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HomeMy WebLinkAbout2019-03-19 Council PKT - RegularCITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall March 19, 2019 — 6:30 p.m.* *PLEASE NOTE NEW START TIME CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: Celebrating Women in Public Office Day ...page 4 b. Mayor's Emerging Issues and Report • Recent Events: FW Chamber Luncheon — ST TDLE Project Update (3/6); Clinic Dermatology Ribbon Cutting (3/7); FW Young Life Annual Banquet (3/8); TJ HS Raider Parent Movement (RPM) Dinner and Auction (3/9); PAC12 Men's Swimming Finals @ Weyerhaeuser Aquatics Center (3/9); Middle Income Housing Affordability Meeting with Mayors, Microsoft, and Challenge Seattle (3/13) • Severe Weather Shelter Meeting with area Faith -Based groups and Non -Profits on March 27 at City Hall at 11:30 a.m. • Downtown Staircase Groundbreaking — April 2 at noon Council Committee Reports • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Land Use/Transportation Committee (LUTC) • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Deputy Mayor Report/Regional Committees Report 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three 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; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. a. Minutes: March 5, 2019 Regular Meeting ...page 5 b. 2018 Emergency Management Performance Grant ...page 13 c. Third Amendment for Janitorial Service ...page 51 d. Equipment Purchase — One (1) Additional Parks Dept. Utility Cart Using Replacement Reserves ...page 58 e. HVAC Services Contract Award ...page 60 f. Tree Services Contract Award ...page 86 g. Use of Additional Unallocated Mitigation Funds to Complete the Purchase of one (1) Foreclosed King County Parcel for Open Space and Recreation ...page 99 h. Renewing a MOU with the Internet Crimes Against Children Task Force ...page 100 i. Police Services Agreement with Commons Mall ...page 126 j. Public Safety Testing (PST) Total Compensation Amendment from $37,500 to $47,500 ...page 134 k. 2019 Human Services Commission Work Plan ...page 139 I. 2019 Asphalt Overlay Program Bid Award ...page 143 m. NPDES Annual Report and Stormwater Management Program Update ...page 148 6. PUBLIC HEARING a. Community Development Block Grant (CDBG) Citizen Participation Plan ...page 186 • Staff Presentation: Jeff Watson, Community Services Manager • Citizen Comment • Council Discussion/Questions b. First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan ...page 202 • Staff Presentation: Sarah Bridgeford, CDBG Coordinator • Citizen Comment • Council Discussion/Questions c. Program Year 2018 Consolidated Annual Performance and Evaluation Report (CAPER) ...page 231 • Staff Presentation: Sarah Bridgeford, CDBG Coordinator • Citizen Comment • Council Discussion/Questions 7. COUNCIL BUSINESS a. 2019 Planning Commission Work Plan ...page 268 b. Authorization to Pursue Bond Financing for SCORE Jail Bond Defeasance ...page 273 The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 8. ORDINANCES First Reading a. Council Bill # 754/ Relating to the 2018 Amendments to the Federal Way Comprehensive Plan and Comprehensive Plan Map to Realign the Future Extension of South 324th St Further South to Connect with Weyerhaeuser Way South ...page 276 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDMENTS TO THE FEDERAL WAY COMPREHENSIVE PLAN, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, AND APPROVING A CITY -INITIATED COMPREHENSIVE PLAN AMENDMENT TO REALIGN THE FUTURE EXTENSION OF SOUTH 324TH STREET TO CONNECT TO WEYERHAEUSER WAY SOUTH INSTEAD OF 32ND AVE SOUTH. (Amending Ordinances nos. 90-43, 95-248, 96-270, 98-330, 00-372, 01- 405,03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-64, 10- 671, 11-683, 13-736, 13-745, 15-796, 15-798, and 18-843) Staff Presentation: Rick Perez, City Traffic Engineer Council Questions/Discussion Citizen Comment b. Council Bill # 755/ Relating to the 2018 Amendments to the Federal Way Comp Plan, Comp Plan Map, and Zoning Map for the Milton Road Area Legislative Comp Plan Amendment and Rezone ...page 365 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDMENTS TO THE FEDERAL WAY COMPREHENSIVE PLAN, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP, AND APPROVING A CITY -INITIATED COMPREHENSIVE PLAN AMENDMENT AND LEGISLATIVE REZONE OF 56.06 ACRES LOCATED NORTH OF SOUTH 376TH STREET, EAST OF INTERSTATE 5, FROM SINGLE-FAMILY MEDIUM DENSITY (RS 35.0, ONE UNIT PER 35,000 SQUARE FEET) TO SINGLE-FAMILY HIGH DENSITY (RS 7.2, ONE UNIT PER 7,200 SQUARE FEET). (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98- 330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, and 18-843) Staff Presentation: Doc Hansen, Planning Manager Council Questions/Discussion Citizen Comment 9. COUNCIL REPORTS 10. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY OF Federal Way PROCLAMATION "Celebrating Women in Public Office Day" WHEREAS, the month of March is Women's History Month and celebrates the significant contributions women of all races, ethnicities, and backgrounds have made to the world; WHEREAS, women play a critical role in the vitality and diversity of our communities, and are essential to ensuring Federal Way is well -represented; WHEREAS, while the twentieth century was a pivotal time of growth for women entering politics, women remain underrepresented in male -dominated fields, and thus, providing opportunities to support women in public office is imperative; WHEREAS, recognizing women in public office will bring awareness to the fundamental necessity of their work and will inspire other young people to serve their communities; NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby proclaim March 19th, to be Celebrating Women in Public Office Day and call upon the people of Federal Way to unite as we support the success of women in public office and observe March 19th with appropriate activities, events and programs. SIGNED this 19th day of March, 2019. FEDERAL WAY MAYOR AND CITY COUNCIL V Martin Moore, Councilmember IJk_A/Jow- usan H pda, Deputy Mayor Jes E. Johnson, ouncilmember ,�Zk Koppan uncilmember Dini Duclos, Councilmember COUNCIL MEETING DATE: March 19, 2019 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES ITEM #: POLICY QUESTION: Should the City Council approve the draft minutes for the March 5, 2019 Regular City Council Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT Mayor's Office Attachments: Draft minutes for the March 5, 2019 Regular Meeting Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A Committee Chair CITY CLERK APPROVAL: Committee Member PROPOSED COUNCIL MOTION: `I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) N/A Committee Member COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2016 RESOLUTION # CIT Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall fl March 5, 2019 — 7:00 p.m. ID?11� 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:03 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Volunteer Recognition Communications Coordinator Tyler Hemstreet reported on the volunteer reception held earlier this evening in Council Chambers honoring twenty individuals fortheir volunteering efforts. He noted these specific individuals are those who work hard behind the scenes to recruit, train, mobilize, and engage volunteers with the goal to make the City of Federal Way a better place. He introduced Rue Nelle McCullah who previously ran the Mitchell House for the Multi - Service Center (MSC) and remains a fixture in the community. Ms. McCullah shared her experiences with volunteering and the development of the idea to recognize those who run volunteer programs. b. Mayor's Emerging Issues and Report Mayor Ferrell recognized the exceptional Public Works and Parks staff response during the most recent snow storm. He indicated the City recognized a gap in services for those experiencing homelessness during extreme weather events which will be addressed. In an effort to do so, he will be convening the faith -based and non-profit community groups on March 27 in order to find a solution for sheltering individuals during cold weather events. State of the City Address at Performing Arts & Events Center — Mayor Ferrell reported the success of the State of the City Address on February 28 with nearly 700 individuals in attendance. The theme of the night was "The Future is Now". Federal Way City Council Regular Minutes Page 1 of 7 March 5, 2019 The Mayor was able to share the vision and direction of the future for the City and outline all of the current projects the city is working on. Report on Recent Community Events — Mayor Ferrell reported on numerous community events he participated in including the Sound Transit Tacoma Dome Link Extension (TDLE) Elected Leadership Group Meeting on February 22; Maintenance Yard Visit on February 22; University Initiative Stakeholders Meeting on February 22; South King County Public Leadership Reception hosted by King County Councilmember Pete von Reichbauer on February 26; Ribbon -Cutting Ceremony at La Quinta Inn & Suites on February 27; and SCORE Admin Board Meeting on February 27. • Upcoming Events— Mayor Ferrell announced the PAC 12 Men's Swimming Finals on March 6 through 9 at the King County Aquatics Center; Coffee with a Cop on March 6 at B & R Espresso Bar; and a new Police Sub -Station opening in Twin Lakes. c. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) — Chair Duclos indicated the Committee will have additional economic development focused meetings in May, July, and October. She also reviewed agenda items from the previous meeting which have been included in the consent agenda. Lodging Tax Advisory Committee (LTAC) — Chair Moore expressed his excitement to be an ambassador for the city and enjoys engaging with individuals and promoting Federal Way. Land Use/Transportation Committee (LUTC) — Chair Koppang reported LUTC had a three hour meeting where they engaged in good discussion about the future of Federal Way. He is looking forward to partnering with committee members and councilmembers on the proposed rental inspection ordinance. Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)—Chair Johnson indicated he is excited to work on development of the Senior Commission announced by the Mayor at the State of the City. He outlined the agenda items for the upcoming, meeting on March 12. Deputy Mayor Report/Regional Committees Update - Deputy Mayor Honda attended a Sound Transit Community Meeting on March 12 where they overviewed sites being considered for the Operations and Maintenance Facility (OMF). She is eager for the development of the Senior Committee and asked for community input. She and Councilmember Assefa-Dawson attended the King County Charter Review at the Community Center and overviewed the items that were discussed. 4. CITIZEN COMMENT Bob Dockstader the president of the Kiwanis Club of Federal Way presented a grant of $1,150 to Kevin Hutchinson for the Friendship Theatre Program of the Recreation Inclusion Program. Mr. Hutchinson thanked the Kiwanis for their continuous support. Katherine Festa shared her excitement for the Light Rail and concerns that the proposed parking garage will not have enough capacity, especially as the city grows. She also shared a reminder that Federal Way City Council Regular Minutes Page 2 of 7 March 5, 2019 the Vets and Senior Human Services Levy is meeting next March 14 at the Federal Way library. TaShawna Nash expressed concern for the potential loss of mature forest if Industrial Realty Group (IRG) develops on the former Weyerhaeuser property. She listed several benefits from spending time in nature and green spaces that would be lost if these approximately 91 acres are cleared. Dana Hollaway voiced concerns about the disruptions of upcoming street projects including the light rail; possible Sound Transit Operations and Maintenance Facility; and multiple WSDOT improvements. Richard Pierson apologized to Council and Community Development Director Brian Davis for his misunderstanding of statements made at the February 20 Planning Commission meeting. He indicated disagreement with the classification of the extension of S 324th to Weyerhaeuser way as a minor adjustment. Suzanne Vargo shared concerns regarding the proposed rezoning near Wild Waves due to the fact it would increase density and there would be associated consequences to the environment. Letter read by City Clerk from Isaiah Maccotan regarding an recent visit to the Community Center. 5. CONSENT AGENDA a. Minutes: February 19, 2019 Regular and Special Meeting Minutes b. Vouchers — January 2019 c. Monthly Financial Report — Final December 2018 DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH C ON THE CONSENT AGENDA; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore. yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 6. COUNCIL BUSINESS a. Resolution: Amending Council Rules of Procedure/APPROVED RESO #19-751 City Attorney Ryan Call indicated the amendments included in the proposed resolution resulted from the Council Retreat, discussions with Deputy Mayor Honda, and notes staff have made regarding grammatical and formatting issues. He highlighted the proposed amendments including: • Changed the Regular Council Meeting time to 6:30 p.m.; • Updated order of Council Meeting Agenda to reflect current practices; • Added Citizen Comment section added for first reading of Ordinances; • Altered "Lay of Table" to reflect usage in Robert's Rules; • Addressed procedure if Committee Chair declines to participate in Agenda Setting; • Updated definition of "immediate family partner"; Federal Way City Council Regular Minutes Page 3 of 7 March 5, 2019 • Updated remote participation rules; • Provided guidance regarding gratuities; • Added option of First Class Air Travel to accommodate medical condition; • Adjusted training timeline to coincide with the Public Records Act; • Updated to add Lodging Tax Advisory Committee as a Council Committee; and • Added a Social Media Policy. Councilmembers thanked Mr. Call for his presentation and work on the changes as previously discussed during the retreat. Council discussion centered on the possibility of including business class travel rather than first class; to balance the need for fiscal responsibility. Mr. Call noted if a documented medical need is presented; it will have to be accommodated.. Mr. Call reminded Council these rules only apply to City Council not city staff. Any additional modifications would need to come back at a later date through a subsequent resolution. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED RESOLUTION AMENDING THE CITY COUNCIL RULES OF PROCEDURE; COUNCILMEMBER ASSEFA-DAWSON SECOND. COUNCILMEMBER MOORE AMENDED THE MOTION TO INCLUDE AMENDING THE RESOLUTION TO STRIKE SECTION 16.12 FIRST-CLASS AIR TRAVEL (SECTION 44); COUNCILMEMBER TRAN SECOND. The amendment passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes The main motion as amended passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. Resolution: Amending City of Federal Way Code of Ethics/APPROVED RESO#19-752 City Attorney Ryan Call reviewed the two substantial changes to the City of Federal Way Code of Ethics. These included: • Update to Section 2.4 Gift - provided a definition of "minimal value" • Clarification of Section 4.3 Remote Interest - outlined a method for Councilmembers to disclose remote interest and recuse him or herself from votes related to the interest in question. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED RESOLUTION AMENDING THE CODE OF ETHICS; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 4 of 7 March S, 2019 Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes c. Purchase of New SAN (Storage Area Network) and Backup Software IT Manager Thomas Fichtner explained the purpose of a Storage Area Network (SAN) and highlighted the need for a replacement of the City's current SAN. The current proposal for Nimble is a cost-effective solution that will balance performance, capacity, and ability for recovery. He outlined the costs highlighting funding sources within the budget. Councilmembers thanked Mr. Fichtner for the presentation and inquired to costs associated with recovery for cities who have been hit by ransomware. Discussion ensued regarding the impacts of ransomware to local and national cities. Due to questions, Mr. Fichtner provided input regarding why the proposal is to move forward with a SAN rather than cloud -based storage as well as the associated warranty and plans for continued maintenance. COUNCILMEMBER DUCLOS MOVED TO AUTHORIZE THE PURCHASE OF THE SAN AND BACKUP SOFTWARE FROM TECHPOWER SOLUTIONS FOR AN AMOUNT NOT TO EXCEED $177,053.83; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran d. Department of Commerce Funding and Family Shelter Contracts CDBG/Human Services Coordinator Sarah Bridgeford provided a background of the discussions and actions taken to date in regards to the funds allocated to the City of Federal Way from Washington State Legislature for emergency shelter for families with children. Due to time constraints related to the use of these funds she outlined three options forwarded by the Human Services Commission for consideration. • $40,000 to FUSION for predevelopment and $60,000 to Multi -Service Center (MSC) for hotel/motel stays with services. • $60,000 to FUSION for predevelopment (with $9,000 for administration and $11,000 for Executive Director) and $40,000 to MSC for hotel/motel stays with services. • $60,000 to FUSION for predevelopment (with $20,000 for admin) and $40,000 to MSC for hotel/motel stays with services. Councilmembers asked for clarification regarding the hotel vouchers and if they are for those located in the City of Federal Way; the ability to use all the funds by June 30; and if there will be repercussions for funds used for administration or the executive director. Ms. Bridgeford indicated Federal Way hotels/motels would be the initial referral, but if there was not space they may be referred out of the city. Additionally, she provided feedback from the Washington Department of Commerce indicating funds could be used for administration and the executive director, however, not recommended. Federal Way City Council Regular Minutes Page 5 of 7 March S, 2019 COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE DEPARTMENT OF COMMERCE GRANT AGREEMENT, EFFECTIVE FEBRUARY 1, 2019 THROUGH JUNE 30, 2019 TO RECEIVE UP TO $100,000 FOR EMERGENCY FAMILY SHELTER AND MOVE APPROVAL OF OPTION 1 (THE RECOMMENDATION OF THE HUMAN SERVICES COMMISSION: AUTHORIZE THE MAYOR TO ENTER INTO AGREEMENTS WITH: THE WASHINGTON STATE DEPARTMENT OF COMMERCE FOR RECEIPT AND USE OF THE GRANT FUNDS; FUSION FOR $40,000 FOR PREDEVELOPMENT/ACQUISITION COSTS; AND MULTI -SERVICE CENTER FOR $60,000 FOR HOTEL/MOTEL STAYS WITH SERVICES) AND ASSOCIATED CONTRACTS; COUNCILMEMBER KOPPANG SECOND. Council discussion continued including questions if MSC would ensure the families requesting assistance were Federal Way families and if wrap around services would be provided. Councilmember Moore supports a long-term solution and supports option 2. Council debated the need for immediate shelter as well as a need for a permanent solution for a Federal Way shelter. COUNCILMEMBER KOPPANG CALLED THE QUESTION; COUNCILMEMBER DUCLOS SECOND. The motion carried 4-3 as follows: Deputy Mayor Honda no Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore no Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran no The main motion passed 5-2 as follows: Deputy Mayor Honda no Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore no Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes e. Resolution: Section 108 Loan Conversion from Interim to Permanent/APPROVED RESO #19-753 Community Services Manager Jeff Watson overviewed the policy question regarding the conversion of the existing loan to a long-term fixed rate 20 -year bond status. He reviewed the history indicating this loan was part of the financing package for the Performing Arts and Events Center and is being repaid with the annual CDBG grant. He highlighted a few benefits of this conversion such as elimination of uncertainty associated with the variable rate and permitting of accurate budgeting of principal and interest payments. Councilmembers asked clarifying questions following Mr. Watson's presentation regarding the terms and the requirements of using the CDBG funding. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED RESOLUTION AUTHORIZING THE CITY TO PARTICIPATE IN A PUBLIC OFFERING VIA THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO CONVERT FROM AN INTERIM VARIABLE RATE TO A LONG-TERM FIXED RATE SECTION 108 LOAN FOR THE PERFORMING ARTS AND EVENT CENTER; COUNCILMEMBER KOPPANG SECOND. The motion passed 6-1 as follows: Deputy Mayor Honda no Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 6 of 7 March S. 2019 7. COUNCIL REPORTS Councilmember Duclos had no report. Councilmember Moore shared his excitement regarding the upcoming Senior Commission as announced at the State of the City Address. He shared his desire to continue to increase transparency by broadcasting committee meetings as well as the Council Meetings; he looks forward to this discussion. He requested a social media campaign to notify the public of the upcoming Sound Transit construction and the associated traffic. Councilmember Koppang attended the PAC -12 Women's Swimming and Diving Championship at the King County Aquatic Center. He enjoyed talking with the visitors and wants to highlight what an asset this building is to the community. He attended the Rotary Gala in Enumclaw as well as the ribbon cutting for the Panther Lake Trail. Councilmember Tran had no report. Councilmember Johnson was pleased to see the Panther Lake Trail open, it is an amazing opportunity to enjoy the outdoors while biking or walking. On March 5 he met with a first grade class at the Camelot Elementary School with other Councilmembers as well. He attended the 21 st Annual Asian Pacific Cultural Center Celebration at the Tacoma Dome. He announced the Young Life Event Banquet fundraiser on March 8 at the Federal Way Community Center (FWCC). Councilmember Assefa-Dawson also enjoyed going to Camelot Elementary School and sharing Ethiopian stories written by her friend. Sound City Associations is hosting an African American Male Wellness Walk on July 20 in Renton. They want to encourage participation to promote education for health of African American males. Deputy Mayor Honda announced the Federal Way Soroptimist Club will be hosting their 30th Flag Day Event scheduled for June 15th. On February 24th she attended an Autism Auction and Art Walk at the Twin Lakes Golf and Country Club and was impressed. She has started compiling a comprehensive list of activities for youth and requested ideas from the community. 8. ADJOURNMENT There being nothing further on the agenda; the Special Meeting was adjourned at 9:43 pm Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 March S, 2019 5b SUBJECT: 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT POLICY QUESTION: Should the City of Federal Way accept the 2018 Emergency Management Performance Grant award to fund the mass notification system? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: 3/12/2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ra Gross, Emergency Manager i� DEPT: Emergency Management ....... Y ................................ g........Y . ....... 8......... ......... .........._.. ......... .......... ................. Attachments: Staff Report Memorandum 2018 Emergency Management Performance Grant Options Considered: Option 1. Approve acceptance of the 2018 Emergency Management Performance Grant Option 2. Do not approve acceptance of the 2018 Emergency Management Performance Grant and provide direction to staff. .............................................................................................................................................................. ........................................................................................................................................................................................................................................ ...................................................................................................................................... . MAYOR'S RECOMMENDATION: Approval of Option 1, to accept the 2018 Emergency Management Performance Grant. _ MAYOR APPROVAL: Initial/Date V Initial/Date DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed grant to the _March 19'h, 2019 consent agenda for approval. ommittee Chair Committe Member Com lttee Memb PROPOSED COUNCIL MOTION: "I move approval of 2018 Emergency Management Performance Grant effective June 1", 2018 through August 31, 2019 with a total compensation of $37,500, and authorize the Mayor to sign grant agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 26, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Ray Gross, Emergency Manager SUBJECT: 2018 Emergency Management Performance Grant Financial Impacts: The revenue to the City for the 2018 Emergency Management Performance Grant will be $37,500 and will be credited to the Emergency Management. The cost to the City to receive the funds are $18,750 in matching salary. Upon completion of the 2018 Emergency Management Performance Grant future costs will be $0.00 due to no ongoing costs. Background Information: The City of Federal Way Emergency Management Division has applied for the 2018 Emergency Management Performance Grant (EMPG). The purpose of the EMPG is to assist with the enhancement and sustainment of emergency management programs. Activities conducted using EMPG funding should relate directly to the four elements of all -hazards emergency management: response, recovery, mitigation and preparedness. Washington State Emergency Management Division passes -through federal funding to eligible local emergency management agencies. The EMPG program requires a 50% match from the local jurisdiction and the total award amount is based on the local Emergency Management Agency's operating budget. The City of Federal Way is expected to be awarded $37,500 and has $18,750 in matching funds. The performance period of the 2017 EMPG is from June 1, 2018 through August 31, 2019. The City of Federal Way Emergency Management Division would like to use the awarded EMPG funds to continue funding of the mass notification system CodeRed. Rev. 7/18 Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: City of Federal Way $37,500 E19-133 33325 8th Avenue S Federal Way, WA 98003-6325 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ray Gross, (253) 835-2712 June 1, 2018 August 31, 2019 ray.grossocityoffederalway.com 7. Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue): Gary Stumph, (253) 512-7483 612509901 601-223-538 gary.stumph@mil.wa.gov 10. Funding Authority: Washington State Military Department the "DEPARTMENT" and the U.S. Department of Homeland Security DHS 11. Federal Funding Identification #: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance (CFDA) # & Title: EMS -2018 -EP -00004-S01 08/17/2018 1 97.042 18EMPG 14. Total Federal Amount #: 15. Program Index # & OBJ/SUB-OBJ: 1 $7,345,832 783PT NZ 16. Service Districts: 17. Service Area by County(ies): 18. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 30 King Certified?: ® N/A ❑ NO BY CONGRESSIONAL DISTRICT): 9 ❑ YES, OMWBE # 19. Agreement Classification 20. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services ® Public/Local Gov't ® Contract ® Grant ® Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental RCW 39.34 ❑ interagency 21. Subrecipient Selection Process: 22. Subrecipient Type (check all that apply) ® "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A ® Public Organization/Jurisdiction ❑ Non -Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR ® SUBRECIPIENT ❑ OTHER 23. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year (FY) 2018 Emergency Management Performance Grant (18EMPG) is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 18EMPG DHS Award Letter for Grant No. EMS -2018 -EP -00004- S01, which is incorporated in and attached hereto as Attachment #1 and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan 6. Other provisions of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Jim Ferrell, Mayor Washington State Military Department City of Federal Way BOILERPLATE APPROVED AS TO FORM: Brian E. Buchholz 8/21/2018 APPROVED AS TO FORM (if applicable): Sr. Assistant Attorney General Applicant's Legal Review Date DHS-FEMA-EMPG-FY 18 Page 1 of 36 City of Federal Way, E19-133 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Ray Gross Name Gary Stumph Title Emergency Manager Title Program Coordinator E -Mail ray.gross@cityoffederalway.com E -Mail gary.stumph@mil.wa.gov Phone 253-835-2712 Phone 253-512-7483 Name Jim Ferrell Name Tirzah Kincheloe Title Mayor Title Program Manager E -Mail jim.ferrell@cityoffederalway.com E -Mail tirzah.kincheloe@mil.wa.gov Phone 253-835-2402 Phone 253-512-7456 Name Name Title - Title E -Mail E -Mail Phone jPhone ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 18EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2018 Emergency Management Performance Grant (EMPG) document, the DHS Award Letter for Grant No. EMS -2018 -EP -00004-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment 1. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 18EMPG funds received under this Agreement casts the party receiving the funds in the role of a Subrecipient or contractor in accordance with 2 CFR 200.330. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its Subrecipient: The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 18EMPG funds, including, but not limited to, those contained in 2 CFR 200. The Subrecipient shall require its subrecipient to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 18EMPG Program, including, but DHS-FEMA-EMPG-FY 18 Page 2 of 36 City of Federal Way, E19-133 not limited to, all criteria, restrictions, and requirements of The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2018 Emergency Management Performance Grant (EMPG) document, the DHS Award Letter for Grant No. EMS -2018 -EP -00004-S01 in Attachment 1, and the federal regulations commonly applicable to DHS/FEMA grants. The Subrecipient shall be responsible to the Department for ensuring that all 18EMPG federal award funds, and associated matching funds, provided to its subrecipients are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment 1 of this Agreement. 2. BUDGET & REIMBURSEMENT a. Within the total Grant Agreement Amount, travel, sub -contracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. C. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an indirect cost rate agreement negotiated between the federal cognizant agency and the Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department. However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10% of modified total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved rate but must not exceed the approved negotiated indirect cost rate percentage for the time period of the expenditures. If a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at httg://www.gsa.-gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements(cilmil.wa.gov no later than the due dates listed within the Timeline (Exhibit D). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. If the reimbursement request isn't substantial enough, the Subrecipient should request prior written approval from Department Key Personnel to waive the due date in the Timeline (Exhibit D) and once approved submit those costs on the next scheduled reimbursement due date contained in the Timeline. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g_ Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate DHS-FEMA-EMPG-FY 18 Page 3 of 36 City of Federal Way, E19-133 time for Department review and consideration, and may be granted or denied within the Department's sole discretion. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. A written amendment will be required if the Subrecipient expects cumulative transfers to budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. M. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Exhibit C) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. C. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how the EMPG Training requirements were met for all personnel funded by federal or matching funds under this Agreement. d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department the FFATA Form located at http://mil.wa.gov/emergency- management-division/grants/reguiredgrantforms, which is incorporated by reference and made a part of this Agreement. e. The Subrecipient shall participate in the State's annual capabilities assessment for the Stakeholder Preparedness Review (SPR), formerly known as the State Preparedness Report. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a DHS-FEMA-EMPG-FY 18 Page 4 of 36 City of Federal Way, E19-133 subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Inventory system records shall include: A. description of the property B. manufacturer's serial number, model number, or other identification number C. funding source for the equipment, including the Federal Award Identification Number (FAIN) D. Catalog of Federal Domestic Assistance (CFDA) number E. who holds the title F. acquisition date G. cost of the equipment and the percentage of federal participation in the cost H. location, use, and condition of the equipment at the date the information was reported I. disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. V. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. DHS-FEMA-EMPG-FY 18 Page 5 of 36 City of Federal Way, E19-133 B. For Equipment: 1) Items with a current per-unit fair -market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair -market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. C. Allowable equipment categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://www.fema.gov/authorized- eguipment-list. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. The Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/media-library/assets/documents/85376 all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. C. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. DHS-FEMA-EMPG-FY 18 Page 6 of 36 City of Federal Way, E19-133 d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.10. b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit to the Department for pre -procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department the "2 CFR Part 200 Subpart F Audit Certification Form" located at http://mil.wa.gov/emergency-management- division/grants/reguiredgrantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. Monitoring activities may include, but are not limited to: i. review of financial and performance reports ii. monitoring and documenting the completion of Agreement deliverables iii. documentation of phone calls, meetings, e-mails and correspondence iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements V. observation and documentation of Agreement related activities, such as exercises, training, funded events, and equipment demonstrations vi. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that Subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. DHS-FEMA-EMPG-FY 18 Page 7 of 36 City of Federal Way, E19-133 Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.leD.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies orjurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. C. In order to receive FY 2018 federal preparedness funding, to include EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS Implementation Objectives are located at hftps://www.fema.gov/media-Iibrary/assets/documents/1 30743. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist state, local, and tribal governments to enhance and sustain all -hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). 2. A portion of the 18EMPG is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. 3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by the Department and incorporated into this Agreement. 4. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 5. The Subrecipient shall provide a fifty percent match of $37,500 of non-federal origin. To meet matching requirements, the Subrecipient's cash matching contributions must be considered reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An DHS-FEMA-EMPG-FY 18 Page 8 of 36 City of Federal Way, E19-133 appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. 6. All personnel funded in any part through federal award or matching funds under this Agreement shall: a. Complete and record proof of completion for the NIMS training requirements outlined in the NIMS Training Program located at https://www.fema.gov/pdf/emeraency/nims/nims training proaram.pdf (to include ICS - 100, ICS -200, IS -700, and IS -800 for most personnel). The Subrecipient will report training course completion by individual personnel along with the final report; and b. Complete either (1) the FEMA Professional Development Series IS -120, IS -230, IS -235, IS -240, IS -241, IS -242, and IS -244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a Subrecipient of 18EMPG program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 18EMPG Award Letter and its incorporated documents for DHS Grant No. EMS -2018 -EP -00004-S01, which are incorporated and made a part of this Agreement as Attachment 1. DHS-FEMA-EMPG-FY 18 Page 9 of 36 City of Federal Way, E19-133 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. C. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.93 for all other purposes. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. AA AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336,42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient 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 telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.ciov/emergency-management- division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. DHS-FEMA-EMPG-FY 18 Page 10 of 36 City of Federal Way, E19-133 Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or Subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or Subrecipient or by checking the System for Award Management (https:Hsam.gov/portal/SAM/##11) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (https:Hsecure.Ini.wa.qov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http://www.des.wa.gov/services/ContractingPurchasing/Business/PagesNendor-Debarment.aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records fact (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), DHS-FEMA-EMPG-FY 18 Page 11 of 36 City of Federal Way, E19-133 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract provisions. As required by Appendix I I to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the. federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under DHS-FEMA-EMPG-FY 18 Page 12 of 36 City of Federal Way, E19-133 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements aTrd regulatiorrspertaining to copyrights and rights in data. DHS-FEMA-EMPG-FY 18 Page 13 of 36 City of Federal Way, E19-133 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). b. The Department reserves the right to review the Subrecipient's procurement plans and documents, and require the Subrecipient to make�changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the Federal government, the following shall apply: DHS-FEMA-EMPG-FY 18 Page 14 of 36 City of Federal Way, E19-133 44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHANVISHA) The Subrecipient represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. DHS-FEMA-EMPG-FY 18 Page 15 of 36 City of Federal Way, E19-133 A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. DHS-FEMA-EMPG-FY 18 Page 16 of 36 City of Federal Way, E19-133 Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program - specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local government, Indian tribe, institution of higher education, or non-profit organization that carries out a federal award as a recipient or Subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its corrective action plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430-5032 If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient must send a completed "2 CFR Part 200 Subpart F Audit Certification Form" (https://www.mil.wa.gov/emergency-management-division/grants/reguiredgrantforms) to the Department at the address listed above identifying this Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the Subrecipient's fiscal year(s). The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The Subrecipient shall include the above audit requirements in any subawards. DHS-FEMA-EMPG-FY 18 Page 17 of 36 City of Federal Way, E19-133 Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. DHS-FEMA-EMPG-FY 18 Page 18 of 36 City of Federal Way, E19-133 The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and DHS-FEMA-EMPG-FY 18 Page 19 of 36 City of Federal Way, E19-133 g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or women -owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.35 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-EMPG-FY 18 Page 20 of 36 City of Federal Way, E19-133 i 3 I 1 2 Exhibit C WORK PLAN FY 2018 Emergency Management Performance Grant EmeWncy Management 0 nlzation City of Federal Way The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include 18EMPG grant and local funds). Program Area #I Public Outreach WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Develop a Pre -CERT 1 -day course. The Pre -CERT 1 -day course will follow the FEMA A Pre -CERT 1 -day course will provide hands-on Online CERT course, providing hands-on application of CERT skills covered in FEMA's online application of CERT skills. This will help reach the training. This will provide an introduction to local newer generation of people who prefer online emergency management and the Volunteer instruction, as well as providing preparedness Emergency Worker program. training to those who cannot commit the time to a full, in-person course. The course will also help increase interest in attending in-person preparedness and CERT refresher classes. Contact the City of Des Moines for interest in a A joint CERT program would help manage training A joint CERT program will result in a better use of CERT program and conduct a joint training. resources and provide a common platform for the training resources and a larger pool of trained training of local CERT members. CERT members. Review and update the basic CERT course offered Based on current events and the changing hazard Provide a current, relevant training of basic CERT by the City of Federal Way. environment, the City needs to ensure that the skills, based on current policies and identified basic CERT course is still providing the appropriate volunteer use. training. Program Area #2 Training WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Conduct an EOC mobilization and demobilization Based on lessons learned from the 2017 training City staff will be better trained for EOC training and exercise, and develop respective and exercise review, €OC staff need more training mobilizations/demobilizations and will have SO Ps. on the EOC SOP and use of EOC equipment for access to, and be able to utilize, accurate SOPS for both standing -up and standing -down the EOC. response activities. Program Area #3 Planning WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Establish a joint work group with Federal Way Currently, jurisdiction protocols and EOC job aids Partners will have a basic understanding of Public Schools and assisting agencies to focus on do not exist for active shooter -type incidents. agencies' roles and responsibilities in the event of active shooter protocols, and develop an EOC an active shooter event at a school. hazard job aid for response to active shooter events. Review the joint information system and joint Need to add a section to the basic plan to address There will be an established protocol of who information center procedures, staffing, active threat protocols in notifying needs to do what, and what resources may be equipment, and community partners with a focus internal/external audiences and to identify the available, in active threat -type events. It is also on active threat -type events. resources available to the Joint Information expected the City will have a better trained PIO System, team to respond to a possible active threat event. DHS-FEMA-EMPG-FY 18 Page 21 of 36 City of Federal Way, E19-133 Area #4 Planning WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Continue the development and update of the A need was identified at the 2017 Emergency RTF staff will understand their roles and they will local Recovery Task Force (RTF) Plan. Review and Management Institute Integrated Emergency be able to help support the needs of disaster update the current mission statement, Management Course to establish an RTF Plan, survivors in the aftermath of a short- or long-term organization chart, and the staff assigned to roles define the RTF's purpose, and begin design of a disaster. within the plan. membership organization chart along with assigned roles. The current draft plan needs to be reviewed and updated so that a training program can start and evolve into an exercise. Program Area #5 Communications WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Conduct tests of the CEMNET radio system with Communication with the Washington State EOC is Equipment is in a constant state of readiness and the Washington State EOC weekly, if possible, or vital and CEMNET is the primary radio backup assigned staff are trained on the equipment. at least monthly, to ensure equipment readiness system. Weekly/monthly radio checks are a and that assigned staff are familiar with how the means to ensure staff and equipment system operates. performance. Conduct weekly tests of the 800Mhz radio system Communications with King County ECC is vital and Successful radio contact is made with King County with King County ECC, the 800Mhz radio system is one of the primary ECC via 800Mhz on a weekly or monthly basis. radio systems that is used. Equipment is in a constant state of readiness and assigned staff are trained on the equipment. Operate the 150Mhz radio system during CERT The 150Mhz is the primary backup radio system The local 150Mhz system is tested under both drill and EOC drills and during the Red, White, and for the city, and communication between field and actual events. Equipment is in a constant Blues Festival (the city's 4th of July event). operations and the EOC is essential. state of readiness and staff, along with volunteers, are trained on its use. Conduct CodeRed training for staff who are Staff continually need to be trained on the use A basic level of trained staff will know how to use assigned to use the system. The system has been and application of the CodeRed mass notification the CodeRed system and will know its operational used, and will be used, during snow, ice, and wind system. capacities. events along with various police call -out activities. DHS-FEMA-EMPG-FY 18 Page 22 of 36 City of Federal Way, E19-133 Exhibit D TIMELINE FY 2018 Emergency Management Performance Grant DATE TASK June 1, 2018 Grant Agreement Start Date August 31, 2019 Grant Agreement End Date October 15, 2019 Submit final reimbursement request, final report, training requirement report, and/or other deliverables. DHS-FEMA-EMPG-FY 18 Page 23 of 36 City of Federal Way, E19-133 Exhibit E BUDGET FY 2018 Emergency Management Performance Grant 18EMPG AWARDI $ 37,500.00 SOLUTION AREA CATEGORY EMPG AMOUNT MATCH AMOUNT Salaries & Benefits $ - $ - Z Overtime/Ba ckfi I I $ - $ - Z Consultants/Contractors $ - $ - ZGoods & Services $ - $ a. Travel/Per Diem $ - $ - Subtotal $ - $ - Z Salaries & Benefits $ - $ 37,500 O Overtime/Backfill $ - $ - Consultants/Contractors $ - $ - Z Q Goods & Services $ 37,500 $ - CW Travel/Per Diem $ - $ - O Subtotal $ 37,500 $ 37,500 Salaries & Benefits $ - $ - � Overtime/Backfi I I $ - $ - 0 Consultants/Contractors $ - $ - X Goods & Services $ - $ - Travel/Per Diem $ - $ - Subtotal $ - $ - Salaries & Benefits $ - $ - Z Overtime/Backfill $ - $ - Z Consultants/Contractors $ - $ - Q Goods & Services $ - $ - H Travel/Per Diem $ - $ - Subtotal $ - $ - a Ej Equipment $ - $ - � Subtotal $ - $ - Salaries & Benefits $ - $ - Overtime/Backfill $ - $ - Consultants/Contractors $ - $ - Goods & Services $ - $ - Travel/Per Diem $ - $ - Subtotal $ - $ - Indirect - - Indirect Cost Rate on file 0% TOTAL Grant Agreement AMOUNT: $ 37,500 $ 37,500 • The Subrecipient will provide a match of $37,500 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). • Cumulative transfers to budget categories in excess of 10% of the Grant Agreement Amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 783PT — EMPG DHS-FEMA-EMPG-FY 18 Page 24 of 36 City of Federal Way, E19-133 Attachment 1 18EMPG Award Letter EMS -2018 -EP -00004 -SOI Award Letter U S Department of Homeland Security Washington, D C 20472 5 �^ Bret Daugherty Washington,Military Department Building 20 Camp Murray, WA98430 - 512 Re: Grant No EMS -2018 -EP -00004 Dear Bret Daugherty Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2018 Emergency Management Performance Grants has been approved in the amount of $7,345,832.00. As a condition of this award, you are required to contribute a cost match in the amount of $7,345,832 00 of non -Federal funds, or 50 percent of the total approved project costs of $14,691,664 00 Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2018 Emergency Management Performance Grants Notice of Funding Opportunity Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions Step 1 Please log in to the ND Grants system at https//portal.fema.gov. Step 2. After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the .Application sub -menu, and then click the link for "Award Offer Review" tasks This link will navigate you to Award Packages that are pending review Step 3 Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records System for Award Management (SAM). Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM, therefore, it is imperative that the information is correct. The System for Award Management is located at httq ff/i www.sam.gov If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help use to make the necessary updates and avoid any interruptions in the payment process DHS-FEMA-EMPG-FY 18 Page 25 of 36 City of Federal Way, E19-133 CHRISTINE MARIE JONIENTZ TRISLER Regional Administrator DHS-FEMA-EMPG-FY 18 Page 26 of 36 City of Federal Way, E19-133 Agreement Articks Sun O ct 01 00 00-00 GMT 2017 U S. Department of Homeland Security �pART,y Washington, D C 20472 �4ND sl � AGREEMENT ARTICLES Emergency Management Performance Grants GRANTEE: Washington Military Department PROGRAM: Emergency Management Performance Grants AGREEMENT NUMBER: EMS -2018 -EP -00004-S01 TABLE OF CONTENTS Article I Whistleblower Protection Act Article II Use of DHS Seal, Logo and Flags Article III U SA Patriot Act of 2001 .Article IV Universal Identifier and System of .Award Management (SAM) Article V Reporting of Matters Related to Recipient Integrity and Performance Article VI Rehabilitation Act of 1973 Article VII Trafficking Victims Protection Act of 2000 Article VIII Terrorist Financing Article IX SAFECOM Article X Reporting Subawards and Executive Compensation Article XI Procurement of Recovered Materials Article XII Patents and Intellectual Property Rights Art4cte- X -I-II N.atrce of-F-=44ng -0 pp o rtu n ity R-e�ire meats DHS-FEMA-EMPG-FY 18 Page 27 of 36 City of Federal Way, E19-133 Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article MI Article XXIII Article XXIV Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article XXXI I Article XXXI I I Article XXXIV Article XXXV Article XXXVI Non -supplanting Requirement Lobbying Prohibitions Limited English Proficiency (Civil Rights Act of 1964, Title VI) Hotel and Mote( Fire Safety Act of 1990 Fly America Act of 1974 Best Practices for Collection and Use of Personally Identifiable Information (PII) Americans with Disabilities Act of 1990 Age Discrimination Act of 1975 Activities Conducted Abroad Acknowledgment of Federal Funding from DHS Federal Leadership on Reducing Text Messaging while Driving Federal Debt Status False Claims Act and Program Fraud Civil Remedies Energy Policy and Conservation Act Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Duplication of Benefits Drug -Free Workplace Regulations Debarment and Suspension Copyright Civil Rights Act of 1968 Civil Rights Act of 1964 - Title VI DHS Specific Acknowledgements and Assurances Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DHS-FEMA-EMPG-FY 18 Page 28 of 36 City of Federal Way, E19-133 Article XXXVII Article XXXVIII Article XXXIX Article XL Article XLI Article I - Whistleblower Protection Act National Environmental Policy Act Nondiscrimination in Matters Pertaining to Faith -Based Organizations Acceptance of Post Award Changes Disposition of Equipment Acquired Under the Federal Award Prior Approval for Modification of Approved Budget Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 Section 2409, 41 U.S.C. 4712, and 10 U.S.C. Section 2324, 41 U.S.C. Sections 4304 and 4310. Article II - Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article III - USA Patriot Act of 2001 Recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Reguired to Intercept and Obstruct Terrorism Act (USA PATRIOT Acts, which amends 18 U.S.C. Sections 175-175c. Article IV - Universal Identifier and System of Award Management (SAM) Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. Article V - Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipients currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the recipient must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article VI - Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Actof 1973, (29 U.S.C. Section 794), as amended, which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article VII - Trafficking Victims Protection Act of 2000 Recipients must comply with the requirements of the government -wide award term which implements Section 106(8) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 U.S.C. Section 7104. The award term is located at 2 C.F.R. Section 175.15, the full text of which is incorporated here by reference. Article VIII - Terrorist Financing Recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. DHS-FEMA-EMPG-FY 18 Page 29 of 36 City of Federal Way, E19-133 Article IX - SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article X - Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XI - Procurement of Recovered Materials Recipients must comply with Section 6002 of the Solid Waste Disigosal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XII - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517 as amended, and codified in 35 U.S.C. Section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F. R. Part 401 and the standard patent rights clause located at 37 C.F.R. Section 401.14. Article XIII - Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. Recipients must comply with any such requirements set forth in the program NOFO. Article XIV - Non -supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XV - Lobbying Prohibitions Recipients must comply with 31 U.S.C. Section 1352, which provides that none of the funds provided under an federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XVI - Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps.to provide mean-ngful_access to persons with limited English -proficiency LLEPZto their --programs and s---rvic — s_For - -- additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https /)www dhs govlguidance-published-help-department-supported-organizations-provide-meaningful- access -people -limited and additional resources on http://www.lep.aov. Article XVII - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, (15 U.S.C. Section 2225a), recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, (15 U.S.C. Section 2225). DHS-FEMA-EMPG-FY 18 Page 30 of 36 City of Federal Way, El 9-133 Article XVIII - Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. Section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. Section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B-138942. Article XIX - Best Practices for Collection and Use of Personally Identifiable Information (PII) Recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article XX - Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. Sections 12101- 12213), Article XXI - Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, Section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XXII - Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article XVIII - Acknowledgment of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article XXIV - Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XXV - Federal Debt Status Recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XXVI - False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of The False Claims Act (31 U.S.G. Section 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. Section 3801-3812 which details the administrative remedies for false claims and statements made.) Article XXVII - Energy Policy and Conservation Act Recipients must comply with the requirements of The Energy Policy and Conservation Act (42 U.S.C. Section 6201) which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. DHS-FEMA-EMPG-FY 18 Page 31 of 36 City of Federal Way, E19-133 Article XXVIII - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Article XXIX - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200 Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XXX - Drug -Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR part 3001, which adopts the Government -wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D, 41 U.S.C. 8101). Article XXXI - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O. ) 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XXXII - Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. Sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XXXIII - Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968 which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (See 42 U.S.C. Section 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features. (See 24 C.F.R. Section 100.201.) Article XXXIV - Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.) which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article XXXV - DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees; and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other DHS-FEMA-EMPG-FY 18 Page 32 of 36 City of Federal Way, El 9-133 individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other. special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, recipients have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency (LEP)), sex, age, disability, religion, or familial status, recipients must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl a_hq.dhs.ggv or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528, 6. In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Article XXXVI - Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DHS financial assistance recipients must complete either the OMB Standard Form) Standard Form 424B Assurances - Non -Construction Programs or OMB Standard Form 424D Assurances - Construction Programs ams as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2. Code of Federal Regulations Part 200 and adopted by DHS at 2 C.F.R. Part 3002. Article XXXVII - National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXXVIII - Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article XXXIX - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions. Article XL - Disposition of Equipment Acquired Under the Federal Award DHS-FEMA-EMPG-FY 18 Page 33 of 36 City of Federal Way, E19-133 When original or replacement equipment acquired under this award by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from QHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article XLI - Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. Section 200.308. For awards with an approved budget greater than the simplified acquisition threshold as defined at 2 C.F.R Section 200.88 (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. BUDGET COST CATEGORIES Personnel Fringe Benefits Travel Equipment Supplies Contractual Construction Indirect Charges Other $3,157,326.00 $1,174,535.00 $85,863.00 $0.00 $58,504.00 $9,819,913.00 $0.00 $395,523.00 $0.00 DHS-FEMA-EMPG-FY 18 Page 34 of 36 City of Federal Way, E19-133 Obligating Document for Award/Amendment la. AGREEMENT NO. 2. A&1ENDMENT NO. 3. 4. TYPE OF ACTION 5. CONTROL NO. EMS -2018 -EP -00004 -SOI *** RECIPIENT AWARD FY2018R10EMPG ACRONYM XXXX-XXX-X- AWARD THIS AWARD NO. ACTION + OR (-) 916001095E 6. RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND 8. PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS FEMA Finance Center Washington Military FEMA -GPD 430 Market Street Department 400 C Street, SW, 3rd floor Winchester, V A 22603 Building 20 Washington, DC 20472-3645 Camp Murray, WA, 98430 - POC: 866-927=5646 5122 9. NAME OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER 2535127456 Central Scheduling and Itiformation Desk Tirzah Kincheloe Phone: 800-368-6498 Email: Askesid@dhs.gov 11. EFFECTWE DATE OF 12. 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 10(01(2017 OF PAYMENT 10/01/2017 09/30/2019 PARS Budget Period 10/01/2017 09/30/2019 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUM LATWE NON - NAME (ACOS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM XXXX-XXX-X- AWARD THIS AWARD XXXXX-3=X-5X-X ACTION + OR (-) Emergency 97.042 2018-FA-GA01-R107- $0.00 $7,345,832.00 $7,345,832.00 See Totals Management -4120-D Performance Grants TOTALS $0.00 $7,345,832.00 $7,345,832.00 $7,345,832.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. NIA 16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terns and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE Tirzah Kincheloe, Mrs Wed Sep 05 00:20:54 GMT 18. FEMA SIGNATORY OFFICIAL (Name and Title) KIMBERLY ERIN PENFOLD , Assistance Officer 2018 DATE Fri Aug 17 16:37:29 GMT 2018 DHS-FEMA-EMPG-FY 18 Page 35 of 36 City of Federal Way, El 9-133 DHS-FEMA-EMPG-FY 18 Page 36 of 36 City of Federal Way, E19-133 5c SUBJECT: Third amendment for Janitorial Services POLICY QUESTION: Should Council authorize a third amendment to the janitorial agreement with Synergy Building Services, Inc. to add Park restrooms to the scope and add $85,000 compensation? COMMITTEE: PRHSPS Committee MEETING DATE: March 12, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks ..................................................I...................................................... ..........�'..................................................... .............................................................. ................................................................................. _................................................................._.._._.................................................. Attachments: Staff Report Contract Amendment Options Considered: 1. Approval to amend the Synergy Building Services, Inc. scope of services and add more compensation to the contract in the amount of $85,000. 2. Do not approve amending the scope of janitorial services and compensation and provide staff direction. MAYOR'S MAYOR APPROVAL: TION: Option 1 APPROVAL: rn-itia-IADat4i COMMITTEE RECOMMENDATION: I move to amend forward the proposed amendment to the Services, Inc. contract to the March 19, 2019 City Council consent agenda for approval. ommittee Chair Committee Member COMA Synergy Building PROPOSED COUNCIL MOTION: "1 move to approval of the Synergy Building Services Agreement and authorize the Mayor to sign said Amendment. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 27, 2019 To: PRHSPS Committee VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks & Facilities Manager RE: 3`d Amendment for Janitorial Services Financial Impacts: The cost to the City for janitorial services was included within the approved budget under the Parks Department, budget line 505-1100-331-518-30-415. This will be paid out of Facilities and Park allocated budgets. In accordance with the approved budget, this item is funded by the General Fund. At the end of the term of this contract, the City will rebid for future janitorial services. SummaryBackaround: For five (5) years Synergy has successfully performed janitorial services at City Facilities: City Hall, Police Building and the Steel Lake Maintenance Office. This past year we added three (3) park sites to their scope to see if we could cut down on the amount of time it takes our limited staff to open up active parks for the day by having them clean the restrooms. This has proven beneficial so our staff have more time for repairs, projects or setting up special events. We seek authorization to amend their scope for services for the park sites and add more compensation to the scope of services contract in the amount of $85,000. cliY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 "m cityoffederahvay corn AMENDMENT NO.3 TO JANITORIAL AGREEMENT FOR CITY HALL JANITORIAL SERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Synergy Building Services, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for City Hall Janitorial Services ("Agreement") dated effective February 24, 2014,as amended by Amendment No.(s)1 and 2, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-3, 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 negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor 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. 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-3 attached hereto and incorporated by this reference ("Additional Services"). 3. PREVAILING WAGE. As provided in paragraph 10.4, the Contractor agrees to pay the current prevailing wages at the time of additional year extensions. The current prevailing wage rates are attached as Exhibit D-3. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are 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 shall 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] AMENDMENT - 1 - 3/2017 CITY OF Federal s CIT`( HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253} 835-7000 wtis9w afyaffedersJwy corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: 0 Jim Ferrell, Mayor DATE: SYNERGY BUILDING SERVICES, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney 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 AMENDMENT 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires -2- 3/2017 CITY OF CITY HALL Sth l 33325 8th Avenue South FederaWay Federat Way, WA 9$003-6325 (253)835-7000 www atyoffederatwaycom EXHIBIT A-3 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Sacajawea Upper Restrooms Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap, paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week — 365 days - 1 service cleaning/day in AM Sacajawea Lower Restrooms Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap, paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week — 120 days (June — September)- 1 service cleaning/day in AM Lakota Restrooms Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap, paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week — 365 days - 1 service cleaning/day in AM Town Square Restrooms Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap, paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week — 365 days - 1 service cleaning/day in AM NOTE: City will provide paper and plastic products to include: dispenser items and trash liners. Contractor to furnish: cleaning supplies and disinfectants to properly sanitize public facilities according to manufacture recommendations. Sanitation is to provide broad-spectrum control to include but not limited to: Salmonella, Viral germs, etc. AMENDMENT -3 - 3/2017 CITY OF CITY HALL Fede8th Avenue South Federal Way Federal Way, WA 98003-6325 (253)835-7000 www cifyoffe.deralway com EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the additional Services, the City shall pay the Contractor an additional amount not to exceed Eighty -Five Thousand and NO/100 Dollars ($85,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Two Hundred Ninety -Seven Thousand Six Hundred and NO/100 Dollars ($382,600.00). 2. Payout Schedule: City Hall - $3,550.00 per month = $42,600.00 per year Police Storage Office - $50.00 per month = $600.00 per year IT Office - $150.00 per month = $1,800.00 per year Parks/Public Works Maintenance Facility - $450.00 per month = $5,400.00 per year Town Square Park - $1,125.00 per month = $12,375.00 for 11 months remaining. Sacajawea Park - $1,125.00 per month = $12,375.00 for 11 months remaining. Lakota Park - $1,125.00 per month = $12,375.00 for 11 months remaining. Additional services shall be paid out at $27.00 per hour with $2,000.00 additional funds in the contract for any City requested extra services. AMENDMENT - 4 - 3/2017 4% CITY OF A Fm .. .. ra I Wa EXHIBIT D-3 PREVAILING WAGE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www ci t yo ffe d era l w ay. com State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 1/31/2019 County Trade Job Classification Ane Holiday Overtime Note King Building Service Employees Janitor $24.63 5S 2F King Building Service Employees Traveling Waxer/Shampooer $25.08 5S 2F King Building Service Employees 1window Cleaner (Non -Scaffold) $28.13 5S 2F King Building Service Employees Window Cleaner (Scaffold) $29.03 5S 2F AMENDMENT -5 - 3/2017 Ma.r?A, COUNCIL MEETING DATE: F'ry 19t~ , 2019 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUBJECT: EQUIPMENT PURCHASE — ONE (1) ADDITIONAL PARKS DEPT. UTILITY CART USING REPLACEMENT RESERVES Sd POLICY QUESTION: Should Council approve staff to purchase and add one (1) utility cart to the parks department equipment inventory using existing replacement reserves? COMMITTEE: PRHSPS MEETING DATE: 32'/12/2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason_Crerwen, Parks & Facilities Manager DEPT: Parks NU NIMAK YAJAC; KUKU U IND: The Parks Department has funding and is approved in the 2019-2020 budget to replace a quantity of two (2) utility carts. We have an operational need for one (1) additional utility cart after having to surplus an older utility cart at the end of 2018. Bids have come in favorably and we have the ability to purchase three (3) utility carts with no additional funding needed. We are strictly requesting the ability to add one (1) utility cart to the parks equipment inventory. Options Considered: #1 -Allow the use of existing reserves to purchase and add one (1) utility cart to the parks department equipment inventory. #2 -Do not allow the use of existing reserves to purchase and add one utility cart to the parks department equipment inventory. MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL: �31�Lq% / DIRECTOR APPROVAL: C mittA !be'CO3 iOE t4F - Initial/Date initial/Date Initia ate COMMITTEE RECOMMENDATION: I move approval to the use of existing reserves to purchase and add one (1) utility cart to the r department equipment invento to the � 19`", 2019 consent agenda for approval. YKt�4,, mmittee Chair Committe Member Com a Member PROPOSED COUNCIL MOTION: "I move approval of the use of existing reserve funds to purchase and add one additional utility cart to the Parks dept. inventory which gives us 3 total utility carts. Total cost is $29,290 which is below the collected reserve amount. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF ,�.�,... Federal Way DATE: February 6, 2019 To: PRHSPS Committee FROM: Jason H. Gerwen, Parks & Facilities Manager RE: Equipment Purchase SUMMARY/ BACKGROUND: The Parks Department has funding and is approved in the 2019-2020 budget to replace a quantity of two (2) utility carts. We have an operational need for one (1) additional utility cart after having to surplus an older utility cart (E423) at the end of 2018. The bids have come in favorably and we have the ability to purchase three (3) utility carts for the previously budgeted cost of two (2). No additional funding being requested, we are strictly requesting the ability to add one (1) utility cart to the parks equipment inventory. Financial implications: Replacement reserves available: $29,290.00 Remaining reserve balance after replacements and addition of one (1) utility cart: On-going financial implications Gasoline, Repair & maintenance supplies: $353.09 $2,000.00/yr. ASSEMBLY DELIVERY SUBTOTAL TAX RATE SALES TAX TOTAL 1 New Kubota gas powered utility vehicle, 4WD, 3 RTV500-H I manual dump bed, HD tires and hydrostatic transmission. 9,681.00 18.50% 23 670.06 3 K7311 -Front grill guard. 99210 o 216.00 18.50% 528.12 3 K7311- Plastic canopy. 99390 216.00 18.50% 528.12 1 KAGL650- Rahn infield groomer, includes both HD and spring I 500C scarifiers. ..0.00%_ ............... .3,205..00_. _....................................................... ,..............' _.... 2� 05,f)0 2 RTV500-H i Used RTV500 trades ins r i) nnn nm ! n nnoi t f nnn Ml ASSEMBLY DELIVERY SUBTOTAL TAX RATE SALES TAX TOTAL 5e SUBJECT: HVAC SERVICE CONTRACT AWARD POLICY QUESTION: Should the City Council award the contract to MacDonald -Miller Facilities Solutions, Inc. for HVAC service work and authorize the Mayor to execute the agreement? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: March 12, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd Parks De u Director DEPT: Parks ....................................................................... .............................................................................._...............................................P . -..................................................................... ...................................................................... ... ................. .........................._...................... .............................................................. . Attachments: Staff Report and HVAC Service Agreement Options Considered: Option 1. Award the contract in the amount of $206,800 for HVAC service work to MacDonald -Miller Facilities Solutions, Inc. and authorize the Mayor to execute the agreement. Option 2. Do not award the contract and provide staff with direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: Com ittee Council Initial ate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the March 19, 2019 consent agenda for approval. ommittee Chair C mmittJ6 Member ComVitfee Member PROPOSED COUNCIL MOTION: "I move approval of the HVAC Services Agreement, effective April, 2019 through December 31, 2021 with a total compensation of $206,800 and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED —12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 27, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Steve Ikerd, Parks Deputy Director SUBJECT: HVAC Service Contract Financial Impacts: Use existing and future City Hall and FW Community Center budget appropriations to pay MacDonald -Miller Facilities Solutions, Inc. for HVAC service work. A three (3) year comprehensive service agreement for both sites will total $206,800 and will be funded out of the Repair & Maintenance accounts of City Hall and the Community Center. Comprehensive service includes routine maintenance and replacement of selected parts and the associated labor on specified mechanical equipment. Summary of the 3 year contract amounts covered in the City Hall and Community Center Operating budgets for the following years: City Hall 2019 - $37,766.66, yr.2020- $37,766.66, yr. 2021- $37,766.66 = $113,300 F WCC 2019 --- $31,166.66, yr.2020 - $31,166.66, yr. 2021-$31,166.66 = $93,500 3 yr. total $206,800 Background: Following a competitive advertised bid process, MacDonald -Miller Facilities Solutions, Inc. was the only HVAC service company that submitted a responsive, responsible bid. This service provides routine equipment inspections, service, repairs and scheduled filter changes. This vendor is highly qualified and has provided this same service to the City in the past. They have professional journey trained staff performing these services. This is a very good program for older equipment. Recommendation: Request City Council approves a contract with MacDonald -Miller Facilities Solutions for HVAC service work and authorizes the Mayor to execute the agreement? Rev. 7/18 Ciiv OF CITY HALL FA'Li 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaA ay com MAINTENANCE AGREEMENT FOR HVAC SERVICE This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MacDonald -Miller Facility Solutions, 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: MACDONALD-MILLER FACILITY SOLUTIONS, INC.: Stephanie Gebhardt PO Box 47983 Seattle, WA 98146 (206) 767-7995 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Steve Ikerd, Parks Deputy Director 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6911 (telephone) Steve.ikerd cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date ofthis Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more 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 Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work 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 Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. 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 will not be acceptable. When defects are corrected, the warranty for 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 Contractor 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. Work shall begin immediately upon the effective date ofthis 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 MAINTENANCE AGREEMENT - 1 - 3/2017 Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.: cityoffederatvvey, cam delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Un. 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 Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 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 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 may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum 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 negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the Contractor 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 Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by 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 has been performed and within thirty (3 0) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or 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 work 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 any part of this Agreement, the City may obtain the goods, materials or 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 -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal 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 for final payment is made. MAINTENANCE AGREEMENT - 2 - 3/2017 CITY OF CITY HALL Federal 33325 8th Avenue South Faders{ Way, WA 98003-6325 (253)835-7000 www ufyoifederaheny cam 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, 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, except for that portion of the claims caused by 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 for damages arising out of bodily injury to persons or damages to property caused 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 -contractor 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 Contractor pursuant 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. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor'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 benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, 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 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 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 termination of this Agreement with respect 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 or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. 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 from premises, 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 $2,000,000 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 injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. 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 MAINTENANCE AGREEMENT - 3 - 3/2017 CITY OF HALL 3332 Federal WGA 33325 8th Avenue South Federal Way, 5lVA 9800376325 (253)835-7000 www: t ityoffederalway com 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. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. 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 terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. S. 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 Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City 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 records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. 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, vacation pay or any other benefit 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 Contractor agrees 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. 10.2 Safety. 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 Work (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, barricades, 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 or unusual hazards MAINTENANCE AGREEMENT - 4 - 3/2017 CITU C!1 CITYSt L F+� d e ra l Way Feder 8th Avenue South Federal Way, WA 9$003-6325 (253)$35-7000 www C: liyoffader&i44oy coo and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for 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 10.4 Prevailing_ Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing_ Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or 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 will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. MAINTENANCE AGREEMENT - 5 - 3/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cifyoffederalway. corn 12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or 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, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 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 or agreements, whether oral 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 prior 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 Assignment and Beneficiaries. Neither the Contractor 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. 13.3 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 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description ofthe Services is essential to the Contractor's performance of this Agreement. 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 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, 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 full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or 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 MAINTENANCE AGREEMENT - 6 - 3/2017 CITY �OI GIN HALL FG 33325 8th Avenue South Federal Way, WA 9$003-6325 (253) 835-7000 www: cit yatfederahmy. corn 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 Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party 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 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, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 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 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] MAINTENANCE AGREEMENT - 7 - 3/2017 C�ITY OF Federal WaA CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 "m ci tyoffederat way com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Ferrell, Mayor DATE: ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney MACDONALD-MILLER FACILITIES SOLUTIONS, INC.: 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 ME Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires MAINTENANCE AGREEMENT - 8 - 3/2017 CtiV +D1F CITY !-TALL l33325 8th Avenue South FederaWay Federal Way, WA 98003-6325 (253) 835-7000 www cjtyoffederahmy.com EXHIBIT "A" SERVICES 1. The Contractor shall do or provide the following: I. DEFINITIONS Owners,• Park Recreation & Cultural Services,• City and/or City of Federal Way and their authorized representatives shall be understood to mean one and the same. Contract Administrator shall be the City of Federal Way Parks Maintenance Divisions duly authorized representative. Approved means approved by the owner. Approved equal or equivalent, as hereinafter used, shall mean a material or method equal to or better than the required materials or methods. Specifications shall mean these specifications and all addenda thereto. II. SCOPE OF SERVICES A. The Contractor will furnish all labor, tools, specialized equipment, materials, and disposal of waste material generated by the work, unless other arrangements have been made with the Contract Administrator or appointed designee. Contractor shall provide supervision and transportation to perform services work as specifically outline in the Scope of Services. B. Fieldwork shall be performed by or under the supervision of an experienced journeyman. Contractor and employees shall be trained and skilled to perform all related HVAC services in public settings. Laborers shall be licensed for all related functions. C. The Contractor must have a dedicated controls service division with a minimum of four Niagara AX, and N4 certified technicians. Must provide a list of three controls service contacts where you are currently providing controls service. Control Technicians must have experience with Siemens Talon, Honeywell Webs Tridium based front -ends and ability to service and program Siemens 4 -loop controllers, Siemens VAV brick LON based controls, Honeywell SPYDER controllers, and JCI UCM proprietary based zone controllers. D. The Contractor will ensure that employees comply with all applicable City of Federal Way, Washington State and Federal standards, regulations and practices with respect to work performed. E. The Contractor's personnel will conduct themselves on site in a professional manner at all times. F. Each employee will wear or display the company's name and/or logo. Vehicles working on City sites will have company name and phone number displayed. MAINTENANCE AGREEMENT - 9 - 3/2017 CITY OF CITY HALL 33325 8th Avenue South Al Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederahaay com G. The Contract Administrator or appointed designee will inspect work performed by the Contractor. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. The City may choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment. H. Equipment intensive work using such equipment as; pressure washers, blowers, lift trucks shall not commence before 7:00 a.m. and end by 8:00 p.m. on weekdays, (weekend work not allowed without prior approval). I. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-6960. After hours emergencies should be reported to the Police/Fire Communications Center - 911. J. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. It is the Contractor's responsibility to provide close supervision of operations and management of the site. K. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. L. The Contractor, at his or her expense, will remedy in a timely manner any damage to public or private structures or plant material due to Contractor negligence. M. Contractor will coordinate with the Parks and Facilities Dept. when any repair services are to be performed. III. SPECIFICATIONS A. City Hall — see attached specifications, equipment list and minimum standards. B. Federal Way Community Center — see attached specs. equipment list and minimum standards. IV RESPONSE TIME A. Emergency response time not to exceed 8 hrs. following a City request. B. Service call response will be within 24 hrs. following a City request. MAINTENANCE AGREEMENT -10- 3/2017 City of Federal Way HVAC Specifications: CITY HALL Standard service: Preventive maintenance program and repairs. 1. Bi -Annual inspections, maintenance and testing to be performed spring and fall of each year for all listed equipment and VAV boxes. (see attached equipment list for each facility) 2. Filters replaced 1 time per year on all related VAV equipment and belts replaced as needed. 3. Filters replaced 4 times a year on all air handlers and belts replaced as needed. 4. Inspection check sheets to be used as minimum standards for each type equipment. (see attached typical check sheets) 5. All motors 5 hp or larger, to be meg ohmed annually. 6. All compressors to have oil samples taken annually and analyzed by qualified lab. Test results emailed to City of Federal Way, contract manager. 7. Contractor must have ability to self perform; programming of Staefa Smart II Controllers using a Staefa Smart II Tool for City Hall. 8. Contractor must have ability to self -perform, troubleshoot and repair existing equipment. Optional service: Comprehensive program to cover standard preventative maintenance items above, plus parts and labor for all items in the list of inclusions below: Inclusions: • Compressor • Refrigerant • Belts for the blower • Electrical switches and relays within the units • Motors and pump bearings • Blower shaft • Blower bearings • Blower • Fans • HVAC automation & control systems • Pumps • Repair of heat exchanger • Relays • Filters (all units including but not limited to; RTU, VAV, MAU, AHU, CU, etc.) • Cleaning of all covered equipment • Motors starters Exclusions for Comprehensive program: • Condensate pans • Air and water balance • Piping, hoses, valves and hangers • Ductwork and diffusers • Motor starter panels • Condenser/Evaporator coils • Replacement of heat exchanger • Metal casing around the unit • Lamp housing, casings and enclosures • Power and control wiring • Variable Frequency Drive • Pre-existing conditions • Overtime Labor Q LL aV C 0 O ALL a 414 M O O co rn a �a a� v m LL. 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LL U U LL 0 U U 2 D fn w J w Q Q' W Q U U O 0co F- J J %- Q' F- x LL LL 0 > w x F- > wF- x m W Y x F- x F- W F- w F- J _ Q F- p J 0 0 J 0 0 1 w O J Q' O 0 w U w U Q U - z F- Ix J LL O w Z W U LL Z W 0 U U J J LL U) LL z LL LL LL U) - y LL 0 LLcoLL co LL O 0 Q Q O O 0 Zi 0 0 0 Q N Z CD z� w O O O O O O 0 O W a. Q w !n 0 (A o z N fn r �' D C7 a. w U' CL 0' N C,4 Q' w w 4' D ^' r r N M r U N U Q Q N .-- < Q N M 0 r = Z O Q Q Q Q U 0 U L) U U w Routine Maintenance Tasks - V"'s throughout City Hall Site: City Hall 33325 8th Ave S. Federal Way, WA 98003 Typical VAV 77 units throughout City Hall FALL [ ] CHECK ELECTRICAL CONNECTIONS [ ] CHECK CONTACTOR POINT [ J CHECK SEQUENCE OF OPERATION [ j CHECK DAMPER OPERATION [ ] INSPECT LINKAGE [ ] CHECK ELECTRIC HEAT OPERATION [ ] CHECK HEAT TEMPERATURE RISE [ ] CHECK OPERATION [ ] CHECK VOLTAGE [ ] CHECK AMP DRAW [ ] CHECK FOR ANY UNUSUAL VIBRATION OR NOISE Typical VAV 77 units throughout City Hall SPRING ] CHECK ELECTRICAL CONNECTIONS ] CHECK CONTACTOR POINT ] CHECK SEQUENCE OF OPERATION ] CHECK DAMPER OPERATION ] INSPECT LINKAGE ] CHECK ELECTRIC HEAT OPERATION ] CHECK HEAT TEMPERATURE RISE CHECK OPERATION ] CHECK VOLTAGE ] CHECK AMP DRAW ] CHECK FOR ANY UNUSUAL VIBRATION OR NOISE ] CHANGE FILTERS Page 1 of 1 2/27/2019 Maintenance Tasks - CARRIER AIR HANDLERS Site: City Hall 33325 8th Ave. S. Federal Way, WA 98003 ,,,,.rf,''r'.f'' �','�,1.iF.�i`rr,�,/��`.'.�i`.F�,"`�'',f.`�,�`,,'�i`��//``„f„1��,�3'�':/,.,�',s;''��,'•, .�fy/��,?... .,,�,.���fn'.c'�'��l.�x',/,�"�'i.�''% �. ....f AHU 1 & 2 CARRIER AIR HANDLERS POLICE DEPT FALL � [ ]CHECK BELTS [ ]INSPECT CONDENSATE PAN, PUMP, AND TRAP [ ] ADD PAN TABS [ ] CHECK FOR UNUSUAL VIBRATION AND NOISE [ ] CHECK CONDITION OF COIL [ ] CHECK PULLEY WEAR [ ] LUBRICATE BLOWER MOTOR (PER MFG SPECS) [ ] LUBRICATE BLOWER BEARINGS (PER MFG SPECS) FRESH AIR CYCLE (IF EQUIPPED) [ ] CHECK OPERATING CONTROLS [ ] CHECK DAMPER OPERATION ELECTRIC HEAT: (IF REQUIRED) [ ] CHECK AMP DRAW [ ] CHECK CONTACTOR POINTS [ ] CHECK TEMPERATURE RISE GAS HEAT: (IF REQUIRED) [ ] CHECK TEMPERATURE RISE [ ] CHECK SEQUENCER OPERATION [ ] CHECK FAN SWITCH [ ] VISUAL CHECK OF HEAT EXCHANGER AND VISUAL CHECK OF FLUE [ J CHECK PILOT SETTING [ ] CHECK MAIN LINE GAS PRESSURE [ ] CHECK MANIFOLD GAS PRESSURE [ ] CLEAN COMBUSTION BLOWER WHEEL [ ] OIL COMBUSTION BLOWER MOTOR [ ] CLEAN AND ADJUST IGNITOR [ ] CHECK VOLTAGE [ ] CHECK AMP DRAW [ ] CHANGE FILTERS AHU 1 &2 CARRIER AIR HANDLERS POLICE DEPT SPRING [ ] CHECK BELTS [ ] INSPECT CONDENSATE PAN, PUMP, AND TRAP [ ] ADD PAN TABS [ ] CHECK FOR UNUSUAL VIBRATION AND NOISE [ ] CHECK CONDITION OF COIL [ ] LUBRICATE BLOWER BEARINGS [ ] CHECK BLOWER WHEEL FOR DIRT [ ) CHECK AMP DRAW [ ] CHECK VOLTAGE [ ] CHECK ELECTRICAL CONNECTIONS [ j CHECK CONTACTOR POINTS [ ] MEG OHM MOTOR (5 HP OR LARGER) FRESH AIR CYCLE (IF EQUIPPED) [ ] CHECK FRESH AIR SCREENS [ ] LUBRICATE IF REQUIRED [ ] CHECK OPERATING CONTROLS [ ] CHECK DAMPER OPERATION [ ] CHECK MINIMUM POSITION [ ] CHECK RELIEF (IF EQUIPPED) [ ] CHANGE FILTERS Page 1 of 1 2/27/2019 Routine Maintenance Tasks - DATA AIR DRY COOLERS ON ROOF Site: City Hall 33325 8th Ave S. Federal Way, WA 98003 :: ,,. rt�frr. % :';; fL5`r',^ // ":if �/✓"'.r'� �^'/!f fj. �,^'/ %/r// l` rf r ,�,. ,,: ..,. ,, ,:. ... �. /-.fi' ..y'r, ,1'.w...,1n,,.,, ... p�i�e �i„. /r '�, ,5�1r ,.irf,%��1�//,✓U,�i�✓�J,.rc1.r,»;r u.�.rr a, /L u ,. �f« , DC 1 &2 DATA AIR DRY COOLERS ON ROOF FALL [ ] CHECK BELT [ ] CHECK PULLEY FOR WEAR [ ] CHECK FOR UNUSUAL VIBRATION AND NOISE [ ] CHECK CONDENSER COIL CONDITION [ ] CHECK SUPPLY VOLTAGE [ ] CHECK FAN AMPS [ ] CHECK FOR REFRIGERANT LEAKS (VISUAL) ( ] CHECK OPERATION [ ] CHECK FAN OPERATION [ ] CHECK HEAD PRESSURE CONTROL DC 1 &2 DATA AIR DRY COOLERS ON ROOF SPRING ] CHECK BELT ] CHECK PULLEY FOR WEAR ] CHECK FOR UNUSUAL VIBRATION AND NOISE ] CHECK CONDENSER COIL CONDITION ] CHECK SUPPLY VOLTAGE ] CHECK FAN AMPS ] CHECK FOR REFRIGERANT LEAKS (VISUAL) ] CHECK OPERATION ] CHECK FAN OPERATION ] CHECK HEAD PRESSURE CONTROL ] CHECK CONDENSER FAN BLADE AND SUPPORTS ] LUBRICATE BLOWER ] CHECK ELECTRICAL CONNECTIONS ] CHECK CONTACTOR POINTS ] CHECK CONTACTOR POINT VOLTAGE DROP ] MEG OHM MOTORS (5 HP OR LARGER) Page 1 of 1 2/27/2019 Maintenance Tasks - RTU units Site: City Hal[ 33325 8th Ave S., Federal Way, WA 98003 [ ] CHECK CONDENSATE PAN, PUMP, AND TRAP [ j ADD PAN TABS [ ] CHECK UNUSUAL VIBRATION/NOISE [ ] CHECK INDOOR/OUTDOOR COIL CONDITION [ ] CHECK SUPPLY VOLTAGE [ ] SUPPLY MOTOR AMPS #3 #4 [ ] RETURN MOTOR AMPS [ ] CHECK INDOOR COIL TEMP.DROP DEG. F [ ] CHECK COMPRESSOR DiSCH.TEMP #1_#2_#3_#4_ [) CHECK ECONOMIZER OPERATION [ j CHECK RELIEF DAMPERS [ ] CHECK CONTROL SET POINTS [ ] CHECK CRANKCASE HEATER [ ] CHECK OIL LEVEL [ ] CHECK LIQUID LINE SIGHT GLASS [ ] CHECK MECHANICAL COOLING SEQUENCE OPERATION [ ] CHECK FOR REFRIGERANT LEAKS (VISUAL) [ ] LUBE BLOWER BEARINGS (IF REQUIRED) [ I CHECK ECONOMIZER CONTROL CALIBRATION [ I CHECK PULLEY WEAR [ ] CHECK MINIMUM AIR SETTINGS (ECONOMIZER) [ ] CHECK ECONOMIZER DAMPERS AND LINKAGE FOR BINDING AND LUBE [ ] LUBRICATE INLET VANE PIVOT POINTS [ ] LUBRICATE PIVOT POINTS [ ] CHECK FRESH AIR SCREENS AND CLEAN AS NEEDED ELECTRIC HEAT: (IF EQUIPPED) [ ] CHECK AMP DRAW [ICHECK SEQUENCER OPERATION [ I CHECK TEMPERATURE RISE DEG.F GAS HEAT: (IF EQUIPPED) [ ] CHECK TEMPERATURE RISE DEG. F [ ] CHECK SEQUENCER OPERATION [ ] CHECK FAN SWITCH [ ] VISUAL INSPECTION OF HEAT EXCHANGERS AND VISUAL CHECK OF FLUE [ } CHECK PILOT SETTING "WC [ ] CHECK MAIN LINE GAS PRESSURE "WC [ ] CHECK MANIFOLD GAS PRESSURE "WC [ ] CLEAN COMBUSTION BLOWER WHEEL [ j OIL COMBUSTION BLOWER MOTOR [ ] CLEAN AND ADJUST IGNITOR EVAPORATIVE CONDENSER j ] CHECK SUMP CONDITION [ ] CHECK SPRAY PUMP OPERATION [ ] DRAIN AND SECURE PUMP IF REQUIRED [ ] CHECK AUTO FILL VALVE OPERATION [ ] CHECK SUMP HEATER [ ] CHANGE FILTERS RTU 1, 2 i3 LARGE ROOFTOP UNITS ON ROOF SPRING [ ] CHECK BELTS [ ] CHECK CONDENSATE PAN, PUMP, AND TRAP [ j ADD PAN TABS [ ] CHECK UNUSUAL VIBRATION/NOISE [ ] CHECK INDOOR/OUTDOOR COIL CONDITION [ ] CHECK SUPPLY VOLTAGE _ [ ] SUPPLY MOTOR AMPS #3__ #4 [ j RETURN MOTOR AMPS #1#2_,_,_ [ ] CHECK ECONOMIZER OPERATION [ ] CHECK RELIEF DAMPERS [ j CHECK CONTROL SET POINTS [ ] CHECK CRANKCASE HEATER [ ] CHECK OIL LEVEL [ ] CHECK LIQUID LINE SIGHT GLASS [ ]CHECK MECHANICAL COOLING SEQUENCE OPERATION ( ] CHECK INDOOR COIL TEMP. DROP DEG.F [ ] CHECK OPERATING PRESSURES #1 DISCH_SUC_#2 DISCH_SUC #3 DISCH SUC #4 DISCH SUC_ [ ] CK COMPRESSOR DISCHARGE TEMP #1_#2_#3_#4_ [ ] CK COMPRESSOR SUCTION TEMP [ I CHECK SUB COOLING [ ] CHECK OPERATING CONTROLS PRESSURE SETTING [ ] CHECK FOR REFRIGERANT LEAKS (VISUAL) [ I LUBE BLOWER BEARINGS (IF REQUIRED) [ ] LUBE BLOWER MOTOR [ ] LUBE DAMPER PIVOT POINTS [ ] LUBE INLET VANE PIVOT POINTS [ ] CHECK EXPANSION VALVE SUPERHEAT AND BULB [ ] CHECK CAPACITY CONTROLS [ ] CHECK SAFETIES [ ] MEG/OHM MOTORS 5.0 HP OR LARGER COMP S/A BLOWER R/ABLOWER #1 #2 [ j CHECK CONTACTOR POINTS [ ] CHECK BLOWER WHEEL FOR DIRT [ ] CHECK OUTDOOR FAN BLADES/SUPPORTS [ ] CHECK ELECTRICAL CONNECTIONS [ ] CHECK FRESH AIR INTAKE SCREENS [ ] CHECK CONDENSER FAN BLADE CONDITION [ ] CHECK CONDENSER FAN SEQUENCE AND OPERATION [ ] CHECK VFDJNLET/DISCHARGE VANE OPERATION [ I CHECK HOT GAS BYPASS OPERATION EVAPORATIVE CONDENSER [ ] FILL SUMP IF REQUIRED [ ] CHECK SUMP CONDITION [ ] CHECK SPRAY PUMP OPERATION [ ] CHECK AUTO FILL VALVE OPERATION [ ] CHECK SUMP HEATER [ ] CHANGE FILTERS Page 1 of 1 2/27/2019 Maintenance Tasks - DATA AIRE COMPUTER ROOM Site: City Hall, 33325 8th Ave S. Federal Way, WA 98003 CRAC 1 & 2 DATA AIRE COMPUTER ROOM ACS FALL [ ] CHECK PULLEY WEAR [ ] CHECK BELTS [ j CHECK PULLEY ALIGNMENT [ ] CHECK CONDENSATE PAN,PUMP, AND TRAP [ ] ADD PAN TABS [ ] CHECK UNUSUAL VIBRATION / NOISE [ ] CHECK INDOOR I OUTDOOR COIL CONDITION [ ] CHECK SUPPLY VOLTAGE , [ ] CHECK MOTOR AMPS [ ] CHECK CONTROL SET POINTS [ ] CHECK CRANKCASE HEATER [ ] CHECK OIL LEVEL [ ] CHECK LIQUID LINE SIGHT GLASS [ ] CHECK MECHANICAL COOLING SEQUENCE OPERATION [ ] CHECK COMPRESSOR INDOOR COIL TEMPERATURE DROP DEG.F. [ ] CHECK COMPRESSOR DISCHARGE TEMPERATURE #1 #2 #3 [ ] CHECK FOR REFRIGERANT LEAKS (VISUAL) [ ] CHECK WATER ECONOMIZER (IF EQUIP) [ ] CHECK ELECTRIC HEAT [ ] LUBE BLOWER BEARINGS (IF REQUIRED) [ ] CHECK CALIBRATION OF TEMPERATURE CONTROLS [ j CHECK CALIBRATION OF ALARMS [ ] CHECK ALARM AND SYSTEM CONTROL SET POINTS [ ] CHECK ALARM LIGHT [ ] CHECK CONTROL SEQUENCE - ALARMS [ ] CHECK HUMIDIFIER PAN AND OPERATION [ J CHECK INFRARED BULBS [ ] CHECK AUTO FLUSH ( ] CHECK DEHUMIDIFIER OPERATION [ ] CHECK FREEZE PROTECTION DEG. F. [ ] CHECK NITRITE LEVEL PPM [ ] ALTERNATE LEAD / LAG [ ] CHANGE FILTERS CRAC 1 & 2 DATA AIRE COMPUTER ROOM AC'S SPRING [ ] CHECK BELTS [ ] CHECK PULLEY ALIGNMENT [ ] CHECK CONDENSATE PAN, PUMP, AND TRAP [ ] ADD PAN TABS [ ] CHECK UNUSUAL VIBRATION / NOISE [ j CHECK INDOOR / OUTDOOR COIL CONDITION [ ] CHECK SUPPLY VOLTAGE , [ ] CHECK MOTOR AMPS [ ] CHECK CONTROL SET POINTS [ j CHECK CRANKCASE HEATER [ ] CHECK OIL LEVEL [ ] CHECK LIQUID LINE SIGHT GLASS [ ] CHECK MECHANICAL COOLING SEQUENCE OPERATION [ ] CHECK COMPRESSOR INDOOR COIL TEMPERATURE DROP DEG.F [ ] CHECK COMPRESSOR DISCHARGE TEMPERATURE #1 #2 #3 [ fCHECK ]CHECKFOR REFRIGERANT LEAKS (VISUAL) [ ] CHECK WATER ECONOMIZER (IF EQUIP) [ ] CHECK CONTACTOR POINTS [ ] CHECK CONTACTOR POINT VOLTAGE DROP [ ] CHECK ELECTRICAL CONNECTIONS ( ] CHECK HOT GAS HEATING CYCLE (IF EQUIP) [ ] CHECK ELECTRIC HEAT [ ] CHECK INFRARED BULBS [ ] CHECK HUMIDIFIER OPERATION [ ] CK OPERATING PRESS: DISCH #1 #2-#3- SUCTION 2#3SUCTION #1 #2 #3 [ ] CHECK SUB COOLING #1 #2 #3 (] MEG OHM COMPRESSORS#1 #2 #3 SUPPLY MOTOR #1 1k2 #3 [ ] LUBE MOTOR BEARINGS [ ] LUBE BLOWER BEARINGS (IF REQUIRED) [ j CHECK AUTO FLUSH [ ] CHECK COMPRESSOR SUPER HEAT *1____#2_#3 [ ] CHECK SUB COOLING []CHECK LEAD/LAG [ ] CHECK CONTROL SEQUENCE - ALARMS [ j CHECK ALARM LIGHTS [ ] CHECK ALARM AND SYSTEM CONTROL SET POINTS [ ] CHECK NITRITE LEVELS PPM [ ] CLEAN HUMIDIFIER PAN [ ] CHANGE FILTERS Page 1 of 1 2/27/2019 City of Federal Way HVAC Specifications: FW COMMUNITY CENTER Standard service: Preventive maintenance program and repairs. 1. Bi -Annual inspections, maintenance and testing to be performed spring and fall of each year for all listed equipment. (see attached equipment list for each facility) 2. Filters replaced 4 times per year on all related equipment and belts replaced as needed. 