/inmate, effective beginning January I ZO10 through DecemBer 31 20I 1. The parties agree that
Enumclaw will not charge a sepazate booking fee in actdition to such rates. Enumclaw reserves the right to
increase the da.ily bed rate ta $65.00 per day with a 90 day written notice to Federal Way prior the increase.
(b) Billin� and pavment_ Enumclaw agrees to provide Federat Way with an itemized bill listing a!1
ln[erfoca! Jai! Services Agreement Page i of 6
B�n��-z� : thc Cit,� t.f f�numcfa�N & the ('ih� uf P�der��l w's�� F�l' Enumc!nw
urr a� CIT1f HALL
F���I �� � I/�� 33325 8th Avenus South - PO Box 9718
F�adsral Way, WA 98063-97t8
(253} 835-7Q00
www.alyrofl�daruMay c�an
name� of inmatcs who � l�ouscd, t�e c�/citation numb�r, the number of days housed (incl�ding the date
and �ime of bookiag agd date a�d time og relcase), and the dollar amount due for eaah. Enumclaw agrees to
providc said bill Yry tl� lOtB of �acli �ao�h. �ederal Way agrees to make payment to Enumclaw within thirty
(30) days of rec�iPt of s�t 1�i�1 for t�e amount billal for the previous caieadaz month.
3. DURATION OF m1MATE STAY/TYPES OF INMATES
At the time a p�rson is �restnted ta the Enumclaw Con+octions Facility for booking by a Federal Way
offic,�r, the Enumclaw corrections staff will deteimine whether the suspect and/or prisoner will tie accepted
far booking. Enumclaw r�serves the right, in its sole discretion, to not accept persons injured, extremely ill,
or e�liibiting bsl�a�+ior that pres�nts an obvious danger to the staff or c�cr inmates. In the eve�at a prisflner is
not acc�p�d for boolaag, Fnwmelaw shall provide written �tice (email is acx:e�able) to the Federal Way
Jail Coordinator indic�e�ing why booking was d�eclinad.
(a) �ation of I�u�te Stav. The parties agree that the maximu�n Iength of stay per inmate, including
pre-and post-trial, rnay not exce,€�d 365 consecutive calendar days per misdemeaaor sentence. .
(b) TXpe� Qf Inmatcs ac,�ted l�v Ettum�l�w Cozrections Facilitv Fe�eeral Way may not book violent
felons into the Enumclaw Con�ections Facility. "Violent felon" is defin� as any person being held for
suspicion, warrant, or arrest for aay felony crime against a person. Federal Way may book nonviolent felons
for a one-night stay provided that Federal Way transports any swch nonviolent felons the following day to
another �oriections Facility.
(c) Collection of insurance information. Enumclaw agrees to collect medical insurance information
from inmates whea they me booked into the Enumclaw Con�ections Facility pursuant to RCW ?0.48.130.
4. RIGHT OF INSPECTION
Federal W ay shalI have the right to inspect, at all reasonable times, all of the Enumclaw Con�ctions
Facility in which Federal Way's inmates are confined in order to determine if such Corrections Facility
maintains standards of eonfinezhent acceptable to Federal Way and that such inmates therein are treated
equally regardless or race, religion, color, creed or national origin; provided, however, that Enumclaw shall
be obligated to manage, maintain and operate its facilities consistent with alI applicable federal, state and
locat laws and regulations.
5. FURLOUGHS. PASSES, AND WORK RELEASE
Enumclaw agrees that no eazly releases or alternatives to incarceration, including furloughs, gasses,
work crews, electronic home detention, or work release shall be granted to any inmate housed pursuant to this
Agreement without written authorization by the committing court. Provided, Enumclaw shall be under no
obligation to ailow furloughs, passes, work crews, el�tronic home detention or work release.
6. INMATE ACCOUNTS AND VAI.UABLES �
(a) Enumclaw shall establish and maintain an account for each inmate received from Federal Way and �
shall credit to such account all money which is received and shall make disbursements, debiting such �
accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited '
amounts as are reasonably necessary for personal maintenance. At either the terrrnunation of this Agreement, I
the inmate's death, or retum to either Federal Way or indefinite release to the court, the inmate's money shall !
be transferred to the inmate's account in care af Federal Way. Upon release from incarceration, Enumclaw I
sha11 return any remaining moaey to the prisoner. �
(b) Enumclaw shall receive and store property for Federal Way inmates. The properry shall fit in a �
property bag such as a paper grocery bag or small elear plastic bag. �
�
(nterfocal lail Services Agreement Pa�e Z uf b ;
Bet�vecn th� City ofEnumcla�v & the City ot�Pederal W<�v F41 _ b'na�mcfa��v
�
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CI7'YlubRLL
33�'t� Awrxu Saull� • PO'Boor9718
/ a � ( � � ,r�:u�r�w,�} seos�r � 8
{ : �.��`
. _ .. � . .. _� .. _.. . _., �.. . . � . . . . . . .
7.
���a°� �a�'�= o��� � c�n� tba: i�an�be wE°i��: tio I�vi� �t,
incl� �ec a�a��`� ��; � mmdicat' �d=�tal secvices �md supplitGS; t�
pro������� �.t� m�s � to t��p�ro�ms��dlor.�rt �ab�t vvith
du i�i�idi�at: a�3`s; t�i �m1�is- �r- it� s�ic� ��; t� supervise tl�n; t� �aiatau► p�+ope�` �sciPlu�a' and'
contt�l; t� m� c�: t� t�my� t�aaivc ac1 s�ial griviteges and tbat t6e s�te�ce and! otders of die
oomm'ii��i�;.i��s a���!#fi�lly ax�;;�mvi�ed �st � s�sll b�
���� ��lai'�l��Wy.1l� ��!'fl�� � � �:>�CS O� � �' �
� . �tSiil11j8t' 111�SDOL C0�
Il� �'� 1�%� ��;V�liC}�i� l� �,1�'-�OVI(�C.
pzu�� �c►: t� ��.;c� vv�lic�i=�.� �'s� �quir� 1�y� law:
8.
�a� 1�� �m ��' �Nay �ali rev�iv� au�c� �1aw st�alt �nge:fo�r �ch modicat, paychiatric
aad �� a� ma� l� �y �v safesguard d�ir �ealth w�ile }iou.�od `ia t�. Enumctaw Co�oa4
Facilit� a�d �all<w� ��disrai� �'�r gnior;tQ �ny �sultatioa for.°t�on-a�gen�cY ou�i+�e servi�. Facapt
far ii� ��u� �,i� medica}= s�s�c�s<� r,an 1� t�eat�od hy �numclaw Gonrections Facilit�► sta�
�`ed� �I4►`a� ���! �'y, ca� reimtu�. Enu�cia�v for all co�s sssociate�d`with 4�e delivery of �nY
m�adic�l,.l�y!�iat�c �aa�or c�atal- secv.ic,�s �ovidec� t� Fe�erat Way inm�es; P'rovided t�at Federal Way has
tht �n tcr �mo�; i�mat,�s,, if'at Foderal: R;a��s discreteon, it believes �at another Cornctions Facility
w�ould be more. �pp� i�or. address�ng t�e: iamafe's medicat necds.
(b�' �cla�w s�all. �ecP adcqu�ate r�ords of atl sr�ch serviczs a�d said'records s�halI be availabte for
Fec�ral �ay'sreview a#.i1� �quest. �
(�j ��e�t in cmergeacies, Federal Way will be notificd by contacting t�e Foderni Way Policx
Depar�neat on duty �r or Coma�tander �t (Z53) 83�685I, prior to tfie inmate's transfer to a hospital
and nothing herein shall preclude Federal Way from retaking the ill or in}ured inmate(s). Any emergency
medical, psychiatric, or dental services shall be reported to Federal Way as soaa as time permits.
(d} If inmates held on Federal Way chazges aze transported to a local hospital facility, the short term
security of said inmates sh,all be the responsibiiity of the City of Enunclaw. Short term security is defined as
one to two hours.
9. DISCIPLINE
Enumclaw shall have physical control over and power to execute disciplinary authority over all
Federat Way inmates. However, nothing containecl herei.n shall be construed to autho�ize or permit the
imposition of a type of discipline prohibited by the Laws of the State of VVashington.
10. RECQRDS AND REPORTS
Enumclaw shall keep a11 necessary and pertinent records concerning Federal Way inmates in the
manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Enumclaw
Conections Facility, Federa� Way shall upon request be entitled to receive and be fumished with copies of
any report or record associated with said inmate(s) incarceration.
11. REMOV'AL FROM THE CORRECTIONS FACILITY
A Federal Way inmate legally conf�ned in the Enumclaw Corrections Facility sha11 not be removed
there from by any peison without written authorization from Federal Way or by order of any court having
jurisdiction. Enumclaw agrees that no early releases or alternatives to incazceration, including furloughs,
Interfocal .Iail Services Aereement Pa�e 3 uf 6
Bcb,veen �h� Cit�- of Enumclsw cec rh� Cit�� nf p��'cril W�_i�. F61' � En��mcla�v
qTY OP
� �`��erat �ay
cirY wau
33328 8th Avenue South • Pd Box 9T78
BAdw�l Way, WA 98063-9718
(253} 835-7000
www.adyoAi�de��oom
passa, �vor}e rele�e, wor1E crews or electronic home detention shall be granted to any inmate without written
au�t�n f�Cim the committing court. This paragraph. shall not apply to an emergency necessitating the
immedi� �emoval ctf the inmate far medicai, den�l, psychiatric ��nt or other catastmphic oondition
prese�l� � im:ninent danger ta the safety of the inmate or to other inmates or Enumclaw Con+ections
Facility perso�I. I� t1a� �vent of any such emergency removal, Enumclaw shall inform Federal Way of the
whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shali exercise all
reasonable care for the safekeeping sad custody of such inmate or inmates. �
!2. ���
�� evtnt �ny F�cieral Way inmate shall escape from Enumclaw's custody, Enumclaw will use all
reaso�ie me:e� to rec:apture th� inmate. T'�e escape sball b� reportc� immediately to Foderal Way.
Enumclaw st�l bave the primary responsibility for and authority to file escape charges aad direct the pursuit
and retaking of t�c inmate oi iamates wit]iin its own jurisdiction. Any cost in connections therewith sl�all be
chargeable to aud borne by �numclaw-, however, Enumclaw sha11 not be requir� to expend unreasonable
amounts �o gursue and r�tuzn inm�tes from other states.or other conntries.
13. DEATH QF AN INMATE
(a) In the event of the death of a Federai Way inmate, the King County Coroner shall be notified.
Fe�ieral Way shall receive copies of aay Fecords made at or in connection with such notification.
(b) Enumclaw shall immediately notify Federal Way of the death of a Federal Way inmate, fiunish
informatioa as r�questea and follow the instructions of Federal Way with regard to the disposition of the
body. The body shall aot be released except on written order ofthe appropriate officials of Federtl, Way.
Written notice pertaining to the release shali be provided withi.n three weekdays of receipt by Federal Way of
notice of such death. All expenses relative to any necessary preparation of the Uody and shipment charges
shall be paid by Federa! Way. With Federal Way`s consent, EnumcIaw may arrange for burial and all matters
related or incidental thereto, and atl such expenses shall be paid by Federal Way. The provisions of this
pazagraph shall govern only the relations between or among the parties hereto and shall not affect the liability
of any relative or other person for the disposition of the deceased or for any expenses connected therewith.
(c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have
died while in Enumclaw's custody.
14. REMOVING OF INMATES
Upon request from Enumclaw, Federa! Way shall, at its expense, remove any Federal Way inmate not
meeting the intake criteria outlined in part 3 above, within (4) hours after receipt of such request. In the event
the confinement of any Federal Way irimate is terminated for any reason, Federai Way shall, at its expense,
retake such inmate from the Enumclaw Corrections Facility. In the event Enumclaw requests a prisoner be
removed, Enumclaw sha11 provide written notice (ema.il is acceptable).to the Federal Way Jail Coordinator
indicating why Enumclaw requested removal of the Inmate.
15. GOVERMNG LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and administrative
rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined
pursuant to the Agreement.
16. DURATION
This Agreement shatl enter into full force and effect from January l 2010, and end December 31
fnterla;al Jail Services Agreement Page 4 of b
Bet�veen the City of Enumcla« & the City of Federa( Way ( Gt Er�urnclaw
�����
� - s 'i � w
��
��Ir Kv�enw Sa�ulri • PO Box 9Tt8
�.a.� vva�x 9eas3:s�ta
� ��1 ,
; . Z�� �,� � � � �1� � j'�'O� �' �i'1LL 1� �i�: �tg�L IY1S�t � t'�CVNO� �Ot
� ' O�IE.` �`�'�IF �"�l1G�` � �� �; � �lf�tZltfi� �' �d � �� �!'ml�. N� 1R �C
i . � � .: 1� � �� ��fi �t3 �1L�' 1� lII �6 �A1��AW �%Otl�0�3 F�J►
i ��`
I7. � ' , i ,�lG"1� ,
� �i�er '�s , m� b� 1t�rminat�d writt�a noti� fiom eid�er pecly to "dti ot�a
� ��Y` �• � Y bY
p� a�i� �.r ���� ac�a�ct p�s�: i�ntifcd he�rr�n, �rovidcc�''t�at �etioa sbelt beooa�e
eif�� �' �; ��I� dl� a�c �i}� c�f �wel� �utfae: F�aI Way a�:4 tio reaaove �ay i�to►�e(s}
fro� �� �� �c� ��i�y �y t#� e� cs� said �jr� (�j d�y �ic� gariod-
�"�; ��'� �i� i�ri �cr l�k o�' �'1"�. c�ligati+on-of F�i �ay �it gay Enumchw uadar
the �� �1��� � t� c�os� �� cu�t �.y� � �1, �OIA) is e�cp�+essly
mac� �:� � t� �i�i�, �� a.�fity of su�ci�nt fimd� by Fa3e�a1 i1Va�r. In �e
evr.�� ��uch, i'�ds s�r� ��u�d; a�propria�d or otY�eiwisc:m�ade avs�le for t� p�pose of P�Y�
� d�i�: �f;�aa�C a� amy 1� �er � 31', �OYQ; t�n-Fodc:al'1fi�sy shatt have th,e aQ'tion of
termi�'ii� t�. �i� � vvt�it�n ��i� f� Fa��mclaw, excq�t tl�c �Il serviccs �novid�ed tiv d�t Poi�t
s�halt �° c��at�d' a� t� agroi� r�#e. '�Iie t�rmi�on'of �is A;�e�nt fa t�is reason w[�1 not +�e any
Pe�fi�Y 1�ik c�±od'� � Way. �
��) �. t� cve�t af �rmi��ioa of t�is Ag�cm�nt for any rr�sfln, Federal Way shall compea�ate
Enumclaw �r p��crs ?�ou�d by Enumctaw �ec notice. of such t�min�ion t�atil Fed�eral Way rctaic�es its
incua�es. �'ampens�tion sbal�' la� paid in the same manner aad at ti�e samc rateg set forth under Section 2, ,}ust
as if tbis a�t had not boen terminated. .
18. �I1�G� ADDRESSES
All noticess reports, and correspunctence to the respective parties of this Agreement shall be sent to
the following: , .
City of Enumclaw: City of Enumclaw
1705 Wells Sh�eet
. - , ,� Enumclaw, Vv�198Q22
. .- . _ ... . .
Contact Person:
City of Federal Way:
Contact Person:
Ty1er M. Chilman, Assistant Jail Commander
City of Federat Way
33325 8�' �ve. S.
P4 Box 9718
Federat Way, WA 98063A718
Beth Meshkoff, Jail Coordinator
I9. HOLD HARMLESS AND INDEMriIFICATION
Enumclaw will asstune the liability for the custody and care of Federal Way prisoners once they are in
the custody of Er�umclaw. Enumclaw shall defend, indem.nify and hold Federal Way, its officers, officials,
employees and volunteers harmless from any and alI claims, injuries, damages, losses or suits including
reasonable attorney fees, arising out of or in connection with the performance of this Agreernent, except for
injuries and damages caused by the sole negligence of Federal Way and for any claims of false arrest or false
imprisonment, for which Federal Way shall defend, indemnify and hold Enumclaw harmless, including
{nterlacal Jail Services Agreement Page � of 6
Behxeen the Citt� oFEnumcla�.v &[he Cit� oF Fe:j�ra? w'a��; FZF% En��melc«v
_ ,
clsr oF
F�fi���"d� �c��
cirv w4u
33325 8tlt Avenu� Sattl� • PO Box 9718
F� Way, WA 98063-9718
(2S3) 835-7�00
w►nx cdyof�deraJ►►�y. aom
reasoriabie si�torncys fecs. Shouid a court of competent jurisdiction determine that tlus Agreement is subject
to RCW 4.24.115, �n,, i� the s�rc�nt of �iability for damages arising out of bodily injury to persons or
damages to pro�ertiy cau�ed` by or resuitigg f�om the concurnnt negligence of Enumclaw aad Federal Way, �
its offic,crs, officiais, employees, and volunteeFS, Enumclav�s liabiliiy hereunder shall be only to the extent of
Enumclaw's aeglige�ce. It is Pur�her specifically and exPresstY und�erstood that the iadem�nification providod
herein constitutes Enuinclaw's waiver of immunity under Industriai� Insurance, Tide 5 t RCW, sotely for the
purposes of this indemnification This waiver has been mutuatty negotiated by the parties. The provisions of
this section shail �vive the expiratioa or termination of this Agreement. .
20. M�CLLT.ANEQiJS
(a) Fcdasal Way prisoaers iac�� in the Enumclaw Cornections Facility pursuant.to this
Agreement shall b� transporteci m Enumclaw by and �t the expense of Fsderal Way and shall be rehunad, if
necxssary, to Federal Vi�ay by Federal Way personnel and at Federal Way's expen.se. Enumclaw is not
responsible for transporration of Federat Way prisoners under this Agreement and shall be reimbutsed by
Fedeial Way for any actuat expenses incurred in transport of an incnate if, in fact, ttansportation of an inmate
by Enumclaw becomes nec�ssa�ry►.
(b) A copy of this agreement, once executed, will be filed with King County as required by RCW
39.34.040.
(c) This Agreement replaces aad supersedes atl prior �nents between the Parties reIating to
Corrections Facility services.
IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duphcate by the parties
hereta and made effective on the day and year first above written:
CITY OF FEDERAL WAY
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Brian son, City Manager/Chief of Police
ATTEST:
CITY OF ENUMCLAW
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ATTEST:
Carol McNei�ly, CM City Cle
Approved as to Form:
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Patricia .. 'chardson, City Atto e
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City of Enamclaw, Ci lerk
Approved as to Form:
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City of Enumclaw, City Attorney
Intrrlocal .lail Services Agreement Page 6 uf6
Behveen [he Ci[y of Enutttclaw & the Ciry uf Federal Wa1 f bG' E.numclaw
COUNCIL MEETING DATE: November 16, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUS.TECT: Secure Our Schools (SOS) Grant Program Award
POLICY QUESTION:
Should the City of Federal Way City Council accept the SOS grant awarded to the Police Department by the
U. S. Department of Justice, Office of Community Oriented Policing to fund an updated UHF radio system for
Federal Way Public Schools(FWPS)? The grant is for $28, 097, with matching funds being divided between
FWPD, FWPS, and The Greater Federal Way Emergency Operations Oversight Committee (GFW EOC).
FWPD, FWPS, and GFW EOC have agreed to provide the matching funds.
COMMITTEE Parks, Recreation, Human Services and Public Safety
Council Committee - (PRHS&PS)
MEETING DATE: November 9,
2010
CATEGORY:
� Consent ❑ Ordinance
❑ City Council Business ❑ Resolution
STAFF REPORT BY: Sandv Tudor. Lieutenant
Attachments:
1. PRHS&PS Memo
2. The Grant Award Memorandum
Options Considered:
1. Accept The SOS grant
2. Reject grant
STAFF RECOMMENDATION Staf r O ption 1.
CITY MANAGER APPROVAL: , �11 ��
Comm�ttee
❑ Public Hearing
❑ Other
DEPT: Police
� DIRECTOR APPROVAL:
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Committ Co cil
P1�OPOSED COUNCIL MOTION "I move approval of the SOS Grant to fund an updated UHF radio system for
the Federal Way Public Schools effective September 1, 2010 through August 31, 2012 with a total grant award
of $28, 097 and authorize the City Manager to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/12/2010 RESOLUTION #
COMMITTEE RECOMMENDATION: I move to forward the proposed acceptance of the grant award to the
November 16, 2010 consent agenda for approval.
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 9, 2010
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Brian J. Wilson, City Manager/Police Chief
FROM: Andy Hwang, Assistant Chief of Police
SUBJECT: Approval of the Secure Our Schools Grant Program Award
Background
The Federal Way Police Department (FWPD) and Federal Way Public Schools (FWPS) have a
long history of collaboration. The school resource officers (SROs) and the FWPS security
officers have worked together to keep the schools safe and make the learning environment
conducive to academic achievement. Over the years, it has become evident that the current UHF
(450-470 MHz) radio system, owned by FWPS, is deficient for communication within school
campuses. The SROs, school security, and school administrators use this as a primary means of
communication within the campus everyday for disruptive students, fights, medical emergencies,
and a variety of other criminal and non-criminal issues. These radios transmit well within school
buildings, but are incapable of transmitting or receiving information off campus ground�. -
Because of the small range on these radios, SROs and school security cannot communicate with
the school campuses by radio when more than a block away from the school. Additionally; the
system does not allow for intercommunication between the schools, transportation, school
security, and SROs. The deficiency in this radio system has caused significant student, staff, and
officer safety issues over the years.