3. Inspection check sheets to be used as minimum standards for each type equipment. (see attached typical check sheets) 4. All motors 5 hp or larger, to be meg ohmed annually. 5. All compressors to have oil samples taken annually and analyzed by qualified lab. Test results emailed to City of Federal Way, contract manager. 6. Contractor must have ability to self -perform; programming of Tridium Jace w/ JCI Field Controllers. 7. Contractor must have ability to self -perform, troubleshoot and repair existing equipment. Optional service: Comprehensive program to cover standard preventative maintenance items above, plus parts and labor for all items in the list of inclusions below: Inclusions: • Compressor • Refrigerant • Belts for the blower • Electrical switches and relays within the units • Motors and pump bearings • Blower shaft • Blower bearings • Blower • Fans • HVAC automation & control systems • Pumps • Repair of heat exchanger • Relays • Filters (all units including but not limited to; RTU, MAU, AHU, CU, etc.) • Cleaning of all covered equipment • Motors starters Exclusions for Comprehensive program: • Condensate pans • Air and water balance • Piping, hoses, valves and hangers • Ductwork and diffusers • Motor starter panels • Condenser/Evaporator coils • Replacement of heat exchanger • Metal casing around the unit • Lamp housing, casings and enclosures • Power and control wiring • Variable Frequency Drive • Pre-existing conditions • Overtime Labor . I� i r R 3 A L d d LL d d ..Lww v. L M M M r�f O O r N O <t CO CO N� .- (fl M N fti ' M r X X j� C� CII 04 N Q � cu cu xcu X (Lx t1) X X (Ox �f X (� X 0 X C) N X X ca { C C C C X Cp Cp X O N O N O N X O O N N X 0 0 N N x O N (D N N .. .. .. .. .. .. .. w .r .. `. co �r %~ N m c ca c cu cn m m �i a) �i u� a� ar e? :? c 3 m m m m Q m m m 0 m m m k \ ` Cl) M M M CM Cl) M C`1 C\ca O C : f r CO CO (0 (0 4 (aCc O O O O O �Cp�p Op C�6pj \ ppy 3 N N N N N N N N Opp N N N N C i77 C14C` � O M i` CD CO M cvj 04 CO M M nO0) ca r LO O UMO 0)M OL)N C M OO LO OO-- CD to C� `- N N U U U Cp Cp U U co r, Ffrf'1f G` � LL LL _00 _o D � �f o � D 0) O 0) rn f m p N U mpp U oppo v cppo U m U m 1 z � p O LO F- O m to ' W U) Ln Z -~i Z Z 2 2 2 2 J 04 cl m N, N 00(V O r U U O Y O Y d Y m O O to p 't 't U f U O Co f) (co 0 X� 2O 2O =O r 0 N D LL. 2 LL LL _ W (n ¢ U U u_ W W WW �� W 3: 3: r r vi W �� ✓ cc C C co C O O N 0 0 to t C f;, CO W O F- z > z z z U Z w z F- F- o 0 0 W 2 W 3 a� ft w w } z <n O w z O a_ Z > Z > Z > W c9 W c7 cQ9 D C9 o ` fz J F- I- Q J J Y �G Q w C zzcrn w� D z z �� � j �� a a a a a Eci � O-- CJ) F- F -O w i I �a �a �a wU CD �� o:a wz awz a: QZ ¢Z ¢Z ¢ ¢ ¢ Z¢ a a� F- w ' F ¢ co of � cn w ¢ Q a ,, , C7 C9 C7 a C7 = U ~ Z z > > W Z W Z W Z W Z Z Z Z Z r Z I F- 2 Z x - - - a CL 0-M Op O0 � 0 a. a 0O O 4) O O O O F- O - c Z5- O LL_ 3m _ U- gF- LL_ 0 LL_ O LL_ O LL_ O LL. Oc LL_ LL - OE LL_ Q OE LL_ O>E OOO 0 N y Om Oyo Oao I- � O O O aw , at rcC7 r� �O oO�Omo a¢ rC¢CW aw ¢�M i0 ,O w w w w w N M In C01 f� CQ N i i i F - f i Q U U Q Q U Site: FW Community Center 876 South 333rd Street Type Description Season Task RTU ROOFTOP UNIT FALL CHECK BELTS AND PULLYS CHECK CONDENSATE PAN, PUMP, AND TRAP ADD PAN TABS CHECK INDOOR/OUTDOOR COIL CONDITION LUBE BLOWER BEARINGS (IF REQUIRED) CHECK FOR REFRIGERANT LEAKS (VISUAL) CHECK ECONOMIZER DAMPERS AND LINKAGE FOR BINDING AND LUBE LUBRICATE INLET VANE PIVOT POINTS CHECK RELIEF DAMPERS CHECK FRESH AIR SCREENS CHECK SUPPLY VOLTAGE CHECK CONTROL SET POINTS CHECK SUPPLY MOTOR AMPS CHECK RETURN MOTOR AMPS CHECK ECONOMIZER OPERATION CHECK MINIMUM AIR SETTINGS (ECONOMIZER) CHECK MECHANICAL COOLING SEQUENCE OPERATION CHECK COMPRESSOR DISCH TEMPERATURES CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS -- ELECTRIC HEAT: (IF EQUIPPED) -- CHECK SEQUENCE OF OPERATION --GAS HEAT: (IF EQUIPPED) -- VISUAL INSPECTION OF HEAT EXCHANGERS OF FLUE OIL COMBUSTION BLOWER MOTOR CLEAN AND ADJUST IGNITOR CHECK SEQUENCE OF OPERATION CHECK PILOT SETTING _ CHECK MAIN LINE GAS PRESSURE ' CHECK FAN SWITCH - EVAPORATIVE CONDENSER - CHECK SUMP CONDITION CHECK SPRAY PUMP OPERATION DRAIN AND SECURE PUMP IF REQUIRED CHECK AUTO FILL VALVE OPERATION CHECK SUMP HEATER CHECK INDOOR COIL TEMPDROP _ DEG F IF E. HEAT CHECK AMP DRAW Ll _ L2 _ L3 _ IF E. HEAT CHECK TEMPERATURE RISE _ DEG F IF G. HEAT CHECK TEMPERATURE RISE _ DEG F IF G. HEAT CHECK MANIFOLD GAS PRESSURE _ in. WC SPRING CHECK BELTS AND PULLYS CHECK CONDENSATE PAN, PUMP, AND TRAP ADD PAN TABS CHECK UNUSUAL VIBRATION/NOISE CHECK INDOOR/OUTDOOR COIL CONDITION CHECK SUPPLY VOLTAGE CHECK SUPPLY MOTOR AMPS CHECK RETURN MOTOR AMPS CHECK ECONOMIZER OPERATION CHECK RELIEF DAMPERS CHECK CONTROL SET POINTS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK MECHANICAL COOLING SEQUENCE OPERATION CHECK OPERATING REFRIGERANT PRESSURES CHECK COMPRESSOR DISCHARGE TEMPERATURES CHECK COMPRESSOR SUPERHEAT_ CHECK SUB COOLING CHECK OPERATING CONTROLS PRESSURE SETTING CHECK FOR REFRIGERANT LEAKS (VISUAL) LUBE BLOWER BEARINGS (IF REQUIRED) LUBE BLOWER MOTOR LUBE DAMPER PIVOT POINTS LUBE INLET VANE PIVOT POINTS CHECK EXPANSION VALVE SUPERHEAT AND BULB CHECK CAPACITY CONTROLS CHECK SAFETIES MEG/OHM MOTORS 10 HP OR LARGER COMP CHECK CONTACTOR POINTS CHECK BLOWER WHEEL FOR DIRT CHECK OUTDOOR FAN BLADES/SUPPORTS CHECK ELECTRICAL CONNECTIONS CHECK FRESH AIR INTAKE SCREENS CHECK CONDENSER FAN BLADE CONDITION CHECK CONDENSER FAN SEQUENCE AND OPERATION CHECK VFD,INLET/DISCHARGE VANE OPERATION CHECK HOT GAS BYPASS OPERATION --EVAPORATIVE CONDENSER - FILL SUMP IF REQUIRED CHECK SUMP CONDITION CHECK SPRAY PUMP OPERATION CHECK AUTO FILL VALVE OPERATION CHECK SUMP HEATER CHECK INDOOR COILTEMP DROP _DEG F Site: FW Community Center 876 South 333rd Street Type Description Season AHU AIR HANDLER FALL SPRING Task CHECK BELTS AND PULLEYS INSPECT CONDENSATE PAN, PUMP, AND TRAP ADD PAN TABS CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK CONDITION OF COIL LUBRICATE BLOWER BEARINGS(PER MFG SPECS) CHECK BLOWER WHEEL FOR DIRT CHECK VOLTAGE CHECK AMP DRAW -- FRESH AIR CYCLE (IF EQUIPPED) -- CHECK FRESH AIR SCREENS LUBRICATE IF REQUIRED CHECK MINIMUM POSITION CHECK OPERATING CONTROLS CHECK DAMPER OPERATION -- ELECTRIC HEAT: (IF REQUIRED) -- CHECK HEATING SEQUENCE OPERATION CHECK CONTACTOR POINTS CHECK AMP DRAW CHECK TEMPERATURE RISE -- GAS HEAT: (IF REQUIRED) -- CHECK HEATING SEQUENCE OPERATION VISUAL INSPECTION OF HEAT EXCHANGERS AND FLUE CHECK COMBUSTION BLOWER OPERATION (CLEAN WHEEL IF NEEDED) CHECK COMBUSTION BLOWER OPERATION (IF EQUIPED) CHECK IGNITOR (CLEAN AND ADJUST IF NEEDED) CHECK MAIN LINE GAS PRESSURE (IF ACCESSIBLE) CHECK MANIFOLD GAS PRESSURE (ADJUST IF NEEDED) CHECK TEMPERATURE RISE CHECK BELTS AND PULLEYS INSPECT CONDENSATE PAN, PUMP AND TRAP ADD PAN TABS CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK CONDITION OF COIL LUBRICATE BLOWER BEARINGS CHECK BLOWER WHEEL FOR DIRT CHECK VOLTAGE CHECK AMP DRAW CHECK ELECTRICAL CONNECTIONS CHECK CONTACTOR POINTS MEG OHM MOTOR (10 HP OR LARGER) -- FRESH AIR CYCLE (IF EQUIPPED) -- CHECK FRESH AIR SCREENS LUBRICATE IF REQUIRED CHECK MINIMUM POSITION CHECK OPERATING CONTROLS CHECK DAMPER OPERATION Site: FW Community Center 876 South 333rd Street Type Description Season Task MUA MAKE UP AIR UNIT FALL CHECK BLOWER BELTS AND PULLYS LUBRICATE BLOWER MOTOR (PER MFG SPECS) LUBRICATE BLOWER BEARINGS (PER MFG SPECS) MEG OHM MOTOR (10HP OR LARGER) CHECK ELECTRICAL CONNECTIONS CHECK CONTACTOR POINTS CHECK COMBUSTION BLOWER WHEEL, CLEAN IF REQUIRED CLEAN BURNER ORIFICES INSPECT IGNITOR AND CHECK GAP CHECK TEMPERATURE CONTROL CHECK OPERATIONAL SEQUENCE CHECK AIR PROVING SWITCH CHECK DAMPER ACTUATOR INTERLOCKS CHECK MAIN LINE GAS PRESSURE CHECK PILOT GAS VALVE CHECK MODULATING GAS VALVE CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK GAS MANIFOLD PRESSURE _ in.WC CHECK TEMPERATURE RISE —DEG F CHECK VOLTAGE Ll _ L2 _ L3 _ SPRING CHECK BLOWER BELTS AND PULLYS CHECK OPERATIONAL SEQUENCE CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK VOLTAGE L1 _ L2 _ L3 _ CHECK AMP DRAW Ll _ L2 _ L3 _ Site: FW Community Center 876 South 333rd Street Type Description Season Task CONDENSOR UNIT CU (W/COMPRESSOR) FALL CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK COIL CONDITION CHECK SUPPLY VOLTAGE CHECK MOTOR AMPS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK COOLING SEQUENCE OF OPERATION CHECK FOR REFRIGERANT LEAKS (VISUAL) CHECK HEAD PRESSURE CONTROL OPERATION LUBRICATE MOTOR BEARINGS (PER MFG SPECS) INSPECT FAN BLADES AND SUPPORTS CHECK SAFETY OPERATION AND SETTING CHECK ELECTRICAL CONNECTIONS CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK COIL CONDITION CHECK DISCHARGE TEMPERATURE _ CHECK SUPPLY VOLTAGE CHECK MOTOR AMPS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK COOLING SEQUENCE OF OPERATIONS CHECK FOR REFIGERANT LEAKS(VISUAL) CHECK HEAD PRESSURE CONTROL OPERATION LUBRICATE MOTOR BEARINGS (PER MFG SUGG) INSPECT FAN BLADES AND SUPPORTS CHECK SAFETY OPERATION AND SETTING CHECK ELECTRICAL CONNECTIONS SPRING CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK COIL CONDITION CHECK SUPPLY VOLTAGE CHECK MOTOR AMPS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK COOLING SEQUENCE OF OPERATION CHECK FOR REFRIGERANT LEAKS (VISUAL) CHECK HEAD PRESSURE CONTROL OPERATION CHECK CAPACITY CONTROL CHECK SAFETIES LUBRICATE MOTOR BEARINGS (PER MFG SPECS) MEG OHM MOTOR (10 HP OR LARGER) CHECK CONTROL POINTS INSPECT FAN BLADES AND SUPPORTS CHECK SAFETY OPERATION AND SETTING CHECK ELECTRICAL CONNECTIONS INSPECT CONTACTOR POINTS CHECK CONTACTOR POINT VOLTAGE DROP OIL TEST SEMI -HERMETICS CHECK DISCHARGE PRESSURE _ CHECK SUCTION PRESSURE _ CHECK SUB COOLING _ CHECK DISCHARGE TEMPERATURE _ CHECK COMPRESSOR SUCTION TEMPERATURE _ CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 wwww otyoffederalwaycom EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed One Hundred Eighty- Eight Thousand and NO/100 Dollars ($188,000.00) and Washington State sales tax equal to Eighteen Thousand Eight Hundred and NO/ 100 Dollars ($18,800.00) for a total of Two Hundred Six Thousand Eight Hundred and NO/100 Dollars ($206,800.00). 2. Method of Compensation: Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. Hourly rates not to exceed: • Extra repair hourly rate up to 8 hrs: $142 per hour • Extra repair hourly over 8 hrs: $213.00 per hour • Overtime Saturday rate: $213.00 per hour • Overtime Sunday rate: $284.00 per hour • Materials parts at wholesale plus 50% City Hall Comprehensive service rate at $31,000 + 3,100 tax = $34,100 yr. FWCC Comprehensive service rate at $25,000 + 2,500 tax = $27,500 yr. Unforeseen repairs or excluded parts and labor are extra, and charged at above hourly rates. MAINTENANCE AGREEMENT - 11 - 3/2017 SUBJECT: TREE SERVICE CONTRACT AWARD COUNCIL ACTION: POLICY QUESTION: Should the City Council award the contract to Thundering Oak Tree Care for tree service work and authorize the Mayor to execute the agreement? COUNCIL BILL # COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: March 12, 2019 CATEGORY: Enactment reading ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director. ........................................................................................................................................................................................................................................................................................................................................................................................................................................_....................._......................... DEPT: Parks Attachments: Staff Report and Tree Service Agreement Options Considered: Option 1. Award the contract in the amount of $60,500.00 for tree service work to Thundering Oak Tree Care and authorize the Mayor to execute the agreement. Option 2. Do not award the contract and provide staff with direction. MAYOR'S RECOMMEND)LTION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL:aw Ar Confnittee JF Counc 777 r�, Initial/Date Initial/Date Initia /Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the March 19, 2019 consent agenda for approval. Committee Chair Committee Member ConVfikee Member PROPOSED COUNCIL MOTION: "I move approval of the Tree Services Agreement, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # Date: To: Via: From: CITY OF Federal Way Parks Department February 21, 2019 PRHSPS Council Committee Mayor Jim Ferrell John Hutton, Parks Director Stephen Ikerd, Deputy Parks Director Subject: Tree Service Contract Financial Impacts: Use existing Parks budget appropriations to contract with Thundering Oak Tree Care for needed tree service work. A 3 year agreement will total $60,500 and will be funded out of the Urban Forestry account. Background: Following a competitive advertised bid process, Thundering Oak Tree Care was the only tree service company that submitted a responsive, responsible bid. This service provides tree assessments, hazardous tree work and mitigation and storm cleanup. This vendor is local, highly qualified and has provided this same service to the City in the past. They have professional certified arborist performing this service. Recommendation: Request City Council approves a contract to Thundering Oak Tree Care for tree service work and authorizes the Mayor to execute the agreement? CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 ..� (253) 835-7000 www cilyoffederalway com MAINTENANCE AGREEMENT FOR TREE SERVICE This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Thundering Oak Enterprises, 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: THUNDERING OAK ENTERPRISES, INC: Bryce Landrud P.O. Box 1847 Auburn, WA 98071 253-288-8733 (telephone) .com The Parties agree as follows: CITY OF FEDERAL WAY: Steve Ikerd 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6911 (telephone) (253)835-6909 (facsimile) Steve.ikerd@cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than March 31, 2022 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more 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 Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work 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 Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. 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 will not be acceptable. When defects are corrected, the warranty for 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 Contractor 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. Work 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 Work in MAINTENANCE AGREEMENT - 1 - 3/2017 ` CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay co/77 accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its 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 Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 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 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 may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum 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 negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the Contractor 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 Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by 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 has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or 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 work 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 any part of this Agreement, the City may obtain the goods, materials or 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 -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal 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 for final payment is made. MAINTENANCE AGREEMENT - 2 - 3/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 �+.../ (253) 835-7000 avmv crtyoffederalway com 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, 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, except for that portion of the claims caused by 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 for damages arising out of bodily injury to persons or damages to property caused 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 -contractor 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 Contractor pursuant 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. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor'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 benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, 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 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 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 termination of this Agreement with respect 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 or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. 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 from premises, 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 $2,000,000 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 injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. 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. MAINTENANCE AGREEMENT - 3 - 3/2017 ` CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www otyoffederalway com 6.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. 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 terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public 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 Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City 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 records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. 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, vacation pay or any other benefit 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 Contractor agrees 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. 10.2 Safety. 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 Work (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, barricades, 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 or 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 or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by MAINTENANCE AGREEMENT - 4 - 3/2017 CITY OF .L Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www opyoffederalway com the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for 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 10.4 Prevailing Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing_ Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or 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 will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of MAINTENANCE AGREEMENT - 5 - 3/2017 CITY OF CITY HALL '�.... 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 vvmv crryoffederahvay cont any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or 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, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 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 or agreements, whether oral 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 prior 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 Assignment and Beneficiaries. Neither the Contractor 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. 13.3 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 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 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 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, 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 full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or 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, MAINTENANCE AGREEMENT - 6 - 3/2017 ` CITY of CITY HALL �..- Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 �.� (253) 835-7000 wwww c0offederatway com unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party 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 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, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 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 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] MAINTENANCE AGREEMENT - 7 - 3/2017 'S CITY OF AN Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Ferrell, Mayor DATE: THUNDERING OAK ENTERPRISES, INC.: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney 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 MAINTENANCE AGREEMENT - 8 - 3/201.7 'S CITY Way EXHIBIT "A" 1. The Contractor shall do or provide the following: DEFINITIONS CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com Owners; Park Recreation & Cultural Services; City and/or City of Federal Way and their authorized representatives shall be understood to mean one and the same. Contract Administrator shall be the City of Federal Way Parks Maintenance Divisions duly authorized representative. Approved means approved by the owner. Approved equal or equivalent, as hereinafter used, shall mean a material or method equal to or better than the required materials or methods. Specifications shall mean these specifications and all addenda thereto. Tree service means the work and provisions described by the Service Contract and all addenda thereto. Native trees shall mean those trees which are indigenous or natural to the site. Ornamental trees shall mean those trees which are not indigenous or natural to the site, and are located as part of the designed landscape. II. SCOPE OF SERVICES A. The Contractor will furnish all labor, tools, specialized equipment, materials, and disposal of waste material generated by the work, unless other arrangements have been made with the Contract Administrator or appointed designee. Contractor shall provide supervision and transportation to perform tree services work as specifically outline in the Scope of Services. B. All fieldwork shall be performed under the supervision of a qualified ISA certified arborist. Laborers shall be licensed for all related functions, including pesticide, fertilizer, and herbicide application, and Ragging card when required. C. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State regulations and practices with respect to work performed for the City of Federal Way and ANSI Z-133 standards. D. The Contractor's personnel will conduct themselves on site in a professional manner at all times. E. Each employee will wear or display the company's name and/or logo. Vehicles working on City sites will have company name and phone number displayed. MAINTENANCE AGREEMENT - 9 - 3/2017 ` CITY OF CITY HALL Federa I Way Feder 8th Avenue South Federal Way, WA 98003-6325 �+....�' (253) 835-7000 www cityoffederalway com F. The Contract Administrator or appointed designee will inspect work performed by the Contractor. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. The City may choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment. G. Equipment intensive work using such equipment as; chain saws, chippers, lift trucks shall not commence before 7:00 a.m. and end by 8:00 p.m. on weekdays, (weekend work not allowed without prior approval). In the event of an emergency storm event, hour restrictions may be waived by the Contract Administrator or appointed designee. H. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-6960. After hours emergencies should be reported to the Police/Fire Communications Center - 911. I. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. It is the Contractor's responsibility to provide close supervision of operations and management of the site. J. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. K. The Contractor, at his or her expense, will remedy in a timely manner any damage to Public or Private Structures or plant material due to Contractor negligence. L. Contractor will coordinate with the Parks Dept. when any tree services are to be performed. M. Tree services shall include but not be limited to: complete takedowns, crown reduction, thinning, weight reduction, trimming, cabling, planting, fertilizing, pest control and root pruning. Any trimming shall use proper cutting methods to the closest lateral or bud. N. Contractor and employees shall be trained and skilled to perform all tree services in close proximity to structures and facilities on both private and public properties. O. Contractor to provide inspections and hazardous tree assessment reports by a qualified ISA Certified Arborist. P. Since each tree or setting is unique, the City reserves the right to ask for a quote on a tree service prior to authorizing the work to be performed. Q. The City reserves the right to ask for a quote on a tree service that may exceed $2000 prior to authorizing the work to be performed. III. RESPONSE TIME A. Emergency response time not to exceed 6-8 hrs. following a City request. MAINTENANCE AGREEMENT -10- 3/2017 CITY OF CITY HALL '�. 8th Avenue South Federal Way. WA 98003-6325 Fe d e ra I Way (253) 835-7000 wwww cityoffederahvay com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Fifty -Five Thousand and No/100 Dollars ($55,000.00) and Washington State sales tax equal to Five Thousand Five Hundred and No/100 Dollars ($5,500.00) for a total of Sixty Thousand Five Hundred and No/100 Dollars ($60,500.00). 2. Method of Compensation: A. Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. Hourly rates not to exceed: • Tree feller: $125.00 per hour • Tree climbing work: $125.00 per hour • Grounds person work: $115.00 per hour • Bucket trucks, trucks and chippers rate: (no charge) • Stump grinding rate: $150.00 per hour. • Fee for a certified tree assessment report: $140.00 NOTE: ISA Certified Arborist will always be on site to perform work or supervise. MAINTENANCE AGREEMENT - I 1 - 3/2017 m4lr,-. g COUNCIL MEETING DATE: �ry 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA RML _ SUBJECT: USE OF ADDITIONAL UNALLOCATED MITIGATION FUNDS TO COMPLETE THE PURCHASE OF ONE (1) FORECLOSED KING COUNTY PARCEL FOR OPEN SPACE AND RECREATION POLICY QUESTION: Should the City authorize additional mitigation funds to purchase a parcel of real property from King County for open space and recreation? COMMITTEE: PRHSPS Committee MEETING DATE: FebMMy 12, 2019 CATEGORY: % ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy �Director DEPT: Parks ................................._._.........._......_................... . _ ............... ..._........_.....p . ..._.........---......._............................._............._......................................._..................._............._........._........-................... ......... _........ _...... ... ............. __......... ...._... History: Council authorized staff to purchase 5 foreclosed parcels from King County last month and use mitigation funds for the purchase. One of the five KC parcels; 302104-9031 ended up with a $3500 fee in the deed transfer paperwork vs the $2500 originally reported. This is still a worthwhile asset for the City to own and staff request approval to use additional unallocated mitigation funds to complete the purchase of this real property. Options Considered: 1. Approve additional unallocated mitigation funds to complete the purchase of this real property. 2. Do not approve the use of additional unallocated mitigation funds, and provide direction to staff. MAYOR'S MAYOR APPROVAL: I DIRECTOR APPROVAL: I�j'�/�Q Committee COMMITTEE RECOMMENDATION: I move to approve additional unallocated mitigation funds to complete the purchZomWee property to the �-19, 2019 City Council consent agenda for approval. owl 1 111111 1 [11 Chair Committee ember Co ttee Mem PROPOSED COUNCIL MOTION: "I move approval of the use of $1, 000 additional unallocated mitigation funds to fully fund the previously approved purchase of real property. " (BELOW TO BE COMPLETED BY CITY CLERICS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # m4mZ)A 5h COUNCIL MEETING DATE: Fe ry 19, 2019 ITEM #: ................................................................................. .... ................... .......... ............. ...................................... ............ ........_................................................................ _.... .......... ............. _............... ...................... ...... ..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RENEWING A MOU WITH THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE. POLICY QUESTION: Should the Federal Way Police Department renew a MOU with the Internet Crimes Against Children Task Force based out of the Seattle Police Department? COMMITTEE: PRHS&PSC MEETING DATE: Freb. 12, 2019 CATEGORY: r'c'4 `N ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: And J. Hwang, Chief of Police DEPT: Police ....................................................................................................... ..............Y..................................................................................................................................................................................._......_......................................................................................................_._....._......................................__............................................ Attachments: • Staff Report • Interagency Agreement • Internet Crimes Against Children Program Options Considered: 1. Accept the recommendation to enter into a MOU with the Internet Crimes Against Children Task Force. 2. Re'ect the recommendation to enter into a MOU with the Internet Crimes Against Children Task Force. ..................... a ............... ................. .................................. .............. ....................................................... ................................ ........ ..........................................................................._.............................................._.. MAYOR'S RECOMMENDATION: 1 Accept renewing the MOU on Internet Crimes Against Children Task Force acting through Seattle PD. Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to theme 19, 2019 consent agenda for approval.r�^ Committee Chair Committ Member Comnkfee Membe PROPOSED COUNCIL MOTION: "I move to approve the City of Federal Way entering into a MOU with the Internet Crimes Against Children Task Force acting through Seattle PD, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 12, 2019 TO: Parks, Recreation, Human Service and Public Safety Council Committee. VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Request to renew a MOU between the Federal Way Police Department and the Internet Crimes Against Children Task Force Acting through The City of Seattle Police Department. Financial Impacts: The Internet Crimes Against Children Task Force (ICAC) is federally funded through a grant from the Office of Juvenile Justice and Delinquency Prevention. There is no cost to the City of Federal Way for taking part in this program. Background Information: The Federal Way Police Department has taken part in the ICAC task force since 2013. This is a request to renew the contract for 2019 until terminated by either party in writing. Seattle PD is the host agency that runs ICAC. As an affiliate member Federal Way agrees to abide by the operational and investigative standards set forth for ICAC investigations. The Federal Way Police Department meets the standards and is in compliance with minimum requirements necessary to be a member. Membership in the ICAC Task Force will result in Federal Way investigative personnel having access to ICAC training at no cost. This specialized internet training will be valuable in investigating other internet based crimes, including human trafficking. Additionally, membership establishes a relationship which will allow the Federal Way Police to quickly move significant investigations to a federal level and gain assistance from the ICAC Task Force. The Federal Way Police Department currently investigates these crimes that occur within our jurisdiction. Becoming an affiliate member of the ICAC Task Force does not require the commitment of personnel and would not increase our current caseloads. The recommendation is for the approval of the Federal Way Police Department to renew a MOU with the ICAC Task Force to enhance our capability in investigating internet crimes against children. Rev. 7/18 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE ACTING THROUGH THE CITY OF SEATTLE POLICE DEPARTMENT AND FEDERAL WAY POLICE DEPARTMENT This Interagency Agreement is entered into by and between the Washington State Internet Crimes against Children Task Force (WA ICAC TF), acting through the City of Seattle Police Department and Federal Way Police Department (Affiliate Agency) acting through its duly authorized representative. WHEREAS, The United States Department of Justice (DOJ) Office of Juvenile Justice and Delinquency Prevention (OJJDP) have created the Internet Crimes Against Children (ICAC) Task Force Program, which is a national network of state and local law enforcement cybercrime units. The mission of the national ICAC Task Force Program is to assist state and local law enforcement agencies develop an effective response to technology -facilitated child sexual exploitation and Internet crimes against children. This assistance encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education. Due in large part to the technological aspects of these cases, the ICAC Task Force Program promotes a multi -jurisdictional, multi -agency, team approach to investigating and prosecuting ICAC cases; and WHEREAS, the ICAC Task Force Program is a national network of 61 coordinated task forces representing more than 3,500 federal, state, and local law enforcement and prosecutorial agencies with each task force having an agency designated by the OJJDP as the "Lead Agency" which is the law enforcement agency that is awarded federal funding to serve as the "Lead" Agency for the corresponding Task Force. WHEREAS, the SPD has been designated by the OJJDP as the "Lead Agency" to oversee the multi -jurisdictional Washington State Internet Crimes Against Children Task Force (WA ICAC TF) intended to combat crimes related to the sexual exploitation, enticement and victimization of children through the Internet, online communication systems, telecommunications technology and other computer technology; and Page 1 of 7 WHEREAS, the SPD is the recipient of a Federal grant through the OJJDP to assist in the investigation and prosecution of Internet crimes against children; and WHEREAS, the SPD will assist law enforcement agencies in Washington State to increase their computer forensic capabilities and receive appropriate training to investigate Internet related cases; and WHEREAS, agencies that agree to work with the SPD as the "Lead Agency" shall be identified in the program as an "Affiliate" or "Affiliate Agency" will execute this signed agreement under the authorization of the proper authority of said agency following all of the terms, conditions and tenets contained herein. NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains thirteen (13) Articles. ARTICLE I TERM OF AGREEMENT Affiliate Agencies may withdraw from this Interagency Agreement and new Affiliate Agencies may be added by executing an Interagency Agreement with the SPD in substantially the same form as this Interagency Agreement. The term of this Interagency Agreement shall be in effect until terminated pursuant to the provisions hereof. Either agency may cancel this agreement with (30) thirty days of written notification to the other agency. Said notification must be provided from the appropriate authorized authority within that agency. Upon receipt of the written notification the SPD will permanently remove the agency from Affiliate Agency status with the ICAC Program. ARTICLE II OPERATIONAL STANDARDS Affiliate Agencies agree to adhere to the ICAC Task Force Program Operational and Investigative Standards, attached to and made part of this Agreement, as Attachment A. The undersigned law enforcement agency agrees to investigate ICAC cases within their jurisdiction, and assist other jurisdictions to investigate these cases. Affiliate Agencies agree to participate on the Washington Internet Crimes Against Children Task Force that is overseen by the SPD. Affiliate Agencies agree to use only sworn law enforcement investigators to conduct ICAC investigations. Each investigator involved with undercover operations must receive ICAC Program training prior to initiating proactive investigations and shall submit reports of all undercover activity to the SPD ICAC prior to conducting the investigation. Affiliate Agencies agree to conduct reactive investigations where subjects are associated within the Affiliate Agencies jurisdiction, including investigations of child pornography, Cybertip (CT) referrals from the National Center for Missing and Exploited Children (NCMEC), Internet Service Provider (ISP) and law enforcement referrals, and other ICAC - related investigations. Additional case initiations may develop from subject interviews, Page 2 of 7 documented public sources, direct observations of suspicious behavior, public complaints, etc. Affiliate Agencies agree to record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file, reviewed and authorized by the ICAC Unit Commander, or equivalent, for that agency. Affiliate Agencies agree to provide the SPD with access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. Affiliate Agencies agree to locate its ICAC investigators in a secured space, to be provided by the Affiliate Agency, with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and under control of each Affiliate Agencies ICAC personnel, with restricted access to limited authorized personnel. Affiliate Agencies agree to conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the WA ICAC TF, its Affiliate Agencies or the national ICAC Program. Affiliate Agencies agree to be responsible for proper maintenance and use of any equipment purchased with OJJDP Grant funds and loaned to an Affiliate Agency by the SPD. Upon termination of this Interagency Agreement, ownership of equipment, hardware, and other non -expendable items will revert to the SPD. Affiliate Agencies agree to utilize applicable State and Federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate. Affiliate Agencies shall maintain accurate records pertaining to prevention, education and enforcement activities, to be collected and forwarded not less than monthly to the SPD ICAC Strategic Advisor, Seattle Police Department, wa.icac@seattle.gov or entered directly into IDS, for statistical reporting purposes (form provided.) ARTICLE III SUPERVISION Each Affiliate Agency will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to assist the WA ICAC TF. WA ICAC TF investigations are a cooperative effort and investigative decisions will be a joint process guided by the ICAC Task Force Program Operational and Investigative Standards. ARTICLE IV JURISDICTION Page 3 of 7 The principal sites of WA ICAC TF activities will be in the respective jurisdictional area of each Affiliate Agency. Nothing in this agreement shall otherwise limit or enhance the jurisdiction and powers normally possessed by an Affiliate Agency's employee(s) as a member of the WA ICAC TF. Affiliate Agencies may on occasion be referred investigations that are outside of the physical boundaries of their respective municipalities due to specific needs, capabilities or expertise as identified by the WA ICAC TF Lead Agency. Affiliate Agencies agree to take these referrals and conduct appropriate investigations in conformance with the ICAC Operational Standards, investigative or operational training, and their agency policing policies. ARTICLE V EVIDENCE Seized evidence and any other related forfeiture will be handled in a manner consistent with the seizing law enforcement agency's policies. ARTICLE VI INSURANCE AND LIABILITY Each Affiliate Agency shall maintain sufficient insurance coverage or a fully funded self- insurance program, approved by the State of Washington, for the protection and handling of the liabilities including injuries to persons and damage to property. Each Affiliate Agency agrees to maintain, at its own expense, insurance or self-insurance coverage for all of its liability exposures for this Agreement and agrees to provide the City of Seattle with at least 30 days prior written notice of any material change in the Affiliate Agency's liability coverage. ARTICLE VII REPORTING STANDARDS Using a process provided by the SPD, each Affiliate Agency shall submit monthly statistics to the SPD on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the approved procedures. These statistics shall be submitted in the appropriate format by the 10th day of each successive month that the statistics were acquired and shall include data on all related investigations opened or closed during the month in all of the categories as designated on the provided form. In addition, an agency case number shall be included for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by an Affiliate Agency. Any local media reporting or responses on the investigation will comply with Section 12. Media Relations and Media Releases of the ICAC Operational Standards. The SPD will be responsible for all required reporting to the OJJDP. ARTICLE VIII TRAINING Affiliate Agencies shall make every effort to make investigators designated as Task Force Members available for applicable specialized training provided through the national ICAC Program and other appropriate training programs. The SPD will review training requests and provide funding for ICAC -approved training when appropriate. This funding will include, but is not limited to; WA ICAC TF hosted, or sponsored or facilitated training through the national ICAC Programs authorized vendors. Page 4 of 7 Affiliate Agencies seeking funding assistance will be required to submit requests at least thirty (30) days in advance in writing and to comply with the procedures set forth in a separate Interagency Agreement for funding requests. A sample of this Interagency Agreement is available upon request but in no way is tacit or expressed authorization of requested funding or financial assistance given in advance. Funding under the Interagency Agreement is limited to the available funds that are received by the SPD under the OJJDP Grant program for the national ICAC program. ARTICLE IX CONFIDENTIALITY The parties agree that any confidential information pertaining to investigations of WA ICAC TF will be held in the strictest confidence, and will only be shared with other Affiliate Agencies or other law enforcement agencies not participating in the WA ICAC TF where necessary or as otherwise permitted by federal and/or state law. ARTICLE X COMPLIANCE WITH EQUAL OPPORTUNITY LAWS To the extent required by law, the Affiliate Agency shall comply with all applicable laws, standards, orders and regulations regarding equal employment which are applicable to the Affiliate Agency's performance of this Interagency Agreement, including Rules of Practice for Administrative Proceeding to Enforce Equal Opportunity under Executive Order No. 11246, title 41, subtitle B, Chapter 60, part 60-30, which are incorporated herein by reference. ARTICLE XI GOVERNING LAW AND VENUE This Interagency Agreement is governed in all respects by applicable local, State, and Federal laws which shall supersede any provisions made in this Interagency Agreement to the contrary. Any provision effected will not negate the rest of the Interagency Agreement. In case any one or more of the provisions contained in this Interagency Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Interagency Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Exclusive venue is in Seattle, King County, Washington. ARTICLE XII EFFECTIVE DATE This Interagency Agreement shall be effective on October 1. 2018 and continue for three years. Upon expiration of the three years this Interagency Agreement shall automatically be renewed for one (1) additional year until such time as federal funding for the ICAC Task Force Program ends or the Interagency Agreement is canceled by either party upon 30 days' written notice delivered to both parties as delineated in ARTICLE I TERM OF AGREEMENT. This Interagency may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Page 5 of 7 The additional or deletion of Affiliate Agencies to or from this Interagency Agreement shall not affect the Interagency Agreement with the remaining Affiliate Agencies. This Interagency Agreement can be amended or replaced in the event of new requirements under the national ICAC Task Force Program or as designated by law or other proper lawful authority. ARTICLE XIII AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. Page 6 of 7 WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE INTERAGENCY AGREEMENT EXECUTED BY The SEATTLE POLICE DEPARTMENT, a department of the City of Seattle, hereinafter referred to as "SPD", Department Authorization Representative: Captain Michael Edwards PO Box 34986 Seattle WA 98124-4986 The FEDERAL WAY POLICE DEPARTMENT, a department of the City of Federal Way, hereinafter referred to as "FWPD", Department Authorized Representative: Chief of Police Andy J. Hwang Federal Way Police Department 33325 8th Ave. S. Federal Way, WA 98003 In Witness Whereof, the parties have executed this Agreement by having their representatives affix their signatures below. FEDERAL WAY POLICE DEPARTMENT Andy J. Hwang, Chief of Police Date: Page 7of7 SEATTLE POLICE DEPARTMENT Carmen Best, Chief of Police Date: LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Internet Crimes Against Children Program OPERATIONAL AND INVESTIGATIVE STANDARDS ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 1 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Table of Contents Definitionsof Terms........................................................................................................... 3 1. Purpose of the ICAC Standards................................................................................. 5 2. ICAC National Program........................................................................................... 6 3. Oversight of the ICAC Program................................................................................ 7 4. Selection and Retention of Task Force Members ...................................................... 8 5. Training......................................................................................................................9 6. Case Management.................................................................................................... 10 7. Task Force Reporting Requirements to OJJDP....................................................... 11 8. Investigations........................................................................................................... 12 9. Work Environment................................................................................................... 14 10. Victim Identification................................................................................................ 15 11. Public Awareness and Community Outreach.......................................................... 16 12. Media Relations and Media Releases...................................................................... 17 ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 2 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Definitions of Terms Applicability of Terms Although some of the definitions below may be generally applicable to law enforcement, they are intended for use in the interpretation of these Standards. As such, where any term defined below is capitalized in these Standards, the Standards are referring to that term as defined below. By contrast, where any term defined below is not capitalized in these Standards, the Standards are referring to that term as it is used generally in the field of law enforcement. "Affiliate" or Affiliate Agency" is an agency that is working with a Lead Agency as part of a regional or State ICAC Task Force. An Affiliate has agreed in writing to adhere to these Standards. "Authorized Personnel" are Members who themselves lack powers of arrest but have been authorized by their respective agency to participate in Investigations and are being supervised by Sworn Personnel. "Commander" is the Member of a Lead Agency who has been designated by that Lead Agency and recognized by OJJDP as the leader of the corresponding Task Force. "CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the DOJ. "Crime" is any offense (or group thereof) that involves (or involve) the exploitation/victimization of children facilitated by technology. "CVIP" is the Child Victim Identification Project operated by NCMEC. "CyberTipline" is a reporting mechanism operated by NCMEC that allows for the reporting of suspected Crimes. "Deconflict" is a process whereby Members are able to submit Investigative information to each other and/or to ICAC -related databases in order to determine whether other Members or other law enforcement agencies have information concerning the same targets or Crimes. "DOJ" is the United States Department of Justice. "Employee" is a sworn or compensated individual, or any individual working under the direction and control of a law enforcement agency. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 3 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE "Equipment" is any device or tool — including but not limited to computers, phones, and online accounts and services -- purchased or obtained for use in ICAC -related matters. "ICAC" is the Internet Crimes Against Children Program, a national program composed of state and regional Task Forces. "Images" are visual depictions in any form (image or video/printed or digital) of child sexual exploitation as defined by federal and/or state statute. "Investigation" is an investigation into a Crime. Likewise, "Investigate" "Investigating" and "Investigative" are used within the same context. "Investigative Persona" — any identity established or created by an Employee to aid an Investigation. "Investigator" is a Member who is a part of the Sworn Personnel of a Task Force. "Lead" or "Lead Agency" is the law enforcement agency that receives the ICAC grant and is designated by OJJDP to act as the lead agency for the corresponding Task Force. "Member" is a Lead or Affiliate Agency's employee who is either Sworn Personnel or Authorized Personnel and who has been designated to work on ICAC -related matters for his/her respective agency and Task Force. "National Initiative" is any proposal that relies on the cooperation and resources of a significant number of Task Forces and, accordingly, has been approved by OJJDP. "NCMEC" is the National Center for Missing and Exploited Children. "OJJDP" is the Office of Juvenile Justice and Delinquency Prevention within the DOJ. "Supervisor" is a Member who has been designated by his/her respective agency to supervise Investigations and other ICAC -related matters. "Standards" are all of the provisions of these, the ICAC Operational and Investigative Standards. "Sworn Personnel" are Members with powers of arrest. "Task Force" is the Lead Agency and its Affiliate(s) (combined) as designated by OJJDP for a particular state or region. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 4 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 1. Purpose of the ICAC Standards These Standards are established by OJJDP to guide administration and operation of ICAC and its Members when working on ICAC -related Investigations and matters. ICAC Members should make every reasonable effort to comply with these Standards. However, since many aspects of Investigations are dynamic and laws vary widely between jurisdictions — their genesis; methods for their evidentiary pursuit; and their application within court — it is difficult to anticipate every circumstance that might present itself. Thus, reasonable deviations from these Standards may occur depending upon various factors (e.g., emergency situations; timing constraints; accessibility constraints; resource constraints; technology constraints; perceived conflicts between the Standards and statutes, decisional law, and court orders; et cetera). Should questions regarding the interpretation of these Standards arise or conflicts occur between these Standards and agency policies or law, the subject Commander faced with the issue shall seek the guidance of an OJJDP Program Manager. However, nothing in these Standards is meant to interfere with a Commander's or Supervisor's lawful tactical decision-making. Commanders may supplement, but not contradict, these Standards in the written agreements they establish with their Affiliates to promote the effective operation of their Task Forces. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 5 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 2. ICAC National Program 2.1 Mission of the ICAC Program The Internet Crimes Against Children Task Force Program (ICAC) helps state and local law enforcement agencies develop an effective response to technology -facilitated child sexual exploitation and Internet crimes against children. This support encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education. 2.2 ICAC Background The Internet Crimes Against Children Program (ICAC) is a national network of 61 coordinated task forces representing more than 3,500 federal, state, and local law enforcement and prosecutorial agencies. These agencies are engaged in both proactive and reactive investigations, forensic examinations, and criminal prosecutions. By helping state and local agencies develop effective, sustainable responses to online child victimization — including responses to child sexual abuse images (Images), The ICAC Program has increased law enforcement's capacity to combat technology facilitated crimes against children at every level. The ICAC Program was developed in response to the increasing number of children and teepagers using the Internet and other technology, the proliferation of child sexual abuse images available electronically, and the heightened online activity by predators seeking unsupervised contact with potential underage victims. Because ICAC Members understand that arrests alone cannot resolve the problem of technology -facilitated child sexual exploitation, the ICAC Program is also dedicated to training law enforcement officers and prosecutors, as well as educating parents and youth about the potential dangers of online activity. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 6 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 3. Oversight of the ICAC Program 3.1 The oversight of the ICAC Task Force Program and the administration of ICAC grants is the responsibility of OJJDP. The oversight of each Task Force falls to its Commander. The oversight of each agency, both Lead and Affiliate, falls to its designated Supervisor. 3.2 Commanders shall ensure there are supervisory systems and protocols in place that provide for observation, documentation, and review of ICAC activity. Said systems shall comply with the principles of quality case management and shall ensure that ICAC activities comply with agency policies and these Standards. 3.3 Commanders shall ensure that each Member in his/her Lead Agency and each Supervisor of an Affiliate Agency receives a copy of the Standards. 3.3.1 Supervisors shall ensure that each Member in his/her Affiliate Agency receives a copy of the Standards. 3.4 Commanders shall submit all proposed National Initiatives to OJJDP prior to the start of the project. 3.4.1 OJJDP may suggest amendments to the original proposal following consultation with the presenting Commander and, as appropriate, other federal, state, and local entities. 3.5 Supervisors shall inform their Members about departmental or Task Force employee assistance programs and services available to them. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 7 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 4. Selection and Retention of Task Force Members 4.1 When practicable during the selection process of Members, Commanders and Supervisors shall evaluate prospective candidates for work histories that indicate prior investigative experience, courtroom testimony skills, technical knowledge and ability, an ability to prudently handle sensitive information, a genuine interest in the protection of children, and an understanding of the effects that Members may experience when exposed to Images. 4.2 Commanders and Supervisors shall acknowledge the potential effects of Investigations and exposure to Images. When practicable, they shall attempt to mitigate the potential effects of the work using, for example, the following techniques: • Work environment considerations — Commanders and Supervisors are encouraged to provide a physical location for the work environment that allows the Investigator to conduct discreet Investigations. • Work flexibility — Commanders and Supervisors are encouraged to allow flexibility for Investigators and others who are exposed to Images (e.g., frequent breaks, having an open-door policy, etc.). • Educating colleagues — Commanders and Supervisors are encouraged to teach their colleagues that the viewing of Images is serious and restricted. • Work with Mental Health Providers (MHP) — In compliance with their agency guidelines, Commanders and Supervisors are encouraged to work with MHP to make recommendations for care of Members and to provide education and training designed to minimize the impact of Images. • Training -- Commanders and Supervisors are encouraged to share or seek out best practices for minimization of the impact of Images and to promote attendance at trainings regarding methods used to minimize said impact. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 8 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 5. Training 5.1 Carefully -managed Investigations conducted by well-trained Investigators are among the most effective techniques available to law enforcement for addressing Crime. 5.2 All national training curricula supported by ICAC resources shall be conducted consistent with the Standards and shall be approved by OJJDP. 5.3 Commanders shall ensure that nominees to attend any ICAC -sponsored national in-person training are current Members. 5.4 Task Forces may develop and deliver Task Force training. This training shall comply with the Standards and shall be approved by the Commander. All costs to develop and deliver the training shall be the responsibility of the Task Force or Affiliate providing the Task Force training. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 9 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 6. Case Management 6.1 Commanders and Supervisors are responsible for determining Investigative priorities and selecting cases for Investigation in their respective agencies. Those determinations shall include an assessment of victim risk, jurisdiction, known offender behavioral characteristics, and the likelihood of securing the information necessary to pursue each Investigation. 6.2 Conventional boundaries often are meaningless in today's digital world where the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility of Lead and/or Affiliate Agencies targeting other law enforcement personnel, Investigating the same target, or inadvertently disrupting an ongoing Investigation. To foster effective case coordination, collaboration, and communication, each Member shall make every effort to Deconflict all active Investigations. 6.3 Lead and Affiliate Agencies shall be subject to their respective agency's incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each case. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 10 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 7. Task Force Reporting Requirements to OJJDP 7.1 The reports described below do not replace the semi-annual progress report required by the Office of Justice Programs' Financial Guide. 7.2 Commanders shall compile and submit a Task Force Monthly Performance Measures Report to the OJJDP-designated location before the end of the following calendar month. 7.2.1 Affiliates shall report their activity to their respective Commander by the 10th of each month using the ICAC Monthly Performance Measures Report. 7.3 Commanders shall compile and submit an annual report which details each of their Affiliates. The report shall be submitted in a method determined by OJJDP and shall include the following information: 7.3.1 The name of each Affiliate Agency. 7.3.2 The staffing level of each Affiliate including the number of Investigators, prosecutors, education specialists, and forensic specialists dedicated to Investigating and prosecuting Crime. 7.3.3 This ongoing annual report shall be submitted within 30 days of the end of the calendar year. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 11 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8. Investigations 8.1 Investigations shall be conducted in a manner consistent with applicable laws and constitutional requirements. 8.2 Only Sworn Personnel shall conduct Investigations. 8.2.1 Authorized Personnel acting under the direction and supervision of Sworn Personnel may participate in Investigations. 8.2.2 Members shall not approve, condone, encourage, or promote cyber- vigilanteism by private citizens. As such, Members shall not use unauthorized private citizens to proactively seek out Investigative targets. 8.2.3 The above section (8.2.2) shall not preclude the use of information related to a Crime provided by victims or public citizens who discover evidence (e.g., CyberTip reports, mandated reports from professionals, computer repair shop complaints, parental complaints, et cetera). Nor does it preclude the use of authorized over -hears or other similar investigative methods designed to further an Investigation. 8.3 Investigations shall be documented. Any departures from this provision due to unusual or exigent circumstances shall be documented in the relevant case file and reviewed by the Supervisor. 8.3.1 The retention, storage, security, and disposal of Investigative or case information shall be consistent with the subject agency's policies and federal and state law regarding same. 8.3.2 Access to Investigative case files shall be restricted to Authorized Personnel. 8.4 Members shall not electronically upload, transmit, or forward any Images. 8.4.1 Section 8.4 shall not prohibit the transfer of evidence between Investigators as provided for by sections 8.9 and 8.10 of these Standards nor shall it prohibit the submission of Images to CVIP as provided for by section 10.1 of these Standards. 8.5 Visual depictions of any identifiable person used to represent an investigative persona or any identifiable minor, shall be only those of an Employee who has given his or her written consent and only if that Employee was at least 18 years old at the time of consent. Further, the depictions themselves may be of that Employee under the age of 18. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 12 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8.6 Absent prosecutorial input to the contrary, during online dialogue, officers shall allow the Investigative target to set the tone, pace, and subject matter of the online conversation 8.6.1 The above section (8.6) shall not be construed to prohibit Investigators from performing any of the following activities when initiating or conducting an Investigation: (a) posting information including visual depictions (image or video/printed or digital) to establish an online presence, (b) placing advertisements or posts, or (c) sending messages. 8.6.2 Members shall familiarize themselves with relevant state and federal law, including but not limited to those regarding the defense of entrapment, and should confer with relevant prosecutors for legal consultation, as needed. 8.6.3 Members planning large-scale (multi -target) operations shall advise the Commander and shall consult relevant prosecutors regarding the operation. 8.7 The examination of digital storage devices shall be performed consistent with the subject agency's protocol. 8.8 Images shall be maintained pursuant to the subject agency's policy. 8.8.1 Absent a court order specifically ordering otherwise, evidence containing Images shall not be released to any defendant or representative thereof. 8.9 Absent exigent circumstances, all Members' case referrals between jurisdictions shall include: • Notification to and acceptance by the Commander(s) of both jurisdictions that are involved in the referral; • A secure (i.e., digitally -protected) copy of the case file; • An official Investigative report or affidavit containing case details; and, • Documentation, preferably the original, of all legal process conducted and all compliance with same, especially those documents related to the issue of jurisdiction and identification of suspect(s). 8.10 The transfer of evidence containing Images among law enforcement shall be done in a secure manner. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 13 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 9. Work Environment 9.1 ICAC Equipment shall be reserved for the exclusive use of its Members, and shall be used in accordance with their respective agency's policies. 9.2 When practicable, Equipment which might be used in undercover aspects of an Investigation shall be purchased covertly. 9.3 No personally -owned Equipment shall be used in Investigations. 9.4 Software shall be properly acquired and licensed. 9.5 Investigations shall be conducted in an approved work environment as designated by a Commander or Supervisor. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 14 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 10. Victim Identification 10.1 Identifying child victims of Crime is a critical element of the ICAC Program. DOJ and OJJDP require the Lead Agencies and Affiliates to submit Images to CVIP as a means to improve child victim identification. Absent exigent circumstances, Images shall be sent to CVIP pursuant to NCMEC's standards regarding same. In addition, Lead Agencies and Affiliates are encouraged to collaborate with NCMEC in their effort to identify children depicted in Images. 10.2 Absent exigent circumstances, victim -identifying information shall be protected from public disclosure pursuant to the protections set forth in federal and state law. 10.3 Lead Agencies and Affiliates shall adhere to local, state, and federal laws regarding mandated reporting, victim notification, and victim assistance. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 15 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 11. Public Awareness and Community Outreach 11.1 Public awareness activities and community outreach are a critical component of ICAC. Lead and Affiliate Agencies shall foster awareness and shall provide practical relevant guidance to children, parents, educators, and others concerned with child safety. 11.2 Presentations to school personnel, parents, and community groups are excellent ways to promote awareness. These presentations shall not depict identifiable victims nor shall they use pornographic or sexually explicit images. Presenters shall not discuss confidential Investigative techniques. 11.3 Members shall not endorse any product or service without the express written consent of an OJJDP Program Manager. While making public presentations, Members may indicate a preference for a product or service, but, where done, shall avoid an implicit endorsement and shall include alternatives in the presentation. 11.4 Materials and presentations shall be consistent with ICAC's mission and background, as enumerated in Section 2 of these Standards. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 16 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 12. Media Relations and Media Releases 12.1 Media releases relating to prosecutions, Crime alerts, or other matters concerning ICAC operations shall not include information regarding confidential Investigative techniques, and shall be coordinated, when applicable, with the law enforcement agencies involved with the subject Investigations, in a manner consistent with sound information management and sound media relations practices. 12.2 Commanders and Supervisors may speak to members of the media about their own agency's ICAC -related activities per the terms of their agency's policy on such media relations. No individual affiliated with ICAC may speak on behalf of the national ICAC Program without the express written consent of OJJDP. 12.3 Commanders shall inform their OJJDP Program Manager if approached by national media outlets about the national ICAC Program (as opposed to media seeking information about local activities) so that a coordinated national response can be prepared by OJJDP. 12.4 Information provided by Task Forces to the media shall be consistent with ICAC's mission and background, as described in Section 2 of these Standards. End of ICAC Standards ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: September 12, 2017 Page 17 of 17 mc�x'�% 5i COUNCIL MEETING DATE: FEB 19, 2019ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICE SERVICES AGREEMENT WITH COMMONS MALL POLICY QUESTION: Should the City renew the services agreement with the Commons Mall to provide on-site police services in 2019 and 2020? rhL.r-�- COMMITTEE: PRHS&PSC MEETING DATE: RV 12, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Case Jones, Commander DEPT: PD ................................................................................Y............................................................................................................................................................................................................................................................... _.... ................................................................................ _....... ................. ..... ._..................... Attachments: Staff Report Services agreement for the Commons at Federal Way police services Services agreement exhibits A and B Options Considered: 1. Accept the recommendation to approve the agreement. 2. Reject the recommendation to approve the agreement. MAYOR'S RECOMMENDATION: #1 accept the recommendation to approve the agreement. MAYOR APPROVAL: `,.;/ / Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the 0219-2019 consent agenda for approval. .3 Ll mmittee Chair Committe Member Com I ee Member PROPOSED COUNCIL MOTION: "I move approval of the Services Agreement for The Commons At Federal Way Police Services, effective 01-01-2019 through 12-31-2020 with a total compensation of $328,66658, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 12, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: 2019-2020 Police Services Contract with the Commons Mall Financial Impacts: The revenue to the City for providing police services to the Commons Mall will be $161,825 in 2019 and $166,841.58 in 2020. It will be credited to the PD budget line 001-0000-090- 342-10-001 in monthly installments. Background Information: 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 at the end of each contract. The term of this Services Agreement is for two years, commencing January 1, 2019 and ending December 31, 2020. Rev. 7/18 CITY OF CITY HALL '�... 33325 8th Avenue South • Box 9718 Fe d e ra I Way Federal Way, WA 98063-971818 (253)835-7000 www o"ffederalwaycom 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 MGP XI Commons FW, 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: MGP Xf COMMONS FW, LLC.- 1928 LC: 1928 S. Commons Suite B Federal Way, WA 98003 253-275-6090 com The Parties agree as follows: CITY OF FEDERAL WAY: Andy Hwang, Chief of Police 33325 8a` Ave S Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) com 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 for two years commencing on January 1, 2019. 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 if the 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 Exhibit "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 may 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 entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent SERVICES AGREEMENT - 1 - ` CITY OF CITY HALL '�•... 33325 8th Avenue South • Federal Way Box 9718 Federal Way, WA 98463-971818 (253) 835-7004 www cWffederahvaycan 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. 5.3 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 the Owner with 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 CONTRATOR. 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 work, 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 tax 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 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. 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 Assignment 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 CITY HALL �. 33325 8th Avenue South • Fe d e ra I Way Box 9718 Federal Way, WA 98063-971818 (253) $35-7000 www atyoffederahmycom 9.3 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 full 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 - ` CITY OF CITY 33325 S8th th �.. Avenue South • Federal Way Box 9718 Federal Way, WA 98063-971818 (253)835-7000 www. cttyoffederaMW com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim Ferrell, Mayor DATE MGP XI COMMONS FW, LLC -.- By: Printed Name: DATE: J jjzO 0.4-4 Y o� STATE OF WASHINGTON ) ATTEST: Stephanie Courtney, CMC APPROVED AS TO FORM: J. Ryan Call, City Attorney ASHLEY KAPUR Notary Public State of Washington My Appointment Expires Jul 22, 2020 • ) ss. COUNTY OF this da mAa4rr onally appeared before me C'r'-1,� -SA W v� to me known to be the ofm, G e x t commoris �! , L -Lc- that executed the foregoing instrument, and acknow ged 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 P day of Notary's signature ..- — Notary's printed name ( CITY OF CITY HALL '�.� Federal Way 33325 8th Avenue South • Box 9718 Federal Way, WA 98063-971818 (253) 835-7000 www cityot iederaMW com EXHIBIT "A" SERVICES 1. For the years 2019 and 2020, the City will provide Contract Officers for a total of ten (10) 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 CITY HALL y 33326 8th Avenue South • Box 9718 Federal Wa Federal Way, WA 98063-971818 (253)835-7000 wwwd"ffederaWycom EXHIBIT "B" COMPENSATION For 2019, the total cost of 100 shift -hours per week of the assigned Contract Officers is $323,650. The Owner will pay half of this cost, totaling $161,825 in monthly installments. For 2020, the collective bargaining unit that represents Federal Way police officers, including the contract mall officers, is expected to be working under a new CBA that will likely include cost of living adjustments (COLA). In August of 2018, the COLA for the last 12 months was 3.1 %. Using 3.1 % as an estimate for 2020 makes the total cost of 100 shift -hours per week of the assigned Contract Officers is $333,683.15. The Owner will pay half of this cost, totaling $166,841.58 in monthly installments. SERVICES AGREEMENT - 6 - SUBJECT: PUBLIC SAFETY TESTING (PST) TOTAL COMPENSATION AMENDMENT FROM $37,500.00 TO $47,500.00. POLICY QUESTION: Should the Federal Way Police Department amend the existing subscriber agreement with Public Safety Testing to increase the total compensation from $37,500 to $47,500? WtC•�.h COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: Y*eb 12, 2019 Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police ............................................................................................................................. Attachments: 1. Staff Report 2. Amendment #2 — Request to increase total compensation to $47,500 Options Considered: 1. Approve the execution of this contract amendment 2. Do not approve this amendment ........ ................................................. .. ...................................................... ... ......... ......... .............. MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract amendment MAYOR APPROVAL: ,'civ,Z oY-t -f DIRECTOR APPROVAL:�»� ommittcoullcil Initial/ ate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward contract Amendment #2 of the existing Subscriber Agreement with Public Safety Testing, for the Recruitment and Testing of police candidates, to the .Wabxuapy 19, 2019 Council c.Qnsepf agenda for approval.�� mmittee Chair Committ e Member Com tee Member,' PROPOSED COUNCIL MOTION: "I move approval of `Amendment #2' of the existing Subscriber Agreement with Public Safety Testing, for the recruitment and testing of police candidates, effective January 25,2016 through December 31, 2019, increasing the total compensation to no more than $47,500, and authorize the Mayor to sign said agreement". BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 12, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Public Safety Testing (PST) — Amendment 42 — Total Cost of Compensation Increase Financial Impacts: Amendment #2 is being submitted to request a total cost increase of $10,000. The funding source will come from the existing Federal Way Police Department budget. Background Information: In 2017, FWPD contracted with PST to provide a Lieutenant Assessment Center testing process to establish a list of qualified lieutenant candidates for promotion. The cost for the Assessment Center process was paid for using funds set aside for the Subscriber Agreement. This depleted a large percentage of the available funds. In December 2017, we no longer had sufficient funds to continue paying PST for their services. We submitted a contract Amendment to increase the total cost of compensation from $22,500 to $37,500, which was approved. In December 2018, we initiated the process to contract with PST for another Lieutenant Assessment Center testing process to be conducted in mid -2019, after being informed of anticipated retirements during the 2019 calendar year. Amendment #2 requests the total cost of compensation be increased to $47,500 to cover the 2019 Lieutenant Assessment Center testing process and the remainder of the $7,500 annual recruitment and testing costs for 2019. Amendment #2 will be effective on the date signed through December 31, 2019. The services provided by PST are excellent and no other vendor meets our recruitment and candidate testing requirements. Rev. 7/18 CITY OF ,'�., Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederafway com AMENDMENT NO. #2 TO SUBSCRIBER AGREEMENT FOR POLICE OFFICER RECRUITMENT & TESTING This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City" also "Subscriber"), and Public Safety Testing, Inc., a privately owned Washington corporation or a sole proprietor ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Subscriber Agreement for Police Officer Recruitment and Testing ("Agreement") dated effective January 25, 2016, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced on page one (1) of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, 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 negotiated rate(s). Except as otherwise provided in an attached Exhibit, the Contractor 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. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to 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] AMENDMENT - 1 - 1/2019 'S ,*,� CITY Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: PUBLIC SAFETY TESTING, INC.: an Printed Name: Jon F. Walters Jr. Title: President Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , known by me 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 privately owned corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this, day of Notary's signature Notary's printed name 20 Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 1/2019 CITY OF CITY HALL �, Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaltvay com EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the agreed Services, the City shall pay the Contractor an additional amount not to exceed Ten Thousand and no/100 Dollars ($10,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Forty -Seven Thousand Five Hundred and no/100 Dollars ($47,500.00). 2. Method of Compensation: All related professional fees, noted and described on page one (1) of this agreement, and shall remain unchanged by this amendment. AMENDMENT - 3 - 1/2019 ��- 5k COUNCIL MEETING DATE: Eehrftry 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 HUMAN SERVICES COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2019 Human Services Commission Work Plan? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: 0,/12/2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeffrey Watson, Community Services Manager DEPT: CD Sarah Bridgeford, CDBG/Human Services Commission Background: The Human Services Commission discussed their 2019 Work Plan during their December Commission meeting and voted at their January Commission meeting to forward the proposed 2019 Human Services Commission Work Plan to the Council for approval. Attachments: 2019 Human Services Commission Work Plan Options Considered: 1. Approve the proposed 2019 Human Services Commission Work Plan. 2. Do not approve the proposed 2019 Human Services Commission Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: jf!b/. Initial/Date 1,66/lr DIRECTOR APPROVAL: I/TAIl/ lli COMMITTEE RECOMMENDATION: I move to forward the 2019 Human Services Commission Work Plan to the 19, 2019 onsent agenda for approval. �L ommittee Chair Committee Member Com i tee Member PROPOSED COUNCIL MOTION: "I move approval of the 2019 Human Services Commission Work Plan. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # q � � @ Tl- V� CIO \ [ \ k Q U U U Q U Q U U / ° 5 5 m m 5® 5 5 5 g 7 e g 7 7 2/ b � § / 2 ® ro § 2 § § § E E E § 2 2 t § t ■ co (W® § $ � 3 j ./ / § cz k 7 7 � G \ / ƒ j @ % E CL § 3 / _ � R / . z u f � / / k / IOT o & < • � E r:,� k 4 Tl- HUMAN SERVICES COMMISSION 2019 WORK PROGRAM 1. Amendments to the Citizen Participation Plan The City of Federal Way (City) Citizen Participation Plan (CPP) sets forth the policies and procedures for citizen participation in the process to receive and administer federal funds for the Community Development Block Grant (CDBG) program. The City will be engaging in a planning process for its 2020-2024 Consolidated Plan (Con Plan) and the CPP is an integral part of that process. Additionally, the Assessment of Fair Housing (AFH) has additional requirements for citizen engagement. While the City is not required to complete the AFH at this time, the City finds the principles of citizen engagement to be important and wants to update the CPP accordingly. Proposed changes will be presented and discussed. The Commission will make recommendations to City Council. City Council will then have the opportunity to review and take action on the updated CPP. 2. Agency Visits The Commission engages in site visits of agencies that are serving Federal Way residents, whether the programs are currently funded or not. Agency visits include presentations to the Commission at regular meetings and Commission visits to the agency offices. Agency visits help the Commission develop a deeper understanding of both the services provided by individual agencies and the human services delivery system as a whole. Commissioners prioritize which programs they want to hear from or visit. 3. Consolidated Plan The Consolidated Plan (Con Plan) guides the use of federal CDBG funds for a five-year period. It describes the amount of assistance, priorities, range of activities, and estimated amount that will benefit low- and moderate -income people. The Con Plan developed in 2019 will cover the period of 2020-2024. The Con Plan will include the City's 2020 Annual Action Plan (AAP). The AAP outlines the specific projects and activities to be undertaken for the program year and the amount of funds that will be awarded to those projects. The program year begins January 1 and ends December 31. Staff works with the Commission on five primary areas for developing the Con Plan. These areas are: 1) Data; 2) Strategic Planning; 3) 2020 AAP; 4) Citizen Engagement; and 5) Review and Approval. 2 4. Program Update Commission will review quarterly performance and program updates. Updates will include a snapshot of services provided via the Human Services General Fund grants. 5. 2018 CAPER The Consolidated Annual Performance and Evaluation Report (CAPER) documents performance on the activities and projects undertaken and completed in the previous program year under the CDBG program. The CAPER is completed and submitted to HUD not later than March 31. The Commission will hold a public hearing and make recommendations to City Council at the February meeting. 6. Debrief HSGF-CDBG Public Services Grant Process The Commission will discuss the grant process including the questions included in the Common Application (SharelApp). The Commission may consider adding supplemental questions for the next funding cycle. 7. HSC Bylaws Review HSC Bylaws and amend, if necessary. 8. Review and Update Current Funding Strategies The Commission will work with staff, City Council, and the community to review and change funding strategies. The review process may work in concert with the Con Plan process where community -wide data reviews will occur. The Commission will make recommendations to City Council for consideration and action. 9. Review CDBG Capital Application and Rating Tool The Commission will review the CDBG application and rating tool. Recommended changes will be incorporated. 10. CDBG Capital Application Process The Commission will review all eligible applications. The Commission will make recommendations to City Council for consideration and action as part of the Con Plan approval process, which as noted above includes the 2020 Annual Action Plan. 11. Debrief of CDBG Capital Application Process The Commission will discuss the grant process and identify any potential questions or areas to be changed in future cycles. 3 51 COUNCIL MEETING DATE: March 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 ASPHALT OVERLAY PROJECT BID AWARD POLICY QUESTION: Should the Council award the 2019 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh Street Systems Engineer may�// DEPT: Public Works ................... .............. ._...................................... ............................................... .......-............._............................................._..............._......................_.............x i..k1................................................................................._................................................._...................................,........................_....._.............................._............................ I Attachments: �$$Vse and Tramp rtat'on C mmittee memorandum dated March 4, 2019. Options Considered: 1. Award all schedules for the 2019 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $1,428,229.40 and approve a 2% contingency of $28,038 for a total of $1,456,267 and authorizes the Mayor to execute the contract. 2. Reject all bids for the 2019 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. ............. ..........._._............. ..._.._.._..........................................__............................................. ....................._............................. ....................... ............................... ..................... .._................................... ................................................. ............... ......._._............ .............................................................. . MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 19, 2019 City Council Consent Agenda for approval. MAYOR APPROVAL: 7 Z 7 f, DIRECTOR APPROVAL: Co ttee oucil I gal/Date n Initial/Date Initial/Date COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the March 19, 2019 City Council consent agenda for approval. Mark Kop a g, Committee se Johnson, Committee Hoang T n, Committ ember Chair Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award all schedules of the 2019 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $1,428,229 and approve a 2% contingency of $28, 038 for a total of $1,456,267 and authorizes the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED -12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM•' EJ Walsh, P.E., Public Works Director 1st Ave S (S 361st PI to S 356th St) Jeff Huynh, Street Systems Engineer.( SUBJECT: 2019 Asphalt Overlay Project - Bid Award FINANCIAL IMPACTS: The cost to the City for the 2019 Asphalt Overlay Project was included within the approved budget under the Public Works Department, 102-4400-517-595-30-635. In accordance with the approved budget, this item is funded by Fuel Tax and Real Estate Excise Tax. Upon completion of the 2019 Asphalt Overlay Project, no other ongoing costs are anticipated. BACKGROUND' Four bids were received and opened on February 25, 2019 for the 2019 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Miles Resources, LLC, with a total bid of $1,428,229.40. AVAILABLE FUNDING: The available budget for the 2019 Asphalt Overlay Project is $1,680,267 and is comprised of the following: • 2019 Overlay Budget • 2019 Structures Budget TOTAL PROGRAM FUNDING A VAILABLE: $ 1,514,000 $ 166.267 $1,680,267 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE DESCRIPTION AMOUNT Al 1stAve S (S 363rd PI to S 361st PI) $ 213,623 A2 1st Ave S (S 361st PI to S 356th St) $ 274,912 B S 336th St (10th PI S to 18th Ave S) $ 431,860 C 1st Ave S (SW 312th St to SW 301st St) $ 507,834 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $1,428,229 Construction Contingency (2%) $ 28,038 Pavement Management System $ 70,000 In-house Design and Construction Administration $ 150,000 Printing and Advertising $ 4,000 ESTIMATED TOTAL PROGRAM COST: $1,680,267 Staff recommends awarding all schedules of the 2019 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $1,428,229 and approve a 2% contingency of $28,038 for a total of $1,456,267 and authorize the Mayor to execute the contract. k\lutc\2019\03-04-19 2019 Asphalt Overlay Project Bid Awarddoc v000000000000�000000000lnom 10 0 0 0 0 0 0 10 0 0 0 0 0 (O O O O O O O O O O N O O 000000000000000000000000000000 X 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O� 0 0 0 0 0 0 N C 0100_ O M O O100 0 0 0 0 010OC O O O O(DOOIO OON O O O O O O O O O O O O O O O O O W � O_ M OMC u'J O O ID W O C O a0 C 01 N C I - CD O D7 O O O O Cl 10 O N O V O) fA C 0 0 O) (0 0 0 O M m R Il O M @ O) N M fn w (0 N M f» M (D (D � M M y � _ _ C S N 10 _ O I� C M 10 M y� w I� C I� C 1('1 r C �» 10 64 44 N_ N_ O) (D N fA fA ER di (D (A fA b9 69 fA M N EA fA N N 69 EA fA N fA b9 EA !� fA fA fA M fA M f9 EA � fA fA b9 fA EA E9 fH N � fA fA IA fA EA fA fA 69 fA d d.. d @ C E F :. 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SC U m0 T N E d eo cob m m e m o m m m0 r O Ec oa m o =6nxaaxxxQUvv02oxaaaaaaw d d� mrn rmmUc7 o 0 ll cOm0 N NMaO(On6000 N N N N N N N N N M NM<OW M M M fh M M c0 M M 5m SUBJECT: NPDES ANNUAL REPORT AND STORMWATER MANAGEMENT PROGRAM UPDATE POLICY QUESTION: Should Council approve the 2019 Annual Report and Stormwater Management Program (SWMP) documents for submittal to the Department of Ecology as required by the Western Washington (NPDES) Phase II Municipal Stormwater Permit? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Leah Myhre, Water Quality Program Coordinator � DEPT: Public Works ...............................................y.................................................. �'.................�..................................................................................................................................................................................................................................................................... Attachments: Land Use annd� Transportatio emora dura dated March 4, 2019 �U�Q vCLi4�1ne� Options Considered; 1. Approve the 2019 Annual Report and SWMP documents and authorize the Mayor to submit documents to the Department of Ecology by March 31St to satisfy the City's NPDES Permit obligations. 2. Do not approve the 2019 Annual Report and SWMP documents and provide direction to staff. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: Initial/Date ?IRECTOR APPROVAL: z/'Z 1 J ► °l COMMITTEE RECOMMENDATION: I move to forward Option I to the March 19, 2019 City Council consent agenda for approval. PROPOSED COUNCIL MOTION: "I move to authorize submittal of the 2019 NPDES Annual Report and SWMP to the Department of Ecology by March 31, 2019 to satisfy the City's NPDES Permit obligations. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director �'Ll FROM: Leah Myhre, Water Quality Program Coordinator lJM SUBJECT: NPDES Annual Report and Stormwater Management Program Update FINANCIAL IMPACTS: Submittal of the National Pollutant Discharge Elimination System (NPDES) Annual Report and Stormwater Management Program (SWMP) Update is required by the city's NPDES Phase II Municipal Stormwater Permit and will have no direct financial impacts. BACKGROUND: The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates stormwater and wastewater discharges to waters of the United States, pursuant to the Clean Water Act. The EPA may grant permitting authority to states and in Washington that regulatory authority resides with the Washington State Department of Ecology (DOE). The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by DOE on August 1, 2012 and went into effect on August 1, 2013. The Permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP) that addresses and directs the following six Permit -required activities: 1) Public Education and Outreach 2) Public Involvement 3) Illicit Discharge Detection and Elimination 4) Construction Site Run -Off 5) Operations and Maintenance of Post -Construction Stormwater Facilities, and 6) Monitoring In addition to the SWMP, the Permit also requires the City to submit an Annual Report intended to update DOE on the status of the City's compliance with the NPDES Phase II Municipal Stormwater Permit. Annual Reports must be submitted to DOE on or before March 31 of each year. Since the effective date of this Permit, City staff has been working with DOE and several regional forums to determine how to best meet Permit requirements. City staff prepared the following documents (attached) to meet the 2019 Annual Report and SWMP update requirements specified in the Permit: 2019 Annual Report Stormwater Management Program (SWMP) Update 2019 NPDES Annual Report City of Federal Way 2019 Annual Report Questions for the Western Washington Phase II Municipal Stormwater Permit The Western Washington Phase II Municipal Stormwater permit (NPDES permit) requires all Permittees to submit annual reports describing the progress of their permit implementation activities. Annual reports cover the previous calendar year's activities, unless otherwise specified, and must be signed by the responsible official and submitted to Ecology by March 31 each year. The Annual Report consists of 67 questions and requires the preparation of several supporting documents. The Annual Report must be submitted online through Ecology's WQWebPortal service. Number Permit Y or N Question Section Attach updated annual Stormwater 1 S5.A.2 Attachment 1 Management Program Plan (SWMP Plan). Attach a copy of any annexations, incorporations or boundary changes resulting in an increase or 2 S9.D.5 N/A decrease in the Permittee's geographic area of permit coverage during the reporting period per S9.D.5. Implemented an ongoing program to gather, track, and maintain information per S5.A.3, 3 S5.A.3 Y including costs or estimated costs of implementing the SWMP. Coordinated among departments within the 4 S5.A.5.b Y jurisdiction to eliminate barriers to permit compliance. Attach a written description of internal 4b S5.A.5.b N/A coordination mechanisms. (Required to be submitted no later than March 31, 2015) S5.C.1.a.i Attach description of public education and 5 and ii Attachment 2 outreach efforts conducted per S5.C.1.a.i and ii. Created stewardship opportunities (or partnered 6 S5.C.1.b Y with others) to encourage resident participation in activities such as those described in S5.C.1.b. Used results of measuring the understanding and adoption of targeted behaviors among at least one audience in at least one subject area to 7 S5.C.1.b Y direct education and outreach resources and evaluate changes in adoption of targeted behaviors. Attach description of how this requirement was 7b S5.C.1.b Attachment 3 met. 2019 NPDES Annual Report City of Federal Way Opportunities for public Describe the opportunities created for the public participation and comment to participate in the decision making processes involving the Stormwater involving the development, implementation and Management Program updates of the Permittee's SWMP. (S5.C.2.a) (SWMP) are available at the 8 S5.C.2.a Land Use and Transportation Committee and City Council meetings when the SWMP and Annual Report are reviewed. Comments are also encouraged on the City website. Posted the updated SWMP Plan and latest 9 S5.C.2.b Y annual report on your website no later than May 31. https://www.cityoffederalway List the website address. .com/sites/default/files/Docu 9b S5.C.2.b ments/Department/PW/Surfa ce%20Water/combined%20at tachments%20for%20website. pdf S5.C.3.a.i - Maintained a map of the MS4 including the 10 vi Y requirements listed in S5.C.3.a.i.-vi. Implemented a compliance strategy, including informal compliance actions as well as 11 S5.C.3.b.v Y enforcement provisions of the regulatory mechanism described in S5.C.3.b. Updated, if necessary, the regulatory 12 S5.C.3.b.vi N/A mechanism to effectively prohibit illicit discharges into the MS4 per S5.C.3.b.vi. (Required no later than February 2, 2018) 12b S5.C.3.b.vi N/A If Yes, cite the code reference. Implemented procedures for conducting illicit 13 S5.C.3.c.i Y discharge investigations in accordance with S5.C.3.c.i. The City utilizes the Federal Cite methodology. Way Illicit Discharge Detection and Elimination Field Procedures and Response Plan which references the 13b S5.C.3.c.i following two guidance documents: Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments, Center for Watershed Protection, and '2019 NPDES Annual Report City of Federal Way the Illicit Connection and Illicit Discharge Field Screening and Source Tracing Guidance Manual, King County, Herrera. Percentage of MS4 coverage area screened in reporting year per S5.C.3.c.i. (Required to screen 14 S5.C.3.c.i 52% 40% of MS4 no later than December 31, 2017 and 12% on average each year thereafter. List the hotline telephone number for public 15 S5.C.3.c.ii (253) 835-2700 reporting of spills and other illicit discharges. 15b S5.C.3.c.ii 27 Number of hotline calls received. Implemented an ongoing illicit discharge training 16 S5.C.3.c.iii Y program for all municipal field staff per S5.C.3.c.iii. Informed public employees, businesses, and the 17 55.C.3.c.iv Y general public of hazards associated with illicit discharges and improper disposal of waste. SWM utilizes its Public Describe these actions. Education and Outreach Program to inform staff, residents, and businesses about hazards associated with 17b S5.C.3.c.iv illicit discharges. Examples of outreach methods used include: newsletters, staff training, public workshops, business inspections, mailings, and participation in regional campaigns. Implemented an ongoing program to 18 S5.C.3.d Y characterize, trace, and eliminate illicit discharges into the MS4 per S5.C.3.d. Number of illicit discharges, including illicit 19 S5.C.3.d.iv 96 connections, eliminated during the reporting year. Attach a summary of actions taken to characterize, trace and eliminate each illicit discharge found by or reported to the permittee. 20 S5.C.3.d.iv Attachment 4 For each illicit discharge, include a description of actions according to required timeline per S5.C.3.d.iv. Municipal illicit discharge detection staff are 21 S5.C.3.e Y trained to conduct illicit discharge detection and elimination activities as described in S5.C.3.e. 2019 NPDES Annual Report City of Federal Way Implemented an ordinance or other enforceable mechanism to address runoff from new 22 S5.C.4.a Y development, redevelopment and construction sites per the requirements of S5.C.4.a. Revised ordinance or other enforceable mechanism to effectively address runoff from 23 S5.C.4.a.i- NSA new development, redevelopment and construction sites per the requirements of S5.C.4.a.i-iii. (Required no later than December 31, 2016) Section 16.20.010 of the King Cite code reference. 