The Secure Our Schools Grant, funded by the U. S. Department of Justice, Office of Community
Oriented Policing awarded a grant to the Federal Way Police Department for this project. The grant
period is from September l, 2010 to August 30, 2012. The total amount of the grant is $28,097. This
grant requires matching funds to be supplied by the receiving agency. Due to the capabilities of this
radio project, the FWPD, FWPS, and the Greater Federal Way Emergency Operations Oversight
Committee have agreed to divide the matching fund amount of $28,096 evenly between them, which
totals $9365.33.
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1100 [�ermonf NW
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Memorandum '
U. S. Department of Justice
Community Oriented Policing Services
Grants Administration Division
Secure Our Schools
To: Interim Chief of Police Andy Hwang
Federal Way, City of
From: Andrew A. Don, Assistant Director for Grants Administration
John Wells, Grant Program Specialist
Budget Prepared By: Lynette Chambliss, Grant Program Specialist
Re: Secure Our Schools Financial Clearance Memo
A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and
consistent with existing guidelines. Exceptions / Adjustments are noted below.
OJP Vendor #: 911462550 ORI #:' WA01736 DUNS #: 612509901 Grant #: 2010CKWX0654
Bud¢et Cate¢orv Pronosed Budeet Approved Budeet Adiustments Disallowed/Adiusted - Reasons/Comments
Equipment $56,193.00 $56,193.0 $ 0.00
Direct Costs: $56,193.00 $56,193.00 $0.00
---------------------------- --- - - --- - - --- -- -------- -- -- -----------
- --- ----- - -- -- ------- ----------------- ----- --- - ---------- - ----------- - -
Grand Total $56,193.00 $56,193.00 $0.00
Grand Total Federal Share: $ 28,097.00
' Applicant Share: $ 28,096.00
Cleared Date: 8/13/2010
Overall Comments:
COUNCIL MEETING DATE: November 16, 2010 ITEM #: �a
_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
_......_......._........_ ............................_........_............._..........._......._..........._...
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUBLIC DEFENSE SERVICES GRANT AWARD
POLICY QUESTION Should the Council accept the $14,497 grant from the Washington State Office of Public
Defense?
COMMITTEE N/A
CATEGORY:
❑ Consent
� City Council Business
STAFF REPORT BY: Bryant
❑ Ordinance
❑ Resolut
, Financial Services Administrator
MEETING DATE N/A
❑ Public Hearing
❑ Other
DEPT: City Manager
The City of Federal Way was recently awarded a$14,497 grant from the Washington State Office of
Public Defense (OPD) to help improve the delivery of public defense services. The award is for the
period to start January 1, 2011 and end December 31, 2011. City Staff plans to use the grant funds to
improve the quality of public defense services. Acceptance of this grant requires the City to submit a
written mid-year report to OPD no later than July 31, 201 l. The report will include information as to
how the grant funds were used and how grant funds impacted indigent defense services.
Attachments:
1. Award Letter
2. Grant Agreement
Options Considered:
1. Accept the $14,497 grant from the Washington State Office of Public Defense.
2. Decline the $14,497 grant from the Washington State Office of Public Defense.
STAFF RECOMMENDATION Accept the $14,497 grant from the Washington State Office of Public Defense.
CITY MANAGER APPROVAL: �_ ,j,,. ������ DIRECTOR APPROVAL: �_
Comnuttee Council Committee
COMMITTEE RECOMMENDATION N/A
council
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION I move approval of acceptance of the $14,497 grant from the Washington
State Office ofPublic Defense.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
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Re: C}�agter ld).101 RC:V�' .�,�s�li;cat'aoa� f'or C.aty d:�rant I�unds
17eas• 14�`a•. �,�age;.
'Tlie 'ti�'ashin�tan State Uffice Uf Pi3blic L�efense (C)�'1�) is ��le�s�r1 to �n. �t�unc� the award of itC4� 14.1(�1,0$0
Cii�� Gr�nt �unds 4o the �;ity cai'�ederal Way. 'I`he av✓arc� is in tt�e ar��o,.�e�t of �14 ��97 �S7T 115� IEl ?�� � .
En�1�5ed is a sk�art Gxant A�re�rnent for yo��r r�vie�.0 aa�d signaturc b�� an autharized rapresentativ� t�f ih� G;ity
,�f Federal �Va��. The si���ed tirant Agreemer�t sho�rla b�: retur��ed tu QPD by IVoveinber 14, 2Q 10. A cc�nfi�rmed
cupy r�vill be rnailed tc� you for your records.
The br��t ftrnds �vill be n�arled tv you ini nriid-13ecemti�x. if y�u t���nt lhe cheeft rnailed �o a dit�ere�►t person or
���'fice, �ale�se let us knoqu: If the City of i'ederal V+7ay uses s€at� BARS coding, the�e �rant tunds sh�c�lc� be
received uE��1Gr R�RS �•even�ie c.;c�c�e ��� �.ta�:2�.
�ha�tEr lU, l�1 RC:�I requires cities au�arcl�c� faanc�s tU c�era�c�nstrate l� Oi'D th�i 1.hc;y are eitl�e�• rrieeti��g �he
public defense stan�l�;rds �.e.fereatc.ed i.n RG�1V 1(};1 �l .C�3�, or that f:he iunds received are use� t� rnake appreci�le
det�aonstcable impr�vemenxs in the delivery af �iablic c�efeEise ser�vices. Accordingly, U'PI? looks i'orward tc�
receiving th� city's rt3id-y�ar re}?o�t in du�y 2(! l l(�.s reqixir�c� in l}ta Grant 1�greeEnentj, as weii as v3siti�zg your
pro�arn at least ane tirne durirF� t�3� _yeac
OF'D PiIE)�1C L���fISC �J�Y°V1C�s' It�a11d�CYS 1t'C x�`/�lla�7�C �Cf }a1'Od �ssislance tu suppvrt: tlie City oi' Federa!
'4iiay'� efforts or tn a�3sw�er c�uestiUns. Please feel free to c�tttact Kathy Kuriyama or i3a�ici llaI,ang �ct (3C0)
SS6-3164. VV� lezeik �'c��vaecl ta we�r�;iz�� w•itl� ynu.
Saneeret3�,
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e: Presiding Judge Davic� r�. L,ars�ai, Fe�ieral Way Munieip�( Court
7'f1 Capiioi ��tay So�rih � SuitE 1(}6 • P_O: Bnz 40��7 • Olyn�pia� W��h�ngton 985Q4-Q957°
Grant Agreement No. GRT11060
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee 2. Grantee Representative
City of Federal Way Bryant Enge
33325 8th Avenue South Financial Services Administrator
PO Box 9718 City of Federal Way
Federal Way, WA 98063-9718 PO Box 9718
Federal Way, WA 98063-9718
3. Office of Public Defense (OPD) 4. OPD Representative
711 Capitol Way South, Suite 106 Joanne I. Moore
PO Box 40957 Director
Olympia, WA 98504-0957 Office of Public Defense
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 985040957
5. GrantAmount 6. GrantPeriod
$14,497 January 1, 2011 through December 31, 2011
7. Grant Purpose
The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of
public defense services in Washington municipalities. See Chapter 10.101 RCW.)
The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of
this Grant and attachments and have executed this Grant on the date below to start January 1, 2011 and
end December 31, 2011. The rights and obligations of both parties to this Grant are governed by this
Grant and the following other documents incorporated by reference: Special Terms and Conditions of
the City Grant and General Terms and Conditions of City Grant.
FOR THE GRANTEE FOR OPD
Name, Title Joanne I. Moore, Director
Date Date
SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications regarding the performance of this Grant.
a. The Representative for OPD and their contact information are identified on the Face Sheet of
this Grant.
b. The Representative for the Grantee and their contact information are identified on the Face
Sheet of this Grant.
2. GRANT AWARD AMOUNT
The Grantee is awarded Fourteen Thousand Four Hundred Ninety-Seven Dollars ($14,497) to be used
for the purpose(s) described in the USE OF GRANT FUNDS below.
3. PROHIBITED USE OF GRANT FUNDS (as adopted in OPD Policy CountY/City Use of State Public
Defense Fundin�)
a. Grant funds cannot be used to supplant local funds that were being spent on public defense
prior to the initial disbursement of state grant funds.
b. Grant funds cannot be spent on purely administrative functions or billing costs.
c. Grants funds cannot be used for indigency screening costs.
d. Grant funds cannot be used for city or court technology systems or administrative equipment.
e. Grant funds cannot be used for city attorney time, including advice on public defense
contracting.
4. USE OF GRANT FUNDS
a. Grantee agrees to use the grant funds for the following purpose:
i. Reduce public defense caseloads.
b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose
other than those listed in Section 4a above.
c. Grantee agrees to use the funds in calendar year 2011. If Grantee is unable to use the funds in
2011, the Grantee agrees to notify OPD to determine what action needs to be taken.
d. Grantee agrees to deposit the grant check within fourteen days of receipt.
5. REPORT
Grantee agrees to submit a written mid-year report to OPD no later than July 31, 2011. The report
shall include, but not necessarily.be limited to, the following information: to date overview, how grant
funds have been used, how grant funds have impacted indigent defense services, and a brief summary
expenditure report.
6. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes, regulations, and court rules
• Special Terms and Conditions Of the City Grant
• General Terms and Conditions of the City Grant
GENERAL TERMS AND CONDITIONS OF THE CITY GRANT
1. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto. �
2. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendment shall not be
binding unless it is in writing and signed by personnel authorized to bind each of the parties.
3. AMERCIANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the
"ADA" 29 CFR Part 35.
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
4. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of OPD.
5. ATTORNEY'S FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
6. CONFORMANCE
If any provision of this Grant violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
7. ETHICS/CONFLICTS OF INTEREST
In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service,
Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or
conflicts of interest.
8. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
9. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the
state, from and against all claims or damages for injuries to persons or property or death arising out of
or incident to the performance or failure to perform the Grant.
10. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies
of local and state and federal governments, as now or hereafter amended.
11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part.
12. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to
compensate OPD for the noncompliance in addition to any other remedies available at law or in
eq u ity.
13. RECORDS MAINTENANCE
The Grantee shall maintain all books, records, documents, data and other evidence relating to this
Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant
period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have been
finally resolved.
14. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Grant shall be
subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor,
and state officials so authorized by law, in order to monitor and evaluate performance, compliance,
and quality assurance under this Grant. The Grantee shall provide access to its facilities for this
purpose.
15. SEVERABILITY
If any provision of this Grant or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect
without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be
severable.
16. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing.
COITNCIL MEETING DATE: November 16, 2010 ITEM #:�_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DEPUTY MAYOR DESIGNATION UNDER THE MAYOR-COUNCIL FORM OF GOVERNMENT
POLICY QUESTION SxoUL.D TxE CITY CoUNC�L ELECT A NEW DEPUT'Y MAYOR WITH THE MAYOR-
COUNCIL FORM OF GOVERNMENT BECOMING EFFECTIVE NOVEMBER 2010?
COMMITTEE N/A
CATEGORY:
❑ Consent
� City Council Business
�
�
Ordinance
Resolution
MEETING DATE:
❑ Public Hearing
❑ Other
STAFF REPORT BY: Patricia Richardson City Attorney DEPT law
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Attachments: Staff Report.
Given changing the form of government during the mid-term of the Mayor and Deputy Mayor and the
expanded duties of the Deputy Mayor under the Council Rules, the issue of Deputy Mayor is brought
before Council for discussion. Below are three options for Council to discuss.
Options Considered: l. Maintain the current Deputy Mayor and hold the election at the beginning of
2012.
2. Elect a new Deputy Mayor tonight for a term to expire beginning of 2014 in
conjunction with the elect mayor.
3. Elect a new Deputy Mayor for a term to expire at the beginning of 2012.
STAFF RECOMMENDATION: N/A
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CITY MANAGER APPROVAL: �� r li DIRECTOR APPROVAL:
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Committee Council Committee Council
COMMITTEE RECOMMENDATION:
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: `7 move approval of Option "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED-02/06l2006 RESOLUTION# _
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CITY ATTORNEY'S OFFICE
MEMORANDUM
ATTORNEY/CLIENT PRIVILEGED COMMUNICATIONS
DATE: NOVEMBER 9, 2010
TO: CITY COUNCIL MEMBERS
CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF
FROM: PATRICIA RICHARDSON, CITY ATTORNEY �(�IZ
SUBJECT: PROCEDURES FOR COMMITTEES AND CITY COUNCIL MEETING AGENDAS
With the advent of King County's certification for the Mayoral election, it may be helpful to
review the procedures for committees and City Council meeting agendas that Council adopted
earlier this year when modifying the Council Rules of Procedure.
1. Election of Deputy Mayor. Council Rule 18.2 specifies that the City Council will
elect a Deputy Mayor for two-year terms. The only change to the Rule was the
deletion of the Mayor's election.
The term of the current Deputy Mayor expires the first meeting of January 2012.
Council has the authority to suspend the Rules and elect new Deputy Mayor for a term
in conjunction with the elected Mayor's term, which will expire in January 2014; elect
a new Deputy Mayor for a term to expire in January 2012; or take no action and retain
the current Deputy Mayor until January 2012.
2. City Council Meeting Agenda Preparation. Pursuant to Council Rule 3.1 the
Deputy Mayor and the Chair of the Finance, Regional Affairs and Economic Council
Committee are responsibie for setting the City Council meeting agenda. The
appointments of the chairs are for one year and rotate in the following alphabetical
order. (1) Finance, Regional Affairs and Economic Council Committee: (2) Land
Use/Transportation Council Committee: and (3) Parks/Recreation/Human Services
and Public Safety Council Committee.
3. Advisory Boards/Commissions. The Rules did not change in regards to the advisory
boards and commissions. The City Council determines the boards and commissions
except for Civil Service and Planning Commission, which are required by State law.
The City Council also recruits, interviews and appoints the members. The Mayor is
responsible for providing staff to support the committees/boards.
4. City Council Committees. Under Rule 20 the Depury Mayor appoints Council
membexs to the City Council Committees in January of each year. The Deputy Mayor
acts the "ex-officio" for the Council Cominittees.
The Mayor or the Deputy Mayor may send issues to the Council Committee for
consideration and action. The Mayor is responsible to provide staff to support the
Council Corrunittee.
The issue before Council concerns the detexmination of the Deputy Mayor.
K:\agenda\Council\2010\staff report deputy mayor
COUNCIL MEETING DATE: November 16, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:�
SUBJECT: PROPERTY PURCHASE AND SALE AGREEMENT (PENDING CONTINGENCIES) —
CIVIC CENTER/PACC
POLICY QUESTION Should the city council continue the vision towards a vibrant city center in which the
property purchase and sale agreement with pending contingencies would be the site for a future Civic
Center/PAAC?
COMMITTEE: N/A
CATEGORY:
❑ Consent
� City Council Business
❑ Ordinance
❑ Resolution
MEETING DATE:
❑ Public Hearing
❑ Other
STAFF REPORT BY: Brian Wilson City Manager/Police Chief DEPT: CM
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Attachments: Staff report and the Purchase and Sale Agreement with contingencies.
Options Considered: N/A
STAFF RECOMMENDATION: N/A
CITY MANAGER APPROVAL: ,L.nlw-��Sv DIRECTOR APPROVAL:
Committee Council
COMMITTEE RECOMMENDATION:
Committee Council
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances on[y) ORDINANCE #
REVISED— 02/06/2006 RESOLUTION #
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CITY MANAGER'S OFFICE
MEMORANDUM
DATE: NOVEMBER � 2010
TO: CITY COUNCIL MEMBERS �/�
f�"�.J. i�-�
FROM: BRIAN J. WILSON, CITY MANAGER/POLICE CHIEF
SUBJECT: PROPERTY PURCHASE AND SALE AGREEMENT — CNIC C TER/PACC
The City's vision for a vibrant downtown with a social and economic focus was first documented in 1995 in
the Comprehensive Plan. The city council also envisioned a downtown that would provide a gathering place
for the community.
Ongoing efforts have taken place to enable this vision to come to fnution. Over time, the city council has
taken several steps to help in regards to infrastructure, obtaining other funding mechanisms to further the
vision, and making adjustments to zoning and land use regulations. This purchase and sale agreement is an
exciting piece of the master plan for the downtown.
STEPS ACCOMPLISHED
o Community visioning process over several years that cul�ninated in the CityShape document
o Adopt the Comprehensive Plan using the community basis from CityShape
o Adopt a sign code and provide for abatement process
o Significant right-of-way improvements in the downtown (median, decorative street lights)
o Significant infrastructure to address flooding
o Modified zoning and building codes for an urban design and to accommodate high rise
construction
o Adopted the multi-family tax exemption as allowed by State law
o Completed the Planned Action Environmental Impact Statement for the downtown
o Conducted regional downtown redevelopment forums
o Adopted redevelopment strategies and marketing plan
o Created a redevelopment fund
o Adopted public/private parmership policies as recommended by the public advisory
committee
o Transit Center was constructed
o Awarded the Local Infrastructure Financing Tool (LIFT) designation — State will match up
to $1 Million per year for 25 years
o Purchased the former AMC Theater site
o Received EB-5 visa "regional center" designarion
PURCHASE AND SALE AGREEMENT
The purchase and sale agreement (with pending contingencies) is another step towards accomplishing the
vision of a vibrant downtown with a gathering place. The purchase of the property is expressly contingent
upon receiving $5 Million from the State that was awarded in June 2008. The salient points of this agreement
are as follows:
o Purchase price $5,375,000.00
o State approval of the expenditure and payment of $5,000,000.00 ($375,000 from the
Ciry's redevelopment fund, which is real excise t� monies limited for only capital)
o A property line survey is completed
o The Operating Easement and Agreement, which limits development, is extinguished
o A letter from the City is submitted to the escrow agent and the owner to facilitate a
1033 exchange under the IRS
o On or before December 21, 2010, City Council must approve the purchase and
authorize the Mayor to execute the necessary closing documents
o Closing must occur no later than December 30, 2010
'I'his property is located in the center of our downtown core. The locarion and the types of acriviues
envisioned for such a facility may better be described as a civic center. Those citizens interested in the arts
will have a place; those citizens interested in gathering will have open space; and those businesses interested
in conference faciliries will have a place. The vision will service a variety of interests and will enhance
economic development opportunities in the downtown core of Federal Way.
2
NEXT STEPS
Once the sale is final, the Ciry will begin an open public process — similar to the initial visioning process — for
public input to create this asset to the community. Comtnunity and business partnerships will be explored to
bring the vision of a Civic Center/Performing Arts, and Cultural and Conference facility to fruirion.
K:\agenda\council\2010\staff report toys purchase
CB Richard Eilis ocopyr�gnf �sss-zoos ,��,/
�� ��� 1145 Broadwa Plaza, Suite 1000 Commercial Brokers Association � f�
y AN Rights Reserved
Tacoma, WA 98402
Phone: (253) 572-6355 CeA Form Ps-tA
CB RICHARD ELLlS Fax: (253) 596 PurchasP 9Sa;e�/03
COMMERCIAL & INVESTMENT REAL ESTATE
PURCFlQSE & SALE AGREEMENT
CBA Text Disclaimer. Te�R deleted by licensee indicaied by strike.
New text inserted by licensee inacated by small capital letters.
Reference Date: November 6, 2010
Citv of Federai Wav ("Buyer") agrees to buy and Pai-Do Com�any, Inc ("Seiler") agrees to selt, on the following terms,
the commerciai reai estate and all improvements thereon (coliectively, the "Property') commonly known as Tovs R Us
aro�erty located 31510 20� Ave S in the City of Federal Wav, Kina County, Washington, 98003 Zip, legatly described
on attached Exhibit A. The Reference Date above is intended to be used to reference this Agreement, and is not the
date of "Mutual Acceptance." Mutual Acceptance is defined in Section 23 below_
1. PURCHASE PRICE. The total purchase price is Five Million Three Hundred Seventv Five Thousand Dollars
($5.375.000.00) payable as follows (check only one):
❑ All cash at closing with no financing contingency.
❑ All eash at closing contingent on new financing in accordance with the Financing Addendum (attach CBA
Form PS_FIN).
❑$ / % of the purchase price in cash at closing with the balance of the purchase price paid as
follows (check one or both, as applicable): � Buyer's assumption of the outstanding principal balance as of
the Closing Date of a first lien note and deed of trust (or mortgage), or real estate contract, in accordance with the
Financing Addendum (attach CBA Form PS_FIN); ❑ Buyer's delivery at closing of a promissory note for the
Balance of the purchase price, secured by a deed of trust encumbering the Property, in accordance with the
Financing Addendum (attach CBA Form PS_FIN ).
� Other: All cash at closin4 subiect to buver obtaininq Washinaton State qrant per continqencv addendum.
2. EARN.EST MONEY. The earnest money in the amount of $ shaU be in the form of � Cash ❑ Personal
check ❑ Promissory note (attached CBA Form EMN) ❑ Other:
The earnest money shall be held by ❑ Selling Licensee � Closing Agent.
Buyer shall deliver the earnest money no later than:
� 5 days after Mutual Acceptance.
❑ On the last day of the Feasibility Period defined in Section 5 below.
❑ Other:
Selling Licensee may, hawever, transier the eamest money to Clasing Agent.
{f the earnest money is to be held by 5elling Licensee and is over $10,000, it shall be deposited to: ❑ Selling
Licensee's pooled trust account (with interest paid to the State Treasurer) ❑ A separate interest bearing trust
account in Selling Licensee's name. The interest, if any, shall be credited at closing to Buyer. ff this safe fails to
close, whoever is entitled to the eamest money is entitled to interest_
Selling Licensee shall deposit any check to be held by Selling Licensee withm 3 days after receipt or Mutual
Acceptance, whichever occurs later. Buyer agrees to pay financing and purchase costs incurred by Buyer. Unless
otherwise provided in this Agreement, the earnest money shafl be applicable to the purchase price.
3. EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement:
� Exhibit A- �egal Description P� 4
❑ Earnest Money Promissory Note, CBA Form EMN
INITIALS: Buyer �. �yl��+ Date �$1sl��r`� Se91er � � � Date �� �v —��
Date Seller Date
�BRE
CB RICHARD ELLIS
CB Hichard Etlis
1145 Broadway Plaza, Suite 1000
Tacoma, WA 98402
Phone: (253) 572-6355
Fax: (253) 596-0059
m CopyrigM 1999 - 2005
Commerciat Brdcers A.asociatlon
All Rights Reserved
CBA Form PS_tA
Purchase 8 Sale Agreement
a�. �ro�
Page 2 aF 13
COMMERCIAL & fNVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
❑ Promissory Note, LPB Form No. 28A/CBA Form N1-A
❑ Short Form Deed of Trust, LPB Form No. 20
❑ Deed of Trust Rider, CBA Form DTR
❑ Utility Charges Addendum, CBA Form UA
� FIFiPTA Certification, CBA Form 22E
❑ Assignment and Assumption, CBA Form PS-AS
❑ Addendum/Amendment, CBA Form PSA
❑ Back-Up Addendum, CBA Form BU-A
❑ Vacani Land Addendum, CBA Form VLA
❑ Financing Addendum, CBA Form PS_FIN
❑ Tenant Estoppel Certificate, CBA Form PS_TEC
❑ Defeasance Addendum, CBA Form PS_D
� Other Exhibit B-Continqency Addendum
4.
5.
M��
SELLER'S UNDERLYING FINANCENG. Unless Buyer is assuming Seller's underlying financing, Seller shalt be
responsible for confirming the existing underlying financing is not subject to any "tock out" or similar covenant
which would prevent the lender's lien from being released at closing. In addition, Seller shall provide Buyer notice
priar to the end of the Feasibility Period if Seller is required to substitute securities for the Property as collateral for
the underlying financing (known as "defeasance"). If Seller provides this notice of defeasance to Buyer, then the
parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different
process identified in Sellers defeasance notice to Buyer_
FEASIBILITY CONTINGENCY. Buyers obligations under this Agreement are conditioned upon Buyer's
satisfaction in Buyer's sole discretion, concerning all aspects of the Property, including its physical condition; the
presence of or absence of any hazardous substances; the contracls and leases affecting the property; the
potential financial performance of the Property; the availability of government permits and approvals: and the
feasibility of the Property for Buyer's intended purpose. This Agreement shall terminate and Buyer shall receive a
refund of the earnest money unless Buyer gives written notice to Seller within 40 days (30 days if not filled in) of
Mutual Acceptance stating that this condition is satisfied. If such notice is timely given, the feasibility contingency
stated in this Section 5 shall be deemed to be satisfied. As used in this Agreement, the term "Feasibility Period"
shall mean the period beginning upon Mutual Acceptance and ending upon the satisfaction or waiver of ihe
feasibility contingency.
a. Books, Records, Leases, Agreemerrts. Seller shall make available for inspection by Buyer and its agents
within 5 days (2 days if not filled in) after Mutual Acceptance all documents in Seller's possession or control
relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other
statements of value, and including: statements for real estate taxes, assessments, and utilities for the last three
years and year to date; property management agreements and any other agreements with professionals or
consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-
suite schedule of tenants, rents, prepaid rents, deposits and tees; plans, specifications, permits, applications,
drawings, surveys, and studies; and maintenance records, accounting records and audit reports for the last three
years and year to date; and "Vendor Contracts" which shall include maintenance or senrice contracts, and
installments purchase contracts or leases of personal property or fixtures used in connection with the Property.
Buyer shall determine within the Feasibility Period: (i) whether Seller will agree to terminate any objectionable
Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulfin�c from the
/v �
INITIALS: Buyer ,U•�✓�1N" Date ��e��.lO/E� _Seller /"' g ' �' Date �� e""��
Date Setler Date
CB Richard Ellis � covyr�nc �sss - zoos ,,,
� � � � Commercial Brakers Associatlon �.��
1145 Broadway Plaza, Suite 1000 AII RigMs Resarved
Tacoma, WA 98402
Phone: (253} 572-6355 CBA Fortn PS_1A
CB RICHARD ELLIS Fax:(253}596-0059 Purchase&SaleA
Page 3 of t3
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
termination of objectionable Vendor Contracts. Buyer's waiver of the Feasibility Contingency shali be deemed
Buyer's acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be
solely responsible for obtaining any required consenls to such assumption and the payment of any assumption
fees. Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur
any out-of-pocket expenses or liability in doing so. Seller shall transfer the Vendor Contracts as provided in
Section 17 of this Agreement. Any leases, contract or agreements that run with title to the Property are
addressed in Section 6(b) be►ow.
b. Access. Seller shal{ permit Buyer and its agents, at Buyer's sole expense and risk to enter the Property at
reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections conceming the
Property and improvements, including without limitation, the structural condition of improvements, hazardous
materials, pest iniestatian, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibiliry of
the Property for Buyer's intended use. Buyer shall schedule any entry onto the Property with Se{ler in advance
and shall comp{y with Seller's reasonable requirements including those relating to security, confidentiatity, and
disruption of Seller's tenants. Buyer shall not perform any invasive testing including environmental inspections
beyond a phase I assessment or contact the tenants or property management personnel without obtaining the
Se�ler's prior written consent, which shall not be unreasonably withheld. Buyer shall restore the Property and
improvements to the same condition they were in prior to inspection. Buyer shall be solely responsible for all
costs of its inspectiorzs and feasibility analysis and has no authority to bind the Property for purposes of statutory
liens. Buyer agrees to indemnify and defend Seller from al! liens, costs, claims, and expenses, including
att�rneys' and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its
agents. This agreement to indemnify and defend Seller shall survive closing. Buyer may continue to enter the
Property in accordance with the foregoing terms and conditions after removal or satisfaction of the feasibility
contingency only for the purpose of leasing or to satisfy conditions of financing.
c. Buyer waives the right to receive a seller disclosure statement ("Form 17") if required by Chapter 64_06 RCW.
However, if Seller would otherwise be required to provide Buyer with a Form 17, and if the answer to any of the
questions in the section of the Form 17 entitled "Environmental" would be °yes," then buyer does not waive the
receipt of the "Environmenta!" section of the Form 17 which shall be provided by Seller.
6. TITLE INSURANCE.
a. Title Report. Seller authorizes Buyer, its Lender, Listing Agent, Selling Licensee and Closing Ageni, at
Seller's expense, to app{y for and deliver to Buyer a ❑ standard � extended (standard, if not completed)
coverage owner's policy of title insurance. If an extended coverage owner's policy is specified, Buyer shall pay the
increased costs associated with that policy including the excess premium over that charged for a standard
coverage policy, and the cost of any survey required by the title insurer. The title report shalt be issued by
Chicaqo Tiile and Escrow (Seller's choice, ii noi completed).
b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any
supplemental report within the earlier of: (1) twenty (20) days after mutual acceptance of this Agreement; or (2)
the expiration of the Feasibility Period. This Agreement shall terminate and Buyer shall receive a refund of the
earnest money, less any costs advanced or committed for Buyer, unless within five (5) days of Buyer's notice of
such objections (1) Seller agrees to remove all objectionable provisions or (2) Buyer notities Seller that Buyer
waives any objections which Seller does not agree to remove. 1f any new iitte matters are disclosed in a
supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new
title matters except that Buyer's notice of objections must be delivered within iive (5} days of delivery of the
INlT1ALS: Buyer �• �kT�✓� Date __//�f��ld/v Seller ' � • G _ Date _�"�! ~ � v
Date 5eller __ Date
CB Richard Ellis OCopyrigM 1999 2005 �
���� 1145 Broadwa Plaza, Suite 1000 �marcial Brdcers Association
y nu a�9na Reger�ed
Tacoma, WA 98402
Phone_ (253) 572-6355 CBA Form PS_tA
CB RICHARD ELLIS Fax:(253)596-0059 PurchaseBSa
Page 4 0! 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
supplementai report and Seller's response or Buyer's waiver must be delivered within two (2} days of Buyer's
notice of objections. The closing date shall be extended to the extent necessary to permit time for these notices.
Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for real property
taxes, and the same shall not be deemed to be Permitted Exceptions; provided that the lien securing any
financing which Buyer has agreed to assume shall be a Permitted Exceptian. Except fot the foregoing, those
provisions not objected to or for which Buyer waived its objections shalf be referred to collectively as the
"Permitted Exceptions." Seller shall cooperate with Buyer and the title company to clear objectionabte titte
matters but shall not be requrred to incur any out-of-pocket expenses or liabi(ity other than payment oi monetary
encumbrances not assumed by Buyer and proration of real property taxes, and Seller shall provide an owner's
affidavit containing the information and reasonable covenants requested by the title company. The title policy shall
contain no exceptions other than the General Exclusions and Exceptions common to such forrn of policy and the
Permitted Exceptions.
CLOSING OF SALE. This sale shall be closed on no (ater than December 31, 2010 ("closing") by Chicaao Title
and Escrow ("Closing AgenY'j (Se(ler shall select the Closing Agent, if not completed). Buyer and Seller shall
deposit with Closing Agent by Noon on the scheduled closing date all instruments and monies required to
complete the purchase in accordance with this Agreement. "Closing" shall be deemed to have occurred when the
deed is recorded and the sale proceeds are available to Seller. Time is oi ihe essence in the performance of this
Agreement. Sale proceeds shalt be considered available to Seller notwithstanding they may not be disbursed to
Seller until the first business day following closing_ Notwithstanding the foregoing, if Seller informed Buyer during
ihe Feasibility Period that Seller's underlying financing reguires that it be defeased and may not be paid off, then
closing shall be conducted in accordance with the three-day closing process described in CBA Form PS_D. This
Agreement is intended to constitute escrow instructions to Closing Agent. Buyer and Seller will provide any
supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement.
CLOSING COSTS AND PRORA710NS. Seller shall deliver an updated rent roll to Closing Agent not later than
two (2} days before the scheduled closing date in the form required by Section 5(a) and any other information
reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for closing.
Seller certiiies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay
the premium for the owner's standard coverage title policy. Buyer shall pay the excess premium attributable to
any extended coverage or endorsemenis requested by Buyer, and the cost of any survey required in connection
with ihe same. Seller and Buyer sha{I each pay one-half of the escrow fees. Real estate excise taxes shalt be
paid by the party who bears primary responsibility for payment under the applicable statute or code, which is
typically Seller. Real and persona► property taxes and assessments payabfe in the year of closing; collected rents
on any existing tenancies; interest; utiiities; and other operating expenses shall be pro-rated as of closing. If
tenants pay any of the foregoing expenses directly, then Closing Agent shall only pro rate those expenses paid by
Seller. Buyer shall pay to Seller at closing an additional sum equal to any utility deposits or mortgage reserves for
assumed financing for which Buyer receives the benefit after closing. Buyer shalf pay aif costs of financing
including the premium for the lender's title policy. The real estate commission is due on closing or upon Seller's
default under this Agreement, whichever occurs first, and neither the amount nor due date thereof can be
changed without Listing Agent's written consent. If the Property was taxed under a deferred classification prior to
closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or similar items which result from
removal of the Property from the deferred classification. At closing, all refundable deposits on tenancies shall be
credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law. Buyer shall
pay all sales or use tax applicable to the transfer of personal property included in the sale.
7.
8.
INITIALS: Buyer —_� � � Date ___....���.,��1�_.__._Seller ' � • G Date �� � vv �v
Buyer __ _____ Date _ Seller Date
��Ii�E
CB RICHARD ELLIS
CB Richard Ellis
1145 Broadway Plaza, Suite 1000
Tacoma, WA 98402
Phone: (253) 572-6355
Fax: (253) 596-0059
O Copyright 7 999 - 2005 �,/
Commercial Brokers Associatlon � ��t���
NI RigMs Reserved �•a1.7•1
CBA Form PS_tA
Purchase & Sale Agreement
R�. �ro�
Page 5 0( 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
a. Unpaid Utility Charges. Buyer and Seiler � WAIVE ❑ DO N�T WAIVE the right to have the Closing
Agent disburse closing funds necessary to satisfy unpaid utility charges aifecting the Property pursuant to RCW
60.80. If "do not waive" is checked, then attach CBA Form UA ("Utility Charges" Addendum). If neither box is
checked, then the 'do �ot waive" option applies.
9. POST-GLOSING ADJUSTMENTS, COLLECTIONS, AND PAYMENTS. After closing, Buyer and Seller shall
reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items
were prorated or credited at closing based upon estimates. Any bills or invoices received by Buyer after closing
which re{ate to services rendered or goods delivered to the Seller or the Property prior to closing shall be paid by
5eller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be
reimbursed the amount paid plus interest at the rate of 12% per annum beginning fiReen (15} days from the date
of Buyer's written demand to Sel{er for reimbursement until such reimbursement is made. Notwithstanding the
foregoing, if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual
amount of those expenses, then Buyer shall be entitled to any surplus and shatl be liable for any credit resulting
from the reconciliation. Rents collected from each tenant after closing shall be applied first to rentals due most
recently from such tenant for the period after closing, arrd the balance shall be applied for the benetit of Selfer for
delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned
over by Buyer to Seller promptly after receipt. Seller shal{ be entiUed to pursue any lawful methods o1 collection of
delinquent rents but shall have no right to evict tenants after closing.
10. OPERATIONS PRIOR TO CLOSING. Prior to closing, Se{ler shall continue to operate the Property in the
ordinary course of its business and maintain the Property in the same or better condition than as existing on the
date of Mutual Acceptance, but shall not be required to repair materiat damage from casualty except as othervvise
provided m this Agreement. After the Feasibility Period, Seller shall �ot enter into or modify existing rental
agreements or leases (except that Seller may enter into, modify, extend, renew or terminate residential rental
agreements or residential leases in the ordinary course of its business), service contracts, or other agreements
affecting the Property which have terms extending beyond closing without iirst obiaining Buyer's conseni, which
shall not be unreasonably withheld.
17. POSSESSION. Buyer shall be entitled to possession � on closing ❑ (on closing, if not completed).
Buyer shalt accept possession subject to all tenancies disclosed to Buyer during the Feasibility Period.
12. SELLER'S REPRESENTATIONS. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of
the feasibility contingency stated in Section 5 above, including in the books, records and documents made
available to Buyer, or in the title report or any supplemental report or documents referenced therein, Seller
represents to Buyer that, to the best of Seller's actual knowledge, each of the following is true as of the date
hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations
under the Agreement; (b) The books, records, leases, agreements and other items delivered to Buyer pursuant to
this Agreement comprise all material documents in Seller's possession or control regarding the operation and
condition of the Property; (c) Seller has not received any written notices that the Property or the business
conducted thereon violate any applicable laws, regulations, codes and ordinances; (d) Seller has all certificates of
occupancy, perrnits, and other governmental consents necessary to own and operate the Property for fts current
use; (e) There is no pending or threatened litigation which would adversely affeci the Property or Buyer's
ownership thereof after closing;
the Property is not within the boundaries of any planned or authorized local
improvement district; (g) Seller has paid (except to the extent prorated at closing) alt local, state and federal taxes
(other than real and personal property taxes and assessments described in Section 8 above) attributable to the
INITIALS: Buyer �l . �w�`��"'� Date �'��dt�}/t� S�il�r /- � Date ��" �Q
Buyer Date _ 5eller Date
�BRE
CB RICHARD EL.LIS
CB Richard Eilis
1145 Broadway Plaza, Suite 1000
Tacoma, W A 98402
Phone: (253) 572-6355
Fax: (253) 596-0059
� Copyright 1999 - 2005 �
Commerciai 8rokers Association
All Rights Reserved
CBA Fortn PS_tA
Purchase & Sale Agreement
RB�. �ro�
Page 6 of 13
COMMERCIAL & tNVESTMENT REAL ESTATE
PURCHASE dc SALE AGREEMENT
(CONTINUED)
period prior to closing which, if not paid, couid constitute a lien on Property {inc(uding any personal property), or
for which Buyer may be held liable after closing; (h) Seller is not aware of any concealed material defects in the
Property except as disctosed to Buyer in writing during the Feasibility Period; (i) There are no Hazardous
Substances (as defined below) currentty located in, on, or under the Property in a manner or quantity that
presentty violates any Environmental Law (as defined below); there are no underground storage tanks located on
the Property; and there is no pending or threatened investigation or remedial action by any governmental agency
regarding the relsase of Hazardous Substances or the violation of Environmental Law at the Property. As used
herein, the term "Hazardous Substances" shall mean any substance or material now or hereafter defined or
regulated as a hazardous substance, hazardous waste, toxic substance, pollutaM, or contaminant under any
federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected
harm to human health or the environment ("Environmental Law"). The term "Hazardous Substances" specifically
includes, but is not limited to, petroleum, petroleum by-products, and asbestos.
0
13. AS-IS. Except for those representations and warranties specifically included in this Agreement: (i) Seller makes
no representations or warranties regarding the Property; (ii) Seller hereby disclaims, and Buyer hereby waives,
any and all representations or warranties of any kind, express or implied, concerning the Property or any portion
thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of
hazardous material on site, occupancy rate or any other matter of similar or dissimilar nature relating in any way
to the Property, including the warranties of fitness of a particufar purpose, tenantability, habitability and use; (iii}
Buyer otherwise takes the Property "AS IS;" and (iv) Buyer represents and warrants to Seller that Buyer has
sufiicient experience and expertise AND �HjfeF�BUYER 1S RELYING ��FeGy on its own
pre-closing inspections and investigations.
14. PERSONAL PROPERTY.
a. This sa�e includes all right, title and interest of Seller to the following tangibte personal property: � None
❑ That portion of the personat property located on and used in connection with the Property, which Seller will
itemize in an Addendum to be attached to this Agreement within ten (10) days of Mutual Acceptance (None, if not
completed). The value assigned to the persona! property shall be $ (if not completed, the County-assessed
value if available, and if not available, the fair market value determined by an appraiser selected by the Listing
Agent and Selling Licensee). Seller warrants title to, but not the condition of, the personal property and shall
convey it by bill of sale.
b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a) above, this safe
includes all right, titte and interest of Seller to the foflowing intangible property now or hereafter existing with
respect to the Property including without limitation: all rights-of-way, rights of ingress or egress or other interests
in, on, or to, any land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or
adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other
INITIALS: Buyer �.l✓�/Jw� Date /i d s��a��� �•L �atB //-06
Buyer � _.�. ...... . Da1e Seller Date
�BRE
CB RICFfARD ELLIS
CB Richard Ellis
1145 Broadway Plaza, Suite 1000
Tacoma, WA 98402
Phone: (253) 572�355
Fax: (253) 596-0059
� Copyright 1999 n 2005 �
Comrt�ertial Brokers Association
Ali Rights Reserved
C8A fortn PS_1A
Purchase 8 Sale Agreement
R�. �ro�
Page 7 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(GONTINUED)
architecturai or engineering work product; all governmental permits, certificates, licenses, authorizations and
approvals; all rights, claims, causes of action, and warranties under contracts with contractors, engineers,
architects, consultants or other parties associated with the Property; all utility, security and other deposits and
reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone
numbers for the Property and related trademarks, senrice marks or trade dress; and guaranties, warranties or
other assurances of performance received.
15. CONDEMNATION QND CASUALTY. Seller bears all risk of loss until closing, and thereafter Buyer shall bear the
risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on
the Property are destroyed �r materially damaged by casuafty before closing, or if condemnation proceedings are
commenced against all or a portion of the Froperty before closing. Damage will be considered material if ihe cost
of repair exceeds the (esser of $100,000 ar five percent (5%) of the purchase price stated in this Agreement.
Altematively, Buyer may elect to proceed with closing in which case at closing Seller shall assign to Buyer all
claims and right to proceeds.under any property insurance policy and shall credit to Buyer at closing the amount
of any deductible pravided for in the policy.
16. FIRPTA - TAX WITHHOLDING AT CLOSING. Closing Agent is instructed to prepare a certification (CBA or
NWMLS Form 22E, or equivalent} that Seller is not a"foreign person" within the meaning of the Foreign
Investmerrt in Real Property Tax Act. Seller agrees to sign this certification. If Seller is a foreign person, and this
transaction is not othervvise exempt from FIRPTA, Closing Agent is instructed to withhotd and pay the required
amount to the Internal Revenue Service.
17.CONVEYANCE. Title shall be conveyed by a Statutory Warranty Deed subject only to the Permitted F�cceptions.
If this Agreement is for conveyance of Seller's vendee's interest in a Real Estate Cantract, the Statutory Warranty
Deed shall inctude a contract vendee's assignment sufficient to convey after acquired title. At cbsing, Seller and
Buyer shall execute and deliver to Ctosing Agent GBA Form No. PS-AS Assignment and Assumption Agreement
transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a) and all intangible
property transferred pursuant to Section 14(b).
18. NOTICES AND COMPUTATION OF TIME. Unless otherwise specified, any notice required or permitted in, or
related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller
must be signed by at least one Buyer and must be delivered to Seller and Listing Agent with a courtesy copy to
any other party identified as a recipient of notices in Section 28 of this Agreement. A notice to Seller shall be
deemed delivered only when receiveci by Seller, Listing Agent, or the licensed office of Listing Agent. Notices to
Buyer must be signed by ai least one Seller and must be delivered to Buyer with a copy to Selling Licensee with a
courtesy copy to any other party identified as a recipient of notices in Section 28 of this Agreement. A notice to
Buyer shall be deemed delivered only when received by Buyer, Selling Licensee, or the licensed office of Selling
Licensee. Selling Licensee and Listing Agent have no responsibility to advise of receipt of a notice beyond either
phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in
this Agreement. Buyer and Sefler must keep Selling Licensee and Listing Agent advised of their whereabouts to
receive prompt notification of receipt of a notice_ If any party is not represented by a licensee, then notices must
be delivered to and shall be effective when received by that party.
Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean Pacific Time and
shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the
specified period of iime, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW i.16.050, in
which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or (egal
holiday. Any specifiecf period of five (5) days or less shall not include Saturdays, Sundays or legal holidays.
INITIALS: Buyer �.L.�tlx ................._ Date /� D d/J s�ie��•�• Date // —o �/a
Date Seller Date
����
CB RtCHARD ELLIS
CB Richard Ellis
1145 Broadway Plaza, Suite 1000
Tacoma, WA 98402
Phone: (253} 572-6355
Fax: (253) 596-0059
� Copyright 1999 - 2005 �
Commercial Brokers Assoeiation
All Righls Resarved
CBA Fortn PS_lA
Purchase & Sale Agreement
R�. �ro�
Page 8 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
Notwithstanding the foregoing, references to specific dates or times or number oi hours shall mean those dates,
times or number of hours.
19. AGENCY D{SCLOSURE. At the signing of this Agreement,
Seiling Licensee N/A
represented N/A
and the Listing Agent Yeh-Hee Hahn of CB Richard Ellis Inc
represented Seller.
If Selling Licensee and Listing Agent are different salespersons affiliated with the same Broker, then Seller and
Buyer confirm iheir consent to Broker acting as a dual agent. If Selling Licensee and Listing Agent are the same
person representing both parties, then Seller and Buyer confirm their consent to that person and his/her Broker
acting as dual agents. If Selling Licensee, Listing Agent, or their Broker are dual agents, then Seller and Buyer
consent to Selling Licensee, Listing Agent and their Broker being compensated based on a percentage of the
purchase price or as otherwise disclosed on an attached addendum. Buyer and Seller confirm prior receipt of the
pamphtet entitled "The Law of Real Estate Agency."
20. ASSIGNMENT_ Buyer ❑ may � may not (may not, if not completed} assign this Agreement, or Buyer's
rights hereunder, without Seller's prior written consent, unless provided otherwise herein. If the "may not" option
is selected and the words "and/or assigns" or similar words are used to identify the Buyer, then this Agreement
may be assigned with notice to Seller bu1 without Seller's consent only to an entity which is controlled by or under
common control with the Buyer identified in this Agreement. Any other assignment requires Seller's consent. The
party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement
notwithstanding any assignment and, ii this Agreement provides for Seller to finance a portion of the purchase
price, then the party identified as the initial Buyer shall guarantee payment of the Seller financing.
21. DEFAULT AND ATTORNEY'S FEE.
a. Buyer's default. In the event Buyer fails, wiihout legal excuse, to complete the purchase of the Properry,
then (check one):
� Seller may terminate this Agreement and keep the eamest money as liquidated damages as the sole and
exclusive remedy available to Seller for such failure; or
❑ Seller may, at its option, (a} terrninate ihis Agreement and keep as liquidated damages the earnest money as
the sofe and exclusive remedy available to Se11er for such failure, (b) bring suit against Buyer for Seller's actual
damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue
any other rights or remedies available at law or equity.
b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the Property, then
(check one):
� As Buyer SOI@ AND EXCLUStVE feITl2dy SHALL BE L/M1TED TO THE RETURN OF THE EARNEST MONEY AND
TERMINATION OF THlS AGREEMENT.,
INITIALS: Buyer � �. +ll�_ Date J/ � � sener � • 'g • �- Date ��— a 6 �� °
Buyer Date Seller Date
����
GB RICHARD ELLIS
CB Aichard Eilis
1145 Broadway Plaza, Suite 1000
Tacoma, WA 98402
Phone: (253} 572-6355
Fax: (253) 596-0059
� Copyri�t 1999 - 2005 �
Commercial 8rokers Associatlon
Ail Righis Reserved
CBA Form PS_1A
Purchase 8 Sale Agreement
a�. �ro�
Page 9 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED}
❑ Buyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to specifically
enforce this Agreement and recover any incidentai damages, or (c) pursue any other rights or remedies available
at law or equity.
Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer or Setler inst+tutes suit
against the other concerning this Agreement, the prevailing party �s entitled to reasonable attorneys' fees and
expenses. In the event of trial, the amount of the attorney's fee shall be fixed by the court. The venue ot any suit
shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the state
where the Property is located.
22. MISCELLANEOUS PROVISIONS.
a. Complete Agreement. The Agreement and any addenda and exhibits to it state the entire understanding of
Buyer and Seller regarding the sale of the Property. There are no verbal or other written agreements which modify
or affect the Agreement.
b. Counterpart Signaiures. The Agreement may be signed in counterpart, each signed counterpart shall be
deemed an original, and all counterparts together shall constitute one and the same agreement.
c. Electronic Defivery. Electronic de{ivery of documents (e.g., transmission by facsimi►e or email) including
signed offers or counterolfers and notices shall be tegally sufficient to bind the party the same as delivery of an
original. At the request of either party, or the Closing Agent, the parties will replace electronically delivered offers
or counteroffers with origina! documents.
d. Section iO31 Like-Kind Exchange. If either Buyer or Seller irdends for this transaction to be a part of a
Section iO31 like-kind exchange, then the other party agrees to cooperate in the completion of the like-kind
exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses
(including attorneys fees and cosis) incurred by the cooperating party that are related only to the exchange are
paid or reimbursed to the cooperating party at or prior to closing_ Notwithstanding Section 2Q above, any party
completing a Section 1031 fike-kind exchange may assign this Agreement to its qualified intermediary or any
entity set up for the purposes of completing a reverse exchange.
23. ACCEPTANCE; COUNTEROFFERS. Seller has until midnight o( November 6, 2010 (if not filled in, the third
business day following the last Buyer signature date below) to accept this otfer, unless sooner withdrawn. If this
offer is not timely accepted, it sha{I lapse and the earnest money shall be refunded to Buyer. Ii either party makes
a future counteroifer, the other party shall have until 5:00 p.m. on the business day (if not filled in, the
second business day) following its receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer
is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to the
Buyer. No acceptance, offer or counterotfer from the Buyer is effective until a signed copy is received by the
Seller, the Listing Agent or the licensed office of the Listing Agent_ No acceptance, offer or counteroffer from the
Seller is effective until a signed copy is received by Ehe Buyer, the Selling Licensee or the licensed office of the
Selling Licensee. "Mutual Acceptance" shalt occur when the last counteroffer is signed by the offeree, and the
fuAy-signed counterof(er has been received by the offeror, his or her licensee, or the licensed office of the
licensee. If any party is not represented by a licensee, then notices must be delivered to and shall be effective
when received by that party.
� ` // — 0 6 /o
irwria,�s: B�ye� __�_L�+�l�-----_ �ate ___ //of��dcVo_ .___- -s�ie� /`' • 3 • aare ---
Buyer __ Date Seller Date
CB Richard Etlis � Copyright 1999 - 2005 ,,�„ �/
����� 1145 Broadwa Piaza, Suite 1000 �merciai Brokers Associa[bn ( ��
y All flights Reserved
Tacoma, WA 98402
Phone: (253) 572-6355 CBA Form PS_t A
GB RICHARD ELLIS Fax:(253)596-0059 Purchased
Page t0o113
COMMERCIAL & INVESTMENT REAL ESTATE
PURCNASE & SALE AGREEMENT
(CONTINUED)
24. INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within
ten (10) days of Seller's written requesi copies of atl materiats received from Seller and any non-privileged plans,
studies, reports, inspections, appraisals, surveys, drawings, permits, application or other development work
product relating to the Property in Buyer's possession or conirot as of the date this Agreement is terminated.
25. CONFIDENTIALI7Y. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable
measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and
performance of this Agreement. fVeither party shall use or knowingly permit the use of any such information in
any manner detrimental to the other party.
26. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms
and conditions herein, and further agrees to pay a commission in a toial amount computed in accordance with the
listing or commission agreement. If there is no written listing or commission agreement, Setler agrees to pay a
commission of % of the sales price or $ . The commission shall be apportioned between Listing Agent
and Seqing Licensee as specified in the list+ng or any cabrokerage agreemerrt. If there is no listing or written co-
brokeraga agreement, then Listing Agent shall pay to Selling Licensee a commission of 9'0 of the sales price
or $ . Seller assigns to Listing Agent and Selling Licensee a portion of the sales proceeds equal to the
commission. if the earnest money is retained as liquidated damages, any costs advanced or committed by Listing
Agent or Selling Licensee for Buyer or Seller shall be reimbursed or paid therefrom, and the balance shall be paid
one-half to Seller and one-half to Listing Agent and Selling Licensee according to the listing agreement and any
co-brokerage agreement. fn any action by Listing Agent or Selling Licensee to enforce this Section, the prevailing
party is entitled to reasonable attomeys' fees and expenses. Neither Listing Agent nor Selling Licensee are
receiving compensation from more than one party to this transaction unless disclosed on an attached addendum,
in which case Buyer and Seller consent to such compensation. The Property described in attached Exhibit A, is
commercial real estate. Notwithstanding Section 25 above, the pages containing this Section, the parties'
signatures and an attachment describing the Property may be recorded.
27. LISTING AGENT AND SELLING LICENSEE DISCLOSURE. EXCEPT AS OTHERWISE DISCLOSED IN
WRITING TO BUYER OR SELLER, THE SEIIING LICENSEE, L15TING AGENT, AND BROKERS HAVE NOT
MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION
CONCERNING THE LEGAL EFFECT OF 7HIS AGREEMENT, BUYER'S OR SE�LER'S FINANCIAL
STRE(�1GTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS, OR OTHER
MATTERS RELATfNG TO THE PROPERTY, {NCLUDING WITHOUT LIMITATtON, THE PROPERTY'S ZONING,
BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING
ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOX1C MATERIALS INCLUDING MOLD
OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADViSED TO ENGAGE C)UALIFIED EXPERTS
TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO
SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT.
INITIALS: Buyer - �I �•... _ oace _....!�� ��....._._.._._......._..5e1ler � �--- _ Date // -� a 6 /�
Buyer Date Sefler Date
CB Richard Ellis OCopyright 1999-2005 �
����� 1145 Broadwa Piaza, Suite 1000 Commercial Brokers Association
}� Ali Righls Reserved
Tacoma, WA 98402
Phone: (253) 572-6355 purchase & Sale Ag � ement
CB RiCHARD E�LIS Fax: (253) 596-OU59 R�. �ro7
Page 11 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
28. IDENTIFICATION OF THE PARTIES. The following is the coniact information for the parties invofved in this
Agreement:
Buver
Contact: Brian Wilson, Citv Manager of Federai Wav
Address: PO Box 9718 Federal Wav. WA 98063
Business Phone: 253-835-2410
Mobile Phone•
Fax•
Email: brian.wilson�cityoffederalwav.com
Sellina Licensee
Name•
Address:
Business Phone:
Mobile Phone•
Email:
Fax:
MLS Office No.:
Courtesv Copv of Notices to Buver to:
Name: Patricia A. Richardson. City Attornev
Address: PO Box 97tB Federal Wav, WA 98063
Business Phone: 253-835-2562
Fax: 253-835-2569
Mobile Phone
Email: pat.richardson�citvoffederalwav.com
Seiler
Contact: Pal-Do Companv Inc
Address: 9802 32 Ave S. Lakewood, WA 98499
Business Phone: 253-589-2070
Mobile Phone:
Fax-
Email: ceobrian � hoimail.com
Listiny Aqent
Name: Yeh-Hee Hahn of CB Richard Epis Inc
Address: 1145 Broadwav Suite 1000 Tacoma, WA
98402
Business Phone: 253-596-0055
Mobile Phone: 253-230-2412
Email: yeh-hee_hahn�cbre.com
Fax: 253-596-0059
MLS Office No.:
Courtesv Copv of Notices to Seller to:_
Name:
Address:
Business Phone:
Fax-
Mobite Phone:
Email:
INITIALS: Buyer �- G✓� Date / 1iS Seller
ewer Date __Seller
/3_ � //—�lS /°
Date _
Date
c
����
CB RICHARD ELLIS
CB Richard Ellis
1145 Broadway Plaza, Suite 1000
Tacoma, WA 98402
Phone: (253) 572-6355
Fax: (253} 596-0059
� Copyright 1999 - 2005
Commercial Brokers Assoaatio�
All Rights Reserved
CBA Form PS_tA
Purchase 8 Sale Agreement
Rev 7ro7
Page 12 ot 13
COMMERC{Al & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
IIV WITNESS WHEREOF, the parties have signed this Agreement intending to be bound.
Buyer �� vi �../, �, �� � C"� #+. 1 � �� CJce,. Buyer
Pr3nted name �type of entity �—
Buyer �"-`` C � ��uyer _
Signature a d tiUe
Date signed /1 U��/� Date signed
��
Seller Pal-Do Companv inc., a Washinqton Corporation_ Seiler
Printed name and type of entity
Seller-F�4-�-� � %/ "'�---, Seller
� BYUNG CHA PARK/PRESIDENT Slgil2tUf8
and title
Date signed �� ' ° � —� �
Date signed
INITIALS: Buyer _.�C,J�.�!� Date �� �!�l�_.._._..._Seller
Printed name and type of entity
Signature and title
Printed name and type of erttity
Signature and title
Da[e
M��
6uyer � Date Seller Date
��RE
CB RICHARD ELLIS
CB Richard Ellis
1145 Broadway Plaza, Suite 1000
Tacoma, WA 98402
Phone: (253) 572-6355
Fax: (253) 596-0059
� CopyrigM 1999 - 2005
Commercial Brokers Association
All R(ghts Reserved
CBA Form PS_1A
Purchase & Sale Agreement
a�. �ro�
Page 13 ot 13
�i'
COMMERCIAL & INVESTMENT REAL ESTATE
PURCNASE & SALE AGREEMENT
(CONTINUED)
EXHIBIT A
[Legai DescriptionJ
Lot 3 af Survey recordad in Volume 52 of swrveys page 220 under King Cauaty Recortling No.
86l 2129019 commonly kuown es Former Toys "R" Us Property located at 3 i 510 20th Avarue South,
Fed�ral Way, WA comgrised of a 49,71b SFbig box reta�l bu�lding (closc�) situated on 1'r2,040 SF
(3.95) Acres zoned CC-F, City Ce.nter (most categosies except for industrial aud single family)
�'I'his Proprrty is subject to an Operation and Easemeat Agreexnent dated Dec�mber 19,1986,
amended AgnZ 7,1987 - hereinafier "OEA" -
imposing considelable use resuictions and barriers to redevelopmeM of the subjed pzope�rriy and
adjoining properhes l�own as the Former Target Property (a closed 101,909 SF big box retail
building sitnated on approximately 7.5 acxes located at 2i41 S. 314th Street, F�eral Way, WA) and
the I�7lside Pisza Shapping Ceuter locaied on Appmximately 9 acres ai 2�0 S_ 314th Sheet,
Federal Way, WAJ
INITIALS: 8uyer ,(�• �'�t'^^.. Date 1[ �dN Selier
� ' L Date �/ ..-- p � —/ O
Buyer _ Date Selter Date
EXHIBIT B
CONTINGENCY ADDENDUM TO
PURCHASE and SALE AGREEMENT
The following is part of the purchase and sale agreement dated November b, 2010 (the
"Agreement") between Pal-Do Company, Inc ("Seller") and Cit�of Federal Way ("Buyer')
regarding the sole of the properfy known as 31510 20' Ave S. Federal Way, WA 98003 (the
"Property")
IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS:
CONTINGENCIES:
1. In the event 5eller cannot convey the Property free ond clear of the OEA described in
Exhibit A as it pertains to the subject property, the sale shall become null and void. All
expenses ossociated with extinguishing the OEA are responsibility of Seller.
2. A property line survey of the Property confirming the lot lines and size of the Property
supporting Extended ALTA Title Insurance must be completed and recorded prior to
closing. All expenses associuted with the survey and title insurnnce will be the
responsibility of the Buyer.
3. Buyer's obligations under this Agreement are contingent upon the Washington State
Deperrtment of Pubfic Works providing partial funding for the purchose of the Properiy in
the amount of Five Million Dollars ($5,000,000.00) and the timely release of such
funding so as to facilitate closing of the transaction no later than December 31, 2010
4. The Federal Way City Council in an open public meeting must approve the Purchase and
Sale Agreement.
5. Section 1033 Exchange Contingenry. Seller intends for this transaction to be a part of a
Section 1033 like-kind exchange due to involuntary conversion. Buyer agrees to
cooperate in the completion of a Section 1033 exchange provided that Buyer hos token
necessary steps, including but not limited to approvol by the Federal Way City Council, to
qualify the transaction under applicable law ond the Internal Revenue Code of 1986, as
amended, as an involuntary conversion under threat of condemnation, and furFher
provided thnt the closing of the transaction shall take place no later than December 31,
2010, ancl further provided that Buyer incurs no additional liability in doing so, and so
long as all expenses (including ottorne�ls fees and costs} incurred by the Buyer that are
related only to the exchange are paid or reimbursed to Buyer at or prior to Closing.
Page � 1
Upon obtaining approvat from the Federal Way City Council, Buyer shall provide a letter
to Seller with a copy to Chicago Title and Escrow, indicating that the property is being
sold under threat of condemnation. If all steps necessary to qualify the transaction as an
invoiuntary conversion under threat of condemnation have not been completed by
December 17, 2010, in the sole opinion of ihe Federal Way City Attorney, Seller shall
have the option, in its sofe discretion, to terminate the purchase and sale agreement.
6. The Purchase must be closed no later than December 31, 2010 and hence time is of the
essence and all Contingencies must be satisfied ond waived in writing by December 17,
2010.
BUYER: City of Federal Way
By: .�°'°"
Print N e: (�ri c.,4 .LU► �Sv,
Title: � � � �G Q r,�
Date Signed /���01(�/0
SELLER: PAL-DO COMPANY, INC
B . �.--�--��---
Print Name: �L!��j C � �, �/�'�(,
Title: � `�S • �
Date Signed l�
Page � 2
CB Ri�hard Ellis mcovyrignt �ssz �
�� ��� 1145 Broadway Plaza, Suite 1000 c«nmerciai ��n�s Re�
Tacoma, WA 98402
Phone: (253) 572-6355 cBa FoRr, ne
CB RICHARD ELLIS Fax: (253) 596-0059 F � RP � A Rev� 1l92
Page 1 of 1
CERTIFICATION UNDER THE
FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA")
CBA Tent DisUaimer. Texl deleted by licenxe indkated by strike.
New text insertetl Dy Gcensee indkatetl by small capital letters.
Section 1445 of the U.S. lntemal Revenue Code provides that a buyer of a U.S. real property interest must withhold tax if
the Seller is a foreign person, unless one of the exceptions in the Act applies. The fotlowing wi{t inform the Buyer and
Closing Agent whether or not tax withhoiding is required.
Note: The above law applies to toreign corporations, partnerships, trusts, estates and other foreign entities, as well as to
foreign individuals. If the Seller is a corporation, partnership, irust, estate or oiher entity, the terms "I" and "my" as used
below means the corporation or other entity. A"rea! property interesY' inc�udes full or part ownership of land andlor
improvements thereon; leaseholds; options to acquire any of the foregang; and an interest in foreign corporations,
partnerships, trusts or other erdities holding U.S� real estate.
SELLER CERTIFICATION. Seller hereby certifies the following:
PROPERTY. I am the Sellsr of real property: � at 31510 20�' Ave S Federal Wav _
(address) (cdy)
Washington; or 0(if no street address) legally described on the attached.
CITIZENSHI P STATUS. 1[] AM � AM NOT a non-resident alien (or a foreign wrporation, foreign parfnership,
foreign trusi, foreign estate or other foreign business entity) for purposes of U.S. income taxation.
TAXPAYER I.D. NUMBER. My U.S. taxpayer identification number (e.g. social security number) is:
91-1617155
ADDRESS. My home address is: 9805 32" Ave S takewood, WA 98489 _
Under penatties of perjury, I declare that t have examined this Certification and to the best of my knowledge and belief it is true,
corred and complete. I undersland that this Certification may be discbsed to the Iniemal Revenue Service and that any false
statement I have made here coukl be punished by fine, imprisonment, or both.
SELLER _ 1���� �/��—.— DATE l/ — 6 6-
SELLER DATE
BUYER CERTIFtCATIQN (Fill this in only if the Seller is a non-resident alien).
NOTE: If the Seller is a non-resident alien, and has not obtained a re{ease from the Internal Revenue Senrice, then
the closing agent must withhold 10% of the amount realized from the sale and pay it to the IRS, unless Buyer
certifies thaY BOTFi statemenls below are coRect:
(1) Amount Realized. I certify that the total price that I am to pay for the property, induding liabilities assumed
and afl other consideration to the Seller, does not exceed $300,000; and
(Z) Family Residence. I certify that I or a member of my famity; have definite plans to reside on the property
for at least 50% of the time that the prope�ty is used by any person during each of the first two twelve
month periods following the date of this sale.
'(Defined in 11 U.S.C. 267(c)(4). It includes brothers, sisters, spouse, ancestors and lineal descendants).
Under penalties of perjury, 1 declare ihat 1 have examined this Certification and to the best of my knowledge and belief both
statements are true, corred and wmplete. 1 understand that this Certifica6on may be disdosed to the fnternal Revenue Service
and that any false statement I have made here could punished by fine, �nprisonment, or both.
BUYER �r�k� �/ �^�I� / / DATE //,�j.��d�l�
� -��r --- ��
BUYER
DATE
ADDENDUM TO PURCHASE and SALE AGREEMENT
Dated November 6, 2010
'The following is an addendum ("Addendum") to the purchase and sale agreement dated
November 6, 2010 (the "Agreement"} between Pal-Do Company, Inc ("Seller") and City of
Federal Way ("Buyer") regarding the sale of the property known as 31510 20�` Ave. S.,
Federal Way, WA 98003 (the "Property").
IT IS AGREED BETWEEN THE SELLER AND 'THE BUYER TO AMEND TF�
FOLLOWING SECTIONS OF THE AGREEMENT AS FOLLOWS:
Section 2. EARNEST MONEY. The earnest money in the amount of $200,000.00 (T'wo
Hundred Thousand Dollars) in the form of cash shall be deposited and held by the Closing
Agent.
Buyer shall deliver the earnest money no later than 5 days after the mutuat acceptance of this
Addendum.
Section 5. FEASIBILITY CONTINGENCY. Buyer's obligations under this Agreement
and Addendum are conditions upon Buyer's satisfaction in Buyers' sole discretion,
concerning all aspects of the Property, including its physical condition; the potential financial
performance of the Property; the availability of government permits and approvals; and the
feasibility of the Property for Buyer's intended purpose. The Agreement shall terminate and
Buyer shall receive a refund of the eairnest money unless Buyer gives written notice to Seller
by December 17, 2010, stating that this condition is satisfied or waived_ If such notice is
timely given, the feasibility contingency as stated in this Agreement and Addendum shall be
deemed to be satisfied.
Section 7. CLOSING OF THE SALE. The sale shall be closed on or no later than
December 30, 2010.
Exhibit B(2). A property line survey of the Property confirming the lot lines and size of the
property supporting Extended ALTA Title Insurance must be completed and recorded prior to
closing. Buyer shall pay the excess premium over that chazged for a standard coverage
policy, and the cost of any survey required by the title insurer associated with the issuance of
an E�ended ALTA coverage.
�l✓��n. �/��d°�
INITIALS: BUYER DATE SELLER DATE
Exhibit B(4). On or before December 21, 2010, the Federal Way City Council, in an open
public meeting, must approve the Agreement provided that contingencies 1— 5 are met by
December 17, 2010.
Eahibit B(6). The Purchase must be closed na later than December 30, 2010 and hence time
is of the essence and contingencies 1, 2, 3 and 5 must be satisfied and/or waived in writing by
December 17, 2010.
All other terms and provisions of the Agreement, together with any prior amendments thereto,
not modified by this Addendum, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have signed this Addendum intending it to be bound.
BUYER: /`��
Brian son, City Manager / Police Chief
Dated: /i iv �d�
SELLER: Dated:
Pal-Do Company, Inc. a Washington Corporation
Byung Chan Park ! President
INITIALS: BUYER ,���/� DATE /� w SELLER DATE.
COUNCIL MEETING DATE: November 16, 2010
SUB.TEC'r: 2011/2012 B�E1v1v�L BunGE'r
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: V �
POLICY QUESTION: Should the City Council adopt the 2011/2012 Budget based on the City Manager/Police Chief
proposed budget?
COMMITTEE Committee of the Whole
CATEGORY:
❑ Consent
❑ City Council Business
STAFF REPORT BY: Tho K
� Ordinance
❑ Resolution
Finance Directoi"��
Attachments: 2011/2012 Budget Ordinance and Exhibit A
MEETING DATE: Varlous
❑ Public Hearing
❑ Other
DEPT: Finance
SummaryBackground: The City Manager/Police Chief submitted the City's proposed 2011/2012 Budget to the City Council
for consideration on October 19, 2010. The City Council held study sessions on October 27`�' and 28`�, and November 2 and
16`� to review and deliberate on the proposed budget. Formal public hearings were held on November 2 and 16�' to allow for
citizen comment on the City Manager/Police Chief Proposed Budget.
Options Considered:
1. Approve the 2011/2012 Biennial Budget as presented.
2. Deny approval of the 2011 /2012 Biennial Budget and provide direction to staff.
STAFF RECOMMENDATION Staff recommends Council approve the 2011/2012 Biennial Budget as attached.
CITY MANAGER APPROVAL N/A �, f.��Ilv'')
Committee Council
COMMITTEE RECOMMENDATION N/A
APPROVAL: N/fl �
Committee Council
PROPOSED COUNCIL MOTION(S):
1 READING OF ORDINANCE (NOVEMBER 16, 2010) I move to forward the proposed ordinance to a second
reading and enactment on the December 7, 2010 consent agenda.
2 READING OF ORDINANCE (DECEMBER ?, 2010): " move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08l12/2010 RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
budgets and finance, adopting the 2011/12 Biennial Budget.
WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2011-
12 fiscal biennium have been prepared and filed on October 19, 2010 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 having held public hearings on
November 2 and November 16, 2010, and having considered the public testimony presented;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. 2011-12 Biennial Budget. That the budget for the 2011-12 biennium is hereby adopted
in the amounts and for the purposes as shown on the attached Exhibit A("2011 and 2012 Proposed
Budgets").
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.
Section 3. Severability. 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
Ordinance No. 10- Page 2 of 4
Rev 1/10
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 ardinance 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 be effective January 1, 2011.
PASSED by the City Council of the City of Federal Way this day of
, 20
CITY OF FEDERAL WAY
MAYOR, PENDING ELECTION
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 10- Page 3 of 4
Rev 1/10
EXHIBIT A
2011/2012 PROPOSED BUDGET
2011 2012
Beginning Beginning Ending Fund
Fund Fund Balance Revenue Expenditure Fund Balance Re�enue Expenditure Balance
General Fund $ 5,292,275 $ 43,542,351 $ 43,752,800 $ 5,081,826 $ 38,467,811 $ 40,748,229 $ 2,801,425
Special Revenue Funds:
Street 100,000 4,420,613 4,420,613 100,000 4,342,923 4,342,923 100,000
Arterial Street - 1,513,500 1,513,500 - 1,523,500 1,523,500 -
Utility Tax 3,199,666 12,496,000 12,775,508 2,920,158 12,576,000 12,886,357 2,609,798
Solid Waste/Recycling 136,968 413,243 415,118 135,093 414,120 420,575 128,637
Special ContracUStudies - - - - - - -
Hotel/Motel Lodging Tax - 160,300 160,300 - 161,300 161,300 -
2% for Arts - - - - - -
Community Center 670,378 2,251,422 2,142,839 778,961 2,264,622 2,177,404 866,178
Traffic Safety Fund 480,288 830,000 1,205,000 105,288 830,000 830,000 105,288
Grants - CDBG - 171,090 171,090 - 173,179 173,179 -
Paths and Trails 132,768 161,000 153,000 140,768 163,000 155,000 148,768
DebtServiceFund 2,915,604 1,830,000 2,082,726 2,662,878 1,830,000 2,182,669 2,310,209
Capital Project Funds:
Downtown Redevelopment 2,976,204 - - 2,976,204 - 2,976,204
Municipal Facilities - - - - - - -
Parks 1,565,585 428,000 1,089,580 904,005 430,000 375,000 959,006
Surface Water Management 1,744,225 222,000 391,992 1,574,233 680,000 860,714 1,393,519
Transportation 26,078,793 4,908,000 24,901,000 6,085,793 7,022,000 11,269,000 1,838,793
Enterprise Fund:
Surface Water Management 2,001,189 3,396,505 3,554,591 1,843,103 3,302,505 3,571,814 1,573,794
Dumas Bay Centre 76,817 629,318 617,964 88,171 635,732 625,126 98,777
Internal Service Funds:
Risk Management 5,357,573 739,573 1,019,573 5,077,573 769,268 1,049,268 4,797,573
Information Technology 3,101,026 2,080,167 2,026,633 3,154,560 2,116,598 2,046,612 3,224,546
Mail & Duplication 347,633 182,087 209,056 320,664 182,087 208,056 294,695
Fleet & Equipment 4,648,158 2,179,132 1,824,451 5,002,839 2,212,185 1,709,777 5,505,247
Buildin s& Furnishin s 1,454,962 550,946 511,179 1,494,729 552,059 446,426 1,600,362
Grand Total All Funds $ 62,280,093 $ 83,105,248 $ 104,938,499 $ 40,446,841 $ 80,648,890 $ 87,762,913 $ 33,332,818
Ordinance No. 10- Page 4 of 4
Rev 1/10
COUNCIL MEETING DATE: NOVEMBER 16, ZO10 I TEM #: Ub
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROPOSED AMENDMENTS TO COMMUNITY BUSINESS (BC) ZONING, DESIGN GUIDELINES, & LANDSCAPING
POLICY QUESTION Should the city: (1) Adopt proposed FWRC 19.220.050 pertaining to bullc and dimension of Multi-
Unit housing in the BC zone as analyzed in the staff report and modified by the Planning Commission; and (2) Adopt
proposed FWRC 19.220.080 pertaining to bulk and dimension of Senior Citizen-Special Needs housing as analyzed in the
staff report and modified by the Planning Commission; and (3) Adopt FWRC 19.125.040(28) pertaining to perimeter
landscaping requirements as analyzed in the staff report; and (4) Amend FWRC 19.115.090(n) pertaining to community
design guidelines as analyzed in the staff report?
COMMITTEE Land Use/Transportation Committee (LUTC)
CATEGORY:
❑ Consent
❑ City Council Business
STAFF REPORT BY: David
►/
■�
Ordinance
Resolution
MEETING DATE: November 1, 2010
❑ Public Hearing
� Other
Associate Planner
DEPT Community Development Services
Attachments: (1) Draft minutes of the October 20, 2010, Planning Commission meeting; (2) Planning Commission staff
report with E�ibits A-F; (3) Draft adoption ordinance; (4) Amended proposed zoning charts FWRC 19.220.050 and FWRC
19.220.080 per Planning Commission recommendation; (5) Additional explanatory height graphics.
Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the draft adoption ordinance;
2) adopt the Planning Commission's recommendation as modified by the LUTC; 3) do not adopt the proposed policy; or (4)
refer the proposal back to the Planning Commission for further proceedings.
STAFF RECOMMENDATION: Option 1
CITY MANAGER APPROVAL: . (vr1 ��I��I��V�!
Committee Council
COMMITTEE RECOMMENDATION: I move to
^! \
Dini Duclos, Chair ,
APPROVAL: �� �
Committee Council
the propo ed ordinance to First Reading on Nov. 16, 2010.
- �C���S�-G�i'
errell, Member Jack Dovey, Member
PROPOSED COUNCIL MOTION(S): //
v
1 READING OF ORDINANCE (DATE) I move to forward the ordinance to a second reading for enactment on
the November 16, 2010 consent agenda.
2'� READING OF ORDINANCE (CONSEN AGENDA DATE): "I move a p roval of �rre vez� G�� - fl� � 1 ,
f�P�,�vi� �i�i ,t� : n d. i� ,a z�J�3vri t :� � ' 1 r� tY �G�'i G'Y eNR rG� >
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL # �5g
❑ DENIED 1sT reading � I�I � ��^��
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordirrances only) ORDINANCE #
REVISED - 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
PLANNING COMMISSION
September 29, 2010 City Hall
7•00 p m Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, and Sarady Long. Staff present: Planning
Manager Isaac Conlen, Principal Planner Margaret Clark, Associate Planner David Lee, Assistant City Attorney
Peter Beckwith, and Administrative Assistant Darlene LeMaster.
CALL TO ORDER
Chair Pfeifer called the meeting to arder at 7:00 p.m.
ROLL CALL
Commissioners Pfeifer, Elder, Bronson and Long present. Cammissioners Medl�urst, O'Neil and Carlson
excused.
APPROVAL OF MINUTES
The minutes of August 25, 2010 and September 29, 2010 were apprave� as written.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Conlen reported that Director of Caz�munity Development Services Fewins has announced
his retirement at the end af this year. Cangratulations and best wished to Greg Fewins who has provided the
City with twenty years o� ser�ii�ee,
Planning Manager Conlen noted that there will he a public hearing on the Urban Chicken/Rabbit Code
Amendment on �ednesda�� �Iov. 3, 2�10,
PusT.,�C HEAR�NG — BC Code Arnendment pertaining to Multi-Family and Senior Housing
Chair Pfeifer expiained the guidelines for the Public Hearing.
Associate Planner David Lee rev�ewed the background and reasons for the code amendment and summarized
the proposed code amendme�fs. �There was one public comment.
Todd Lawson — Mr. Lawson spoke representing his client, a commercial properry owner in Federal Way. Mr.
Lawson spoke in favor and asked the Planning Commission to consider the proposed code amendments. Mr.
Lawson stated that these code amendments would have many benefits to developers and the community
(increase in density, mixed use, parking, building height, etc.).
Chair Pfeifer asked if there were any questions/concerns from the commissioners. Vice-Chair Elder asked Mr.
Lawson if he had any other concerns that the Planning Commission has not yet addressed. Mr. Lawson
responded that as a developer, he always hopes for more flexibility. One suggestion, though, was to make the
height limit for senior housing and multi-family the same. Vice — Chair Elder thanked Mr. Lawson for being
present and sharing his input.
Planning Commission Minutes Page 2 October 20, 2010
In reference to the cross-sections depiction for proposed heights, Commissioner Bronson asked what the
required setbacks in single-family residential zones are. Mr. Lee responded that there is a five foot minimum
required side setback in single-family residential. Commissioner Bronson was concerned of the possibility of a
home having only a five foot setback next to a zero lot line mixed use building. Principal Planner Clark
commented that there should have been an additional cross-section depiction for single-family as well. To
clarify, there is a five foot setback for single-family residential and a 20 foot setback for development in the BC
zones (mixed use) for a minimum of 25 feet between the two structures. Also, height limit within BC zone is
limited to 30 feet for the portion of the building that is located within 20 feet of the single-family residential
zone. In the multi-family residential zone, there is a five foot minimum setback. In the BC zone that abuts a
multi-family residential zone, there is zero setback, therefore the distance between the structures could be a
close as five feet.
Planning Manager Conlen asked the Commission's input on imposing a seiha.ck on senior citizen/special needs
housing of five feet. The current code is twenty feet, but the way the ;amend�tent is written, if passed, would
impose a five foot setback. Would the Commission recommend keeping the 'se�back for senior citizen/special
needs housing to 20 feet? The current setback for multi-family next to single fami}y residential will remain at
20 feet. Commissioner Long asked for claxification that staff was suggesting that fhe setback for both multi-
family and senior citizen/special needs housing next to sing�e-family residential be 20 feet. Planning Manger
Conlen stated that is what is asking.
Chair Pfeifer spoke in favor of a five foot setback between senior eitizen/"special needs housing and single-
family residential and commented that the area in question (along the Pac Hwy S corridor) needs every foot
available for development. Five feet is feasible to maintain the building's exterior. Planning Manager Conlen
added that other building/land use codes and fire codes are still in effect. If there is an issue with another code,
the developer may have to use a greater setback. Gommiss��ner Long concur�d.
Commissioner Bronson asked why there is a five foot setback for senior citizen and special needs housing, why
isn't there also a five foot setback `for other types of construction. Associate Planner Lee responded that a
building within the BC zone that has multi-family residences above is contingent on the uses below to determine
how much of a setback is required. Co�tnmissioner Branson asked for clarification on what is trying to be
accomplished with this code amendment. ` Principal Planner Clark noted that many of the lots within the BC
zone are only 100 feet wide. '�[ie code ame�dment will make these lots more developable by reducing the
existing setback requirements. Senior housing is a stand alone building while mixed use has one use on the
bottom (ie. retaiY} with rnult�-family abave. Commissioner Long inquired if mixed use buildings may create
more noise t�an senior housing. Would �his explain the greater setback for mixed use as compared to senior
housing? Principal Planner said �hat is possble and wanted to clarify that the setback for mixed use from
single-family residential would be 20 feet, but the setback from other multi-family residential would be zero.
The amendment is c4ntinuing to protect single-family residential.
Chair Pfeifer asked for the reason that mixed use height limit was 65 feet while senior housing only 55 feet.
Associate Planner Lee exptained �hat the height allowed for housing is the same. The difference is because the
mixed use buildings would n:eed an allotted height for retail on the bottom.
Mr. Lawson re-approached the Commission and stated that he was also interested in the height d�erences. As
a developer, he may be interested in creating a building where senior housing and multi family exist in one
building and suggested the Commission look at a 65 foot height allowance for both mixed use and senior
housing. Or, could miced use have retail on the bottom with senior housing above. 65 feet would adlow for more
flexibility for development. Commissioner Long asked Mr. Lawson for his feedback on the proposed parking
requirements. Mr. Lawson responded that he feels the City is proposing the minimum and personally, he would
probably provide more. Another benefit of the proposed code is that there would be additional developable land
to add additional parking and parking would now be clearly allowed at the ground level of a mixed use building.
r.�oi.,.,.,:..�. r....,...;��:�.,��m n�nn,.o+:..� c�..,.,,An. i n_�n_ i n dM
Planning Commission Minutes Page 3 October 20, 2010
Commissioner Long moved approval of the proposed amendments to FWRC zoning charts 19.220.050 "Multi-
Unit Housing", FWRC 19.220.080"Seniar Citizen/Special Needs Housing", and FWRC 19.115.090(n),
Community Design Guidelines, and adopt FWRC 19.125.040(28) "General Landscaping Requirements — All
Zones" as amended to increase the allowable height for senior citizen/special needs housing to 65 feet and
modify the setback requirements so that both mixed-use and senior citizen/special needs housing requires a
minimum five foot setback next to single-family residential. Vice-Chair Elder seconded. Motion carried, 4-0.
Chair Pfeifer closed the public hearing.
ADDITIONAL BUSINESS/PUBLIC COMMENT
None
ADJOURN
The meeting was adjourned at 7:50 p.m.
r.•�vip..�;..� r,...,..,���c,...��m n�n,t�r�.,a c��mmArv i n_�n_i n,��
�
CITY OF • �
������� ��`�;
STAFF REPORT TO THE PLANNING COMMISSION
AMENDMENT TO FEDERAL WAYREI'ISED CODE TO COMMUNITY BUSINESS (BC� ZOI�TING
CxAtt�'s 19.220.050 & 19.220.080, FWRC 19.125.04Q(28) "GENERAL LANDSCAPING
REQUIREMENTS — ALL ZONES" ANn FWRC 19.115 .090(N� "COMMUNITY DESIGN
GUIDELINES."
File No: 10-103393-00-SE / 10-103538-00-UP
Public Hearing on October 20, 2Q10
I. REASON FOR AMENDMENTS
In working with developers, architects, and various other entities in the development community,
staff has identified several changes that can be made to the existing Federal Way Revised Code
(FWRC) to help encourage development on vacant or redevelopable land. The proposed
amendments also seek to streamline the development process by setting clear zoning
requirements. The proposal is to amend FWRC Zoning charts 19.220.050 "Multi-Unit Housing,"
19.220.080 "Senior Citizen / Special Needs Housing," FWRC 19.]25.Q40, and FWRC
19.115.090(n) "Community Design Guidelines." Code amendments are proposed to allow
increased heights of up to 65' outright, allow residential and parking uses on the ground floor,
specify parking requirements, reduce front yard setbacks, remove density caps, reduce open space
requirements, allow primary structures within Iandscaping yards when no yards are required per
zoning chart, and reduce the applicability of pitched-roof requirements.
The Planning Commission is being asked to review the proposed changes to the zoning code
attached as Fxhibits A through D, and forward a recommendation to the City CounciI.
II. BACKGROUND
The Federal Way Comprehensive Plan (FWCP) describes the Community Business (BC) zoning
designation as two major retail-commercial areas along the Pacific Hwy corridor including small
pockets between Sauth 272 Street and South 312`� Street, as well as a pocket of area between
South 324�' Street and approximately South 339` Street. These areas are characterized by a wide
range of uses that are centered generally around retail and service industries. Many of the single-
story buildings present an excellent opportunity for redevelopment. Based on a recent GIS
estimate, there are approximately 72.4 acres of vacant tand, and 9I .69 acres of redevelopable land
within the BC zoned sections of the city.
III. SUMMARY OF PROPOSED CODE AMENDMENTS
A. Tables I and II compare the existing and proposed code Ianguage related to bulk and
dimension.
Table I
Multi-unit Housing
19.220.050 1 Floor Uses Front Height Limit Parking Open Space
Yard
Setback
Existing No multi-unit Same as 55' — 65' above Determined on a 300 square
housing on l those ABE based on ease-by-case feet per
floor. regulations administrative basis. (Parking dwelling
for ground approval criteria. Study} unit.
floor use Building height
may not exceed 30
ft. above ABE
when located
between 20 ft. and
40 ft. from a single-
family residential
zone, and
may not exceed 40
ft. above ABE
when located
between 40 ft. and
100 ft. from such
zone; and height
over 35 ft. shalI be
set back from all
other zones by one
ft. for each one ft.
of hei t over 35 ft.
Proposed Multi-unit No Change 65' above ABE w/ 1.2 stalls for 2 15Q square
��' housing on 1�` no criteria. bedroom units, feet per
floor with Building height I.8 parking dwelling
conditions. may not exceed 30 stalls per 3 unit.
Parking in ft. above ABE for bedrooms units
conjunction the portion of the or more (in
with other uses buitding located addition to
allowed on first within 20 ft. of a ground floor use
floor. residential zone. parking). Or
arkin stud .
19.220.050 Density Limitations
Ea�isting The subject property must contain at least one acre for every 22 dwelling units.
Proposed None. Achievable density based on deveiopment regulations (i.e. pazking, setbacks,
drainage, etc.)
Planning Commission Staff Report
K_12010 Code Amendmeuts�BC Zone Amendments�P[anning Commission�$taff Report For PC FINAL_doc Page 2
Table II
Senior Citizen/Special Needs Aousing in BC Zones (FWRC 19.220.080)
19.220.080 1 Flo.or Front Yard Height Limit Parking Open Space
Uses Setback
Ezisting No restriction 2�' 35' above AEE. Case by case Case-by-
55' above ABE with (Parking case basis
criteria based Study)
administrative
approval. Building
height may not
exceed 30 ft. above
ABE when located
between 20 ft. and
40 ft. from a single
family residential
zone, and may not
exceed 40 ft. above
ABE w6en located
between 40 ft. and
100 ft. from such
zone.
Proposed No change 0' S5' above ABE 0.5 parking No change
outright. Building spaces per
height may not dwelling unit
exceed 30 ft. for (Pazking Study
portion of the Optional)
building located
within 20 ft. of a
residential zone
19.220.080 � Density Limitations
Existing The subject property must contain 2,400 sq. ft. of lot area per dwelling unit, or at least
one acre for eve 18 units.
Proposed None. Achievable density based on development regulations.
(i.e. parking, setbacks, drainage, etc;)
B. GENERAL LANDSCAPING REQUIREMENTS — ALL ZONES
Currently, Type III tandscaping five feet in width is required along all perimeter lot lines
including the front yard setback under FWRC l9.] 25.060 in the BC zone. Currently an
inconsistency exists where most commercial developments within the BC zone are granted a
zero front yard setback, but can not build up to the property line due to this regulation.
Furthermore, if the senior housing front yard setback reduction is adopted, it would further
add to this inconsistency within code. Therefore, it is recommended to add FWRC
19.125.040(28) which reads "Landsca�in� is not required alon�perimeter lot lines abuttin�
ri t of wa� where no required vards a�plv pursuant to Division VI `Zonin� Re�ulations':'
Planning Commission StaffReporc
K 12010 Code Amendments\BC Zone Amendments'�Plannine Commission\StaffReport For PC FINAL.doc Pa€�''
C. COMMUNITY DESIGN GUIDELINES
Regard:ess �f th� zone, structz:;�s are aiso unde: L'�e gurvie;� of t:�e �ommur,; y�esi�
Guidelines as set forth by the FWRC, more specifically FWRC 19.115.090(n). FWRC
19.115.U90(n) requires that a11 new buildings, including accessory buildings such as carports
and garages, shail appear to have a roof pitch ranging from at least 4:12 ta a maximum of
12:12. It is often challenging for structures over 30' to accommodate such a design
requirement due to roof areas generally being used for elevator housing, ventitation
equipment, and various other development reIated machinery. Therefore, it is recommended
to have FWRC 19.115.090(n) read: "All new buildings, including accessory buildings such as
carports and garages in PO and BN zones onlv shall appear to have a roof pitch ranging from
at least 4:12 to a maximum of 12:12." limiting the pitched roof requirements to the applicable
developments within the PO (Professional Office} and BN (Neighborhood Business) zones,
which have lower allowed height limits. A variety of azchitectural methods are availahle to
address aesthetics.
IV. ANALYSIS AND DISCUSSION OF CODE AMENDMENTS
The proposal is to amend the Federal Way Revised Code (FWRC), Chapter 19.220.080,
19220.050, and 19.115.090(n) by adopting each of the following amendments:
1. Under FWRC 19.220.050 "Multi-unit housing":
a. Change "Height of Structure" to 65' outright.
i. Reasoning: Applicants rnay aiready achieve the 65' above ABE height
through an administrative review and a set of criteria. Allowing for an
outiight height of 65' above ABE affords developers surety that the
height will be atlowed and they can then design around a solid height.
b. Require 1.2 —1.8 parking spaces per dwelling unit.
i. Reasoning: A parking requirement survey of local jurisdictions revealed
that a parking space per dwelling-type ratio was used for mixed-use
residential units. This will provide predictability and help developers
ptan for a base number of parking stalls needed without having to supply
a parking study as a pre-requisite. Applicants still have the option of
submitting a parking study if it is believed that less parking stal}s are
appropriate.
Change Note 1 to read "All non-residential gcound floor spaces must have
minimum #loor-to-ceiling height of 13 ft. and a minimum depth of 15 ft."
i. Reasoning: Preserves the original language of one of the previous criteria
used to allow for increased height to 65'above ABE. This will preserve
the ariginal iritent to �dd architectural aesthetics to this type of
d�velopment.
d. Change Note 2 to read `Building height may riot exceed 30 ft. above ABE for the
portions of the bailding located within 20 ft. of a residential zone."
i. Reasoning: The original building height restrictions placed on mixed-use
residential deveIopments were too restrictive due to the relatively thin
shaped lots that have been deemed redevelopable or vacant, and also did
not protect multi-family (R1bI) zones. Current code requirements limit the
height in a restrictive stair-step mttnner. Of the totat parcels within the
Planning Commissiort Shff Report
K:\2010 Code AtnendmentslBC Zone AmendmentslPtanning CommissionlStaffRepoR For PC FINAL.doc Page 4
BC zone, 29 parcels are within 20 feet of a single family residential zone,
29 parcels within 40 feet, and 52 parcels within 100 feet (Exhibit E).
�roadeaing `�he setbae',c/height resu ictions to all resideniiai zones
protects both adjacent single family and multi-family zones, and also
aliows for possible development on geographically constrained sites.
e. Change Note 3 to read "Roof lines are designed to avoid a predominantly flat and
featureless appearance through variations in roaf height, forms, angles, and
materials."
i. &ea.soning: Preserves the original language of the previous criteria used
to allow for increased height to 65' above ABE.
f. Change Note 4 to read "Multi-unit housing and accessory residential uses may be
located on the ground floor of a structure only as folIows: (a) ground level space
that spans at least 60 percent of the length of the principal commercial fa�ade, as
determined by the director, is occupied with one or more other use(s) allowed in
this zone; and (b) ground level space that spans at least 40 percent of the length
of all other street-facing facades is occupied with one or more other use(s)
allowed in this zone. Parking in conjunctian with other uses allowed in this zone
may also be located on the ground floor of the structure if non-visible from the
right-of-way or public areas."
i. Reasoning: Allows for more options on the ground floor while
maintaining the intermingling of commercial uses on the ground floor.
This will also allow housing units on street frontages that aze not
conducive to reta.iUcommercial uses. Additionalty, allowing parking on
the ground floor in a visually unobtrusive area may help alleviate parking
lot landscaping requirements, avoid costiy underground pazking, and
provide easier access to future tenants of both commercial and residential
units.
g. Strike Note 4 which reads "The s�bject property must contain at Ieast one acre
fo.r every 22 dwelIing units:'
i. Reasonir►g: Market forces, physical land constraints, and development
requirements will adequately and organically determine density limits.
Developments will still be required to receive certificates of water/sewer
availabitity and must complete a traffic concurrency analysis to
determine capacity and mitigation.
h. Change Note 5 to read "1.2 parking stalls per dwelling unit for units of up to 2
hedrooms. 1.8 parking stalls for dwellings units of 3 bedrooms or more. Dwelling
unit parking statls are in addition to required parking for alI non-residential
ground floor uses. Alternatively, applicant may choose to submit a parking study
in accordance to FWRC � 9.130.080(2)."
i. Reasoning: A parking requirement survey of Iocal jurisdictions revealed
that a parking space per dwelling-type ratio was used for mixed-use
residentiat units. This wiIl help deveiopers plan for a base number of
parking stalls needed without having to supply a parking study as a pre-
requisite. The section also clarifies that the applicant is still entitled to
submit a parking study to reduce the amount of parking required, as
appropriate.
Planning Commission StatfReport
K: �010 Code Amendments�BC Zone Amendmems�Planning Commission�Staff Report For PC FTNAL_doc Paee 5
i. Change Note 7 to read "The subject properly must contain at least 150 square
feet per dwelling unit of common recreational open space usable for many
BiCLIVIt18S, and r,�a�+ include private s�aczs suc;� as yards, pa�ios, and batconies, as
well as common areas such as playgrounds, recreation rooms, rooftop terraces,
pools, active lobbies, atriums, or any other areas the director deems appropriate: '
i. Reasoning: The currently required 300 square feet of open space is
prohibrtive in terms of the amount of land reqnired to fulfill this
requirement. AdditionaIly, allowing for broader nses to be considered as
open spaces (proximity to parks, trails, outdoor uses, etc;) may help
applicants to achieve open space requirements.
2. Under FWRC 19.220.080 "Senior citizen — Special needs housing":
a. Reduce front yard setback to 0'
i. Reasoning: Mi�ced use residential (FWRC 19.220A50) allows for 0'
setback, as do most commercial uses. Zero front yard setbacks, when
accompanied by quality architectural design are in keeping with a more
urban aesthetic for the city's eommercial & mixed-use areas.
b. Change "Height of Structure" to 55' above ABE.
i. Reasoning: Applicants may already achieve the 55' above ABE height
through an administrative review and a set of criteria. Allowing for an
outright height of 55' above ABE affords developers surety that the
height will be allowed and can design around a solid height.
c. Change Note 2 to read `Building height may not exceed 3Q ft. above ABE for
those portions of the building Iocated within 20 ft. of a residential zone."
i. Reasoning: The original bui�ding height restrictions placed on se�ior and
special needs housing de�elop�nents were too restrictive due to the
relatively thin shaged Iots that may be redeveloped or vacant, and also
did not protect multi-family (R1Vn zones. Current code language Iimits
heights of a development in a restrictive stair-step manner. Of the total
garcels within the BC zone, 29 parcels are within 20 feet of a single
family residential zone, 29 parcels within 40 feet, and 52 parcels within
100 feet (Exhibit E). Broadening the setback/height restrictions to atl
residential zones protects both adjacent single family and multi-family
zones, and also aIlows for possible development on geographically
constrained sites.
d. Require 0.5 parking spaces per dwelling unit.
i. Reasoning: A parking requirement survey of local jurisdictions revealed
that an average of 0.5 parkitig spaces per dwelling unit were required for
this type of deyelopment. This will help developers glan for a base
number of parking stalls needed withaut having to supply a parking
study as a pre-requisite. Applicants still have the option of submitting a
parking sludy if it is believed that less parking stalls are appropriate.
e. Strike exist�ng Note 1 which reads "If approved by the director of community
devetopment services..."
i. Reasoning: Unnecessary language if granting 55' height outright.
Additionally, the increased setbacks of 1' for each additional 1' granted
in height along non-singlc fsmily zones is restrietive aac! does n�l
effectively mitigate anwtvpe of visual impacts.
Planning Commission StafFReport
K.�ZO10 Code Amendments�BC Zone AmendmentslPlanning Commission\Staff Report For PC FINAL.doc Page 6
Strike existing Note 3 which reads "The subject property must contain 2,400 sq.
ft. of lot area per dwelling unit, or at least one acre for every 18 dwelling units".
;. °easoning: P.�arkzt fo;�es, physicai la�-�� :,onstraints, and development
requirements wilI adequately and organically determine density limits.
Developments will still be required to receive certificates of water/sewer
availability and must complete a tr�c concurrency analysis to
determine capacity and mitigation.
g. Add Note 3 to read "Anvlicant m� choose to submit a parkin� studv in
accordance with FWRC 19.130.080(2)."
i. Reasoning: Clarify that parking studies may be submitted to the city for
review if it is believed that less parking stalls are appropriate.
Adopt FWRC 19.125.040(28) which reads "Landscaping is not required alon�
perimeter tot lines abutting ri�ht-of-wavs where no required vards applv pursuant
to Division VI `Zonin� Re�ulations'."
i. Reasoning: Currently, Type III landscaping five feet in width shall is required
along all perimeter lot lines including the front yard setback under FWRC
19.125.060 in the BC zone. Currently an inconsistency exists where most
commercial developments within various zoning distric�s are granted a zero front
yard setback, but can not build up to the property line due to this regulation.
Furthermore, if the senior housing front yard setback reduction is adopted, it
would further add to this inconsistency within code.
4. Edit FWRC 19.115.090(n) to read "All new buildings, including accessory buiidings
such as carports and garages in PO and BN zones onlv, shaIl appear to have a roof
pitch ranging from at least 4:12 to a maximum of 12:12:'
i. Reasoning: Pitched roofs are appropriate in more residential settings.
Additionally, it is often challenging for structures over 30' to accommodate such
a design requirement due to roof areas generally being used for elevator housing,
ventilation equipment, and various other development retated machinery_ Cunent
trends also show roof tops being used for open space recreation. Other
architectural methods such as corniees, modulated roof heights, and integrated
architectural art pieces will adequately address aesthetic concerns.
The proposed changes have been ilIustrated in E�ibits "A" through "D" of this staff report in
the form of potential zoning charts.
V. PROCEDURAL SUMMARY
On August 13, 2010, the city issued an Environmental Determination ofNonsignificance (DNS)
on the proposed amendments, with a comment deadline of August 30, 2010, and an appeal
deadline of September 13, 2010. No comments on the DNS have been submitted to the city as of
the date of transmittal of this staff report. Public notice of the October 20, ZO10, public hearing
was published and posted on October 2, 2010, in accordance with the city's procedural
reqnirements. Stakeholders were notified of the impending pubtic hearing and were sent this staff
report.
Planning Commission Staff Repon
K:�2010 Code Amendments�BC Zone Amendments�Plannine CommissionlStaff Report For PC FINAL_doc pa=_e 7
VI. PiJBLIC COMMENTS
There was one public comment received from Todd Lawson. The e-mail is attached to this staffreport as
Ex�zibi± F.
VII. REASON FOR PLANNING COPVIMISSION ACTION
FWRC Chapter 19.80, "Process VI Council Rezones," esta.blishes a process and criteria for
zoning code text amendments. Consistent with Process VI review, the role of the Planning
Commission is as follows:
1. To review and evaluate the zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendments meets the criteria provided
by FWRC 19.80.130.
3. To forwazd a recommendafion to the City Council regarding adoption of the proposed zoning
code text amendments.
VIII. DECISIONAL CRITERIA
FWRC 19.80.130 provides criteria for zoning text a�endments. The following section analyzes
the compliance of the proposed zoning text amendments with the criteria provided by FWRC
19.80.130. The City may amend the text of the FWRC only if it finds that:
1. The proposed amendment is consistent wit}� the applicable provisions of the
comprehensive plan.
The proposed FWRC text amendment is consistent with the following Federal Way
Comprehensive Plan (FWCP) policies:
LUG2 Improve the appearance and function of the built environment.
LUG6 Transform Community Business areas into vital, attractive, areas with a mix of
uses that appeal to pedestrians, motorists, and residents, and enhance the
community's image. '
LUPl Use residential design perfarmance standards to mainta.in neighborhood
character and ensure compatibility with surrounding uses.
LUP2 Use design and performance standards to achieve a greater range of housing
options in multiple-family designations.
LUP'6 Conduct regular reviews of development reguIations to determine how to
improve npon the permit review process.
LUP20 Support a diverse communify comprised of neighborhoods that provide a range
of housing options; a vbrant City Center; well designed and functioning
commercial areas; and distinctive neighborhood retail areas.
Planning Commission Staff Report
K:12010 Code Amendmems�BC Zone Amendmcnts�Planniag CommissiontStaff Repoct For PC FTNAL.doc Page 8
LUP41 Encaurage a range of pedestrian-oriented retail, while continuing to
accommodate auto-oriented retail, and provide supportive uses to meet the needs
ef rPsidents an� Pr.�pi�yees in the area.
EDP10 The City will work with the private sector to actively encourage the retention and
expansion of e�sting businesses, as well as bring in new development,
businesses, and jobs to the community.
EDP18 The City will periodically monitor local and regional trends to be able to adjust
plans, policies, and programs.
EDP19 The City will activety work with representative groups of business and property
owners, including the Federal Way Chamber and other local business
associations, to enhance eitywide and subarea improvements and planning.
2. The proposed amendment bears a substantial relationship to puhlic health, safety, or
welfare.
The proposed FWRC text amendment bears substantial relationship to the public health,
safety, and welfare because it allows for more flexible integration of recreational areas in
proximity to multi-family uses. Additionally, the text amendments may also reduce the
amount of vehicles on public right-of-ways at any given time due to the pro�cimity of
commercial services to the residence. The te�t amendments as presented will serve the public
health, safety, and welfare.
3. The proposed amendment is in the best interest of the residents of the city.
Approvat of the proposed code amendment would benefit the city as a whole as it would
encourage development and redevelopment in the Community Business Zone by not
encumbering developments to reach the maximum height, thus increasing density and also
diversify the types of housing available within the city. Additionally, the proposed text
amendments would lead to more architecturally diverse deveIopments throughout the city.
'The potential to attract new businesses and deveiopments (which in turn generates ta�c
revenue), would be in the best interest of the residents of the city.
IX. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends the approval of the
proposed amendments to �WRC zoning charts 19.220.050 "Mutti-Unit Housing", 19.220.080
"Senior Citizen / Special Needs Housing", and FWRC 19.115.090(n), Community Design
GuideIines, and adopt FWRC 19.125.040(28) "GeneraI Landscaping Requirements — All Zones".
X. PLANNING COMMISSION ACTION
Consistent with the provisions of FWRC 19.80.240, the PIanning Commission may take the
following actions regarding the proposed zoning code text amendments:
1. Recammend to the City Council adoption of the FWRC text amendment as recommended by
staff;
Ptanning Commission Staff Report
K_\2010 Code AmendmentslBC Zone Amendments�Planning CommissionlStaff Report For PC FfNAL.doc Paee 9
2. Modify the proposed FWRC text amendment and recommend to the City Councit adoption of
the Planning Cammission modified FWRC tea�t amendments;
3. Recommend to the City Council that the proposed FWRC te�rt amendment not be adopted; or
4. Forwa.rd the proposed FWRC text amendments to the City Council without a recommendation.
EX�IIBITS:
A. Amended FWRC Zoning Chart 19.220.050 "Mu1ti-Unit Housing"
B. Amended FWRC Zoning Chart I9_220.080 "Senior Citizen-Special Needs Housing"
C. Amended Language for FWRC 19.115.090(n) "Community Design Guidelines"
D. Language for FWRC 19.125.040(28), "General landscaping requirements — All zones"
E. "Parcels Zoned BC & Adjacent To Single Family Zones" Map
F. E-mail from Todd Lawson dated August 13, 2010
Planning Commission Staff Report
K:�20i0 Code Ame�imentslBC Zone Amendments\Planning CommissionlStaffReport For PC FINAt..doe Page 10
19.220.050 Multi-unit housing.
The followine uses shall be
to the
USE ZONE CHART
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and notes set forth in this section:
ZONE
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Process II None Same as these 33 ¢, ft.
or with regulations for above
SEPA, ground floor use average
Process building
]II See notes 2 and 9 elevation
10 (AABE)
5ee notes
�-an� 2
SPECIAL REGULATIONS AND NOTES
. ._, :: :. : : .:.... . :. : ::"-' - :_. .. ., .. : : : - : .
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� tHe-ba+�irEg; ek91e� eIF All non-residential eround ttoor spaces �.su ► have a minimum floor-to-ceiling height of 13 ft, a y �
1.2 - 1.8 minimum depth of 15 ft.=,
spaces ner ,�.. ue:..�.. .. �..�:e_ ...:.�. ., _ �,
d ellin .,,-.. -''� ,�R- .�
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2. Building height may not exceed 30 ft, AABE for the uortion of the buildine whep located bet3veen w't i 20 ft. �in-4&#,
See nnte5. from a°'^^�� •� residential zone., . • • .
3: 4 .
3- 6 Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, facilities and activities
associated witfi this use.
6: 7. The subject property must contain at least 380 1�0 sq. ft. per dwelling unit of conuuon recreational open space usable for many
activities, and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds,
recreation rooms, rooftop terraces, pools, active lobbiea, exd aMiums, or other areas the director deems approoriate,
�: 8 No maximum lot coverage is established. Instead, the buildable area will be detennined by other site development
requirements; i.e., required buffcrs, parking lot landscaping, surface water facilities, etc,
8: 9 For community design g�idelines that apply to the project, see Chapter 19.115 FWRC.
9- �0 For landscaping requirements that apply ro the project, see Chapter 19.125 PWRC.
�}8: �,1 For sign requirements that appiy to the project, see Chapter 19. t40 FWRC,
�l-1-: � Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property.
�- 13. For orovisions that relate to the keeoine of animals, see Chaoter 19.260 FWRC.
Process 1, Il, Ill end IV are described in
Chapter 19.55 FWRC,
Chapur 19.60 FWRC,
Chapter 14.65 FWRC,
Chapter 19.70 FWRC reepectively.
For other informstion ebout perking and parking areas, aee chsptu 19.130 FWRC.
For details of whnt may txceed this height Ilmit, see FWRC 19.110.050 et seq.
For details regerding required yerde, eee PWRC 19.125.160 et eeq.
K:�2010 Code Amendments�BC Zone Amendmnnta�C Zone ChertaU9•220-O5o Multi-Unit Housing [AMENDED].DOC
19-220-080 Senior citizen - Special needs housing
4 '
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The followin uses shall be ermitted in communi business BC zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
z DIRECTIONS; FIRST read down to find use ... THEN, across for REGULATIONS
O Minimums
� Re uired Yards ZONE
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USE � ' '� o � ; � � � � � SPECIAL REGULATIONS AND NOTES
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Senior Process II None �:9 0 5 ft. 5 ft. 33 55 ft. �eEe�i�ne� . •
citizen or or with ft, above e�-�sase-�y • ��� •
special SEPA, �se�t-�g average sase-basis (a) , �
needs Process �-aler+g building 9.S narking , d ''" � °"''"" "' """"'" "°:':"� "°'�''' "£"
housing III, si�tgle- elevation spaces ner *'. ^^a ^ m a��•� �F , c a.
(stacked �}� (AABE} dwelline ��� n..:ia:.,.. ae:..a« ..,...,.,ue., ..,:.a .,,,�e �.
dweiling ��a���•�� te-53# un ,,it . , .
units) �eHes � ' `��Q
See notes 3-a+ad-8 See note 3 (� 1_Roof lines are designed to avoid a predominantly flat and featureless appearance through variations in roof
� Sae-+�etes height, forms, angles, and materials.
2 and � .�-a+� 2. Building height may not exceed 30 ft. AABE �uqen for the nortion of the building Iocated�eEweea i hin 20 R.
°^a "^�-.a-n-� ^.o.;r„_f a si+�gle-€ami�-residentiai zon , . .
i nn w c.,,.„ ., ,,,a ..
3. .
a`°°'a,.o,''',..�^^-rin#°s Apolicent mav choose to submlt e parking studv in accordance with FWRC 19.130.080(2).
4. Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, facilities, and
activities associated with this use.
5, Any open space requirements will be deterntined on a case-by-case basis,
6No maximum lot coverage is established. Instead, the buildable area will be determined by other site development
requirements; i.e., required buffers, parking lot landscaping, surface water facilities, etc.
7, For community design guidelines that apply to the proJect, see Chapter 19.115 FWRC.
8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
9. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
10, Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject
property.
11. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC.
Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details oFwhat mey exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19J0 FWRC respectively. For details regazding required yards, see FWRC 19.125.160 et seq.
K:\20I0 Code Amendments�BC 2one AmendmentslBC 2one ChartsV9-220-080 Senior Citizen, Special Needs [AMENDED].DOC
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19.115.090 District guide{ines.
(n) All new buiidings, including accessory buildings such as carports and
garages in PO and BN zones only, shall appear to have a roof pitch ranging from
at least 4:12 to a maximum of 12:12.
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19.125.040 General fandscaping requirements — All zones.
�28) Landscapinq is not required alonq perimeter lot lines abuttinq riqht-of-
ways where no required vards appiv pursuant to Division V! `Zoninq Requlations'.
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Parcels Within 20ft of SF Zone
_`^�� Parcels Within 40ft of SF Zone
:;� Parcels Within 100ft of SF Zone
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Parcel Counts:
Parcels within 20ft : 29
Parce{s within 40ft : 29
Parcels within 100ft : 52
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David Lee -
Sent:
To:
Sub}ect:
Tuesday, October 12, 201010:03 AM
Todd Lawson
RE: How are the code proposats?
-----Original Message-----
From: Todd Lawson [mailto:pawgo@yahoo.coml
Sent: Friday, August 13, 2010 2:29 PM
To: David Lee
Subject: Re: How are the code proposals?
Thanks David
�������
���G���
We'll rreed to look at the project -From scratch again. This will let us build a parking
structure. It changes everything in a good way.
Best
Todd
Lawson Architecture + Design
Todd(allawsonad . com
On Aug 12, 2010, at 3:29 PM, David Lee <David Lee(alcitvoffederalway.com> wrote:
Hey Todd,
Sorry I missed your call. I've attached the zoning charts that we've changed. Unfortunately,
we couldn't find a way to do a fee-in-lieu method for the open space without sacrificing the
timeline for adoption on this. It's something we may try to work on again next year. However,
we did drop the open space requirement down to 200square feet and also made what can count
towards open space more discretionary. Additionally, we clarified the parking stall
requirements instead of it being case-by-case basis. However, this does not mean you can't
get reduced parking requirements through a parking study. Also, we've gotten rid of the
pitched roof requirement in the BC zone.
Just a quick question though, since the density caps for both senior and mixed use
residential �units have been removed, how much of each do you think you can squeeze on to your
lot?
�ave
David Lee
Associate Planner
City of Federal Way
[0] (253} 835-2622
[F] (253} 835-2609
david.lee�cityoffederalway.com
-----Original Message-----
From: Todd [roailta:todd@Iawsonad.com]
Sent: Thursday, August 12, 2010 2:39 PM
i
To: David Lee
Subject: How are the�code_proposals? , . _ .
-__ :- - -._--, _:--_--- : --- .
Hope a11 is we'lI. -
<19-220-080 Senior Citizen, Special Needs [AMENdEDj.DOC> <19-22@-050 Multi-Unit Housing
CAMENDED].DOU
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2
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
Community Business (BC) Zone and Development Regulations;
amending FWRC 19.220.050, FWRC 19.220.080, FWRC 19.115.090, and
FWRC 19.125.040. (Amending Ordinance Nos. 09-610, 09-604, 09-593,
07-559, 07-554, 06-515, OS-506, 03-443, 02-424, 01-382, 99-333, 97-291, 96-
271, 96-270, 93-170, 90-43)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt a new code
amendment far the Community Business (BC) zone and associated development regulations,
which establishes development regulations for mixed-use multi-family residential buildings and
senior/special needs housing developments within the City of Federal Way; and
WHEREAS, FWRC 19.220.050 requires the administrative approval of criteria to attain a
height of 65' above average building elevation, requires a 20' setback from residential zones,
requires the submittal of a parking study, restricts residential and parking uses from being
located on the ground floor, and restricts the density to 22 dwelling units per acre of land;
requires 300 square feet of useable open space per dwelling unit, reyuires that the building height
not exceed 30' when located between 20'- and 40' from a single-family residential zone, restricts
Ordinance No. 10- Page 1 of 10
Rev 1/10 LU
the height to 40' when located between 40' and 100', and that the height over 35' shall be set
back from all other zones by one ft. for each one ft. of height over 35'; and
WHEREAS, FWRC 19.220.080 requires a 20-foot front yard setback, a 20-foot side &
rear yard setback along single-family zones, requires the administrative approval of criteria to
attain a height of 55-feet, requires the submittal of a parking study, reyuires that the building
height above 35-feet be set back from non-single family zones by one foot for each foot over 35-
feet, restricts the building height to 30-feet when located within 40-feet of single family
residential zones, restricts the building height to 40-feet when located 40-100 feet from a single
family zone, and restricts the density to 1 dwelling unit per 2,400 square feet; and
WHEREAS, FWRC 19.115.090(n) requires new developments to appear to have a roof
pitch ranging from at least 4:12 to a maximum of 12:12; and
WHEREAS, FWRC 19.125.040 requires a 5'-wide Type IlI perimeter landscaping
regardless of building setback requirements; and
WNEREAS, the City is proposing to allow maximum heights for both Multi-unit housing
and Senior Citizen — Special Needs housing outright, specify minimum parking requirements for
both Multi-unit housing and Senior Citizen — Special Needs housing, allow parking and
residential uses on the ground floor for Multi-unit housing, reduce the side and rear yard for
multi-unit housing and senior/special needs housing when abutting a residential zone from 20-
feet to 5-feet, reduce the required open space requirement to 150 square feet per dwelling unit for
multi-unit housing, reduce the front yard setback for Senior Citizen-Special Needs housing to 0',
and increase the maximum allowed height of Senior Citizen-Special Needs housing to 65'
outright, and modify the stepped height increases for both Multi-Unit and Senior-Citizen-Special
Needs housing; and -
Ordinance No. 10- Page 2 of 10
Rev 1/10 LU
WHEREAS, the City is proposing to add to the General Landscaping Requirements of
FWRC 19.125.040 to allow for relief of landscaping requirements for developments that are
afforded a zero-yard setback in the BC zone, and also amend FWRC 19.115.090(n) to limit the
pitched-roof requirement to just the Professional Office (PO) and Neighborhood Business (BN)
zone; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly
issued for the Proposal on August 14, 2010, and no comments or appeals were received and the
DNS was finalized on September 13, 2010; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on October 20, 2010; and forwarded to City Council a
recommendation of approval with two modifications as follows: (1) Reduce the side and rear
yard setbacks for Multi-Unit housing abutting residential zones from 20' to 5' from all
residential zones for Multi-unit housing under FWRC 19.220.050; (2) and increase the height of
Senior Citizen- Special Needs housing under FWRC 19.220.080 from 55' to 65'; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered these code amendments on November l, 2010, and recommended adoption of the text
amendments as recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by encouraging development on vacant or redevelopable land,
Ordinance No. 10- Page 3 of 10
Rev I / ] 0 LU
remove obstacles to development, set clear zoning requirements, and create development
consistency throughout the BC zoning.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG1 Improve the appearance and function of the built environment.
LUG6 Transform Community Business areas into vital, attractive, areas with a mix of
uses that appeal to pedestrians, motorists, and residents, and enhance the
community's image.
LUPl Use residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses.
LUP2 Use design and performance standards to achieve a greater range of housing
options in multiple-family designations.
Ordinance No. 10- Page 4 of 10
Rev 1/l0 LU
LUP6 Conduct re�►lar reviews of development regulations to determine how to
improve upon the permit review process.
LUPlO Support a diverse community comprised of neighborhoods that provide a range
of housing options; a vibrant City Center; well designed and functioning
commercial areas; and distinctive neighborhood retail areas.
LUP41 Encourage a range of pedestrian-oriented retail, while continuing to
accommodate auto-oriented retail, and provide supportive uses to meet the needs
of residents and employees in the area.
EDP10 The City will work with the private sector to actively encourage the retention and
expansion of existing businesses, as well as bring in new development,
businesses, and jobs to the community.
EDP18 The City will periodically monitor local and regional trends to be able to adjust
plans, policies, and programs.
EDP19 The City will actively work with representative groups of business and
property owners, including the Federal Way Chamber and other local
business associations, to enhance citywide and subarea improvements and
planning.
(b} The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because it allows for more flexible integration of recreational areas in
proximity to multi-family uses. Additionally, the text amendments may also reduce the amount of
vehicles on public right-of-ways at any given time due to the proximity of commercial services to the
residence. The text amendments as presented will serve the public health, safety, and welfare.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way. The amendments encourage development and redevelopment in the
Community Business Zone by not encumbering developments to reach the maximum height,
thus increasing density and also diversify the types of housing available within the city.
Additionally, the proposed text amendments would lead to more architecturally diverse
developments throughout the city. The potential to attract new businesses and developments
(which in turn generates tax revenue), is in the best interest of the residents of the city.
Ordinance No. 10- Pcrge S of 10
Rev ] / I 0 LU
Section 3. FWRC 19.220.050 Use Zone Chart "Multi-unit Housing" is hereby amended
to read as follows:
Ordinance No. 10- Page 6 of 10
Rev ] / 10 LU
19.220.050 Multi-unit housing.
The followin uses sha11 be ennitted in com�r�unit business BC zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
�n DIRECTIONS: F1RST, read down to tind use ... THEN, aa•oss for REGULATIONS
z
p Minimums
Q Re uired Yards Z�NE
� :, � BC
V o n.
�7 �
�
� 'n °- y � o � 'ti
� : 3 N �, .r 3 � �n
USE �' ; o � b ti °; � � ro SPECIAL REGULATIONS AND NOTES
� � �� a rs:. va r1 S cn � n. .
Multi-unit Process 11 Non� Same as these
housing or with regulations for
(stacked SEPA, ground tloor use
dwelling Process �xc�1_�8
units) lll abuttut
�id�nLialzon�
See notes 2 and 9
10
33 65 ft.
above
average
building
elevation
(,4ABE)
...�
A�IIC
See notes
-l-ttxel 2
n "'�""�'m';2a I. . .. . .." .
� . . .
ea�t5 . , : . . :
I.2 — I.R ��}h��El�-n+�d�t xll All non-residential ground Floor spaces mus have a minimum tloor-to-ceiling hei�hl of 13 ft. and a
minimum depth of I S ft.:
snaces per
dwelline . . ..
unit. a���}e�-n+�d-�nterierk-
�d
2. Building height may not exceed 30 ft. above ABE for the p�rtion of die buildine w7jeri located k�eHaeeH within 20 ft. a�e#-wtN�in
See note5. � from a�}y residential zone.. .
3 Roof lines are desi�,nied to �void a predominanNy flat and featurelees ��earance throuyh variations in roof he� ht ti�nne �nt�
} 4 n". �. - . �.� ; :°,_ °° ._°. `° �-,.°...a ,,...�.,. _..� ..a n��.. °.•° °... ,.. ..,. Multi-unit housing and accessoiv residcnti�l uses
mav be located on [he eround tloor of a stnicture on��s follows (al ground le��el sp�ce th�t apane at Ieast 60 percent of the lengdi
of the nrincipal commercial f�c�de as detennined bv the director is occu�ed with one or more other use(c) allowed in this zonc
and (bl tiROmid level sp�ce th�t sp�is at least 40 percent of the len�h of all other sh�eet-f�ciny fac�dea is occupied with one or more
other use(sl allowed in ihis zone. . .. ..
Parkin�, in conjnnetion with other uces allowed in this zone may also be located on the �,n�ound floor of the structure if non-visible
from the right-of-way orpublic areas.
5 I 2 parking stalls pgr dwelling unit for units of uo ro 2 bedrooms I 8 p�rkiiy stalls for dwelline units of 3 bedrooms or more
Dwellin �t unit parkingstalls are in addition ro required a�Lg for all non-residenti�l yround tloor uees Alternativel�pplic�nt
mav choose to submit a�arkiny studv in accord�nce with FWRC' 19 130 080(2)
Sr � Chapter 19.265 FVVRC contains regulations regarding home occupations and odier accessoiies, f�cilities and activities
associated with diis use.
� 7 Tlie subject property must contain at least 3A9 I� sq. ft. per dwelling unit of common recreational open space usahle for many
activities. and may include private spaces such as yards. patios. and balconies. as well as common areas such as playgrounds.
recreation rooms, rooftop terraces, pools, active lobbies, tn� atriums or o�her areas the director deems appropriate.
�- 8. No maximum lot coverage is established. Instead. the buildable area will be detennined by other site development
requirements: i.e.. required buffers, parking lot landscaping, surface water facilities. etc.
& 9 For community design guidelines that apply to the prqject, see Chapter 19.1 I S FWRC.
& 10 For landscaping requirements that apply to the project. see ('hapter 19.125 FWRC.
�� For sign requirements that apply to the prqiecL see Chapter 19.140 FW RC.
� 12 Refer to Chapter 19.265 FWRC to detennine what other prm�isions of this chapter may apply to N�e suhject property.
�2- 13. For nrovisions that relate to tlie keeuine of animals, see Chapter 19.260 FWRC.
Process I, 11. 1II and N a��e descrihed in
Chapter 19.5� FWRC,
Chapter 19.G0 PWRC.
Chapte�� 12G� FWRC.
Chapter 19J0 FWRC respec�icely.
Ordinance No. 10-
For olher infnrma�ion zbout parking and parking areas. see ch:j.pin� 19.1 i0 FWRC.
For details of uvhat may esceed this height limit. see FWRC 19.110.050 et seq.
For Aetails regarding required yards, see PWR(' 19.12�.1 GO et seq.
Page 1 of 10
Rev 1 / 10 LU
���ction 4. FWRC 19.220.080 Use Zone Chart "Senior Citizen — Special Needs housing'�
is hereby amended to read as follows:
Ordinance No. 10- Page 1 o,f 10
� Rev 1/10 LU
19-220-080 Senior citizen - Special needs housing
T
�e followin uses shall be ermitted in communit business (BC) aone sub'ect to the re lations and notes set forth in this sectiou:
USE ZONE CHART
Z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
O Minimums
Q R uired Yards Z�NE
J ti �
� a °' BC
V ° a
� - a. � � o ` . cn
� °? 3 = � � °_' c
USE �'c� '� o ,° b � �°-�° ? $' � SPECIAL REGULATIONS AND NOTES
ll z� .� c� v, ct x�n r� a
Senior Process ll None �A 0 5 ft. 5 ft. 33 65 ft. �eter�t�tit�ec# . , . .
citizen or or with ft. above c�--a-ea�e-l�p , . . , .
special SEPA, �xee�29 average �;� (a) . . . , , .
needs Process €t--a}� building 0.5 �arking .
housing III. �}� elevation spaces �� . ,
(stacked €atni}y (AABE}, dwelline .
dwelling �a} te-33-€f unit. _ . _ .
units) �sHes �� 35��#t ;-t»�
See notes 3-ar�8 See note 3 (� 1_Roof lii�es are designed ro avoid a predominantly flat and featureless appearance du variations in roof
�e; height, fonns, angles, and materials.
2 and 8 ��� 2. Building height may not exceed 30 ft. above ABE wlter� for the portion of the buildine located-l�eEweei� within 20
ft.-ar�-4A-f�-f�rtT-of a �g�e-ke�x+�y-residential zone. .
a.a i nn �a 4:.�... ,. .,.i. -. ,
3. . . . . , . .
�weNi+tg-w�iE� Alremativelv applicant may choose to submit a parkin� study ii� accordance with FWRC 19.130.080(2�.
4. Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, tacilities, and
activities associated with this use.
5. Any open space requirements wiil be detennined on a case-by-case basis.
6. No maximum lot coverage is established. Instead, the buildable area will be deteimined by otl�er site development
requirements; i.e., ��equired butfers, parking lot landscaping, surface water facilities, ete.
7, For community design guidelines that apply to the pr�ject, see Chapter 19.1 I 5 FW RC.
A. For landscaping requirements that apply to the pmject, see Chapter 19.125 FWRC.
9. For sign requirements that apply to the prqject, see Chapter 19.140 FWRC.
10. Refer to Chapter 19.265 FWRC to dete�mine what other rrovisions of diis chaptcr may apply to die suhject
propeily.
1 L For provisions that relate to the keeping of animals, see Chapter 19Z60 FWRC.
Process I. IL Ill and IV are described in Forother information about parking and parking areas. sce Chapter 19.130 FWRC.
Chapter 19.55 FWRC.
Chapter 1260 FWRC.
Chapter 19.65 FWRC. fbr details of what may esceed ihis height limit. see PWR(' 19. I 10.050 et seq.
Chapter 19.70 FWRC respectively. For details regarding required yards. see FWRC 19.125.160 et seq.
Ordinance No. 10- Page 1 �f 10
Rev l / 10 LU
Section 5. FWRC 19.115.090 "District Guidelines" is hereby amended to read as follows:
"In addition to the foregoing development guidelines, the following supplemental
guidelines apply to individual zoning districts:
(1) Professional office (PO), neighborhood business (BN), and community business
(BC).
(a) Surface parking may be located behind the building, to the side(s) of the
building, or adjacent to the right-of-way; provided, however, that parking located
adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to
FW RC 19.115.050(4).
(b) Entrance facades shall front on, face, or be clearly recognizable from the
right-of-way; and shall incorporate windows and other methods of articulation.
(c) Building entrances shall be architecturally emphasized and shall incorporate
transparent glass.
(d) Ground floor entrances to retail sales or services shall incorporate plaza
features or furnishings, and/or streetscape amenities, in a context-sensitive amount and
combination, considering the scale of the retail use(s) and entrance(s) to the overall
building or development, and the proximity and access to other existing plaza or
streetscape features.
(e) Ground-level mirrored or reflective glass is not allowed adjacent to a public
right-of-way or pedestrian area.
(f) If utilized, chain-link fences visible from public rights-of-way or adjacent
properties, and not screened by Type I landscaping as defined by Chapter 19.125
FWRC, shall utilize vinyl-coated mesh, powder-coated poles, dark color(s), and
architectural element(s) such as pole caps and/or decorative grid pattern.
For residential uses only:
(g) Landscaped yards shall be provided between building(s) and public street(s).
Parking lots should be beside or behind buildings that front upon streets.
(h) Parking lots should be broken up into rows containing no more than 10
adjacent stalls, separated by planting areas.
(i) Pedestrian walkways (minimum six feet wide) shall be provided between the
interior of the project and the public sidewalk.
(j) Lighting fixtures should not exceed 20 feet in height and shall include cutoff
shields.
O��dinance No. 10- Page 1 of 10
Rev 1 / 10 LU
�
Figure 16 — FWRC 19.115.090(1)
(k) Principal entries to buildings shall be highlighted with plaza or garden areas
containing planting, lighting, seating, trellises and other features. Such areas shall be
located and designed so windows overlook them.
Figure 17 — FWRC 19.115.090(1)
(I) Common recreational spaces shall be located and arranged so that windows
overlook them.
Ordinance No. 10- Page 2 of 10
Rev 1 / 10 LU
_� � � __�-
r
�'
e
Figure 18 — FWRC 19.115.090(1)
(m) Units on #he ground floor (when permitted) shall have private outdoor spaces
adjacent to them so those exterior portions of the site are controlled by individual
households.
Figure 19 — FWRC 19.115.090(1)
(n) All new buildings, including accessory buildings such as carports and
garages in PO & BN zones only, shall appear to have a roof pitch ranging from at least
4:12 to a maximum of 12:12.
Figure 20 — FWRC 19.115.090(1)
Ordinance No. 10- Page 3 or10
Rev l / 10 LU
(o) Carports and garages in front yards should be discouraged.
(p) Building facades that exceed 120 feet in length and are visible from an
adjacent residential zone, right-of-way, public park, or recreation area shall incorporate
a significant structural modulation (offset). The minimum depth of the modulation shall
be approximately equal to 10 percent of the total length of the subject facade and the
minimum width shall be approximately twice the minimum depth. The modulation shall
be integral to the building structure from base to roofline.
(q) Buildings should be designed to have a distinct "base," "middle" and "top."
The base (typically the first floor) should contain the greatest number of architectural
elements such as windows, materials, details, overhangs, cornice lines, and masonry
belt courses. The midsection, by comparison, may be simple. (Note: single-story
buildings have no middle.) The top shoufd avoid the appearance of a flat roof and
include distinctive roof shapes including but not limited to pitched, vaulted or terraced,
etc.
Figure 21 — FWRC 19.115.090(1)
(r) Residential design features, including but not limited to entry porches,
projecting window bays, balconies or decks, individual windows (rather than strip
windows), offsets and cascading or stepped roof forms, shall be incorporated into all
buildings. Window openings shall have visible trim material or painted detailing that
resembles trim.
(s) Subsection (1)(n) of this section shall apply to self-service storage facilities.
(2) Office park (OP), corporate park (CP), and commercial enterprise (CE).
(a) Surface parking may be located behind the building, to the side(s) of the
building, or adjacent to the right-of-way; provided, however, that parking located
adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to
FWRC 19.115.050(4).
(b) Entrance facades shall front on, face, or be clearly recognizable from the
right-of-way.
(c) Building entrances shall be architecturally emphasized and shall incorporate
transparent glass.
(d) Ground floor entrances to retail sales or services shall incorporate plaza
features or furnishings, and/or streetscape amenities, in a context-sensitive amount and
Ordinance No. 10- Page 4 oT 10
Rev 1 / 10 LU
combination, considering the scale of the retail use(s) and entrance(s) to the overall
building or development, and the proximity and accessibility from the building to other
existing plaza or streetscape features.
(e) Ground-level mirrored or reflective glass is not allowed adjacent to a public
right-of-way or pedestrian area.
(f) If utilized, chain-link fences visible from public rights-of-way or adjacent
properties, and not screened by Type I landscaping as defined in Chapter 19.125
FWRC, shall utilize vinyl-coated mesh, powder-coated poles, dark color(s), and
architectural element(s) such as pole caps and/or decorative grid pattern.
For non-single-family residential uses only:
(g) Subsections (1)(g) through (r) of this section shall apply.
(3) City center core (CC-C) and city center frame (CC-F).
(a) The city center core and frame contain transitional forms of development with
surface parking areas. However, as new development or redevelopment occurs, the
visual dominance of surface parking areas shall be eliminated or reduced.
Therefore, parking shall be located behind building(s), with building(s) located
between rights-of-way and the parking area(s), or in structured parking, and any parking
located along a right-of-way is subject to the following criteria:
(i) In the city center core, surface parking and driving areas may not occupy
more than 25 percent of the project's linear frontage along principal pedestrian right(s)-
of-way, as determined by the director.
(ii) In the city center frame, surface parking and driving areas may not
occupy more than 40 percent of the projecYs linear frontage along principal pedestrian
right(s)-of-way, as determined by the director.
(iii) A greater amount of parking and driving area than is specified in
subsections (3)(a)(i) and (ii) of this section may be located along other rights-of-way;
provided, that the parking is not the predominant use along such right-of-way, as
determined by the director.
(b) Principal entrance facades shall front on, face, or be clearly recognizable
from the right-of-way, and/or from the principal pedestrian right-of-way, as determined
by the director, for projects exposed to more than one right-of-way.
(c) Building facades shall incorporate a combination of facade treatment options
as listed in FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the
building size, scale, design, and site context, and according to the following guidelines:
(i) Principal facades containing a major entrance, or located along a right-
of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a
variety of pedestrian-oriented architectural treatments, including distinctive and
prominent entrance features; transparent glass such as windows, doors, or window
displays in and adjacent to major entrances; structural modulation where appropriate to
break down building bulk and scale; modulated rooflines, forms, and heights;
architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork;
and streetscape amenities. At least 40 percent of any ground level principal facade
located along a right-of-way must contain transparent glass. Landscaping shall be used
to define and highlight building entrances, plazas, windows, walkways, and open space,
and may include container gardens, wall and window planters, hanging baskets,
Ordinance No. 10- Page 5 of IO
Rev 1/l0 LU
seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens.
Landsc���?ing should not block views to the building or across the site. Foundation
landscaping may be used to enhance but not replace architectural treatments.
(ii) Secondary facades not containing a major building entrance, or located
along a right-of-way, or clearly visible from a right-of-way or public sidewalk, may
incorporate facade treatments that are less pedestrian-oriented than in subsection
(3)(c)(il of this section, such as a combination of structural modulation, architectural
articulation, and foundation landscaping.
(iii) Principal facades of single-story buildings with more than 16,000 square
feet of gross ground floor area shall emphasize facade treatments that reduce the
overall ��pearance of bulk and achieve a human scale. This may be accomplished
through such design techniques as a series of distinctive entrance modules or
"storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza
adjacent to the entrance.
(d) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking
areas, and any pedestrian plazas and public space to primary building entrances.
Where a use fronts more than one right-of-way, pedestrian access shall be provided
from both rights-of-way, or from the right-of-way nearest to the principal building
entrance. Multiple-tenant complexes shall provide pedestrian walkways connecting all
major business entrances on the site. Pedestrian pathways shall be clearly delineated
by separate paved routes using a variation in color and texture, and shall be integrated
with the landscape plan. Principal cross-site pedestrian pathways shall have a minimum
clear width of six feet in the city center frame, and a minimum clear width of eight feet in
the city center core, and shall be protected from abutting parking and vehicular
circulation areas with landscaping.
(e) Drive-through facilities and stacking lanes shall not be located along, or in
conjunction with, a building facade that faces or is clearly visible from a right-of-way,
public sidewalk, or pedestrian plaza. Such facilities shall be located along other,
secondary facades, as determined by the director, and shall meet the separation,
screening, and design standards listed in FWRC 19.115.050(7)(b)(ii), (iii), and (iv).
(f) Above-grade parking structures with a ground level facade visible from a
right-of-way shall incorporate any combination of the following elements at the ground
level:
(i) Retail, commercial, or office uses that occupy at least 50 percent of the
building's lineal frontage along the right-of-way; or
(ii) A 15-foot-wide strip of Type III landscaping along the base of the
facade; or
(iii) A decorative grille or screen that conceals interior parking areas from
the right-of-way.
(g) Facades of parking structures shall be articulated above the ground level
pursuant to FWRC 19.115.060(3)(a).
(h) When curtain wall glass and steel systems are used to enclose a building,
the glazing panels shall be transparent on 50 percent of the ground floor facade fronting
a right-of-way or pedestrian area.
(i) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used,
Ordinance No. 10- Page 6 of 10
Rev l/]0 LU
(j) For residential uses, subsections (1)(g) through (j), (I), (m), (o), (q), and (r) of
this section shall apply.
(4) For all residential zones.
(a) Nonresidential uses. Subsections (1)(g) through (k) and (n) through (r) of this
section shall apply.
(b) Non-single-family residential uses except for zero lot line townhouse
residential uses and attached dwelling units. Subsections (1)(g) through (r) of this
section shall apply.
(c) Zero lot line townhouse residential uses and attached dwelling units.
Subsections (1)(j), (I) through (o), and (r) of this section shall apply.
Section 6. FWRC 19.125.040 is hereby amended to read as follows:
"(1) All portions of a lot not used for buildings, future buildings, parking, storage or
accessory uses, and proposed landscaped areas shall be retained in a"native" or
predeveloped state. The department of community development may allow or require
supplemental plantings in these areas, pursuant to the provisions of this title. .
(2) All outside storage areas shall be fully screened by Type I landscaping a minimum
of five feet in width, as described in FWRC 19.125.050(1), unless determined by the
community development review committee (CDRC) that such screening is not
necessary because stored materials are not visually obtrusive.
(3) Slopes in areas that have been landscaped with lawn sha�l generally be a 3:1 ratio
or less, length to height, to assist in maintenance and to allow irrigation systems to
function efficiently. In other areas of plantings, a slope of up to a 2:1 ratio, length to
height, may be used if acceptable to the public works director, upon review of a
geotechnical/soils study submitted by an applicant to ensure soil slope integrity.
Figure 1 — FWRC 19.125.040(4)
(4) All trash enclosures shall be screened from abutting properties and/or public
rights-of-way by a 100 percent sight-obscuring fence or wall and appropriate landscape
screen.
Ordinance No. 1 D- Page 7 of 10
Rev 1/10 LU
(5) Type III landscaping, defined in FWRC 19.125.050(3), shall be placed outside of
sight-obscuring fences abutting public rights-of-way and/or easements unless
determined by the director of community development that such arrangement would be
detrimental to the stated purpose of this article.
(6) With the exception of lawn areas, at least 25 percent of new landscaping materials
(i.e., plants, trees, and groundcovers) shall consist of drought-tolerant species. All
developments are encouraged to include native Pacific Northwest and drought-tolerant
plant materials for all projects.
(7) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting
measured 4.5 feet above the root ball or root structure.
(8) Evergreen trees shall be a minimum six feet in height (measured from tree top to
the ground} at the time of planting.
(9) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub
to the ground) at the time of planting based on the following:
(a) Small shrubs — 12 inches.
(b) Medium shrubs — 18 inches.
(c) Large shrubs — 24 inches.
(10) Groundcovers shall be planted and spaced, using a triangular planting
arrangement, to result in total coverage of a landscaped area within three years.
(11) Areas planted with grass/lawn shall:
(a) Constitute no more than 75 percent of landscaped areas, provided, there
shall be an exception for biofiltration swales; and
(b) Be a minimum of five feet wide at the smallest dimension.
(12) Grass and required landscaping areas shall contain at least four inches of topsoil
at finish grade.
(13) Existing clay or sandy soils shall be augmented with an organic supplement.
(14) Landscape areas shall be covered with at least two inches of mulch to minimize
evaporation where plant materials will cover and three inches of mulch over bare soil.
(15) In order to reduce irrigation requirements, design principles using xeriscape
techniques are encouraged. In meeting water conservation goals, and to deliver
appropriate amounts of water necessary to maintain planted vegetation, species that
are not drought tolerant should be grouped together and have irrigation systems, and be
separated from any other irrigation system provided for drought-tolerant species.
(16) Mulch shall be used in conjunction with landscaping in all planting areas to meet
xeriscaping goals, assist vegetative growth and maintenance or to visually compliment
plant material. Mulches include organic materials such as wood chips and shredded
bark. Nonvegetative material shall not be an allowable substitute for plant material.
(17) All development shall comply with city of Federal Way street tree requirements.
(See the City of Federal Way Right-of-Way Vegetation Standards and Specifications
Manual.)
(18) Landscaping proposed to be located within or adjacent to utility easements shall
be reviewed by the respective utility agency(ies).
(19) Landscaping and fencing shall not violate the sight distance safety requirements
at street intersections and points of ingress/egress for the development.
OrdinUnce No. 10- Page 8 of 10
Rev ] / 10 LU
(20) All tree types shall be spaced appropriate for the compatibility of the planting
area and the canopy and root characteristics of the tree.
(21) All permanent lawn or sod areas shall have permanent irrigation systems.
(22) Screening of blank building walls. Building walls which are uninterrupted by
window, door, or other architectural feature(s) listed in Chapter 19.115 FWRC,
Community Design Guidelines, FWRC 19.115.060(3)(b), that are 240 square feet or
greater in area, and not located on a property line, shall be screened by landscaping.
Such planting shall include trees, shrubs and groundcover appropriate for the area
proposed.
(23) Foundation landscaping is encouraged for all developments to reduce the scale,
bulk and height of structures.
(24) All loading areas shall be fully screened from public right-of-way or
nonindustrial/manufacturing uses with Type I landscaping.
.��
a�� '
�
.
H� •
� � �,.....� .
rr �
. �
Figure 2 — FWRC 19.125.040(23)
(25) Use of products made from post consumer waste is encouraged whenever
possible.
(26) Soil in parking lot landscaped areas must be noncompacted to a depth of 18
inches prior to planting of any shrubs, trees, or groundcovers.
(27) Landscaping shall not be required along interior lot lines within a development
where parking is being shared.
(28 Landscapinq is not required alonq perimeter lot lines abutting riaht-of-wavs
where no required yards applYpursuant to Division VI'Zoning Regulations'
Section 7. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
Ordinance No. ]0- � Pa�e 9 of 10
Rev 1/l0 LU
not affect the validity of the remainder of the ordinance, ar the validity of its application to any
other persons or circumstances.
Section 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, LINDA KOCHMAR
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
C1TY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: .
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 10- Page 10 of 10
Rev 1/10 LU
19.220.050 Multi-unit housing. (PLANNING COMM1SSlON RECOMMENDED CHANGESj
The followin uses shall be ermitted in communit business (BC) zone sub'ect to the regulations and notes set forth in this section:
USE ZONE CHART
z DIRECTIONS: F1RST, read down to find use ... THEN across for REGULATIONS
p Miuimums
� Re uired Yards ZONE
la N N BC
� �
� o �
a � s w �
� � � N °��' � � ` c
USE �'� o o b � .� � g� SPECIAL REGULATIONS AND NOTES
ll c� tx ..� w v� cG x cn a a,
Midti-unit Process li None Same as these 3-5 65 R. 8eter-�� 1• �
housing or with regulations for above efl-�sas�by
(stacked SEPA, ground floor use average sase-E�asis . � � ° � �
dwelling Process except 5 ft building 1.2 — 1.8 ��� � All non-residential ground tloor spaces must have a minimum tlourto-ceiling height of 13 tt. ;vid a
minimum depth of l5 ft.;
units) III abuttine elevation soaces ner ��,, �, .; .�,. ,,,,..,„� e� ...:.�, .,,..._ �.
residential zones (�ABE) dwelline , ;
te-(�-t�: unit. ..,..�.,� �..�.,a-.,••;�..•a.e:,ms:..�•• . .
See notes 2 attJ 9�E 2. Building lieight m�ry not exceed 30 t4. AABE for d�e portiou of the buildine w}�e+� located �ietwe�x within 2U ft. �uid-w+alaiit-4(1-ti.
10 See riote5. trotn a;:.. .��',.;g residentiul zone„ ...,, _..., .,... o..,.....a n� w. � tic ...�.,.., i..,, ..o,� �.........e.. �r, a ....,, , ��. F,�.,... .. ..�, .,,, ..,.
See ttotes 3, Roof lines aze desigued to avoid a�redominandv tlat and feamreless appearance through variations in roof heiaht, fonus, ankles.
�}� 2 uud materiuls.
r. 4. ne..i.� ..:. � .......:.... ....... ..... �.._ �,..,...,.a ,,., .�.o ...,.....a a_,,. „c„ ..._.,,....o. Multi housinu and accessav residential uses
mav be located on the tROUnd tloor of a stn�cture only as follows (aj_.Kround level space diat spans at least ti0 oercent of the len�
of the orincipal wmmercial facade. as detennined bv the director. is occupied witli one or more other use(s1 allowed in ttiis zone
a�id (b) eround level space that spans at least 40 oercent of tl�e lent!th of all otl�er street-facing facades is occupied widi one or more
other use(s? allowed in this zone.
Pazkine in coniunction with otl�er i�ses allowed in this zone mav also be lucated on the eround tloor of the structure if non-visible
from d�e right-ot=way or public areas.
n m�.., .. �.�,.,.....,...,,..........,. ,._.....:.. ... � ....... ...... ....... r,.. ,..,...... �o ,�.....u:.... ....:...
5 I 2 uarkinp stalis oer dwelline unit for units oY' up ro 2 bedrooms. L8 parking stalls tbr dwelliug units of 3 bedrooms ur u�ore.
Dwelling unit oarkine stalls are in additio� to required �azkin for all non-resiJential eround tloor uses Alrernativelv applicant
mav dioose ro submit a parkine studv in accordance with FWRC 19.130.080(21.
� G. Chapter 19.265 FWRC coutains regulations regarding home occupations and other accessories, facilities a��d activities
associated witl� this use.
6- 7. "fhe subjzct property must contuiu at least 39{� 150 sq. N. per dwelling uuit ol'conunou recreatiunal opeu space usable Cor mauy
acuvities, und mny iudude private spaces such as y�uds, putios, m�d balcouies, as well as cuuunou areus such as pl.rygrounds,
recreation ruoms, rooftup [erraees, pouls, active lobbies, ux� atriums, or other areas the dircctor deews aupro[�riate.
� 8. No maximum lot coverage is established. lnstead, the buildable area will be detennined by other site development
reyuuemeuts; i.e., reyuired buffers, parking lot landscapiug, surYace water facili[ies, etc.
!� 9. l�or couimuuity design guiJelines that apply to the project, see Chapter 19.115 FWRC.
1} tU. F'or landxaping requiremenu diat apply to [lie project, see Chapter 19. t25 FWRC.
�& 11. For sign requirements that apply to the project, see Cl�apter 19.140 FWRC.
�-{- 12. Refer to Chaprer 19265 FWRC ro determine wha[ odter provisions of this chapter may apply to the subject proprny.
�- l3. For rovisions that relate to the kee in of'animals, see Cliu ter 19.260 FWRC.
Procesx 1, ll, ILl and IV ue daseribed in For other i��formation about pnrking and parking areas, see chapter 19.130 FWRC.
Chapter 19.55 FWRC,
�hapter 19.60 PWRC,
Chapter 1465 FWRC, 1'ur details oFwhat n�ay exceed tlus height limit, nee FWRC 1).1 IOASU et sey.
Chapter I9.70 FWRC respectively, Fur deiails regarding required yards, see FWRC 19.125.160 et seq.
K;�201U Code AmenJments\BC "Lone Amendments�BC Zone Charts\Pixnning Commission RecommendationU9-220-050 Multi-Unit Housing [AMENDED].DOC
19-220-080 Senior citizen - Special needs housing [PLANNING COMMISSION RECOMMENDED CHANGES�
The followin uses shall be ermitted in communit business BC zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CNART
z DIRECTIONS; FIRST, read down to find use ... THEN, across for REGULATIONS
O Minimums
E"' Re uired Yards ZONE
Q
� " � BC
� �
W a � w �
x � � � �� ��,
� =� � � �� �
USE �'� o ` .� � .�° 2 �� SPECIAL REGULATIONS AND NOTES
u xx a w v� x xv� xa
Senior Process Il None �9 0 5 ft. 5 ft. 33 65 ft. �ete�tpitaed . .
citizen or or H�ith fl. above en-a-sase-by � , . .
special SEPA, £�-�g average sase-bas+s (a)
needs Process +�• "� building 0.5 parking ,
housing III. sing}e- elevatio» snaces aer +�, ^^a ^^��^�^�..^� a�^,� ^F 1 C A ;
(stacked €a�+}� (/u1BE} dwe►line r�� Q .:�.+;.... ao:..w .. ,,,..�:e.. ,.:.t, ., o �.
dwelling ��} te-3�-€t- unit.
units) �er�es ,4t�g� �c ��r�,Q,...,,
See notes �-fl4�f� See note 3 � 1_,. Roof lines are designed to avoid a predominandy flat and featureless appearance through variatioits in touf
2 8 &ee-NeE�s height, 1'ornis, angles, and materials.
,°.�,,' 2. Building height may not exceed 30 ft. AABE ivHen f'or the portion of the building located-bzEivee+3 within 2� ft.
�d�49-k--€�ta-of a ° �T.,�'.o ;��residential zone, ^�' ^� �°�+ ^n " ^ ^ n�-�,vH����d
3. . > cs�Y-�3
c#w�4Fieg-t+t�its- Aaplicant may choose to submit a parking studv in accorda�iee with FWRC l9.130.080(2).
4. Chapter 1).265 FWRC contains regulations regazding home occupations anJ other accessories, facilities, uid
activities associated with this use.
5. Any open space reyuirements will be determined on a case-by-case basis.
6, No ntaximum lot coverage is established. Instead, the buildnble area will be determined by other site development
requirements; i.e,, required bufters, parking lot landscaping, surf'ace water facilities, etc.
7_ For community design guidelines that apply to the project, see Chapter 1).115 FWRC.
8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
9. For sign requirements that apply to the project, see Chapter ]9.140 FWRC.
10. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to tlie subject
property.
1 l. For provisions diat relate to the keeping of animals, see Chapter 19.260 FWRC.
Process I, 11, [ll uud IV are describeJ iu For other iutbrmatiou about parking and parking aueas, see Chapter 19.130 FWRC.
Chapter I9.55 PWRC,
Chapter I9.6U FWRC,
Chapter t9.65 F WRC, Fbr details of what m�y exceed this height lihiit, see FWRC 19, l lU,U50 et sey,
Cl�apter 19.70 FWRC respectively. �or details regarding roquired yards, see FWRC I9.125.160 et seq.
K:�2010 Code Amendments�BC Zone Amendments�BC "Lone Charts�f'lanning Commission Recommendatiun\19-22U-080 Senior Citizen, Special Needs [AMENDGD].DOC
Mixed-Use Building under Existing Code
ny
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�ne
`5
NO
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3S
'�;a"9�r�;'�, ""'a���.
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DO
Mixed-Use Buildin� under Proposed Code
�ny
�esidential
;one
I.S
�
m 5 20
t t a
0 1 S so
One inch represents 50 feet
�nb
Office on th� Ground Floor
Any
)ther �
�one
Office on the Gruund Floor
Any
Other
Zone
�
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m
Q '10 L10 1 t�0 �
�+�;,r����B...?�,� g'�
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yd
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v
Senior Housing under Existing Code
Any
Other
Zone �
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Senior Housing under Proposed Code
Any
Other .
Zone �
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m5 2� iuo 1oa �� _ �oa 3mo
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One inch represents 50 feet
_.�.w.. ..._.�.,a........,.. ..��.,�..�.._.��..._ �._�..�..�...�..__r_.....�._....�.W._.._.... ____....._.,._,.._,.._ �..._._....�.�.__.._....�.
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