23b S5.C.4.a.i- County Surface Water Design iii Manual and Section 16.25 of the Federal Way Revised Code Number of exceptions granted to the minimum 24 S5.C.4.a.i 0 requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) Number of variances granted to the minimum 25 S5.C.4.a.i 0 requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) Reviewed Stormwater Site Plans for all proposed 26 S5.C.4.b.i Y development activities that meet the thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.i) Number of site plans reviewed during the 26b S5.C.4.b.i 124 reporting period. Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined through plan review based on definitions and 27 S5.C.4.b.ii Y requirements in Appendix 7 Determining Construction Site Sediment Damage Potential, or alternatively, inspected all construction sites meeting the minimum thresholds adopted pursuant to S5.C.4.a.i. Number of construction sites inspected per 27b S5.C.4.b.ii 24 S5.C.4.b.ii. Inspected permitted development sites during construction to verify proper installation and 28 55.C.4.b.iii Y maintenance of required erosion and sediment controls. Number of construction sites inspected per 28b S5.C.4.b.iii 24 S5.C.4.b.iii. Number of enforcement actions taken during S5.C.4.b.ii, the reporting period (based on construction 29 iii and v 21 phase inspections at new development and redevelopment projects). 2019 NPDES Annual Report City of Federal Way Inspected all permitted development sites that meet the thresholds in S5.C.4.a.i upon 30 S5.C.4.b.iv Y completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. S5.C.4.b.ii- Achieved at least 80% of scheduled 31 iv Y construction -related inspections. Verified a maintenance plan is completed and 32 S5.C.4.b.iv Y responsibility for maintenance is assigned for projects. Implemented provisions to verify adequate long- term operation and maintenance (0&M) of 33 S5.C.4.c Y stormwater treatment and flow control BMPs/facilities that are permitted and constructed pursuant to SS.C.4. a and b. Updated provisions to verify long-term operation and maintenance of stormwater 34 S Y treatment and flow control BMPs/facilities that and ii a and are permitted pursuant to S5.C.4.a and b. (Required no later than December 31, 2016) Annually inspected stormwater treatment and 35 S5.C.4.c.iii Y flow control BMPs/facilities per S5.C.4.c.iii. If using reduced inspection frequency for the 35b S5.C.4.c.iii N/A first time during this permit cycle, attach documentation per S5.C.4.c.iii. Inspected new residential stormwater treatment and flow control BMPs/facilities and catch basins 36 S5.C.4.c.iv Y every 6 months per S5.C.4.c.iv to identify maintenance needs and enforce compliance with maintenance standards. Achieved at least 80% of scheduled inspections 37 S5.C.4.c.v Y to verify adequate long-term 0&M. Verified that maintenance was performed per the schedule in S5.C.4.c.vi when an inspection 38 S4.C.4.c.vi Y identified an exceedance of the maintenance standard. Attach documentation of any maintenance 38b S5.C.4.c.vi N/A delays. Provided copies of the Notice of Intent for Construction Activity and Notice of Intent for 39 S5.C.4.d Y Industrial Activity to representatives of proposed new development and redevelopment. 2019 NPDES Annual Report City of Federal Way All staff responsible for implementing the program to control stormwater runoff from new development, redevelopment, and construction 40 S5.C.4.e Y sites, including permitting, plan review, construction site inspections, and enforcement are trained to conduct these activities. Reviewed, revised and made effective the low 41 S5.C.4.f.i N/A impact development -related enforceable documents per S5.C.4.f.i. (Required by December 31, 2016) Attach a summary of the LID review and revision 41b 55.C.4.f.ii N/A process that includes the requirements listed in S5.C.4.f.ii. (Required with annual report due no later than March 31, 2017) Participated and cooperated with the 42 S5.C.4.g N/A watershed -scale stormwater planning process led by a Phase I county. Updated and implemented maintenance standards as protective, or more protective, of facility function as those specified in Chapter 4 43 S5.C.5.a Y of Volume V of the Stormwater Management Manual for Western Washington (as amended 2014). (Required no later than December 31, 2016) Applied a maintenance standard that is not 44 S5.C.5.a N specified in the Stormwater Management Manual for Western Washington. Please note what kinds of facilities are covered 44b S5.C.5.a N/A by this alternative maintenance standard. 45 S5.C.5.a.ii Y Performed timely maintenance per S5.C.5.a.ii. Annually inspected all municipally owned or 46 S5.C.5.b Y operated permanent stormwater treatment and flow control BMPs/facilities. Number of known municipally owned or 46b S5.C.5.b 496 operated stormwater treatment and flow control BMPs/facilities. Number of facilities inspected during the 46c S5.C.5.b 231 reporting period. Number of facilities for which maintenance was 46d S5.C.5.b 320 performed during the reporting period. If using reduced inspection frequency for the 47 S5.C.5.b N/A first time during this permit cycle, attach documentation per S5.C.5.b. Conducted spot checks and inspections (if 48 S5.C.5.c Y necessary) of potentially damaged stormwater facilities after major storms as per S5.C.5.c. 2019 NPDES Annual Report City of Federal Way Inspected all municipally owned or operated catch basins and inlets as per S5.C.5.d, or used 49 55.C.5.d Y an alternative approach. (Required once no later than August 1, 2017 and every two years thereafter) 49b S5.C.5.d 121570 Number of known catch basins. Number of catch basins inspected during the 49c S5.C.5.d 6,522 reporting period. Number of catch basins cleaned during the 49d S5.C.5.d 2,339 reporting period. S5.C.5.d.i- Attach documentation of alternative catch basin 50 ii Attachment 5 cleaning approach, if used. (55.C.5.d.i or ii) Implemented practices, policies and procedures to reduce stormwater impacts associated with 51 S5.C.5.f Y runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. Implemented an ongoing training program for Permittee employees whose primary 52 S5.C.5.g Y construction, operations or maintenance job functions may impact stormwater quality. Implemented a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas 53 S5.C.5.h Y subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. Complied with the Total Maximum Daily Load 54 S7.A N/A (TMDL)-specific requirements identified in Appendix 2. For TMDLs listed in Appendix 2: Attach a summary of relevant SWMP and Appendix 2 55 S7.A N/A activities to address the applicable TMDL parameter(s). Attach a description of any stormwater 56 S&A N/A monitoring or stormwater-related studies as described in S&A. Participated in cost-sharing for the regional 57 S8.B.1 Y stormwater monitoring program (RSMP) for status and trends monitoring. If choosing to conduct monitoring in accordance 57b 58.6.2 N/A with S8.13.2, attach a data report in accordance with the approved QAPP. 2019 NPDES Annual Report City of Federal Way Participated in cost-sharing for the regional 58 S8.C.1 Y stormwater monitoring program (RSMP) for effectiveness studies. If choosing to conduct discharge monitoring, 58b S8.C.2 N/A attach an annual stormwater monitoring report in accordance with S8.C.2 and Appendix 9. Contributed to the RSMP for source 59 S8.D.1 Y identification and diagnostic monitoring information repository in accordance with S8.D. Notified Ecology in accordance with G3 of any discharge into or from the Permittee's MS4 60 G3 Y which could constitute a threat to human health, welfare or the environment. 61 G3 2 Number of G3 notifications provided to Ecology. Took appropriate action to correct or minimize 62 G3.A Y the threat to human health, welfare, and/or the environment per G3.A. Notified Ecology within 30 days of becoming aware that a discharge from the Permittee's 63 S4. F.1 Y MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. If requested, submitted an Adaptive 64 S4.F.3.a N/A Management Response report in accordance with S4.F.3.a. Attach a summary of the status of implementation of any actions taken pursuant 65 S4.F.3.d N/A to S4.F.3 and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. Notified Ecology of the failure to comply with 66 G20 N/A the permit terms and conditions within 30 days of becoming aware of the non-compliance. Number of non-compliance notifications (1320) 67 G20 0 provided in reporting year. 67b G20 N/A List permit conditions described in non- compliance notification(s). 2019 NPDES Annual Report - Attachment 1 City of Federal Way Attachment 1- Stormwater Management Program Update Introduction The National Pollutant Discharge Elimination System (NPDES) Permit Program is a requirement of the Federal Clean Water Act intended to protect and restore waters for "fishable and swimmable" uses. The Federal Environmental Protection Agency delegated permitting authority to state environmental agencies. In Washington, the NPDES-delegated authority is the Washington State Department of Ecology (Ecology). Since the City of Federal Way (City) operates a small municipal separate storm sewer system (MS4) that serves less than 100,000 people, it is designated as a "Phase II" community and must comply with Ecology's Western Washington Phase II NPDES Municipal Stormwater Permit (Permit). The first Permit was issued to the City in 2007 and the current Permit was re -issued in 2012. A new Permit was to be issued July 2018, however, Ecology extended the terms of the current Permit and it will continue to stay in effect through July 2019. The Permit allows municipalities to discharge stormwater runoff from the MS4 into the State's water bodies (e.g., streams, rivers, lakes, wetlands, Puget Sound, etc.) as long as municipalities implement measures to protect water quality to the "maximum extent practicable" through the application of best management practices. These required practices, specified in the Permit, are implemented through the City's Stormwater Management Plan (SWMP). Permit section S5.2.A requires that the City detail "activities for the upcoming calendar year" in order to meet Permit requirements. These activities are documented within the SWMP and organized according to the following program components as outlined in the Permit: • Public Education and Outreach (S5.C.1) • Public Involvement and Participation (S5.C.2) • Illicit Discharge Detection and Elimination (S5.C.3) • Control of Runoff from New Development, Redevelopment, and Construction Sites (S5.C.4) • Pollution Prevention and Municipal Operations and Maintenance (S5.C.5) • Monitoring (S8) The goal of the SWMP is to apply all known and reasonable technologies (AKART) to reduce the discharge of pollutants into area receiving waters, protect surface waters from water quality degradation, and conserve aquatic ecosystems. 2019 NPDES Annual Report - Attachment 1 Public Education and Outreach City of Federal Way The Surface Water Management Division (SWM) provides ongoing public education and outreach designed to reduce and eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. Staff utilizes a variety of approaches to inform targeted audiences about stormwater issues and provides specific actions people can follow to minimize stormwater pollution. S5.C.1.a.i and ii Targeted Stormwater Outreach A summary of educational activities scheduled for 2019 is provided as follows: • Continue to make improvements to the Storming the Sound with Salmon (SSS) Program. In 2016, SWM determined the culminating release event was not providing a learning opportunity for high school aged students. In 2016, 2017, and 2018, SWM worked with the Federal Way Public Schools to implement various options for the final phase of the SSS program at the high school level. Evaluation of these options provided insight and direction for planning a more relevant experience for high school students in the 2018/2019 school year. In 2019, SWM will work on developing a meaningful, age-appropriate experience for high school students that will include a capstone project within environmental sciences courses. This will help connect students to career opportunities in the environmental field and involve them in an authentic research experience. The capstone project will include water quality sampling, monitoring, and testing in a waterway local to their school and proposing an action project based on the data collected. • Continue to sponsor the salmon release event in the spring for the SSS program and make meaningful changes to the program's implementation. Each year, students participate in a daylong field trip to release their Salmon into the West Hylebos Creek and participate in water and ecological related presentations and activities led by staff and several volunteer environmental organizations. Past events spanned four days and were open to classes in grades K-6. This year the event will span five days, and will become a grade level experience for all fourth graders. • Develop an Interlocal Agreement (ILA) with the City of Federal Way Public Schools to standardize SSS implementation for all schools that participate. The ILA will also provide clearly defined areas of responsibility for the City and for the School District and provide a framework for program sustainability. • Continue to partner with the Environmental Coalition of South Seattle (ECOSS) to provide stormwater education and free spill kits to businesses in the automotive and restaurant industries. ECOSS provides stormwater inspection support, customized spill plans, and spill response training for managers and employees. In previous years, ECOSS was funded by a regional grant to provide this outreach effort to twenty area businesses, particularly to businesses that had multi-lingual employees. Although grant funding is no longer available, SWM intends to continue this program, targeting outreach to businesses with activities that are prone to spills, such as restaurants and automotive support services. • Continue to produce newsletters and other publications that address a variety of topics on pollution prevention and general awareness of stormwater related issues. In August 2018, SWM switched to a shared monthly e -newsletter with the City's Solid Waste Division. This has enabled 2019 NPDES Annual Report - Attachment 1 City of Federal Way SWM to reach a wider audience, and to provide more time -sensitive information related to upcoming events and Permit -related issues. • Continue to sponsor stormwater and environmental related workshops. Since 2017 the City has partnered with a locally -owned fresh food marketplace to host the City's Green Living Workshop Program in an effort to increase awareness of this program. Due to the substantive increase in participation, SWM will continue to partner with Solid Waste to sponsor free classes to the public on topics such as green cleaning, natural lawn care, water conservation, rain gardens, and the use of rain barrels. • As a result of local organizations increasing their use of charity car wash ticket programs run through the Pacific Northwest Car Wash Association and Brown Bear Car Wash, the City reduced the number of fish friendly car wash kits available to the public in 2018. These kits are designed to divert wash water to the sanitary sewer system and are loaned out by the City for charity car washes at no cost. Due to more organizations using external charity car wash ticket programs, only 6 kits were checked out in 2018—less than in previous years. In 2019, SWM will continue to encourage the use of charity car wash ticket programs and will reduce the number of car wash kits available for check out to two. • Continue to provide educational markers for installation near catch basins that drain to the MS4. The markers inform the public that the drains discharge to local waterways. Continue to run the Scoop the Poop Campaign. In 2018, the City focused on audience and behavior research, identification of motivators and barriers to pickingf up pet waste, and the adoption of specific strategies to address the identified motivators/barriers using focus groups, door-to-door surveys, and a pre -survey mailer to the targeted area, tabling at community events, and a "Scoop the Poop Pledge." In 2019, staff will focus on outreach to enlist the help of local pet -related businesses to disseminate the message. Outreach will also include a press release, social media posts, and a pet waste specific page on the Surface Water website. Water quality staff will also conduct monthly fecal testing within the watershed to determine trends in water quality data. i • Continue to partner with Solid Waste staff to initiate Social Media Marketing efforts in 2019, which consists of a Public Works Facebook page and a monthly Constant Contact e -newsletter. SWM will use the page to reach a broader segment of the City's residents, and to advertise events, promote programs, and post related news and events from other sources to increase awareness of stormwater issues. • In 2018, SWM staff planned to begin transcreating the most frequently used education and outreach materials, as well as BMP fact sheets most frequently used for water quality correction notices for area businesses. Staff worked with volunteers to adapt the general SWM informational brochure into Korean, and procured large restaurant BMP posters in Spanish. In 2019, staff will continue to expand the number of education and outreach materials offered in languages besides English. SWM participated in a regional outreach campaign which created a set of three PSA's focused on pet waste pickup, fixing car leaks, and natural yard care. The ads aired in English on multiple networks throughout the Puget Sound region, including Federal 2019 NPDES Annual Report - Attachment 1 City of Federal Way Way, and copies of the ads were made available to municipalities in English, Spanish, Korean, and Vietnamese. In 2019, copies of the ads in all languages will be posted on the City's YouTube page, shared through social media, including Constant Contact and Facebook, and the Korean language ads will be shared at a Korean quarterly meeting. S5.C.I.b Creating Stewardship Opportunities • In 2018, SWM staff researched best practices and methodologies for building a Stream Team or Stream Stewards Program. In 2019, SWM Staff will develop a plan for re -implementation of a Stream Team program and research the viability of an Adopt -a -Drain program. • Continue to host volunteer events that encourage public participation in stewardship activities. Activities may include storm drain marking, removing invasive plants species, planting native vegetation, and removing garbage and debris from local waterbodies. S5.C.I.c Measuring Outreach Effectiveness • In 2019, SWM will continue to support the regional efforts of the Don't Drip and Drive campaign by promoting the campaign on social media, recruiting automotive businesses to participate, and serving on the Don't Drip and Drive Steering Committee. Public Involvement & Participation The City encourages the public and interested parties to participate in the decision-making process involving the development and implementation of NPDES Permit related activities and programs. S5.C.2.a and S5.C.2.b Involving the Public in the SWMP Opportunities for public participation in the development of the SWMP include the following: • January 16, 2019: Public Input Meeting on the City's Storm Water Management Program (SWMP) Plan and SWM Comprehensive Plan Update; • March 4, 2019: Land Use and Transportation Committee meeting; • March 19, 2019: City Council meeting. The Council reviews the programmatic and policy changes proposed under the SWMP and allows public comment on all agenda items. • The City's Surface Water Management webpage displays the updated SWMP and the Annual Report. Opportunity for public comment and participation is made possible via e-mail year round. 2019 NPDES Annual Report - Attachment 1 City of Federal Way Illicit Discharge Detection & Elimination Federal Way maintains a robust Illicit Discharge Detection & Elimination (IDDE) Program designed to prevent, detect, characterize, trace, and eliminate illicit connections and illicit discharges into the MS4. S5.C.3.a Municipal Stormwater Drainage System Map In 2018, SWM performed routine updates to the MS4 mapping and also concentrated on an update to the identification and mapping of the City's outfalls within the MS4. In 2019, SWM Staff will continue routine updates that result from: the City's Video Inspection Program, completed new development or redevelopment as-builts, and field verifications from utility locates. Additionally, SWM Staff will evaluate sub -watershed basin boundaries for possible adjustment and mapping updates. S5.C.3.b Water Pollution Prevention Ordinance City Ordinance 09-619 prohibits non-stormwater discharges into the City's MS4. Examples of illicit discharges include trash, food wastes, construction materials, petroleum products, paint, pesticides, fertilizers, soap, and wash water. The SWM Water Quality Section implements escalating enforcement procedures and actions pursuant to those outlined in Chapter 1.15 Federal Way Revised Code (FWRC). In 2018, enforcement procedures were reviewed and updated to achieve more efficient compliance and legally enforce monetary penalties for those violators that continually fail to comply. In 2019, SWM staff will incorporate the updated IDDE Field Procedures and Response Plan into its ongoing IDDE program. S5.C.3.c Ongoing IDDE Program to Detect Non-stormwater Discharges and Illicit Connections & SS.C.3.d Implement an Ongoing Program Designed to Address Illicit Discharges The City met the Permit requirement for screening 40 percent of the City's stormwater system for illicit connections through recurring source control inspections, video inspections, and stormwater facility inspections. This program is ongoing, and in 2019 SWM staff will: • Continue to inspect private commercial stormwater systems that discharge into the City's MS4 to ensure maintenance complies with standards outlined in the Permit. SWM Staff incorporates an education and outreach program into the commercial site inspection program. This component provides advance notice and site specific information of stormwater systems to property owners and their representatives. In addition, the outreach program provides information on BMPs targeted to each site's commercial activities and land use. In 2019, SWM staff will be placing a special emphasis on source control best practices. Staff will work to incorporate more feedback mechanisms from property owners and managers to ensure outreach methods and materials are accessible and effective, and will use the collected data to update outreach efforts for commercial sites. • Analyze data collected during the 2013-18 Commercial Site Inspection program to prioritize sites for future inspection. The data includes land use, compliance history, and pollution risks associated with each site. 0 Continue to utilize the IDDE database created in 2017 for staff use. The database increases 2019 NPDES Annual Report - Attachment 1 City of Federal Way efficiencies in reporting and recording spills and respective response actions. The database was created in 2017 and was updated in 2018 to allow for geographic and trend assessments. A spill analysis of the 2013-18 Permit cycle was conducted to evaluate hot spots in the City for illicit discharges, further broken down by type of discharge, drainage basin, and year. The results of this analysis will be used in 2019 to assist staff in identifying seasonal and/or geographic trends in repeated water quality violations. SWM Staff will utilize this analysis to target outreach and technical assistance in an effort to reduce common illicit discharges. • Utilize the updated IDDE Field Procedures and Response Plan for all incoming employees to provide an introduction to the program and orient them with City procedures for investigating, identifying, enforcing, and eliminating illicit discharges and illicit connections. S5. C. 3.e IDDE Staff Training SWM staff will continue to provide annual training to all City of Federal Way field staff and police personnel in the identification of illicit discharges and notification to appropriate authorities. Additionally, all maintenance personnel, SWM Water Quality staff, and SWM Inspectors are trained annually in spill response and first responder hazard awareness. SWM staff will continue to review field procedures for identifying, tracing, reporting, and documenting all reported illicit discharges. S5.C.3.e Program Recordkeeping In addition to the IDDE database created in 2017, SWM staff utilize a public works maintenance management software system, VUEWorks, to track and record all reported water quality violations and associated documents, including: photographs, site maps, correspondence, legal actions, and final resolution. Commercial site inspections are tracked through a Microsoft Excel spreadsheet and active construction sites are tracked through the City's permitting system. In 2019, Public Works Inspectors will initiate tracking of interim TESC inspections of active construction sites within VUEWorks. Controlling Runoff from Construction Sites Construction site run-off is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue, the City adopted the current King County Stormwater Design Manual and the City of Federal Way Addendum in 2016. Changes were made to development -related standards in 2016 to make Low Impact Development (LID) the preferred and commonly used approach in site development. S5.C.4.a Apply Stormwater Management Standards to Development, Redevelopment, and Construction Sites Federal Way Public Works Development Standards, codified under FWRC 19.135.130, and the King County Stormwater Design Manual, as amended and adopted under City Ordinance 16-828, includes minimum requirements for stormwater design and construction for the protection of water quality and the reduction of pollutant discharge. 2019 NPDES Annual Report - Attachment 1 City of Federal Way SS.C.4.b Review and Inspect Development/Redevelopment Projects In 2019, Public Works Development Services will continue to implement the City's permitting process including civil/site plan review and approval for compliance with City of Federal Way standards. Public projects in the right-of-way that trigger local permits will be reviewed by internal stormwater engineers. During construction, Public Works staff will continue to conduct weekly site inspections to ensure implementation of proper temporary erosion and sediment control (TESC) BMPs. City inspectors have the authority to enforce TESC standards for both private and public projects in order to reduce pollutants in stormwater runoff to the MS4 from new development, redevelopment, and construction site activities. In 2019, the City will be updating the Development Standards, which will include a review of planned LID criteria. This review is part of the City's effort to require LID principles and LID BMPs to make it the preferred and commonly used approach to site development. S5.C.4.c Post Construction Operation and Maintenance The City has an ongoing program to verify that long-term operation and maintenance (O&M) of post construction stormwater facilities and BMPs is implemented. The City requirements for maintenance standards are identified under the 2016 King County Stormwater Design Manual Appendix A, Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. In 2019, Public Works staff will continue post construction inspections prior to release of warranty bonds. In addition, SWM staff will review post construction inspection procedures in conjunction with the Development Standards update. S5.C.4.d Notice of Intent (NOI) The City includes notification of the requirement to meet NOI in the pre -application comments, during the review for land use, and during plan review for building permit phases depending on the project. The development services project manager makes periodic inquiries to the on-line permit to verify compliance. S5.C.4.e Staff Training Plan reviewers are managed by a professional licensed engineer and all City staff responsible for approval and/or inspection of new development, redevelopment, or construction are certified in Construction Erosion and Sediment Control Lead (CESCL). City inspectors are also sent through the Washington Department of Transportation Local Technical Assistance Program (LTAP) for construction inspection and documentation training. SS.C.4. f Low Impact Development Code -related Requirements In 2016, the City completed this requirement to review and where necessary revise enforceable documents to make LID the preferred and commonly used approach to development. The City continues to utilize Public Works Development Standards, which function as the City's enforceable document related to local development, and was updated in 2016 and again in 2017. In 2019, the Public Works Development Standards will be updated and SWM staff will review and propose any necessary revisions for continued permit compliance. 2019 NPDES Annual Report - Attachment 1 S5.C.4.g Watershed -scale Stormwater Planning City of Federal Way Not applicable. The City of Federal Way does not have coverage area in a watershed selected by a Phase I county for watershed -scale stormwater planning under condition S5.C.5.c of the Phase 1 Municipal Stormwater Permit. 2019 NPDES Annual Report - Attachment 1 Pollution Prevention, Operations & Maintenance SWM has an ongoing program to reduce stormwater impacts associated with maintenance and operations of City streets, facilities, and properties. The program applies to drainage infrastructure, which includes catch basins, pipes, open channels, as well as residential and regional retention/detention facilities. 5.C.5.a Maintenance Standards City of Federal Way • In 2019, SWM maintenance personnel will continue to implement maintenance standards as outlined in the amended and adopted 2016 King County Stormwater Design Manual, which includes Appendix A: Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. S5.C.5.b Annual Inspection of Flow Control and Runoff Treatment Facilities • Continue to inspect known municipally owned and operated stormwater treatment and flow control facilities as required by the Permit. Control structures, retention/detention ponds, and bioswales are inspected and maintained annually. Any repairs required are recorded and scheduled in the City's maintenance management and tracking system, VUEWorks. • In 2018, SWM implemented mobile technology into its inspection program which allows for electronic recording, filing, and scheduling for inspection results. In 2019, SWM will implement the second phase of this program which will provide real time recording into the City's maintenance management and tracking program software. This will result in streamlined operations. Also in 2019, this inspection program will be expanded to include outfalls and control structures. • SWM Inspectors will continue to use the Video Inspection Program (Program) as a tool to proactively manage the stormwater system to prevent flooding, drainage problems, and other water quality concerns. The Program also supports several NPDES-related activities including ongoing comprehensive mapping of the system, evaluation of management practices, and the improvement of the ability to trace spills and identify illicit connections to the MS4. S5.C.5.c Major Storm Event Inspections • SWM Staff will continue to inspect facilities vulnerable to surface water related problems during and after major storm events to ensure the systems are functioning properly, and to determine/conduct any maintenance or repair needs. S5.C.5.d Catch Basin Inspection Program & S5.C.5.e Compliance with Inspection requirements • SWM will continue to inspect and clean (when necessary) catch basins owned by the City. In 2018, SWM incorporated an annual assessment into the City's catch basin inspection program. In 2019, SWM will continue to review the City's circuit schedules, actual inspection results, cleaning and 2019 NPDES Annual Report - Attachment 1 City of Federal Way maintenance records, new development or redevelopment schedules, changes in commercial use, and evaluation of previous year's snow and ice operations. SWM will use this assessment to adjust the City's circuits in order to comply with the requirements of an alternate inspection schedule under the next permit cycle. • To assist with this effort, SWM has implemented a new inspection program using mobile technology that provides more accurate measuring and tracking of catch basin sediment levels. The technology also provides better record keeping, ensuring that maintenance is performed on those catch basins meeting or exceeding the threshold within the six-month permit -required timeline. • SWM will continue to inspect and clean all arterial catch basins within the City. S5.C.5.f Practices, Policies, and Procedures to Reduce Impacts of Stormwater Runoff Related to Municipal Operations • In 2018, SWM Staff implemented new procedures and practices for managing the stormwater infrastructure maintenance program. Included in the updated program were changes in scheduling, tracking, and recording of maintenance activities. In 2019 SWM will review the 2018 program and update the current maintenance Standard Operating Procedures (SOPs) to incorporate changes made to the program. • Also in 2019, SWM will review Streets and Parks O&M SOPS for adherence to permit requirements for reduction of stormwater impacts associated with maintenance activities. S5.C.5.g Training Program for Operation and Maintenance Personnel • City field staff is trained annually in IDDE and spill response procedures. In 2019, field staff responsible for construction operations, street maintenance, parks, and facilities maintenance will also receive updated training in construction BMPs, spill response, and review of Stormwater Pollution Prevention Plan (SWPPP) and TESC requirements. • Maintenance personnel are trained on a rotational basis for pesticide/herbicide application and this program will continue in 2019. S5.C.5.h Implement a Stormwater Pollution Prevention Plan for Heavy Equipment, Maintenance, and Storage Yards • In 2019, the City will review and update the SWPPP for the Public Works/Parks Maintenance Yard Annex located at 31130 28th Avenue South. In addition, a generic SWPPP for all City -owned sites that have above -ground storage tanks will be developed and disseminated to responsible staff. • Staff will continue to review policies and procedures to ensure proper pollution management practices are consistently being implemented and documented. S5.C.5.i Operation, Maintenance, and Repair Records • In 2018, a review of records retention and data collection was done as part of the updated procedures and practices for operation, maintenance, and repair. In 2019, SWM will be completing 2019 NPDES Annual Report - Attachment 1 City of Federal Way the implementation plan for digitizing all O&M and repair records as well as standardizing maintenance records procedures. • Also in 2019, SWM will review recording and tracking procedures for Streets and Parks personnel. 2019 NPDES Annual Report - Attachment 1 Monitoring City of Federal Way A collaborative monitoring program is paid for by Western Washington NPDES Permittees, administered by Ecology, and designed to monitor and evaluate the effectiveness of the best management practices specified in the Permit. The goal of the monitoring program is to provide an unbiased assessment of whether stormwater management actions are resulting in genuine progress towards regional water quality targets. In 2019, the City will continue to pay into the collective fund and support the implementation of the three components of the Regional Stormwater Monitoring Program: • In -stream monitoring to measure whether the health of lowland streams and shorelines in Puget Sound is improving or declining; • Stormwater effectiveness studies to provide widely applicable information about what best management practices work, or don't work, and how to improve stormwater management; and • Source Identification Information Repository designed to share information about source identification and elimination methods and identify opportunities for regional solutions to common illicit discharges and pollution problems. 2019 NPDES Annual Report - Attachment 1 Conclusion City of Federal Way The Annual Report and SWMP update is posted on the City of Federal Way website at: http://www.cityoffederalway.com/sites/default/files/Documents/Department/PW/Surface%2OWater/com bined%20files.pdf. If at any time the City is unable to comply with the terms and conditions of the Permit, staff must notify Ecology within 30 days of becoming aware that non-compliance has occurred. Written notification must include a description of the non-compliance issue and steps planned or taken to achieve compliance. The City remains in compliance with the Permit and is using all known, available, and reasonable methods of prevention, control, and treatment to prevent pollution into the surface waters of Washington State. 2019 NPDES Annual Report - Attachment 2 City of Federal Way Attachment 2 - Description of 2018 Public Education Activities Public Events In 2018, the Surface Water Management Division continued to create a more public presence. To this end, City staff tabled at three community events over the summer, including three Federal Way Farmers Markets, Federal Way Kid's Day, and one of the City's "Movie in the Park" nights. Storming the Sound with Salmon Program The Storming the Sound with Salmon program is an annual stormwater education program developed and implemented by the City and the Federal Way Public Schools in 2012. The program includes classroom curriculum focusing on stormwater education and provides students with the opportunity to raise salmon at their school. At the end of the school year, students participate in a salmon release event where they release the salmon into a local creek and spend the day participating in outdoor learning at a local park. In May, the City held four salmon release events serving over 900 students from 35 different schools. Natural Yard Care Classes The City collaborated with Tilth Alliance to host a series of three Natural Yard Care classes in 2018. The topics included "Fall Lawn Care," "Do More with Your Yard," and "Hands -On: Lawn Care, Soil Building and Planting," and were taught by experts from Tilth Alliance and the Garden Hotline. A total of 22 people attended the three workshops. Waterworks Grant The Waterworks Grant, awarded to the City on April 13, 2016 by the King County Natural Resources and Parks Waste Water Treatment Division, provided the City funding to create a video on the Storming the Sound with Salmon Program, which was completed in January 2018. The video will be used as a tool for other jurisdictions who may be thinking about starting their own similar program. Filming began in December 2017, with video completion in January 2018. Green Living Workshops The Surface Water Management Division and the Solid Waste & Recycling Division staff collaborate to provide free educational workshops for residents on topics related to stormwater and sustainability. Topics in 2018 included: Edible Gardening, Green Cleaning, Worms Bins & Backyard Composting, Marine Debris, Natural Landscaping, Noxious Weeds, Zero Waste, and Fruit Tree Pruning. Volunteer Events The Surface Water Management Division recognizes and appreciates the hard work of volunteers that donate their time to improve the water quality of stormwater and our local surface waters. The City held five volunteer events in 2018 totaling 392 volunteer hours, and hosted one recurring volunteer who totaled nine hours. Volunteer activities included removing invasive plants, cleaning up local parks and streams, and assisting with Storming the Sound with Salmon. E -Newsletter In 2018, public education staff transitioned from a print quarterly newsletter to monthly e - newsletters in collaboration with the Solid Waste Division. E -newsletters allowed the division to 2019 NPDES Annual Report - Attachment 2 City of Federal Way provide more timely information to the public on seasonal stormwater issues and upcoming events. Environmental Coalition of South Seattle (ECOSS) The City collaborated with ECOSS, a non-profit organization, which provided multilingual stormwater outreach to 45 businesses in the City. ECOSS provided free spill kits, custom spill plans and training so businesses knew how to quickly deal with spills and illicit discharges. Car Wash Program The City's car wash program informs businesses and charity groups that it is a violation of City Code to allow dirty soapy water from car washing to enter storm drains. Realizing that car washes are an important fundraising tool for many groups in the community, the City offers an environmentally safe solution. The City has special kits available that pump wash water into the sanitary sewer system, keeping contaminants out of local surface waters. During 2018, five charity organizations checked out the kits six times, at no charge, from the Public Works Department. The City also advertises charity car wash ticket programs through the Puget Sound Car Wash Association (PSCWA) and Brown Bear as alternatives to the car wash kits. In 2018, local organizations bought 597 car wash tickets through PSCWA and 4,492 through Brown Bear. Various Publications Each year, the Surface Water Management Division produces new and updated public education materials as needed. In 2018, some of the materials created included translating the general Surface Water Management brochure into Korean, and updating the Scoop the Poop brochure to make it more easily translated in the future. Puget Sound Starts Here Commercial Series The Surface Water Management Division participated in a regional outreach effort coordinated by Stormwater Outreach for Regional Municipalities (STORM), which involved a series of three commercials that aired on all Comcast platforms from June to September. Each commercial was a call to action that focused on a different BMP: natural yard care, pet waste, and fixing car leaks. Pet Waste Survey As part of the Scoop the Poop Program the Surface Water Management Division conducted a survey of residents within the Upper Joe's Creek Watershed to gauge knowledge of pet waste issues. The City mailed the survey to 1,330 residents, and received 133 responses. The responses will be analyzed in 2019 and used to determine outreach strategies going forward. Training City staff participated in a number of trainings in 2018 related to the City's Stormwater Management program. Trainings varied in the number of staff in attendance. Internal Training: NPDES Presentation to Land Use and Transportation Committee & City Council IDDE Training for Fire Department IDDE Training for Police Department IDDE Response Training for Field Staff 2019 NPDES Annual Report - Attachment 2 City of Federal Way Amanda Database Program VUEWorks Database program Website Training External Training: Regional Education and Outreach Annual Symposium CESCL Training for Inspectors King County Stormwater Design Manual Training Certified Stormwater Inspector Training Trenching and Shoring Certification Confined Space Certification Pipe Assessment Certification Manhole Assessment Certification Lateral Assessment Certification Automated Sustainable Stormwater Design with XPDrainage Webinar Asset Management as a Process Workshop Planning for Infrastructure Replacement Workshop J 2019 NPDES Annual Report - Attachment 3 City of Federal Way Attachment 3 - Evaluation & Measurement of a Selected Education Program Summary The City of Federal Way has been partnering with ECOSS (Environmental Coalition of South Seattle) to provide multicultural outreach on spill kits to businesses in Federal Way since 2013. In 2018, ECOSS engaged with 45 multicultural and English-speaking businesses on behalf of Federal Way to teach them about stormwater pollution prevention, help them save money by providing spill kits at no cost, and promote the protection of Puget Sound. The Surface Water Management Division chose 54 businesses to work with, based on the most active violators. Of these 54 businesses, 8 had gone out of business, 20 received spill kits, 26 participated in post -service surveys, and one declined service. ECOSS staff provided outreach materials in multiple languages, including Spanish, Vietnamese, Korean, Somali, Mandarin/Cantonese, and other languages as needed. ECOSS worked with a social marketing consultant to determine the perceived barriers and benefits of these businesses that would either prevent or motivate them to participate in the program. With their barriers and benefits research, they provided a number of outreach materials to the businesses: • Program Brochure • Instruction Poster • Spill Kit Content Sheet • Pledge Sheet • Spill Plan • Site Map ECOSS conducted initial and follow-up visits to all businesses. During initial visits, staff conducted a baseline survey of owners or staff to get a sense of levels of knowledge of stormwater issues and beliefs about the responsibility of the business to clean up their own spills. A representative sample of the businesses was then contacted to complete a post -survey. When two or more years have passed since an initial visit to a business, ECOSS treats the business as a new site visit and provides all of the same resources as they do for an initial visit. 2019 NPDES Annual Report - Attachment 3 City of Federal Way Data Types of Businesses Visited: • 48% Food Service • 22% Automotive • 15% Grocery Mart • 8% Gas Station • 7% Washing Languages Spoken: • 27% Spanish • 27% Korean • 7% Hindi • 7% Mandarin • 6% Punjabi • 6% English • 6% Cantonese • 4% Arabic • 4% Japanese • 4% Thai • 2% Vietnamese • 2% Japanese • 2% Russian Outcomes for 2018: • 45 businesses received spill training, a spill kit, spill plan, and site map. Recommendations and Next Steps: • Continue providing the program in 2019 in order to solidify knowledge of spill prevention and clean-up within the business community and build long-term relationships. • Revisit businesses to provide updated training as needed. • Allocate more staff time to the program. City staff is working on compiling data on spill kit outreach in the City from 2013-18 in order to determine trends among the businesses reached and assess next steps. 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E C C w v v v _m = N E Q V O U >' 2 O o ` = E3 O w �` = o > > = m U• ° 3 w w a `w L u _ O N MY C m Y V L U •+ H U v O. O O m O o LL aw+ m Z 3 v z n � � 3 3 3 3 3 3 3 3 3 v 3 3 w V1 N N N N N N VI w E N N N N v E — `w c `w —m `v -1. v C `w G 76 `w _ `wIc N a N q m m q m $ m o m o o q o o q q o q N V1 VI V� V1 .y N VI �%1 �%f VI 1%f Attachment 5 - Alternative Catch Basin Cleaning Approach (Question #50) CITY OF FedevalWa December 12, 2018 Danielle Devoe, Municipal Stormwater Permit Coordinator Water Quality Program Department of Ecology 300 Desmond Drive SE Lacey, WA 98504-7600 CI I HALL 33325 8th, Avenue So71h eaerai Wai, WA 98003-6325 k253,'835-7000 www. ci t'vo'tecieraA•ti ay corn ,lim R,,rre-k tOayor RE: Requested follow up documentation regarding Catch Basin Inspection Schedule for Public Stormwater Facilities Regulated by the City of Federal Way Dear Danielle, This written statement by the City of Federal Way (City) serves to document changes in the City's catch basin inspection program to comply with the 2012 Western Washington Phase II Municipal Stormwater Permit (permit), Special Condition S5.C.5.d, which outlines options available to Permittees for inspection schedules of stormwater catch basins. Public Works has been designated by the Mayor of the City of Federal Way as the Department responsible for implementation of the permit. The Surface Water Management Division (SWM) has been identified as the lead for implementation of Special Condition S5.C.5.d, maintenance of stormwater facilities owned or operated by the City. As such, SWM successfully implemented a catch basin inspection schedule for non -arterial catch basins based on drainage basins, average land use, topography, maintenance records, and collected data from inspections conducted since 2012. This allowed for an inspection of all catch basins to occur at least once by August 1, 2017. The City's catch basin inspection schedule applies to non -arterial catch basins only, as the City's current inventory of 3,381 arterial catch basins is inspected and cleaned annually. The remaining 9,212 CBs were inspected on a schedule that was based on an analysis of inspection and cleaning records during the calendar years 2002 to 2008. In February 2018 Department of Ecology's (Ecology) Municipal Stormwater Permit Coordinator for South King County, Ben Billick, reviewed the City's analysis and resultant alternate inspection program and determined the City's schedule was a hybrid of an alternate less frequent approach and a circuit approach, as outlined in Department of Ecology Publication Number 13-10-019, Catch Basin Inspection Alternative for Phase I and /I Municipal Stormwater Permittees. After conversations with Ecology staff and in response to Ecology's review of the City's program, provided as Attachment 1, SWM has made modifications to the inspection schedule as of June 2018 to incorporate suggestions from Ecology. This letter is provided as the requested follow up documentation of those modifications. The City confirms that the catch basin alternate inspection schedule is identified by 'circuits' that were established based on three factors: average land use, street designation (non -arterial), and configuration of the MS4. In response to Ecology's review on the status of the off year circuits, i.e. circuits not included within the current year's annual inspections, SWM has modified the annual inspections of n6n-arterial catch basins to include an inspection of 259/6 of each off-year circuit in addition to the regularly scheduled circuits. This will enable the City to complete an inspection of all catch basins within the two-year requirement under this permit cycle and collect the data for analysis of the City's circuits for future implementation of a less frequent inspection schedule. SWM has incorporated an annual assessment which will review the City's circuit schedules, actual inspection results, cleaning and maintenance records, new development or redevelopment schedules, changes in commercial use, and evaluation of previous year's snow and ice operations. SWM will use this assessment to adjust the City's circuits in order to comply with the requirements of an alternate inspection schedule under the next permit cycle. To assist with this effort, SWM has implemented a new inspection program using real time mobile technology that provides more accurate measuring and tracking of catch basin sediment levels. The technology also provides better record keeping, ensuring that maintenance is performed on those catch basins meeting or exceeding the threshold within the six (6) month permit required time period. Pursuant to Ecology's recommendations, the City has modified its hybrid approach to catch basin schedules to better align with permit requirements and has incorporated an annual assessment of the program to plan for an alternate inspection schedule approach. I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for willful violation. Sincerely, EJ Walsh, P.E. Public Works Director EW/tt:mt cc: Leah Myhre, NPDES Coordinator Dayfile Me COUNCIL MEETING DATE: March 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CDBG CITIZEN PARTICIPATION PLAN POLICY QUESTION: Should City Council approve the updated Community Development Block Grant (CDBG) Citizen Participation Plan? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: March 12, 2019 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Watson, Community Services Manager DEPT: CD Attachments: Staff Report CDBG Citizen Participation Plan Options Considered: 1. Approve the Community Development Block Grant (CDBG) Citizen Participation Plan. 2. Do not approve the Community Development Block Grant (CDBG) Citizen Participation Plan and give staff direction. MAYOR'S RECOMMENDgION: Option 1. MAYOR APPROVAL: V<5,1,2- Initial/Date T DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the CDBG Citizen Participation Plan to the March 19, 2019 agenda for approval. Committee Chair Committel Member Com"tee tee Member PROPOSED COUNCIL MOTION: "I move approval of the CDBG Citizen Participation Plan. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 27, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeff Watson. Community Services Manager SUBJECT: CDBG Citizen Participation Plan Background Information: The Community Development Block Grant (CDBG) Citizen Participation Plan (CPP) sets forth the policies and procedures for citizen participation regarding use of CDBG program funding. It also sets forth the minimum, regulatory requirements for citizen participation in relation to the City's CDBG program including the Consolidated Plan (Con Plan), fair housing planning and reporting, Annual Action Plans (AAP), and reports. It also outlines procedures for approval of these planning and reporting documents. The City of Federal Way's CPP was created and approved in 2012 when the City became an entitlement city. This is the first update to the CPP. The changes include an overall expansion, reordering, and reformatting of the document. Language has been added about and encouraging public participation, especially regarding fair housing planning. The revisions include the addition of relocation requirements. In general, the revisions provide more definitions and descriptions including the addition of a section with definitions and acronyms. The update also includes items such as specifying the timing for public notice as well as application, review, and public comment periods. The update was essential to be consistent with the U.S. Department of Housing and Urban Development (HUD) regulations pertaining to Fair Housing and Relocation and clarified publication/public notices and public comment periods. It also added flexibility and clarity for specific types of changes to the Con Plan and AAPS. Rev. 7/18 City of Federal Way Citizen Participatio Corr for the COMMUNITY PLANNING DEVELOPMENT 41k CITY Federalo, Way Ian BG)'f gram Citizen Participation Plan Table of Contents I. Introduction........................................................................ II. Purpose............................................................................... III. Structure for the Administration of CDBG Funds ............. IV. Participation.....................................................................I V. Plans and Reports ............................................... ......1111... VI. Modifications to the Consolidated, Act' n Plans, an Citi Participation Plan .......................................... ................. VII. Public Participation on the Fair Hous g na is of or Assessment of Fair Housin (AFH) nd f ely Fair Housin ... Page 1 ...Page 1 ... Page 1 ... Page 2 ... Page 3 .Page 4 g.............................. ..11111... 1111...... ....................................................... Page 6 VIII. Public Comment th nnu 1 P rforma e port (CAPER)................................Page 7 IX. Anti-Displac t an eloc ion icy................................................................Page 8 X. Ava' 11' o ds t Me Obi tives of the Consolidated Plan ..........................Page 8 XI. Pre- lic ions and ec ical Assistance to Applicants for Funds .......................... Page 8 XII. Additiona nfo io nd Access to Records ..........................................................Page 9 XIII. Complaints ....................................................................... XIV. Definitions and Acronyms ................................................. XV. Federal Way Program Managers ....................................... ...................................Page 9 ...................................Page 9 .................................Page 12 City of Federal Way Citizen Participation Plan i I Page City of Federal Way Citizen Participation Plan I. Introduction The City of Federal Way (City) Citizen Participation Plan (CPP) sets forth the policies and procedures for citizen participation in the process to receive and administer federal funds for the Community Development Block Grant (CDBG) program. The CPP is required by the U.S. DepVNeDt of Housing and Urban Development (HUD) as specified under 24 CFR 9 1. 100 and 91.105. TZe C' provides direct support for critical human services, economic development, affordable usin , and neighborhood stability through its Community Development Department,mulunit ervices Division. II. Purpose On February 5, 1988, the President signed into law the Housing a d Co3px6ni)Development Act of 1987, which among other things, requires jurisdictions to develop a follizen participation plan.This CPP is intended to encourage citizens to arti ' • to in the nd Planning process and it outlines the procedures for approval of the nso idate n (Cond the Annual Action Plan (AAP), for addressing concerns and complaint an akin ento either of these plans. The processes in the CPP apply to all commu 'ty evelo ment an ousing activities under the CDBG program. � The City encourages involvemen y r i is a d organ' ati s in the planning and implementation of activities included in the (Con an). he C n P n rovi s f an assessment of community needs, outlines five-year strategies to ad ess t ee I anU ve b ' s an AAP including the proposed use of grant funds. This CPP describ ho nts a or niza ' ns can access information, review and comment on proposed actio' es, d provide om nts p ormance evaluations of approved activities. Residents and o aniz ions areal en ouraged to participate in program implementation and monitoring activit Specifically, this CPP crib the etails of the formal process for public participation in annual and long-range planning for th use o DBG funds in the City. III. Structure for the Administration of CDBG Funds The City is an "Entitlement" community receiving an annual CBDG grant directly from HUD. As a grantee, the City accepts responsibility for administration of the grant including strategic planning via the Con Plan; annual program planning, management, and funding decisions via the AAP; and oversight of sub -recipients that receive CDBG funding via the City. The City is responsible for ensuring the use of funds is in accordance with the Con Plan as well as federal regulations. The City conducts funding application processes, prepares contracts, works with funded organizations to ensure projects successfully meet performance objectives, and provides technical assistance as needed. City of Federal Way Citizen Participation Plan 1 I Page Human Services Commission The CDBG program is guided and supported by the Human Services Commission (HSC). The HSC recommends to City Council the allocation of CDBG funds to specific projects and advises on guidelines and procedures for City funding in support of community development and human services. The HSC consists of nine regular, voting members and three non-voting alternates. City Council The City Council oversees the administration of the CDBG program via approval of the Con Plan, the AAP, the CAPER, and the CPP. Approval of CDBG program plans and reports take ace in public hearings. Additionally, the Council appropriates an overall budget for the CDBG ndi as part of its bi- annual budget that permits the acceptance and expenditure of the CDBG funds/ach ar. IV. Participation Citizens and stakeholders will be provided with information and e o ortunity to give eam ful input to the consolidated planning process. The City will snake avail ble to ents, pub ' ag cies, and other interested parties information that includes the amount f ass ce t jurisdiction xpects to receive (including grant funds and program income) and the rang of acti ' ies that may be undertaken, including the estimated amount that wil e t persons o low- nd moderate -income. Opportunities for input will include outreach to low an derate ome rs s, persons living in predominately low- and moderate -income neighborh ods dei d as ar w ere more than 50 percent of the population have householdincome or below 0 r nt e K' g County area median income), persons of color, non-Engli and Ii ed Eng 'sh spe ing persons, persons with a disability, and persons experiencing homele esF Additionally, the City encourages of Care, and other organizations (i philanthropic organiz 'ons, an developing and i em CD regulations, in e pr cess of de service provide , org izations ei responsibilities in ude e manag emergency manages nt a ncies, 11 each out ociA'Vd regional institutions, the Continuum ng i es, de topers, nonprofit organizations, lity- ased an ith-based organizations) in the process of am ans and performance reports. Consistent with HUD theon Ian, consultations shall include broadband internet in na owing the digital divide, agencies whose primary of flood prone areas, public land or water resources, and A. Public Notice Citizens must be given nate notice of all hearings and public meetings through posting on the City webpage and direct notification to stakeholders. Adequate notice is defined as 14 calendar days. Public notice shall indicate the date, time, location, and purpose of the meeting and information about the issues to be discussed. B. Means of Outreach The City will use both traditional means of notice and outreach and newer methods to create awareness of planning processes and opportunities for review and input. Traditional methods include notices in the newspaper and posting in City Hall and elsewhere throughout the city. Additionally, newer methods, such as social media will be used to communicate about efforts, processes, and opportunities for participation in community development planning associated with the CDBG program. City of Federal Way Citizen Participation Plan 2 1 Page C. Comment Period The comment periods for plans and reports is listed in the following table and is described in more detail in Section VI. Consolidated Plan & Annual Action Plan 30 calendar days Substantial Amendment to Con Plan & AAP 30 calendar days Analysis of Impediments /Fair Housing Assessment 30c lendar days Citizen Participation Plan cal dar days Minor Amendment to Con Plan & AAP 15 alendar days CAPER 20 c endar days D. Public Hearings Public hearings will be held at least twice per year at key sta s of e grants admin ratio process to obtain the public's views and to provide the pub c wi respo to their q sti s and comments. Public hearings may take place before the Human ervi o fission and t e City Council. Public hearings refers to both public hearings and co unity eetings. E. Access to Meetings Meetings and forums shall be held in accessibl loc ti s to en e tha r itectural barriers do not preclude the attendance of people who have a dis ility In additi , accommodations will be made, upon request, for attendees w ve heari or ' ual n s. F. Language Access The City shall take reasona e ste top ov' angua a as istance to ensure meaningful access to participation by non-English s eaki nd limited 1 proficient residents of the community. This will include ma 'u ang ents r tra do ervices and meeting materials available in the appropriate g', ge. A ce tice ust be requested not less than three (3) business days prior to a pu c mg ub he 'ng. V. Plans The following describ the ey an ng and reporting documents for the CDBG federal grant. Plans and reports for the Cons 'dated Pjx6ning process are located at the following link. A.' Consolidated Housing and Community Development Plan (Con Plan) The Con Plan guides the use of federal CDBG funds for a five-year period. It describes the amount of assistance, priorities, range of activities, and estimated amount that will benefit low- and moderate -income people. B. Annual Action Plan (AAP) The AAP outlines the specific projects and activities to be undertaken for the program year and the amount of funds that will be awarded to those projects. The program year begins January 1 and ends December 31. City of Federal Way Citizen Participation Plan 3 1 Page C. Consolidated Annual Performance and Evaluation Report (CAPER) The CAPER documents performance on the activities and projects undertaken and completed in the previous program year. This is completed and submitted to HUD not later than March 31. See Section VIII for further details on public processes for the CAPER. D. Analysis of Impediments to Fair Housing (AI) or Assessment of Fair Housing (AFH) In coordination with the Con Plan process, the City prepares a community -wide analysis of impediments to fair housing. Annual progress and work towards the fair housing goals are reported annually in the CAPER. E. Citizen Participation Plan (CPP) The CPP (this subject document) is required by HUD regulations and o ines the eans and methods that the City uses to encourage public input into the plannin an e ' w p cess for the CDBG program. It is updated as needed. VI. Modifications to the Consolidated, Actio PI Citizen\ > Participation Plan v The following description and definition of amend nts liely adopted and approved plans. Any plans not yet approved by City Counci an UDdr t documents subject to changes without public review. A. Modifications to the Consolid lan V After the Con Plan is submi d to HU Chan\the t on Plan follow the processes described below. The Ci is po ibI for i citizens with reasonable notice and an opportunity to commen whe amen m tolain re proposed. Modifications tot on Pl fall i o t cate ries. 1. Revi ' ns nsol ate Ian Re isio are edits, dat , or rr tions that do not alter the activities, purpose, or inte deed neficiaries f a of the strategies adopted in the Strategic Plan section of the Con n.e HSC w 11 b notified during a regular meeting and the revised Con Plan will be v I.sh on , tV s website. 2. Minor AmendiRentsX the Consolidated Plan Minor Amendm s are those which: 1) alter the annual accomplishment goals; or 2) amend a neighborhood revitalization strategy (NRSA) for a specific neighborhood located in a geographic area of the City. Minor amendments require public notice and an opportunity for the public to comment for 15 days and approval by the HSC in a regular meeting. The amended Con Plan will be published on the City's website. Substantial Amendments to the Consolidated Plan a. Substantial amendments are those which: 1) alter the activities, purpose or intended beneficiaries of a strategy identified in the Strategic Plan section of the Con Plan; 2) add or delete a strategy in the Strategic Plan section; 3) alter the annual accomplishment goals and/or the long-term goals of the major strategies in the strategic plan; and/or 4) add a neighborhood revitalization strategy (NRSA) for a specific neighborhood located in a geographic area of the City. City of Federal Way Citizen Participation Plan 4 1 Page b. A substantial amendment to the Con Plan must be approved by City Council in a public hearing. c. Substantial amendments require public notice and an opportunity for the public to comment for 30 days prior to the date set for a public hearing by the City Council to take action on the substantial change(s) to the Consolidated Plan. d. Substantial Amendments shall be considered by the HSC during the 30 -day public comment period, which will make a recommendation to the City Council regarding the proposed amendment. e. All comments that are submitted, either orally or in writing duringt omment period, shall be considered in any substantial amendment to the nso' ated Plan. A summary of public comments made and how they influenced e a ndment, as well as the reasoning for comments that were rejected and did n influenc the amendment, will be attached to the substantial amendment. f. The City will work with King County to submit the en e Conso . ate Ian to HUD. g. The amended Con Plan will be published on th Cit s websi)e1 B. Modifications to the Annual Action Plan After the AAP is submitted to HUD, chang below. The City is responsible for providi� opportunity to comment when amendments Modifications to the Annual Action Plan fall 1. Revisions to the Annu a. Minor changes, dit; amendments an o b. The HSC will be n will bevnbl—isTrod on 2. a. `A ch`apge of AAP fo tIan ai to e c'. ;s described and an do not meet threshold criteria for and the revised Annual Action Plan ion Plan in the amount of CDBG funds awarded to a b. A c nge ' an el' ibl activity, a change in the purpose of an activity, or scope of an activit such th stimated number of intended beneficiaries are affected by 50 percent o more, a change in the intended beneficiaries of an activity. c. The cancel ' of a project or activity. d. A minor amendment must be approved by the HSC in a regular meeting and published on the City's website. Substantial Amendments to the Annual Action Plan a. A substantial amendment involves a modification in the amount of CDBG funds awarded by more than 35 percent of the annual entitlement grant amount. b. The addition of a project or activity not previously identified as a contingency project. c. A substantial amendment to the AAP must be approved by the City Council in a public hearing. d. A substantial amendment that is approved by the City Council will be published in the Federal Way Mirror at least 30 days before they are implemented, and the public will be invited to comment during the 30 -day period and at the public hearing before the Commission. City of Federal Way Citizen Participation Plan 5 1 Page e. All comments that are submitted, either orally or in writing, during the comment period shall be considered in any amendment to the AAP. A summary of public comments made and how they influenced the amendment, as well as the reasoning for comments that were rejected and did not influence the amendment, will be attached to the amendment f. The City will work with King County to submit the amended AAP to HUD. g. The amended AAP will be published on the City's website. C. Modifications to the Citizen Participation Plan After the CPP is approved by City Council, changes to the CPP follow th roc ses described below. The City is responsible for providing citizens with reasonable tic nd an opportunity to comment when amendments to the CPP are propose _ Modifications to the Citizen Participation Plan fall into three 1. Revisions to the Citizen Participation Plan a. Minor changes, edits, updates, or corrections th do n i et t eshold crit ' for amendments and do not require public notice. b. The HSC will be notified during a re meeting a the vised CPP will be published on the City's website. 2. Minor Amendments to the Citizen Parti ' at n a. Changes necessary as a result of HU req it en b. Changes to the Fnng an tructur of e P. c. A minor amendnweb ap roved th SC in a regular meeting and published on thite. 3. Substantial Amendmen to the Partici ation Plan a. Modi ion ubli otic require s and comment periods. b. T add of a p ns doc ents not previously identified in the CPP. C. s tantial a end nt t the PP must be approved by the City Council in a d. A \Vrm t that is approved by the City Council will be published in trrratleast30daysbeforetheyare implemented, and the public wmentduringthe30-dayperiodand at the public hearing before t1. All commeNsAat are submitted, either orally or in writing, during the comment period shall be considered in any amendment to the CPP. A summary of public comments made and how they influenced the amendment, as well as the reasoning for comments that were rejected and did not influence the amendment, will be attached to the amendment The amended CPP will be published on the City's website. VII. Public Participation on the Fair Housing Analysis of Impediments (AI) or Assessment of Fair Housing (AFH) and Affirmatively Furthering Fair Housing The preparation of an Analysis of Impediments to Fair Housing (Al) and its subsequent document, the Assessment of Fair Housing (AFH), are critical parts of HUD housing and community development programs, and citizen participation is key to the successful completion of these planning efforts. In order City of Federal Way Citizen Participation Plan 6 1 Page to maximize opportunity for public input into the process, City staff will make HUD -provided data and any other supplemental information to be incorporated into its Al or AFH available to its residents, public agencies, and other interested parties. Such data will be made available at, or as soon as feasible after, the start of the public participation process. The data may be made available to the public in a variety of formats and locations, both physical and electronic, including references to the data on HUD's website. For purposes of the Al and/or AFH, the duty to "affirmatively further fair housing" means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity bas on protected characteristics. Specifically, affirmatively furthering fair housing means taking in 1 actions that, taken together, address significant disparities in housing needs and in access to ppo nity, replacing segregated living patterns with truly integrated and balanced living patterns ransfo i g racially or ethnically concentrated areas of poverty into areas of opportunity, and fos eri a mai aining compliance with civil rights and fair housing laws. / 1 During the preparation of the AI/AFH, the public will be encou ge o partic' ate via pu ism tiny and other opportunities for input. Draft versions of the docume s wi e bli ed on the ' s website at the following link. htt ://www.cit offederalwa .com/ de/1 74. dditionally, the documents will be available for review at public lib r t the of ederal Way Community Development Department. The public will be notified of the availability of the ) methods such as email and social media. Notificatioi service agencies, and other interestedPC ies a list Department. The public will be en ura to r i veN submission to HUD. The publi ill e pro 'de4 30 Citizen comments on the AI/AF wil e c si submitted in writing within the 30- y pe iod con at 33325 8'h Avenue S� , al shingt the end of this doc enuptf t ryt l IfiMirror and via other lic housing authorities, other ommunity Development is document prior to its o comment on the report. orally at a public hearing or nity Services Manager located -6325 or via email at the address listed at The AI/AFH 11 be eviewe)nf e C duld>x the 30 -day comment period, and the HSC will provide a recommendation o Cit Cour ac'on. The City Council shall consider the AI/AFH in a public hearing and take ac on p rsub fission of the AI/AFH to HUD. The City shall consider a comm is or views of residents of the community received in writing, or orally at the public hearing in eparing the final AI/AFH. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, shall be attached to the final AI/AFH. VIII. Public Comment on the Annual Performance Report (CAPER) The City is required by HUD regulations to report annually on its performance in implementing the activities of the Con Plan. This takes place via the Consolidated Annual Performance Evaluation Report (CAPER). The public will be notified of the availability of the CAPER in the Federal Way Mirror and encouraged to review and comment on this document prior to its submission to HUD. The report will generally be available in March of each year. The public will be provided at least 20 days within which to comment on the report. Citizen comments on the CAPER will be considered if they are received orally at the public hearing or submitted in writing within the 30 -day period for comment to the Community Services Manager located at 33325 8th Avenue South, Federal Way, Washington 98003-6325 or via email City of Federal Way Citizen Participation Plan 7 1 Page at the address listed at the end of this document. Copies of the report will be available for review at the City of Federal Way Community Development Department. IX. Anti -Displacement and Relocation Policy Applicants are encouraged to propose projects that avoid or minimize displacement. Projects that include or that will include federal funding (CDBG), and will acquire, demolish, or rehabilitate a building that has residential or commercial tenants in place, must follow the federal relocation requirements of the Uniform Relocation Act (URA) and the Real Property Acquisiti egulations of for Federal and Federally Assisted Programs, as well as the Barney Frank A .. ;,nxllent ection 104(d), if applicable. X. Availability of Funds to Meet Objectives of Funding opportunities and awards are posted on the City of Fede 41 Wwebpage at the olio g link: http://www.cityoffederalway.com/node/1674. All CDBG fund g is bjt propriati b ongre and distribution by HUD. Annual funding for both Public Servic an ital rojects/economic development is awarded to sub -recipients via the AAP. A. CDBG funds for Public Services (e.g., ho eless hou ' progra s, jo training, and youth services) are announced through the bienni hu serve fundi ap lication process. The City of Federal Way participates with 16 oth r ci 'es ughou ing ounty in a common application process that enables non-profit se ice r ide o pre are and submit a single application that may include nding r uests om p 17 cite s. The common application process takes place in late int earl spring 'n e n numbered years. The funding awarded via this proces is f a two ye period egi ing the calendar year following the application year. Fundin reco ndation m d y the Human Services Commission and approved by the City unci . B. CDBG ca 'ala onom de op m t funds are available via the City's Community Econo 'c R italizatio Fun 'ng R process. A Notice of Funds Available (NOFA) is issued ua and begin the nnua ction Plan preparation process. Completed applicati s are enerally ue i September. Notifications regarding CDBG funds available are made b irec otice o s keholders, publication in the Federal Way Mirror, and the City website. The ndin and via this process is for a single CDBG Program year beginning the calendar year ollowi the application year. Funding recommendations are made by the Human Services Co ssion and then incorporated into the AAP, which is approved by the City Council and submitted to HUD for review and approval. XI. Pre -applications and Technical Assistance to Applicants for Capital Funding Upon request, technical assistance will be made available to groups representing low- and moderate - income persons to assist them in understanding the requirements for developing proposals and preparing applications under the Con Plan and AAP. A. Each year, Federal Way conducts workshops in connection with the CDBG application process to provide guidance and technical assistance to potential applicants for funds. The workshops provide information about federal requirements, local priorities, and application instructions. Additionally, technical assistance may be provided to individual (organizational) applicants City of Federal Way Citizen Participation Plan 8 1 Page upon request prior to an application being submitted. B. Federal Way Community Services Staff is available throughout the year to work with potential applicants, sub -recipients, and other organizations to help them with policy and process questions, regulatory compliance, and creative problem -solving in working with federal funds and CDBG requirements. XII. Additional Information and Access to Records Records relevant to the consolidated planning process and program administratio are ailable for the preceding six years. Citizens, public and private agencies, and other intereste arti s will be given reasonable and timely access to information and records related to the Con an;d pf4grarn activities. A copy of the final, approved documents (the Citizen Participation P n,nsolidati Action Plan, Analysis of Impediments to Fair Housing/Assessme of it Housing, to those plans; and the CAPER) may be obtained through the C ry w site at/1 http://www.cityoffederalway.com/node/1674. XIII. Complaints The City will provide a timely, substantive, written 15 working days. A complaint pertaining to the CI Plan, any plan amendments and/or the ance Community Services staff. Staff wi review th co of 15 working days of receipt of y c p 'nt. the Community Services Maria r wh will vi Community Services Manager's cisio ill be fii XIV. DefinitiojK and Definitions Yedent complaint within Plan, Annual Action )ea it 4 for response to will provide a response within a period i1 of a response may be requested of a written response within 21 days. The Analysis of ImpediluentsNo Fair Hbusigg Choice: The Analysis of Impediments is a review of impediments to fair h sing ho' e i he public and private sector. It is a review of an Entitlement community's laws, regu tions, an dministrative policies, procedures, and practices and how those laws, etc. affect the locatio av ' ability, and accessibility of housing. The Al also evaluates how private sector activities pertaining to ousing availability affect fair housing choice in the community. Annual Action Plan: The Annual Action Plan is the annual work program and spending plan for the use of Federal grant funds. The AAP provides a concise summary of the actions, activities, and federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. Assessment of Fair Housing: The AFH is an analysis of fair housing issues and contributing factors in an Entitlement community. The types of issues considered include: 1) Patterns of integration and segregation; 2) Racially or ethnically concentrated areas of poverty; 3) Disparities in access to opportunity; and 4) Disproportionate housing needs. The AFH results in goals that the community sets forth to achieve over a Consolidated Plan period. The AFH is replacing the Analysis of Impediments to Fair Housing Choice planning process and will be instituted for the 2025-2029 Consolidated Plan period. City of Federal Way Citizen Participation Plan 9 1 Page Citizen Participation Plan: The CPP (this subject document) describes the public participation process for planning and implantation of Federal Entitlement funds, and includes opportunities for involvement of affected persons and other concerned citizens in the planning process. Community Development Block Grant: The Community Development Block Grant (CDBG) Entitlement Program provides and annual grants on a formula basis to entitled cities and counties to develop viable urban communities by providing decent housing and a suitable living environment, a by expanding economic opportunities, principally for low- and moderate -income persons. The ogr- r is authorized under Title 1 of the Housing and Community Development Act of 1974, Publi aw 3-383, as amended; 42 U.S.C.-530.1 et seq. Community Economic Revitalization Funding: The City of Federalyay)YpplicatiN pro ess and program for the use of CDBG funds the City receives as an Entitl ent ommumty. T CE is for portion of the annual grant that is available for capital projects q&d e nomicXvelopmen ffo . Consolidated Annual Performance and Evaluation Report: The CAkER is theannual report to the U.S. Department of Housing and Urban Development on t ity's perfoance ' implementing the activities of the Con Plan. Consolidated Plan: The Con Plan guides the use of\dec�l✓ G fun oven,e-year period. It describes the amount of assistance, priorities, range rti a estim ount that will benefit low and moderate income people. "Entitlement" Community: A tro itan ity Pr urban \ounV with a population of at least 50,000 which, because of its size, is enti ed to ec e Co"i-nnity Development Block Grant (CDBG) funds directly from the federal goy me t. r Human Service o fission: he Oitv o ede 1 Way Human Services Commission, which is responsible for val ting applica 'ons nd m g recommendations to the City Council regarding funding from the DB rant and ity general funds. Notice of Funds Avai lie�l : N ee Ent b ' notice published in the local paper of record and noticed via a variety of other means to formmmunity and service organizations that the City is making funds available for community and human services activities supporting low- and moderate - income person in Federal Way. The NOFA announcps the beginning of the application period for such funds and how and where applications are available. Public Services: Public Services is that portion of an annual CDBG grant that is directed to and available for funding human services activities. Public Services funding is limited to 15% of the annual CDBG grant amount. Acronyms/Abbreviations AAP: Annual Action Plan AFH: Assessment of Fair Housing City of Federal Way Citizen Participation Plan 10 1 Page AI: Analysis of Impediments to Fair Housing CAPER: Consolidated Annual Performance and Evaluation Report CDBG: Community Development Block Grant CERF: Community Economic Revitalization Funding Con Plan: Cor CPP: Citizen l HSC: City of I HUD: U.S. De NOFA: Notice City of Federal Way Citizen Participation Plan 111 Page XV. Federal Way Program Managers Community Services Manager CDBG / Human Services Coordinator Housing Repair Program ® Sign language and given su O Jeff Watson j ef£watson(&cityoffederalway. com 253.835.2650 Sarah Bridgeford 253.835.2651 Jeri -Lynn Clark 253.835.2401 ate formats can be arranged 1 (Relay service) V City of Federal Way Citizen Participation Plan 12 1 Page 312 COUNCIL MEETING DATE: March 19, 2019 ITEM #: .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIRST AMENDMENT TO THE 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN POLICY QUESTION: Should the City Council approve the First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan? COMMITTEE: Parks, Recreation, Human Services &Public Safety MEETING DATE: March 12, 2019 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, CDBG/Human Services DEPT: CD Coordinator ......................... .............................. ........................................................................................................................................................................................................ Attachments: Staff Report First Amendment to the 2018 CDBG Annual Action Plan Options Considered: 1. Approve the First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan. 2. Do not approve the First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan and give staff direction. ........................... .................................................................................................................................................................................................................... ............................................................................................................................................................................................. ............................................................................................. MAYOR'S RECOMMEN TION: Option 1 MAYOR APPROVAL: ;'-, '7 9 DIRECTOR APPROVAL:, 27 / C mittee Coun Initial/Date Initial/Date Initial ate COMMITTEE RECOMMENDATION: I move to forward the First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan to the March 19, 2019 City Council agenda for public hearing. Committee Chair Committe Member Com ee Member PROPOSED COUNCIL MOTION: "I move approval of the First Amendment to the 2018 Cor`rmunity Development Block Grant (CDBG) Annual Action Plan. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 26, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeffrey Watson, Community Services Manager Sarah Bridgeford, CDBG/Human Services Coordinator SUBJECT: First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan Financial Impacts: The Multi -Service Center Villa Capri Door Renovation project is funded using CDBG funds and there are sufficient funds available to cover the recommended, additional allocation of $48,000 for total funding of $151,500. Another project at Multi -Service Center Villa Capri was deemed ineligible for CDBG funds resulting in $30,000 of CDBG funds being available. Other 2018 CDBG projects spent less than the allocated funds, leaving unspent funds available for reallocation. The reallocation will not impact other planned CDBG projects. Background Information: City Council approved the 2018 Community Development Block Grant (CDBG) Annual Action Plan (AAP) on January 16, 2018. The 2018 AAP included $103,500 for the Multi - Service Center Villa Capri Door Renovation project including $100,000 for renovation and $3,500 for environmental review. 2018 CDBG funds became available in October 2018. By this time, project costs increased by approximated $48,000 primarily due to increases in State prevailing wage rates. The application for funding and project budget had been based on Federal prevailing wages that are typically higher than the State prevailing wages. With the changes that took place to State prevailing wage rates in 2018, the projects costs became unexpectedly higher than planned bringing the total project cost to $178,500. Multi -Service Center will contribute $27,000 as originally planned, leaving a need of $151,500. The project will help to preserve 86 units of affordable housing in the City of Federal Way. The Human Services Commission (HSC) recommended $48,000 in additional CDBG funding at the January 28, 2019 HSC meeting. As the amount of funding exceeds 20% of the original CDBG funding, the AAP must be amended. The HSC made a recommendation at the February 25, 2019 meeting that City Council approve the subsequent First Amendment to the 2018 CDBG Annual Action Plan. The two changes are highlighted and found on page 1 and page 19. Rev. 7/18 41k CITY OF Federal Way The City of Federal Way 2018 ANNUAL ACTION PLAN First Amendment February 2019 Executive Summary AP -05 Executive Summary - 91.200(c), 91.220(b) Introduction The City of Federal Way presents this Annual Action Plan for the 2018 Program Year Community Development Block Grant program funds. The City developed these funding decisions based upon Mayoral and City Council priorities, Human Services Commission recommendations, Community Services Division (CSD) staff analysis, public hearing comments, program performance information, and consultation with various service agencies and other stakeholders. The First Amendment to the 2018 Annual Action Plan includes additional funding in the amount of $48,000 for Multi - Service Center Security Door Renovation. 2. Summarize the objectives and outcomes identified in the Plan This Action Plan allocates a total of approximately $1,095,232 dollars in 2018 Community Development Block Grant Entitlement funds, prior year resources, and CDBG program income to support the Community Development Block Grant program. The overall goals for the Action Plan are: • Improve and expand affordable housing options; • Expand businesses to create jobs and assist with the development of microenterprises; • Strengthen neighborhoods through the planning of strategic neighborhood revitalization efforts; and • Administer the Community Development Block Grant program to meet the community needs and HUD requirements. 3. Evaluation of past performance The City has been able to meet the needs of many low- and moderate -income households through its involvement as a member of the King County HOME Consortium. Activities implemented under that arrangement have succeeded in: 1) meeting the needs of homeowners through the City's housing repair program; 2) providing much needed services to help households to regain stability; 3) providing facilities and improvements to improve the quality of life; and 4) supporting economic development efforts for small businesses and microenterprise. During the first three years of the 2015-2019 HOME Consortium Consolidated Plan, the City of Federal Way worked closely with the community, nonprofit agencies, the private sector, the State of Washington, HUD, the faith -based community, and the philanthropic community to make solid progress towards goals. The City of Federal Way reported in the 2017 Consolidated Annual Performance Evaluation Report (CAPER).: • 4 households received support for housing repair and rehabilitation • 408 persons received assistance with public services • 95 persons received economic development -related assistance 4. Summary of Citizen Participation Process and consultation process The City had an established public participation process, as outlined below: Federal Way Annual Action Plan 2018 • A public hearing was held on November 21, 2016, before the Human Services Commission to receive input on the preliminary 2017-18 CDBG Public Services grant recommendations. • Notice of Funds Available for PY2018 CDBG Community Economic Revitalization Funds was published in the Federal Way Mirror on July 7, 2017. • Request for public comments and input was emailed to stakeholders and service agencies on December 8, 2017 seeking input through January 16, 2018. • A Notice of Public Hearing was published in the Federal Way Mirror on December 8, 2017, notifying the public of public hearings to be held on December 18, 2017 and January 16, 2018, and to announce the comment period on the 2018 Annual Action Plan. • An opportunity for public comment was provided on December 18, 2017, before the Human Services Commission, to receive input on the 2018 Annual Action Plan. • A public hearing was held on January 16, 2018, before the Federal Way City Council to receive input on the 2018 Annual Action Plan. • Request for public comments and input on an updated plan was emailed to stakeholders and service agencies on May 18, 2018 seeking input through June 5, 2018. • A Notice of Public Hearing was published in the Federal Way Mirror on May 18, 2017, notifying the public of a public hearing to be held on June 5, 2018, and to announce the comment period on the Updated 2018 Annual Action Plan. • An opportunity for public comment was provided on June 5, 2018, before the Federal Way City Council to receive input on the Updated 2018 Annual Action Plan. 5. Summary of public comments No Public comments were received during the initial comment period beginning December 8, 2017 and concluding on January 16, 2018 or during the second public comment period from May 18, 2018 to June 5, 2018. Summary of comments or views not accepted and the reasons for not accepting them N/A 7. Summary In summary, Federal Way residents, stakeholders, service providers, and others consulted during the citizen participation process support the outcomes and objectives of the Consolidated Plan for Housing and Community Development. The remainder of this report will provide details on how the City proposes to prioritize its investment. Federal Way Annual Action Plan 2018 PR -05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The City of Federal Way is responsible for preparing the Annual Action Plan and for the administration of the CDBG grant program and funding. Responsible Agency • Agency Role: CDBG Administrator • Name: Jeffrey Watson • Department/Agency: Community Development/Community Services Division The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Jeffrey Watson, Community Services Manager, is the program administrator. Sarah Bridgeford, CDBG Coordinator, is the primary staff responsible for the day-to-day implementation of the program. Additionally, numerous non-profit agencies are responsible for administering programs funded by CDBG. These agencies and others were consulted during the development of the Annual Action Plan and are listed in the Consultation section of this document. Annual Action Plan Contact Information Sarah Bridgeford CDBG Coordinator 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2651 (telephone) (253) 835-2609 (facsimile) Sarah.Bridgeford@cityoffederalway.com Federal Way Annual Action Plan 3 2018 AP -10 Consultation - 91.100, 91.200(b), 91.215(1) Introduction Consultation and citizen participation are important elements of the plan and its implementation. As part of its first Consolidated Plan, for 2012-2016, the City created the Citizen Participation Plan for the City of Federal Way Consolidated Plan to guide the process, provide opportunities for citizen involvement throughout the development of the Plan, and provide input for the implementation and program evaluation phases in future years. In 2015, the City began participation in the 2015-2019 HOME Consortium Consolidated Plan in cooperation with King County. The Citizen Participation Plan again provided guidance to afford opportunities for citizen involvement throughout the development of the 2015-2019 HOME Consortium Consolidated Plan. During the process of developing the 2015-2019 Plan, organizations (both public and private) were consulted and local groups participated in providing input on needs and proposed strategies. The City of Federal Way is an active partner and participant in local and regional community development and human services efforts. The City engages in ongoing coordination between other cities in South King County with common interests and needs for community development, as well as public policy organizations, housing providers, health providers, service agencies, and faith -based organizations that are extensively involved in providing support to low- and moderate -income persons and households, as well as the homeless. The City also works with members of the King County Consortium (Consortium) to conduct and participate in ongoing meetings with each other. The consortium includes stakeholders and public housing authorities (PHA's) including the King County Housing Authority and the Renton Housing Authority. In addition to the Consortium, the Continuum of Care is comprised of nonprofit housing and service providers, members of the Housing Development Consortium of Seattle -King County, the Public Health Department of Seattle and King County, Puget Sound Regional Council, South King County Human Services Planners, and the Washington State Department of Social and Health Services. This coordination and public meetings held as part of the planning and funding processes for federal formula grants and local funds take place regularly throughout the year and inform recommendations for decision making bodies such as the City's Human Services Commission. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). The City of Federal Way coordinates with All Home, which has been designated by the King County Council as the local homeless housing task force for King County. All Home was created to work with service providers and advise local government on the creation of a local homeless housing plan and to participate in a local homeless housing program. Federal Way works with King County and other communities in the Consortium to provide input and advice to All Home on local and sub -regional issues and needs regarding homelessness as well as housing and services for the homeless. Federal Way is a member of a committee that focuses on collaboration between service providers and housing providers. The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. In addition, Federal Way is fortunate to have numerous churches and other faith -based groups that provide regular services and support to the homeless in our community. This includes meals, overnight shelter during the cold Federal Way Annual Action Plan 4 2018 months, and shower and laundry services. The City also uses general fund dollars to fund the Reach Out winter shelters for homeless men and women. Catholic Community Services provides case management for these shelters. Further, the City worked closely with a local coalition and service provider to open the Federal Way Day Center for homeless individuals in 2016. Part of the ongoing development and implementation includes a service provider collaboration focused on providing access onsite to clients. Participants in the collaboration include housing organizations, local government, public health agencies, and a variety of social service providers including behavioral health services. The conversation includes the potential of co -located services at one campus to better serve those in need of the services. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinating with King County's Continuum of Care (CoQ is critical to our region's implementation of the All Home Homelessness Strategic Plan, which is focused on making homelessness rare, brief, and one-time. The CoC has a continued prioritization of permanent housing while addressing a full continuum of housing from transitional housing with support services to permanent supportive housing for persons with disabilities. The City of Federal Way supports the continuum of housing including prevention, emergency shelter, transitional housing, and permanent housing. The City's provides financial support of these efforts with both City general funds and CDBG funds and also commits staff time to the ongoing development and implementation of the system to address the needs of homeless persons. Efforts by the City and our many human services partners are targeted to help homeless persons meet three goals: achieve residential stability; increase their skill levels and/or incomes; and • strengthen their ability to influence decisions that affect their lives. The City participates in and supports numerous coalitions and committees, such as the South King County Forum on Homelessness and All Home, the King County agency focused on ending homelessness. These valuable partnerships support Federal Way and the surrounding region's efforts to make homelessness rare, brief, and one-time. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS All projects receiving McKinney funding are required by HUD to apply for support through a local Continuum of Care. For King County, the Continuum of Care encompasses programs and activities within the borders of King County. The King County CoC priorities are set by All Home in King County. Federal Way staff contributes to the CoC by working collaboratively with All Home and with other communities, especially those in South King County, to provide input and cooperation with All Home and King County. Federal Way Annual Action Plan 2018 2. Agencies, groups, organizations and others who participated in the process and consultations • All Home • ANEW • Birth to Three Family Development Center • Boys and Girls Clubs of King County • Building Changes • Catholic Community Services of Western Washington • CHI Franciscan • Child Care Resources • Children's Therapy Center • Circulo de Mamas • Communities In Schools of Federal Way • Consejo Counseling and Referral Service • Crisis Clinic • Department of Children, Youth and Families • Department of Commerce • Domestic Abuse Women's Network (DAWN) • Emergency Feeding Program • Fair Housing Center of Washington • Federal Way Chamber of Commerce • Federal Way Community Caregiving Network • Federal Way Senior Center • Full Life Care • FUSION • Habitat for Humanity Settle -King County • Health Point • Hospitality House • Institute for Family Development • Kent Youth & Family Services • King County • King County Bar Foundation • King County Housing Authority • King County Sexual Assault Resource Center • Kona Kai • Mother Africa • Multi -Service Center • Nexus Youth and Family Services (formerly Auburn Youth Resources) • Orion • Partner in Employment • Pediatric Interim Care Center • Puget Sound Training Center • Public Health of Seattle -King County • Sound Generations • Sound Mental Health • South Sudan Kuku Association of North America • St. Vincent De Paul Society • Valley Cities Counseling & Consultation • Washington Engage • Washington Low -Income Housing Alliance • Washington Poison Center • YWCA Identify any Agency Types not consulted and provide rationale for not consulting To be included following the public comment period. Other local/regional/state/federal planning efforts considered when preparing the Plan The Continuum of Care (CoC), which is overseen by All Home King County. The City of Federal Way is working with All Home and other communities in South King County to implement the new Strategic Plan that replaces the Ten -Year Plan to end Homelessness. Federal Way Annual Action Plan 6 2018 AP -12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Consultation and citizen participation are critical elements of the plan. The value of citizen participation includes: 1) hear the community's recommendations on how the City should invest its CDBG dollars; 2) consult with individuals who may not initiate contact with the City because of language/cultural differences or who do not come from experiences where government sought their opinions; and 3) convene public hearings and meetings to increase opportunities for housing providers, service agencies, and healthcare organizations to come together and discuss how they can coordinate services and pool funding to achieve the greatest impact. Such consultation and citizen participation are ongoing aspects of the City's administration of its CDBG program. The City regularly engages service providers and citizens in discussions regarding community development and human services needs. The City continuously seeks input by meeting with individuals and organizations on an ongoing basis. Organizations that receive funding are monitored throughout the year and discuss trends and emerging needs with City staff. The City also has planning and citizen participation specifically to address homelessness and community development by meeting regularly with human service providers, other local cities, and other funders to seek solutions to local and regional community development problems. Federal Way Annual Action Plan 7 2018 Expected Resources AP -1S Expected Resources — 91.420(b), 91.220(c) (1, 2) Introduction The City of Federal Way anticipates having the following funding sources available during the 2018 Program Year: • CDBG • Program Income • City General Fund (targeted to human services/public services) • Section 108 Loan Pre -award costs incurred prior to the agreement with the U.S. Department of Housing and Urban Development are allowable under the waiver granted via Notice CPD -18-01. Pre -award costs incurred by projects included in the 2018 Annual Action Plan will not impact future projects or future years' funding. The incurred costs are necessary to the implementation of the activities and for continuity of services to the community. Anticipated Resources Table 1 - Expected Resources — Priority Table Program Source of Uses of Funds Expected Amount Available Year 4 Expected Amount Narrative Description Annual Program Prior Year Total: Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of Con. Plan $ CDBG public Acquisition, $ 721,159 $34,185 $ 339,888 $ $721, 159 CDBG funds - Admin and 1,095,232 leverage federal Planning, additional Economic federal and Development, state funds. Housing, Agencies are Public able to Improvements, combine Public Services funding sources in order to provide a wider range of services to the community. Federal Way Annual Action Plan 8 2018 Program Source of Uses of Funds Expected Amount Available Year 4 Expected Amount Narrative Description Annual Program Prior Year Total: Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of Con. Plan $ General public Public Services $516,000 $0 $0 $516,000 $516,000 The City Fund - local provides general fund grants annually to agencies and organizations that deliver services in support of low- and moderate- income persons and households, those with special needs, and the homeless. These funds are used in cooperation with CDBG public services dollars. Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied CDBG funds do not require a match. CDBG funding for public services and public facility projects is only a portion of the total funding required. The City encourages applicants to secure other funding for projects in order to leverage resources to the extent possible. Federal Way Annual Action Plan 2018 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Federal Way owns the property upon which the Performing Arts and Event Center (PAEC) was built. As described in this plan, the PAEC has and will continue to generate jobs both directly and via acting as a catalyst for redevelopment of the City Center area in Federal Way, resulting in additional jobs. Because the City used Section 108 Loan funds in support of the PAEC development, jobs created through the facility and as a result of related development are available for low- and moderate -income persons. Discussion CDBG and Section 108 Loan funds will be used to support eligible activities in accordance with CDBG regulations. Federal Way Annual Action Plan 10 2018 Annual Goals and Objectives AP -20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Table 2 - Goals Summary Sort Goal Name Start End Category Needs Addressed Order Year Year 1 EXPAND ECONOMIC 2016 2019 Non -Housing Economic Development OPPORTUNITIES Community and Job Growth Development Funding Goal Outcome Indicator CDBG: $338,439 Jobs created/retained: 7 Jobs Businesses assisted: 90 Businesses Assisted People Assisted: 108 People Goal Name Start End Category Needs Addressed Year Year 2 PROVIDE DECENT, 2016 2019 Affordable Housing Affordable Housing AFFORDABLE HOUSING Preservation Funding Goal Outcome Indicator CDBG: $254,500 1 transitional housing unit added; 86 affordable housing units preserved Goal Name Start End Category Needs Addressed Year Year 3 ESTABLISH SUITABLE 2016 2019 Non -Housing Ensure a Suitable Living LIVING ENVIRONMENTS Community Environment Development Funding Goal Outcome Indicator CDBG: $358,293 Public Service activities other than Low -and Moderate - Income Housing Benefit: 261 Persons Assisted Housing Units Resolving Violations: 100 Families assisted with Housing Repair: 8 Federal Way Annual Action Plan 11 2018 AP-35 Projects - 91.420, 91.220(dJ___ Introduction Federal Way's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing, expand economic opportunity, and provide a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services are provided to the community in use of the funds. Table 3 — Project Information # Project Name 1 Program Administration 2 Housing Repair Program 3 Debt Service on Federal Way PAEC Section 108 Loan 4 Code Compliance 5 Federal Way Community Center Inclusion Program 6 Hospitality House 7 MSC Rental Assistance 8 MSC YES Program 9 Orion Employment Services 10 Pediatric Interim Care Center 11 Apprenticeship & Non-traditional Employment for Women (ANEW) 12 Highline Economic Development Program 13 FUSION — FUSION Transitional Housing 2018 14 Multi -Service Center- Villa Capri Security Door Renovation 15 NRSA Street Lighting Project Describe the reasons for allocation priorities and any obstacles to addressing underserved needs In establishing the priorities for activities to meet the needs of the City, activities are being considered which are likely to be of high impact. The City looked to its own initiatives and goals to determine how to best to build on efforts already underway which could impact the economic problems affecting low - and moderate -income persons. This has led the City to develop strategies with a focus on economic revitalization activities and job creation, safety net/self-sufficiency services, and protecting/enhancing housing owned or rented by low- and moderate -income households. In order to continue services helping populations who are risk, the City allocated the maximum possible to services that have proven to be effective in the past. The City placed a significant amount of the resources into the economic development activities for job creation and allocated funding for microenterprise technical assistance; and, in order to begin working on affordable housing needs, identified funds to maintain owner -occupied housing. The City has chosen to place 100% of program funds toward activities which primarily benefit low- and moderate- income households and will assure that a minimum of 70% of program resources will benefit low- and moderate -income households. Federal Way Annual Action Plan 12 2018 AP -38 Project Summary Project Summary Information 1 Project Name Program Administration Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Economic Development and Job Growth Affordable Housing Preservation Ensure a Suitable Living Environment Funding CDBG: $144,000 Description CDBG Program Planning & Administration for PY2018 Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities Location Description 33325 8th Avenue S, Federal Way, WA 98003 Planned Activities CDBG Administration 2 Project Name Housing Repair Program Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $175,000 Description Housing repair program helping low/low mod income homeowners repair their homes to a safe condition. Target Date 12/31/2018 Estimate the 8 Families (20 individuals) will benefit from this program. number and type of families that will benefit from the proposed activities Location Description Recipients must be homeowners living in the City of Federal Way. Planned Activities Housing repair for extremely low-, low-, and moderate -income homeowners. Work is primarily focused on interior health and safety issues, though roofs and ADA accessibility improvements are also considered on a case-by-case basis. Federal Way Annual Action Plan 13 2018 3 Project Name Debt Service on Federal Way PAEC Section 108 Loan Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $235,261 Description Annual Debt Service on Federal Way PAEC Section 108 Loan including quarterly Interest payments until the loan is permanent and one anticipated principal payment in 2018. Target Date 12/31/2018 Estimate the 7 jobs will be created. number and type of families that will benefit from the proposed activities Location Description 31510 20th Avenue South, Federal Way, WA 98003 Census Tract #53033030006 Planned Activities Debt service on the expected Section 108 Loan for the PAEC. A portion of the annual grant will be directed to debt service for the Section 108 Loan for the full term of the loan, which will be 20 years. The annual amount for a full year of debt service is expected to be approximately $200,000 per year over - the 20 -year term. 4 Project Name Code Compliance Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $76,000 Description Support for staff to engage in code compliance related to City Zoning and related codes. Target Date 12/31/2018 Estimate the 100 Housing Units number and type of families that will benefit from the proposed activities Location Description Census tracts and/or block groups at or above 51% low- and moderate - income and either with signs of deterioration or in a deteriorated condition. Planned Activities Code Compliance Federal Way Annual Action Plan 14 2018 5 Project Name Federal Way Community Center Inclusion Program Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $35,246 Description The Inclusion Program provides social activities and classes for developmentally disabled adults. Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities 207 disabled individuals will benefit from this activity. Location Description The majority of activities will be provided at the Federal Way Community Center (876 S. 333rd Street, Federal Way, WA 98003). Some activities, such as camping trips, will be provided off-site. Planned Activities Social activities, such as recreational classes, life skills training, trips, and others will be provided. 6 Project Name Hospitality House Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $15,601 Description Homeless Women's Shelter Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities 5 individuals will benefit from this activity. Location Description Shelter services will be provided at 1419 SW 150th Street, Burien, WA 98166. Planned Activities Provide shelter and case management services to homeless women. Federal Way Annual Action Plan 15 2018 7 Project Name MSC Rental Assistance Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $23,112 Description Multi -Service Center will provide rental assistance to eligible Federal Way residents in crisis. Target Date 12/31/2018 Estimate the 46 individuals will benefit from rental assistance. number and type of families that will benefit from the proposed activities Location Description Services will be provided at the Multi -Service Center (1200 S. 336th Street, Federal Way, WA 98003). Planned Activities Individuals will receive short-term rental assistance to prevent eviction. 8 Project Name MSC YES Program Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $10,400 Description YES helps youth ages 16 - 24 to obtain their GED, secure employment and continue post -secondary schooling, as appropriate, while helping them to establish and work toward careers and living wage employment. Target Date 12/31/2018 Estimate the 15 individuals between the ages of 16 and 24 will benefit. number and type of families that will benefit from the proposed activities Location Description Services will occur at the Multi -Service Center (1200 S. 336th Street, Federal Way, WA 98003). Planned Activities Classes and training to help youth obtain their GED, secure employment, continue post -secondary schooling. Federal Way Annual Action Plan 16 2018 9 Project Name Orion Employment Services Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $10,400 Description Employment Services for disabled adults. Target Date 12/31/2018 Estimate the 2 individuals will benefit from this activity. number and type of families that will benefit from the proposed activities Location Job training will be provided at 1590 A Street NE, Auburn, WA 98002. Description Planned Activities Vocational counseling and skills training to obtain employment. 10 Project Name Pediatric Interim Care Center Target Area Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $6,934 Description Interim care of drug -exposed infants. Target Date 12/31/2018 Estimate the 1 infant will benefit from this activity. number and type of families that will benefit from the proposed activities Location Services will be provided at 328 4th Avenue S, Kent, WA 98032. Description Planned Activities PICC's services include infant transportation, 24-hour medical monitoring, nursing care, physician visits, narcotic assisted withdrawal, nutritional support for feeding difficulties, and other interim -level medical support (oxygen, PIC lines, etc.) as needed. PICC's social work staff facilitates family visitation, liaises with DSHS, and follows infants for six months after discharge to assure that they continue to thrive. PICC also provides educational and outreach services to the community on the recognition and care of drug -affected infants. Federal Way Annual Action Plan 17 2018 11 Project Name Apprenticeship & Non-traditional Employment for Women (ANEW) Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $5,778 Description Pre-apprenticeship training and employment services Target Date 12/31/2018 Estimate the 3 individuals will receive job training and employment services/case number and type management. of families that will benefit from the proposed activities Location Activities will be provided at Apprenticeship & Non-traditional Employment Description for Women (ANEW) (550 SW 7th Street, Renton, WA 98057) Planned Activities Individuals participate in one of two tracks: 1) Trades Rotation Program, a 12- week pre-apprenticeship training program with job placement and retention services for women in manufacturing and construction trades; and 2) the Career Connection Program, wrap-around employment services focusing on job placement and retention. 12 Project Name Highline Economic Development Program Target Area Goals Supported EXPAND ECONOMIC OPPORTUNITIES Needs Addressed Economic Development and Job Growth Funding CDBG: $87,000 Description Technical Assistance to microenterprise business owners, entrepreneurs, and start-up businesses. Target Date 12/31/2018 Estimate the 90 individuals will receive technical assistance. number and type of families that will benefit from the proposed activities Location Activities will be provided at Highline College (2400 S. 240th Street, Des Description Moines, WA 98198) Planned Activities Business advisors will provide one-to-one technical assistance and advising to business owners looking to start or grow their businesses as well as educational interventions that are aimed at enhancing small business, self- employment, and micro-enterprise in Federal Way. Federal Way Annual Action Plan 18 201EI 13 Project Name FUSION Transitional Housing 2018 Target Area Goals Supported PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $151,000 Description Purchase a single family home. Target Date 12/31/2018 Estimate the 1 family will benefit in 2018. number and type of families that will benefit from the proposed activities Location This activity will take place at a location to be determined. Description Planned Activities Acquire a single family home, condo, or townhome to be used as transitional housing. 14 Project Name Multi -Service Center Villa Capri Security Door Renovation Target Area Goals Supported PROVIDE DECENT AFFORDABLE HOUSING ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Affordable Housing Preservation Ensure a Suitable Living Environment Funding CDBG: $151,500 Description Replace entry, hallway, and stairwell doors. Target Date 06/30/2019 Estimate the 86 households will benefit. number and type of families that will benefit from the proposed activities Location This activity will take place at 2862125 1h Place S, Federal Way, WA 98003. Description Planned Activities Replace exterior, stairwell, hallway, and laundry facility doors with doors that provide greater fire safety and security for residents. Federal Way Annual Action Plan 19 2018 15 Project Name NRSA Street Lighting Project Target Area Neighborhood Revitalization Strategy Area in north Federal Way Goals Supported ESTABLISH SUITABLE LIVING ENVIRONMENTS Needs Addressed Ensure a Suitable Living Environment Funding CDBG: $16,000 Description Add a minimum of 10 LED street lights to the NRSA neighborhood with locations to be determined using a prioritization process including community outreach for review. Target Date 12/31/2018 Estimate the number and type of families that will benefit from the proposed activities Location This activity will take place at locations to be determined. Description Planned Activities Add a minimum of 10 LED street lights to the neighborhood. Federal Way Annual Action Plan 20 2018 AP -50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Federal Way will direct assistance throughout the community as needed. Rationale for the priorities for allocating investments geographically Persons and households in need exist throughout the City and resources are to be allocated as needed. Federal Way Annual Action Plan 21 2018 AP -85 Other Actions - 91.420, 91.220(k) Introduction The City of Federal Way has been and will remain involved in collaborative efforts that serve the needs of low- and moderate -income persons and households, the homeless, and those with special needs. The City participates on numerous committees, boards, and the like and works directly with agencies and organizations that provide services in order to enhance the level and quality of services in Federal Way and throughout South King County. Actions planned to address obstacles to meeting underserved needs The City is working with other communities in South King County to establish and enhance strong networks for community development and human services delivery. This includes working with service providers, stakeholders, the faith -based community, other government agencies, and those we serve directly to identify and overcome or mitigate barriers to meeting underserved needs. There are both on-going discussions among the parties to share information about current issues, as well as longer term planning to develop strategies, build public awareness, and enhance the support of elected officials for increased resources for the underserved. The City worked with two other cities to implement a Parallel Application process to the Human Services General Fund process. The Parallel Application focused on underserved communities with particular focus on organizations and programs serving communities of color, immigrants, and/or refugees. For 2017-2018, the City funded five programs for a total of $14,500 per year and have seen great success so far and look forward to reporting on the accomplishments after the completion of the first year. Actions planned to foster and maintain affordable housing The City operates the Home Repair Program, which is funded by CDBG and serves low- and moderate - income homeowners in Federal Way. The program provides emergency and standard repair and renovation services that help families remain in their homes. The program is a means of retaining and enhancing affordable housing and serves to support aging in place, as well as strengthening the neighborhoods in which the homes are located. The program does not specifically target households with elderly individuals, but does serve primarily older adults and often incorporates renovations that assist individuals in staying in their home longer with additions such as ramps, bathroom upgrades including grab bars and accessible showers, and so on. The City is including a project at Multi -Service Center's Villa Capri Apartments, which serves 86 low- income households at a given time. The project will replace 33 doors including exterior, stairwell, and laundry facility locations. Replacing the doors increases safety and security of the property and assists in the preservation of 86 affordable housing units. Preserving affordable housing not only works toward neighborhood revitalization but, as demand for affordable rental housing continues to grow, can be a less costly strategy than building new affordable housing stock. Actions planned to reduce lead-based paint hazards The City of Federal Way works to reduce lead-based paint hazards by complying with and requiring subrecipients to comply with the Lead -Based Paint requirements set forth in 24 CFR Part 35. This includes meeting the requirements for notification, identification, and stabilization of deteriorated Federal Way Annual Action Plan 22 2018 paint; identification and control of lead-based paint hazards; and identification and abatement of lead- based paint hazards. The Protect Your Family from Lead in Your Home pamphlet developed by the EPA, HUD, and the U.S. Consumer Product Safety Commission is also distributed.. Actions planned to reduce the number of poverty -level families Actions to reduce the number of poverty level families include funding small business and micro - enterprise training and technical assistance. Additionally, actions include maintaining and enhancing relationships with school-based mentoring programs that lead to increased graduation and college acceptance, working with businesses in the Town Center area adjacent to the PAEC to hire low-income residents consistent with the public benefit standards for the proposed Section 108 Loan, and outreach to increase opportunities for low-income residents to obtain livable wage jobs. Actions planned to develop institutional structure In 2018, the Community Services Division will: Update the Division website to include pertinent information for community-based organizations for planning and program implementation purposes, and for individual seeking resources for community development. Continue to advocate for additional resources for a coordinated approach to community development and planning to address poverty issues, affordable housing, job creation and community revitalization initiatives. Continue to participate in collaborative efforts with other funders, private sector groups and agency coalitions such as the COC. Actions planned to enhance coordination between public and private housing and social service agencies The City of Federal Way has regularly fostered relationships between these entities and will continue to develop and participate in these collaborations, including the South King Council of Human Services, South King County Housing Development Group, the King County Housing Development Consortium, South King Housing and Homelessness Partnership (SKHHP). As part of the SKHHP work group, the City of Federal Way and other local cities work with agencies to develop the system and advocate for coordination between housing and social service agencies. Discussion The expressed goal of the CDBG Program is to reduce the number of people living in poverty. The City gives funding priority to programs that, in addition to complying with Federal regulations, address a priority outlined in the Consolidated Plan, and are consistent with all of the goals and objectives identified. Federal Way Annual Action Plan 23 2018 Program Specific Requirements AP -90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction As a member of the King County HOME Consortium, the City of Federal Way will engage in housing activities, collaborations, and partnerships to enhance opportunities for equitable development and the creation/preservation of affordable housing. The Consortium will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice and to increase access to housing and housing programs. We value working together collectively to continue the work to develop a cohesive and coordinated homeless system that is grounded in the principle of Housing First and fosters shared outcomes. We are not a one size fits all system and as such, we invest in projects that ensure that homeless households from all sub -populations: • are treated with dignity and respect; • are returned to permanent housing as quickly as possible; • receive strength -based services that emphasize recovery, as needed; • are supported to graduate from temporary homeless housing as rapidly as possible and from permanent supportive housing as soon as they are ready; • receive only what they need to return to housing quickly and to be as self-reliant as possible. To establish and maintain a suitable living environment and expand economic opportunities for low- and moderate -income people, our investments across the Consortium in low-income communities, and for the benefit of low-income people, help to ensure equitable opportunities for good health, happiness, safety, self-reliance, and connection to community. Specific strategies include: 1) improve the ability of health and human services agencies to serve our low -and moderate -income residents safely and effectively; 2) improve the living environment in low -and moderate -income neighborhoods and communities; and 3) expand economic opportunities for low- to moderate -income residents of the Consortium. Community Development Block Grant Program (CDBG) — Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed: $0 2. The amount of proceeds from Section 108 Loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan: $0 3. The amount of surplus funds from urban renewal settlements: $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan: $0 5. The amount of income from float -funded activities: $0 Federal Way Annual Action Plan 24 2018 Other CDBG Requirements 1. The amount of urgent need activities: $0 The estimated percentage of CDBG funds that will be used for activities that benefit persons of low- and moderate -income. Overall Benefit - A consecutive period of one, two, or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low- and moderate -income. For PY2016, the percentage in this Annual Action Plan: 100.0% Federal Way Annual Action Plan 25 2018 This Page Left Blank Intentionally 6c COUNCIL MEETING DATE: March 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2018 PROGRAM YEAR CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) POLICY QUESTION: Should the City Council approve the 2018 Program Year Consolidated Annual Performance and Evaluation Report (CAPER)? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: March 12, 2019 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, CDBG/Human Services DEPT: CD Coordinator ,, % _ r, , to Attachments: 1018 ConsohYlated Annual Performance & Evaluation Report Options Considered: 1. Approve the 2018 Consolidated Annual Performance & Evaluation Report. 2. Do not approve the 2018 Consolidated Annual Performance & Evaluation Report and give staff direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Initial/Date Initial/Date q DIRECTOR APPROVAL: l 2- 7 COMMITTEE RECOMMENDATION: I move to forward the 2018 Consolidated Annual Performance & Evaluation Report to the March 19, 2019 City Council agenda for public hearing. JV Committee Chair Committee Member Comm' Member PROPOSED COUNCIL MOTION: "I move approval of the 2018 Consolidated Annual Performance & Evaluation Report and authorize the Mayor to execute all documents associated with the Report for submission to the U.S. Department of Housing and Urban Development. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 26, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jeffrey Watson, Community Services Manager Sarah Bridgeford, CDBG/Human Services Coordinator SUBJECT: 2018 Program Year Consolidated Annual Performance & Evaluation Report (CAPER) Background Information: In 2011, the City of Federal Way became a Community Development Block Grant (CDBG) entitlement community and adopted its first Consolidated Plan for the 2012-2016 program year period. In August 2014, the City was informed by the U.S. Department of Housing & Urban Development (HUD) that the City should begin to plan for use of the CDBG funding with King County because the City is part of the HOME Consortium, which led to the adoption of a new Consolidated Plan for the 2015-2019 program year period. The Consolidated Annual Performance & Evaluation Report (CAPER) informs HUD on how the City utilized CDBG funds to meet various goals. The CAPER is required for each year of the Consolidated Plan program period. The 2018 CAPER is for the fourth program year of the Consolidated Plan program period. The Human Services Commission considered the 2018 CAPER at its regular meeting on Monday, February 25, 2019, and voted 9-0 to recommend approval of the CAPER. In 2018, the City utilized $777,000 in CDBG funds to support entrepreneurs in developing their businesses, provide employment and education opportunities for residents, offer housing repairs to help residents keep their homes in safe, livable conditions, provide eviction prevention, and assist persons with disabilities in living independently. More information may be found in the Executive Summary, immediately following the cover page of the CAPER and in the Goals and Outcomes section on page 1. Rev. 7/18 -�k CITY OF Consolidated Federal Way Annual Performance and Evaluation Report (CAPER) PROGRAM YEAR 2018 FOURTH PROGRAM YEAR OF THE KING COUNTY CONSORTIUM CONSOLIDATED PLAN 2015-2019 Prepared by City of Federal Way Community Services Division Community Development Department For more information on the CAPER, contact: Si necesita esta informacion en espanol, Ilame al: Jeffrey D. Watson Community Services Manager (253) 835-2650 j effw a tso n@ c ityoffe d e ra I wa V. co m or Sarah Bridgeford CDBG/Human Services Coordinator (253) 835-2651 Sarah.Bridaeford@cityoffederalway.com City of Federal Way Community Development Department 333258 th Avenue South Federal Way, Washington 98003 www.cityoffederalway.com City of Federal Way Jim Ferrell Mayor City Council Susan Honda Deputy Mayor Lydia Assefa-Dawson Jesse Johnson Hoang Tran Mark Koppang Martin Moore Dini Duclos Human Services Commission Mary Schultz Chair Ken Stark Vice Chair Jack Stanford Jamila Taylor Jack Walsh Cynthia Ricks-Maccotan Julie Hiller Kathryn Scanlon Annette Cummings Anthony Pagliocco Betty Taylor Executive Summary The City of Federal Way was able to utilize roughly $1 million in CDBG funds to accomplish the following and more: • Support entrepreneurs with business development assistance resulting in the creation of jobs; • Provide employment and education opportunities for residents; • Offer housing repair programs helping families keep their homes in safe, livable conditions; • Help families remain in their homes and avoid homelessness through emergency rental assistance; and • Provide scholarship assistance for persons with disabilities to take classes that will help them live independently. The City, through partnerships and with the use of City general fund dollars, was able to provide affordable housing to 1,700 residents, expand services at the Day Center (established for adults) to provide laundry and other services for homeless families, and commit to the South King Housing and Homelessness Partners (SKHHP) to support affordable housing and address homelessness. These are just some of the accomplishments achieved in 2018. Table of Contents ExecutiveSummary ................................................................................................................................... 4 CR -05 - Goals and Outcomes....................................................................................................................1 CR -10 - Racial and Ethnic composition of Persons assisted......................................................................5 CR -15 - Resources and Investments 91.520(a).........................................................................................6 CR -20 -Affordable Housing 91.520(b)......................................................................................................9 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................12 CR -30 - Public Housing 91.220(h); 91.320(J)...........................................................................................16 CR -35 - Other Actions 91.220(J) -(k); 91.320(i)-(1)....................................................................................18 CR -40 - Monitoring 91.220 and 91.230...................................................................................................22 CR -45 - CDBG 91.520(c).......................................................................................................................... 23 AttachmentA..........................................................................................................................................24 AttachmentB..........................................................................................................................................25 AttachmentC..........................................................................................................................................27 Attachments A — PR 26 CDBG Financial Summary Report for Program Year 2018 B — City Council Approval of 2018 CAPER C — Affidavit of Publication for 2018 CAPER Public Comment Period CR -05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) During the fourth program year of the 2015-2019 Consolidated Plan, the City of Federal Way and community partners successfully utilized federal and local resources to: • Provide 244 persons with disabilities with classes and activities to help them live independently; • The City pursued a third party management company for the Section 108 funded Performing Arts and Event Center as a means to increase revenue and expand reach; • Complete the expansion of the supply of affordable housing as the home acquired in 2017 was fully renovated and was sold at an affordable monthly payment to a low- or moderate -income family; • Preserve and improve the existing housing stock through repair of single-family homes and code compliance corrections; 22 homes had repairs completed with another 2 in process and 160 households resolved code violations; • Provide employment services and 54 hours of tutoring to 17 youth; eight were placed in jobs; • Improve the quality of life of two drug addicted infants with 15 days of pediatric intensive medical care. Both infants have been weaned from narcotic medicines and are thriving; • Prevented homelessness by assisting 65 individuals with rental assistance; • Provided six persons with disabilities job training resulting in the two individuals who completed the program to date being placed in jobs; CDBG funds leveraged additional funding serving 27 additional Federal Way residents with employment training and placement services; • Expand economic opportunities by assisting 93 persons with technical assistance resulting in: o the creation of eight new business and jobs; o two business expansions; 0 12 existing businesses receiving assistance; and 0 73 potential startups receiving assistance. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 1 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g). Table 1 summarizes the outcomes for program year 2018 and the Consolidated Plan to date. Some numbers are lower than anticipated and others are included here that were not in the consolidated plan. For the items included here that were not in the consolidated plan, the activities were recharacterized while working with HUD, including tenant based rental assistance. Several projects were delayed due to the delay in receiving 2018 funds and will be implemented and completed in 2019. These projects include the renovation at Multi -Service Center's Villa Capri to preserve affordable housing, a streetlighting project in the NRSA, and FUSION's acquisition project for a new transitional housing unit. The Performing Arts & Event Center, which was completed and began operations in the third quarter of 2017, and the proposed, adjacent hotel, are expected to create jobs in overall numbers consistent with the Section 108 loan application. The City of Federal Way has communicated with the Seattle Office of HUD that the hotel has been delayed and is still expected to be constructed and create jobs as part of the Non -Housing Community Development "jobs created/retained" indicator in Table 1. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 2 C 41 loll o loll, M o o M oCD y O. 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Twenty-five percent of the persons served were multi -racial, 47% white, 22% African-American, and 3% where Asian. Thirteen percent of the persons served were Hispanic. According to the Census, the population in the City of Federal Way is 51.6% white, 16.2% Hispanic, 14.2% Asian, 9.7% African American, and 6.6% are Multi -racial. African Americans and multi -racial families are disproportionately represented amongst those in need in the City. The City will continue to work with our community partners to ensure culturally appropriate services are provided to meet the needs of our diverse citizens. In addition, we will continue to address barriers that marginalize those most in need from achieving a suitable living environment, accessing economic opportunities, and accessing decent, affordable housing. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 5 CR -15 - Resources and Investments 91.520(a) Identify the resources made available Table 3 — Resources Made Available Source of Funds Source Resources Made Available Amount Expended During Program Year Entitlement Grant and CDBG Program Income $1,492,100 $777,397.94 General Fund Human Services Grants $516,000 $497,497 The City expended about 58% of its available CDBG resources during the third program year of the consolidated plan (2017). Program Income The resources made available (see Table 3 above) included program income. The City received the following program income during the program year: Program Income Resource Program Description Program Income CDBG Microenterprise Business Loan (IDIS Activity # 63, PY2013, Project ID #10) $ 4,200.00 CDBG Housing Repair Program $11,876.71 TOTAL $ 16,076.71 In 2013, the City utilized funds for a Microenterprise Business Loan program to expand economic opportunities. A loan of $18,500 was awarded to Universal Cartridge LLC for equipment purchase. During the 2018 program year, the City received monthly loan payments totalling $4,200. These funds were used to support the City's CDBG program via funding of eligible activities. The City operates the Housing Repair Program, which offers zero percent interest, deferred loans. Loans are payable upon refinance or sale of the home. In 2018, three loans were repaid resulting in $11,876.71 in Program Income. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 6 Identify the geographic distribution and location of investments Table 4 – Identify the geographic distribution and location of investments Target Area Planned Percentage of Actual Percentage of Narrative Description Allocation Allocation Most of the City's CDBG funding during the Program Year was Citywide except for the following: CDBG City Code Enforcement (Compliance) The CDBG City Code Enforcement (Compliance) program was implemented only in those areas of the City where 51% or more of the residents were low income and that were showing signs of detioration. (See map, Perecentage of Low to Moderate Income by Block Group for the City of Federal Way). In addition, CDBG Code Enforcement must be in areas of deterioration Percentage of Low to Moderate Income by Block Group defined as one or more of the �oaeCa pl— _ F following conditions: • A significant number of documented graffiti tags within the prior year; - • A significant number of existing code violations and/or complaints; E, • The presence of vacant or abandoned buildings as ^•�y„„h i determined by periodic field observations; • The presence of unsafe structures or buildings in Legend $............i ..... ................� severe disrepair affecting Low to Mod Percentage ea5 $ the overall appearance of the neighborhood ash° determined by periodic INN .................. field observations; �”�""'�'"•`�"'���"`-„��,...a•.o...a I. _. ' Census Legend: Re zolo ceo: s, zota • Unkempt outdoor 2010 Ceneus Block Groups [`~ 2010 Census Tran landscaping, trash Low Mod Percentage Federal Way enclosures or cans, # Census Block Group discarded furniture, indoor ?00 Census Tract furniture, or appliances being used in the outdoor areas as determined by periodic field observations or complaints; and • Deleterious land uses as determined by higher area crime statistics. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 7 The City has other public or private improvements, rehabilitation, or other programs/services that, together with CDBG Code Enforcement, may be expected to arrest the decline in the area: • Housing Repair Program (City's "HRP"); • Graffiti Removal Program; • Community Education on Code Enforcement; and • Other City and community partner investment in redevelopment or rehabilitation projects (e.g., Habitat for Humanity Exterior Housing Repair Program). North Federal Way Neighborhood Revitalization Strategy Area (NRSA) The City established a Neighborhood Revitalization Strategy Area (NRSA) Plan for North Federal Way that was approved by HUD late in the 2016. Seventy-two percent (72%) of those living in the NRSA are low- to moderate -income, over half are from a minority group, and over a third of the residents are under the age of 18. The City will bring the North Federal Way community together to collectively design and implement the programs and projects that will address identified needs included in the plan. In 2018, the continued to work with the Build the Bridge coalition on how to best bring services to the NRSA. This included prioritization of activities for the coalition and support of the City as it prepares to implement a streeting lighting project and baseline survey The streetlighting City of Federal Way NRSA within j Federal Way o t Mr. _ Kent Moines _ s a-2Nn sr S 288TH ST d W3 H T SW 320TH ST S TH S o 1 '� Federal i NOR— yMU RF �'P VGi%k V.l.. .� Wsu%,Aubum TT . N iri• SW CAMPUS S 336T ST Tacotna 348TH ST SW 356TH ST ! `4, � Legend t QCity limits AIW .n _ NR 5A Boundary • • • • • Y� .. . iins vrr • • • King County n3l" Edg--d F,ts Federal Way This map 1 mended W use m a prooniul rcpefentaEor Tne Cityof Fedml Way makes no warranty as to Ms —u—, project was delayed due to the delay in funding as was rehabilitation of an affordable housing complex in the NRSA. Both projects will complete in 2019. Additionally, the City completed a competitive funding process to allocate 2019 funds to the NRSA to address economic opportunities and preservation of affordable housing. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 8 Leveraging Explain how federal funds leveraged additional resources (private, state, and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction were used to address the needs identified in the plan. In addition to the City's general fund grants, the City was able to leverage $215,654.20 in private, state, and local resources. There is no publicly owned land or property located within the jurisdiction that was used to address the needs identified in the plan. CR -20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate -income, and middle-income persons served. Table 6 - Number of Households Supported OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 9 One -Year Goal Actual Number of households supported 0 1,719 through rental assistance Number of households supported 0 0 through the production of new units Number of households supported 16 22 through the rehab of existing units Number of households supported 0 0 through the acquisition of existing units Total 1,741 OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 9 Discuss the difference between goals and outcomes and problems encountered in meeting these goals. With the City's Housing Repair Program, seven households received vital home repairs and Habitat for Humanity served sixteen households with repair. The City's project has an additional two households that either have completed or will be completed in 2019. In 2017, Habitat for Humanity acquired a single family home in Federal way and began the process of rehabilitating the home. Rehab finished in June of 2018 and it was resold at an affordable price to a four person low-income household from Federal Way. Through various partnerships, we successfully provided rental assistance to 2,251 households: * King County Housing Authority (KCHA) provided 1,700 Section 8 Housing Choice Vouchers; • The Multi -Service Center assisted 65 individuals from 19 households with their emergency program (CDBG funded); and • 483 households were assisted by Catholic Community Services, St. Vincent de Paul, and Federal Way Community Caregiving Network (all funded with City Human Services General Fund grants). The program helps people with basic needs including rent assistance, meals, hygiene products, socks, blankets, jackets, and laundry. KCHA holds the Moving to Work (MTW) designation and, therefore, has more flexibility in the use of their resources than non-MTW housing authorities. We are fortunate to have a housing authority with such high designation to partner with to provide affordable housing choice to residents. KCHA's goal to expand access to high opportunity neighborhoods has led to residents with Housing Choice Vouchers being able to relocate to neighborhoods with higher performing public schools and easier access to employment, and job training opportunities. Through the Community Choice Program, KCHA provides counseling and services that help families with young children make informed and appropriate choices about new neighborhoods. With the implementation of the new multi -tiered payment standards, KCHA has enabled Housing Choice Voucher subsidies to reflect the true market rents in our diverse region. Federal Way residents with Housing Choice Vouchers have more affordable housing options since their subsidy is in line with the city's current market rental and utility rates. KCHA's Payment Standards example for Federal Way* Studios 1 BR 2 BR 3 BR $1,010 $1,220 $1,490 $1,940 4 BR 5 BR 6 BR $2,470 $2,840 $3,210 OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 10 *Payment standards are based on zip code. The payment standards included are for the 98003 zip code and may vary slightly from other zip codes. The standards included took effect on January 1, 2019. Discuss how these outcomes will impact future annual action plans. The City is committed to affordable housing opportunities for residents. The City will continue to invest in the preservation of existing housing, especially for owner -occupied low- and moderate- income residents. The City continues to work with a variety of agencies to ensure any needed services are available to residents of affordable housing properties. With the completion and HUD approval of the North Federal Way NRSA Plan, future CAPERS will include programs and projects to address preservation of affordable housing and services to help residents remain in their housing. Include the number of extremely low-income, low-income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Persons Served CDBG Actual HOME Actual Extremely Low-income 85 0 Low-income 364 0 Moderate -income 45 0 Non-Low/Moderate 0 0 Total 487 0 Table 7 — Number of Persons Served The City expended the majority of its CDBG funds during the Program Year to provide assistance to low and very -low income residents. Of the activities required to serve clients that are low- and moderate - income, a total of 487 persons were assisted. (Note that planning and administrative activities are exempt from the low- and moderate income activity calculation). Nine percent of those served were moderate -income, 74% were low-income, 17% were extremely low-income, and 0% were non- low/moderate income. The City will continue to work with community partners to serve low and extremely low-income residents. In addition, the City will continue partnerships to provide services that help special needs population, (persons with disabilities, homeless, etc.) to live independently. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 11 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs All Home King County Strategic Plan The City is not a direct service provider. However, working with our community partners, the City provides funding to agencies that work in concert with All Home King County, the countywide effort to end homelessness. Part of the All Home Strategic Plan is a coordinated entry system where there are regional access points for homeless persons to get immediate assistance including assessment. The regional entry points enable homeless persons to have easier access to assistance. Under the previous system, intakes for assessments were at a few locations. With the regional Homeless Management Information System (HMIS) and the regional coordinated entry system, homeless persons have easier access to intake, assessments, and case management. With the completion of the coordinated entry regional access system, we are hopeful that more homeless in Federal Way will have access to shelters countywide, in addition to immediate case management. One of the City's invaluable community partners, Multi -Service Center (MSC), was designated one of the regional intake centers. With an on-site food bank, ability for intake, and immediate referral, we are excited about MSC services to assist the homeless in the City and our region. City Homeless Services/Planning The City of Federal Way continues to face increases and changes to homelessness. In 2017, the City convened the Hornless Mothers and Children Initiative to work on filling a gap for emergency shelter for families. The Initiative worked on various solutions by engaging local service providers and the faith community. The Initiative's work in Program Year 2017 led to the opening of a cold weather shelter for families at a local church, New Hope Christian Fellowship. The shelter ran through the beginning of April of 2018. The City recognizes that encampments and increases to homelessness in the region are leading to increases in concerns about property and other effects on the community. While the City continues to work with private property owners on reducing encampments and their effects, the City recognizes that this is not a strategy to help residents move out of homelessness. The City started a Homeless Taskforce in 2018 with the goal of developing a strategic plan including how the City of Federal Way is part of the regional crisis and regional strategies. The report was issued in December of 2018 and the City is pursuing prioritization of the strategies and activities and ways to best implement the plan. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 12 South King County Housing and Homelessness Partnership The City of Federal Way is participating with nine other cities in South King County to act cooperatively in an undertaking to support affordable housing and efforts to address homelessness. The undertaking is the South King Housing and Homelessness Partners (SKHHP) which is expected to begin operating in the spring of 2019. SKHHP will formulate affordable housing policies and strategies that address housing stability, foster efforts to preserve and provide affordable housing by combining public funding with private -sector resources, support implementation of the goals of the Washington State (the "State") Growth Management Act and related countywide planning policies, and seek means to address the causes and effects of homelessness. Other Community Responses The concept of Safe Parking, while controversial, is recognized by many homeless providers as an emergency housing solution for homeless individuals and families who utilize their vehicles as shelter. A Walmart and another grocery retailer in the City allow homeless persons to park their vehicles overnight in the store parking lot and utilize the store restrooms. The 24-hour store is located in the heart of downtown and in proximity to Pacific Highway (Highway 99), Interstate 5, and public transportation. Homeless persons staying in their vehicles are able to register and then allowed to stay for a few nights at a time. During the program year, both public libraries in the City and the main lobby of the Federal Way Community Center were available to be opened during inclement weather. The libraries serve a need by offering meals and information and referrals to local services such as the Day Center. The Community Center was made available as a warming center on the coldest days or during severe weather. The Center includes a small cafe, fire place, and cafe seating and is open until 9 PM on most weeknights, providing a safe place for persons with access to shelter from the weather during day time hours in periods of inclement weather. New Hope Christian Fellowship continued to offer overnight shelter in severe weather to adults and an occasional family. With community partners, mapping of the regional emergency services is underway. The referral resource line 211 maintains real-time services and programs to aid those in need. During the Program Year, 211 utilized $10,000 in City general funds to provide information and referral to 5,480 Federal Way residents. Addressing the emergency shelter and transitional housing needs of homeless persons The City annually provides general funds to support a variety of human services programs. During the Program Year, the City expended $64,250 in general funds to programs that provided 3,491 shelter bed nights, and 3,940 bed nights of transitional housing to 129 individuals. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 13 Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs In addition to CDBG funds, the City provided general funds for homeless prevention including: • $57,600 for programs that provided rent and utility assistance to 1,728 individuals to prevent homelessness; • $30,000 for childcare, after school programs, mentoring, education, employment programs, case management, and other services for over 1,735 youth; • $78,910 for 1,780 hours of mental health counseling and substance abuse treatment to 488 youth and their families; • $53,740 to provide 29,989 medical service visits and 515 hours of therapies to 9,217 individuals and 9,331 dental care visits to 3,549 persons; • $10,000 for 471 shelter bed nights for 12 individuals fleeing domestic violence; • $5,000 to assist 1,069 individuals in 551 households with 1,092 hours of legal assistance and case management to address eviction; • $42,000 to provide 10,454 individuals with 22,109 visits to the food bank; • $5,000 for 9,432 meals for 1,002 Federal Way residents who, without assistance, would not have enough food; • $21,000 to assist 285 persons with sexual assault services including 1,677 hours of advocacy; • $53,000 to provide 1,552 persons with housing repair and chore assistance, meals, transportation, and day health services in order to help older adults and persons with disabilities remain in their homes; and • $15,000 to assist 293 persons fleeing domestic violence with 1,450 hours of counseling, case management, and/or advocacy. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Many of the City's funded programs in the previous question provide services to prevent individuals and families who were recently homeless from becoming homeless again. To combat family homelessness, King County Housing Authority expanded its Student and Family Stability Initiative (SFSI) with Highline OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 14 School District (located in South King County). SFSI is part of our countywide Rapid Re -Housing program that provides homeless students and their families with short-term rental assistance, security deposits, and individualized case management and employment services. SFSI has been effective in stabilizing children in the classroom and reducing school district McKinney-Vento mandated transportation costs. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 15 CR -30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City is within the jurisdiction of the King County Housing Authority (KCHA). KCHA owns three public housing developments, one subsidized housing property, and a moderate income apartment complex within the City limits. The waiting list for public housing is several years long. Waiting list preferences are for those who are homeless or at -risk of losing housing, living in substandard -condition housing, at or below 30% of the area median income (unless you already receive a rental subsidy), and paying more than 50% of household income on rent and utilities. Priority is for families with children, age 55+, and/or disabled • Evergreen Court —for families, persons with disabilities, and seniors age 55+. Unit mix: 22 - 2 BR/113A, and 8 — 3 BR/1 BA. The garden variety complex is comprised of garden style adjoining bungalows and two-story structures. Evergreen Court is on a quiet cul-de-sac in proximity to the Commons Mall and public transportation (along Pacific Highway South). Amenities include unit laundry hookups and patios. • Federal Way Homes — for families, persons with disabilities, and seniors age 55+. Units: 3 — 3 BR/16A. The three single-family homes are located on quiet, residential neighborhoods scattered in the Northern parts of the City. Each home features carpeting, washer and dryer hookups, and large yards. Proximity to shopping, transportation, schools, etc., varies. These units are restricted to current Housing Authortity residents in good standing. • Kings Court —for families, persons with disabilities, and seniors age 55+. Units: 21— 2 BR/1 BA, 9 — 3 BR/1.5113A. Located just minutes from the Commons Mall and other major shopping, the quiet woody streets of Kings Court are three blocks from a major transportation corridor, Pacific Highway South (Highway 99). Amenities include backyard patios, community building with onsite laundry, and a neighborhood park cross across the street. • Laurelwood Gardens is a subsidized development complex for families, persons with disabilities, and seniors age 55+. Laurelwood Gardens is managed by a private company. There are 60 — 2 BR/16A, 23 — 3 BR/1 BA, and 8 —4 BR/1.5 BA units. Located within the North Federal Way NRSA, the property is beautifully landscaped and full of amenities. Pedestrian improvements are needed for access to Metro Transit bus routes on Pacific Highway (about five blocks to the West) and S. 288`h St. (about eight blocks North). There are limited pedestrian walkways and very low visibility with the winding roadway. Section 8 Housing Choice Vouchers are accepted at Laurelwood Gardens and there is no waiting list. • Cove East is a moderate -income complex serving families, individuals, persons with disabilities, and seniors age 55+. Cove East is also managed by a private company. The apartment complex is for those who can almost afford market rate housing. Tenants pay a flat rent, not a percentage of their income. Unit mix: 48 — studio/1 BA, 72 — 1 BR/1 BA, 24 — 2 BR/1 BA, and 46 — 2 BR/213A. According to property management, there are roughly 500 households on the waiting list; about twenty-four months wait for an available unit. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 16 During the Program Year, KCHA provided 1,700 Section 8 Housing Choice Vouchers to Federal Way residents. The Voucher program provides a subsidy to low-income households. Participants locate their housing either in the private market or some subsidized properties. The City Community Development Staff are active participants in the South King County Joint Planners and Development Work Group. The Work Group includes KCHA, local jurisdictions, developers, and others who want to affect housing policy, development, and similar issues within the region. City staff continues to support and provide input on KCHA administration, policies, and programs through the Work Group. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City continues to work with KCHA to include residents of public housing and Section 8 Housing Choice Vouchers in KCHA administration and property management. The City supports KCHA Resident Services and their efforts to enroll residents in the Family Self -Sufficiency (FSS) program which includes homeownership opportunities. At the end of the program year, over 40 Federal Way residents were active in the FSS program Residents of KCHA services are encouraged to participate on the KCHA Resident Advisory Committee (RAC). The Committee is representative of residents in a variety of KCHA programs. It meets regularly to provide feedback to KCHA officials. The Committee's input helps KCHA develop better policies and procedures that impact residents. A voice for resident communities, the RAC meetings are open to the public and are geographically formed to ensure large participation. The North and Eastside RAC meet as one group in the North or East part of the county. The South RAC meets at various sites in the south part of the County. Joint RAC meetings are held at least twice a year at the KCHA administrative building. KCHA management solicits input from the RAC in the development of the Annual Moving to Work report including establishing priorities, ideas on proposed programs and initiatives, and reviewing accomplishments. KCHA is one of only 39 public housing authorities (PHAs) that are part of HUD's Moving to Work (MTW) demonstration program. MTW provides PHAs the opportunity to design and test innovative, locally - designed strategies that use Federal dollars more efficiently, help residents find employment and become self-sufficient, and increase housing choices for low-income families. MTW gives PHAs exemptions from many existing public housing and voucher rules and more flexibility with how they use their Federal funds. KCHA has participated as an MTW agency since 2003. Actions taken to provide assistance to troubled PHAs KCHA is a high performing public housing authority. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 17 CR -35 - Other Actions 91.220(j) -(k); 91.320(i) -(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) Federal Way Community Development staff meets regularly to monitor regulations, ordinances, policies, zoning, building codes, and development fees to ensure the requirements do not create an unnecessary or extraneous barrier to affordable housing. In addition, the City participates in the South King County Joint Planners and Development Work Group, and the Puget Sound Regional Council (PSRC) to identify and eradicate regional policies that constrain affordable housing. City of Federal Way Affordable Housing Availability % of Area Median % Affordable Needed % of Affordable % of affordable % of All Income (AMI) 51-80% (Moderate) 31-50% ( Low) 30% & Below (Very / Extremely Low) Sum to meet WA State Renter Owner Growth Management Occupied Units Occupied Units Act (GMA) Occupied Units Deemed Affordable 16% 37.2% 24% 26.2% 12% 41.7% 4.2% 20.4% 12% 3.5% 1% 2% 82.3% 29.2% 48.6% Source: U.S. Census Bureau, 2010-2014 American Community Survey 5 -year Estimates The Growth Management Act (GMA) requires that the city identify sufficient land for housing, including, but not limited to, government -assisted housing, housing for low-income families/persons, manufactured housing, multi -family housing, group homes, and foster care facilities. It also requires the plan to provide for existing and projected housing needs for all economic segments of the community as illustrated in the table above. Many of the City's multi -family housing units are more than twenty years old and some are in need of major rehab. This is certainly the case for the majority of the 1,273 mobile homes within the City limits. With 82% of the city's multi -family housing affordable to moderate and lower income households, housing preservation is a priority for the City. While the City exceeds the requirements for affordable housing for low- and moderate -income residents, there is still a need to provide housing for very low income groups in accordance with the GMA. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 18 The Federal Way School District, which provides education for Federal Way and some adjacent jurisdictions, increased the school impact fee for multi -family units in Federal Way to $20,086 per multi- family dwelling unit for 2018.The District increased the fee for single family dwelling units to $6,842 per unit. The new fees may be a barrier to the development of new affordable housing. The City Council began considering tenant protection policies such as rental inspection programs in fall of Program Year 2017. Potential policies were evaluated in 2018 and the evaluation will continue into 2019. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) During the Program Year, the City utilized CDBG to fund three public services programs that meet the needs of underserved communities: • Inclusion Program received $35,246 to provide 244 persons with disabilities scholarships to take multiple life skills classes that prepare them to live independently; and • Employment Services Program received $10,400 to assist six disabled persons with job readiness and placement assistance, two of whom were placed in jobs by the end of the year. (Orion is the City's partner in providing employment training and placement assistance to disabled persons). Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) All housing rehabilitation projects complied with the lead-based paint requirements. As appropriate, City staff provided information concerning lead hazards to our project beneficiaries. Actions taken to reduce the number of poverty -level families. 91.220(k); 91.320(j) During the Program Year, CDBG funds provided emergency rent assistance to 65 low-income persons in the City to help them remain in their housing. Highline Community College received $87,000 in CDBG funds to assist 93 clients with technical assistance that resulted in eight new businesses and jobs and assisted 12 existing business while an additional 73 potential startups received assistance. Actions taken to develop institutional structure. 91.220(k); 91.320(j) City staff continued to share information and resources through their attendance at meetings of the South King County Regional Human Services Planner's meetings. The City's Community Services staff continued to meet with Highline College SBDC and Start Zone staff to provide technical assistance to entrepreneurs interested in starting new and expanding existing business. CDBG Program staff posted CDBG Program materials and announcements, such as the availability of the Environmental Review Record, Annual Action Plan, CAPER, and NOFA documents in the local newspaper and on the City's website, www.cityoffederalway.com, and distributed copies of all materials when OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 19 available to the general public, non-profit organizations, and elected officials. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City is an active participant in the South County Human Services Planners (SKCHS) group. SKCHS is comprised of local planners, social service agencies, human services organizations, and public housing authority staff. The purpose of the group is to coordinate efforts to ensure relevant and culturally appropriate human services are made available to those most in need within the region. The City staff will continue involvement with the SKCHS to improve the coordination between public and private housing and social service agencies. During the program year, three SKCHS members including the City of Federal Way undertook a pilot funding process to support small organizations that specialize in serving under -served, under- represented, and/or under resourced populations. As part of the pilot process, the participating cities dedicated a small portion of their 2017-2018 general fund human services budgets for small organizations (budget up to $200,000), that serve racially, ethnically, and disadvantaged residents. Additionally, the pilot process is to help South King County funders gain a better understanding of the needs of the organizations it is targeting, both from an organizational capacity perspective, and cultural engagement and competency perspective. The cultural competency aspect is about both the funders and the agencies; in order to serve them better, it is important to more fully understand how cities can respectfully engage agencies and how they engage the communities they serve. The pilot process incorporated a simplified application process. This pilot process fosters inclusiveness by widening the funding distribution list to provide opportunities to organizations that have historically been left out. The Seattle Foundation joined the partnership to provide matching funds for the organizations that are awarded funding through this pilot. The City funded five programs with five organizations. The City committed to the pilot for a second two-year cycle. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) During the Program Year, the City provided $5,000 in general funds to the King County Bar Foundation to support the Pro Bono Services Housing Justice Project and Neighborhood Legal Clinics. The Pro Bono Services (PBS) utilizes volunteer services of roughly 1,300 attorneys to provide free legal services to low- income tenants. Program services include: • Assessments of client's individual legal needs, • Advice and education regarding rights and responsibilities, and • Representation to resolve legal matters. The PBS program thrives to eliminate the barrier of inadequate access to legal assistance for OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 20 economically disadvantaged and immigrant populations, a barrier identified in the Analysis of Impediments to Fair Housing Choice. As a result of the free legal assistance, the PBS program is able to prevent homelessness, provide family safety and stabilization, and assist marginalized individuals in navigating the legal system as they seek to preserve basic human needs. In addition, the King County Bar Association is dedicated to increasing the diversity in the legal profession to ensure clients receive culturally relevant services. Over 551 households (1,069 individuals) were assisted with 551 hours of legal services and 541 hours of case management. More than half of the households assisted obtained counsel and advice, which can be the most effective service because it can prevent an eviction filing. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 21 CR -40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements During the Program Year, all CDBG Public Services programs received desk monitoring and most had onsite monitoring. While most of the programs were meeting goals and maintaining required documentation, some recommendations about processes were recommended as a result of the monitoring. There were no findings or reduction/elimination of sub -recipient funding as a result of the monitoring. Monitoring of all CDBG projects and activities was conducted on a frequent basis throughout the Program Year. The Public Services activities were monitored in terms of outcomes, goals, and supporting documentation. Reports were reviewed to ensure that contract targets were being met, demographic information was being collected, and expenditures were reviewed. The remote monitoring of invoices submitted for payment and quarterly reports did not reveal any instances of non-compliance. The City monitored every project as part of the City implemented Housing Repair Program and Habitat for Humanity's Neighborhood Repair/Critical Revitalization. Every project file was thoroughly examined. Individual project sites were visited at the scope development phase and during various phases of construction. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The CAPER's Notice of Public Comment Period was advertised in the City's Newspaper of Record. Citizen comments and suggestions are being encouraged regarding development of the Program Year CAPER during the 30 -day public comment period that began Friday, February 15, 2019 and will end Tuesday, March 19, 2019. Citizen comments were encouraged for submission via telephone, letters, email, in person, and mail. The draft CAPER was emailed to many agencies and community partners. Public hearings regarding the CAPER will be held at the February 25, 2019 Human Services Commission and the City Council meeting on March 19, 2019. The CAPER is posted on the City's website at www.cityoffederalway.com during the public comment period. A hard copy of the CAPER is made available at City Hall and both public libraries in Federal Way. No public comments have been received to date. Any comments received will be incorporated into the final CAPER. OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 22 CR -45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. N/A Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? M [BEDI grantees] Describe accomplishments and program outcomes during the last year. N/A OMB Control No: 2506-0117 (exp. 06/30/2018) City of Federal Way 2018 CAPER Page 23 Attachment A PR 26 CDBG Financial Summary Report for Program Year 2018 Office of Community Planning and Development DATE: 02-15 U.S. Department of Housing and Urban Development TIME: 13: Integrated Disbursement and Information System PAGE: PR26 - CDBG Financial Summary Report Program Year 2018 FEDERAL WAY , WA PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 751,022.79 02 ENTITLEMENT GRANT 721,159.00 03 SURPLUS URBAN RENEWAL 0.00 04 SECTION 108 GUARANTEED LOAN FUNDS 0.00 05 CURRENT YEAR PROGRAM INCOME 16,076.71 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 0.00 06 FUNDS RETURNED TO THE LINE -OF -CREDIT 3,841.25 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 0.00 08 TOTAL AVAILABLE (SUM, LINES 01-07) 1,492,099.75 PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 716,827.63 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT (*removed 2017 expenditures) (190,450.76) 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 526,376.87 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 102,189.99 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 159,000.00 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES (*removed 2017 expenditures) (10,168.92) 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 777,397.94 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) 714,701.81 PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 18 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 0.00 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 716,827.63 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT (*removed 2017 expenditures) (190,450.76) 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 526,376.87 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) 100.00% LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION PY: PY: PY: 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 0.00 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 0.00 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) 0.00% PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 166,967.93 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS (*removed 2017 expenditures) (75,328.02) 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 91,639.91 32 ENTITLEMENT GRANT 721,159.00 33 PRIOR YEAR PROGRAM INCOME 8,123.51 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 0.00 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 729,282.51 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) 12.57% PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 102,189.99 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 25,000.00 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS (*removed 2017 expenditures) (10,168.92) 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 117,021.07 42 ENTITLEMENT GRANT 721,159.00 43 CURRENT YEAR PROGRAM INCOME 16,076.71 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 0.00 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 737,235.71 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) 15.87% LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS Activity =rmatrix Activity Name matrix _ naoonar s _ _ Drawn Amount 2018 3 171 6231221 Services/Activities for Disabled Adults 056 LMC $35,246.00 169 6204074 Planning & Administration 21A $1,000.00 056 Matrix Code $35,246.00 2018 6 173 6231221 MSC Education and Employment Services 05H LMC $10,400.00 2018 7 174 6231221 Orion Employment Services 05H LMC $10,400.00 2018 10 176 6231221 ANEW Employment Services OSH LMC $5,778.00 $92,021.07 OSH Matrix Code $26,578.00 2018 8 175 6231221 Pediatric Interim Care 05M LMC $6,934.00 05M Matrix Code $6,934.00 2018 9 172 6231221 Rental Assistance 05Q LMC $22,881.91 OSQ Matrix Code $22,881.91 2016 3 150 6117436 PHANIVONG 30118 11TH PL S (*accounting correction) 14A LMH ($1,692.87) 2017 1 157 6197514 Housing Repair Program 14A LMH $14,676.71 2017 1 157 6200753 Housing Repair Program 14A LMH $17,514.44 2017 15 159 6202375 Neighborhood Revitalization/Critical Repair 14A LMH $89,694.71 2017 15 159 6231287 Neighborhood Revitalization/Critical Repair 14A LMH $63,034.55 2018 1 168 6200748 Housing Repair Program 14A LMH $13,453.41 2018 1 168 6231336 Housing Repair Program 14A LMH $10,295.46 14A Matrix Code $206,976.41 2018 5 170 6202375 Code Enforcement 15 LMA $57,000.00 2018 5 170 6231221 Code Enforcement 15 LMA $19,000.00 15 Matrix Code $76,000.00 2018 11 177 6231221 Highline Economic Development Program 18C LMC $87,000.00 18C Matrix Code $87,000.00 2013 13 147 6197698 PAEC Section 108 Planned Repayment - Interest 24B LMJFI $47,060.88 2013 13 147 6231287 PAEC Section 108 Planned Repayment - Interest 24B LM3FI $17,699.67 24B Matrix Code $64,760.55 Total $526,376.87 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan Year IDIS Project IDIS Activity „ voucner _ Activity Name matrix _ naoonar Drawn Amount 2018 3 171 6231221 Services/Activities for Disabled Adults O56 LMC $35,246.00 169 6204074 Planning & Administration 21A $1,000.00 0513 Matrix Code $35,246.00 2018 6 173 6231221 MSC Education and Employment Services 05H LMC $10,400.00 2018 7 174 6231221 Orion Employment Services 05H LMC $10,400.00 2018 10 176 6231221 ANEW Employment Services 05H LMC $5,778.00 $92,021.07 OSH Matrix Code $26,578.00 2018 8 175 6231221 Pediatric Interim Care 05M LMC $6,934.00 05M Matrix Code $6,934.00 2018 9 172 6231221 Rental Assistance 05Q LMC $22,881.91 OSQ Matrix Code $22,881.91 Total $91,639.91 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan Year IDIS Project IDIS Activity voucner „ Activity Name matrix _ nauonar _ _ Drawn Amount 2018 2 169 6202375 Planning & Administration 21A $64,764.24 2018 2 169 6204074 Planning & Administration 21A $1,000.00 2018 2 169 6231221 Planning & Administration 21A $700.00 2018 2 169 6231326 Planning & Administration 21A $25,556.83 21A Matrix Code $92,021.07 Total $92,021.07 Attachment B City Council Approval of City of Federal Way 2018 CAPER To be added after Council action. Attachment C Affidavit of Publication City of Federal Way 2018 CAPER To be added when received. 7a COUNCIL MEETING DATE:. March 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 Planning Commission Work Program POLICY QUESTION: Should the City Council adopt the 2019 Planning Commission Work Program as outlined in the staff report? COMMITTEE: Land Use & Transportation Committee MEETING DATE: March 4, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Margaret H. Clark, Principal Planner KO' Attachment: Staff Report DEPT: Community Development Options Considered: 1) Adopt the Mayor's recommendation as contained in the staff report; 2) Adopt the Mayor's recommendation as modified by the LUTC; or 3) Do not adopt the Mayor's recommendation. MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the 2019 Planning Commission Work Program as outlined in the staff report. MAYOR APPROVAL: DIRECTOR APPROVAL: 4 C�� ' nitial/Date COMMITTEE RECOMMENDATION: I move to forward the Mayor's recommendation to the ..11a'rch 19, 2019, City Council Meetingfor approval. Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2019 Planning Commission Work Program as recommended by the Mayor. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # K:\2019 Planning Commission Work Program\LUTC\Agenda Bill - Tina.doc CITY OF Federal Way Centered un opportuo%ty CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor Brian Davis, Community Developme Director FROM: Robert Hansen, Planning Manager Margaret Clark, Principal Planner OW1 SUBJECT: 2019 Planning Commission Work Program A. FINANCIAL IMPACTS The proposed code amendments and comprehensive plan amendments will have no financial impacts on the city budget. Completion of the amendments is contingent on staffing resources. B. BACKGROUND The Planning Commission's Work Program is approved every year by the City Council. This staff report summarizes: • Housekeeping Items Planned for Completion in 2019 • Non -Housekeeping Items Planned for Completion in 2019 • Items Completed in 2018 • 2018 Comprehensive Plan Amendments • 2019 Comprehensive Plan Amendments C. HOUSEKEEPING ITEMS PLANNED FOR COMPLETION IN 2019 The following list of items include actions to be considered, but do not necessarily include all "housekeeping" items that may come before the Council. Item Status Existing code requires the city to issue a threshold determination pursuant to the State In Environmental Policy Act (SEPA) within 30 days of issuance of a Letter of Completion, with Process the option for a 30 -day extension. This is not a requirement of cities planning under the Growth Management Act (GMA) and it is very difficult to meet the timelines. The purpose of a substantial development permit is to provide an approval process for any In development with a total cost or fair market value exceeding a certain dollar amount, which Process is recalculated every five years by the State Office of Financial Management (OFM). The existing substantial development dollar threshold in the code is $5,718, but it has been Land Use and Transportation Committee 2019 Planning Commission Work Program Page 2 of 4 March 4, 2019 Item Status increased to $7,047. The code needs to be amended to reflect the new dollar amount. In Process. The code does not differentiate between tracts created for public purposes, such as open In space or storm drainage retention tracts, and lots. The code needs to be amended in order to Process clarify that such public purpose tracts should not be counted as lots. January 30th There is no language in the code to require notification of adjacent property owners within In 300 feet of a short subdivision. Short plats were increased from five to nine lots in 2007, Process which increase could impact properties in the immediate vicinity. A related amendment would require applicants to post the site. Existing language requires the city to post the site. The current code requires two separate notices for an administrative variance. Only one is In necessary. Process Under current code, the director may permit a recreational vehicle (RV) to be used as a In temporary dwelling on a single-family residential lot where the primary dwelling unit is Process unsafe to occupy. This contradicts the Revised Code of Washington (RCW) 35A.21.312 which prohibits jurisdictions from allowing RVs to be used as primary residential units unless a toilet and bath is available within the RV. The code needs to be amended to clarify that split zoning is not permitted as a result of a land In division, creation of a tract, or land use action, etc. Process In the Suburban Estates (SE) zone, stables require Process II review and raising animals In require Process I review. Raising animals should be permitted outright. Process Setbacks for schools are 50 feet for 50 or more students and 20 feet for less than 50 students In when abutting single-family zones. This language was adopted prior to the widespread use of Process portables and should be amended to require lesser setbacks than 50 feet. Funeral homes are allowed under a Process II and "maybe" a Process III in the use zone In charts. Language should be added to clarify that Process III is to be used when environmental Process review (SEPA) is triggered. Commercial day cares for 12 or fewer children require Process III and for13-50 children In Process IV. There is no mention of family day cares, which normally are 12 or fewer Process attendees. The use zone charts need to clarify that family day cares are allowed outright if they meet certain criteria. The code should be amended to prohibit urban agriculture in the City -Center Core (C -CC), In City -Center Frame (C -CF), Office Park (OP), or Commercial Enterprise (CE), as that use is Process not complementary to those zones. D. NON -HOUSEKEEPING ITEMS PLANNED FOR COMPLETION IN 2019 Item Status Periodic Review of Shoreline Master Plan (SMP) to be completed by In Process. June 30, 2019. Draft Gap Analysis completed. Open House January 30th K:\2019 Planning Commission Work Program\LUTC\022119 LUTC Memorandum - Tina.docx Land Use and Transportation Committee 2019 Planning Commission Work Program Page 3 of 4 March 4, 2019 Item Status Per the RCW, final plats can be approved administratively if the Not Started jurisdiction chooses this method. Amend the language of the sign code to make it content neutral in In Process response to Reed v. Town of Gilbert, a United States Supreme Court Case. Based on this case, a jurisdiction may only regulate what types of signs are allowed, where they may be placed, and what size they can be. The critical areas code was updated in 2015 when the state changed its In Process (part of the SMP requirements for critical areas ordinances. The code needs to be amended Update) to comply with changes made by the Department of Ecology (DOE) since that time. Continue research and amendments to the code addressing housing In Process demand and provision of compatible and affordable housing development. Begin development of sub -area plans for the Sound Transit stations Not Started planned for Federal Way. These sub -area plans could include a Transit Oriented Development (TOD) element. E. ITEMS COMPLETED IN 2018 • 2017 Comprehensive Plan Update. • Amendment regarding review process for docket items to be considered over one year. An amendment was made to notify the Department of Commerce of proposed comprehensive plan amendments as soon as the Council directs staff to further review them, not after Planning Commission action. • Amendment to allow commercial wineries, distilleries, and breweries in the city. • Amendment to establish an historic preservation program and to request certification as a "Certified Local Government." • Amendment to permit "small cells" in the right-of-way. • Adoption of design standards for self -storage facilities. • Adoption of an ordinance relating to Floodplain Development and Permitting Processes. F. 2018 COMPREHENSIVE PLAN AMENDMENTS • A legislative action initiated by the City Council for a comprehensive plan amendment and rezone of 26 parcels (56.06 acres) in the Milton Road area east of I-5 from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential (either to RS 7.2, one unit per 7,200 square feet or RS 5.0, one unit per 5,000 square feet). • A request from the City of Federal Way Public Works Department to allow for the realignment of the future extension of South 324th Street further south to connect with Weyerhaeuser Way South. KA2019 Planning Commission Work Program\LUTC\022119 LUTC Memorandum - Tina.docx Land Use and Transportation Committee 2019 Planning Commission Work Program Page 4 of 4 March 4, 2019 The 2015 comprehensive plan shows the existing future alignment of the South 324"' Street extension as extending over I-5 east to 32"d Avenue South. G. TIMELINE FOR THE 2018 COMPREHENSIVE PLAN AMENDMENTS • Planning Commission Study Session — February 6, 2019 • Planning Commission Public Hearing — February 20, 2019 • Land Use & Transportation Committee Public Meeting March 4, 2019 • City Council Public Meeting with 1St Reading of Ordinance —March 19, 2019 • City Council Public Meeting with 2"d Reading of Ordinance — April 2, 2019 H. 2019 COMPREHENSIVE PLAN AMENDMENTS • Site-specific request from ESM to amend the conditions of comprehensive plan approval to remove the requirements for a Master Plan for Federal Way Village/Kitts Corner, 19 acres of vacant land located south of South 336"" Street and west of Pacific Highway South. • Site-specific request from the Hynes group for a comprehensive plan amendment and rezone to change the designation of Belmor Mobile Home Park from Multi -Family (RM 3600) to City - Center Core (C -CC). Belmor Mobile Home Park is located south of The Commons on approximately 63 acres. As of April 1, 2018, there were 260 homes in the park. KA2019 Planning Commission Work Program\LUTC\022119 LUTC Memorandum - Tina.docx re SUBJECT: AUTHORIZATION TO PURSUE BOND FINANCING FOR SCORE JAIL BOND DEFEASANCE POLICY QUESTION: Should Council authorize staff to inform SCORE that the City will issue its own bonds to refinance the City's portion of the SCORE capital debt instead of participating in the planned SCORE bond offering? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other DEPT: Finance/Law STAFF REPORT BY: Ade Ariwoola, Finance Director; R an Call, Cit"_..Attorney...................................................................................................................................................................................... Attachments: Staff Report Options Considered: (1) Authorize staff to notify SCORE that the City will issue its own bonds to refinance the City's portion of the SCORE jail capital debt. (2) Take no action, and therefore allow the City's debt to be refinanced through the SCORE offering to remain under the SCORE board's control. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A 3 / DIRECTOR APPROVAL: &AC 31144L Committee ouncil �G� Initial Date Initial/Date Initial Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor and staff to notes the SCORE Admin Board that the City of Federal Way will issue its own bonds to refinance the City's portion of the SCORE capital debt instead of participating in the SCORE bond offering. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 3/14/19 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Ade Ariwoola, Finance Director J. Ryan Call, City Attorney Nr-' SUBJECT: BONDING SCORE CAPITAL DEBT Financial Impacts: The City may realize a savings of $1-2 million over a twenty-year period depending on the interest rate at the time we sell the new bond. Background Information: The SCORE jail facility was originally built with capital funds raised by bonds issued by the SCORE entity and secured by the full faith and credit of each of the participating member cities at the debt ratios outlined in the formation interlocal agreement. The original bonds will be callable later this year, meaning that the member cities are free to refinance at current interest rates if the SCORE board so desires. SCORE has indicated that their analysis is that SCORE member cities can save money if they take advantage of this call period to re -issue the debt and that they will be doing so. On February 26, 2019, Mr. Ariwoola informed the finance advisory group that Federal Way may want to bond our portion of the SCORE capital debt independently and not participate in the SCORE offering. Because SCORE needs to know how much debt will be included in their offering, they understandably would like a definitive answer on the City's intention going forward. They have asked that we let them know by April 1, 2019 if we intend to bond our portion of the debt independently. As outlined above, bonding this debt independently has the potential to create modest savings for the City. Because bond rates fluctuate and are not fixed until they are actually issued, we will not have an exact number until the bonds issue. However, all signs point to this strategy being financial advantageous to the City. Perhaps more importantly, even if the City ends up paying the same amount on this debt as it would if we participated in the SCORE offering, there are significant advantages to Rev. 7/18 bonding independently. First, by issuing our own bonds we can structure the bonds so as to maximize compatibility with the City's future plans. Council can decide the duration of the bonds and can choose to combine this debt with other debts to save money. Second, by issuing the bonds ourselves, should a future City Council desire to call the bonds, that decision will be theirs to make independent of the other SCORE member cities. If our debt remains under the control of SCORE, then all decisions related to the debt remain the SCORE board's to make. Lastly, removing our portion of the capital debt from SCORE control removes the last financial connection to SCORE once the City makes its departure on December 31, 2019. Mayor's Recommendation: For the above reasons, the Mayor and Staff recommend that we give notice to SCORE that we will bond our portion of the SCORE capital debt independently. Staff will then work with bond counsel to prepare to issue bonds that best fit the City's needs and then return to Council for approval of the bond ordinance. Rev. 7/18 COUNCIL MEETING DATE: March 19, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Relating to the 2018 amendments to the Federal Way Comprehensive Plan and, Comprehensive Plan Map to realign the future extension of South 320 Street further south to connect with Weyerhaeuser Way South. POLICY QUESTION: Should the City approve a request from the Public Works Department for a comprehensive plan amendment to realign the future extension of South 324th Street further to the south to connect with Weyerhaeuser Way South? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: March 4, 2019 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Principal Planner, Margaret Clark DEPT: Community Development Attachments: 1) Draft Adoption Ordinance with Exhibit A; 2) February 12, 2019, Staff Report to the Planning Commis ion with Exhibits A -I; 3) Draft Minutes f t F ary20, 01 1 Co mission Public Hearing. re�oir�-da�cd It lUrr h 4, Zol q , l ) ti� f 1. 0X V a o�V�An � Z Io l) . Background: The Planning Commission conducted a vu lIc earine on February 0. 2019. at the close of which thev recommended to the City Council approval of the Mayor's recommendation to realign the future extension of South 3241h Street further south to connect with Weyerhaeuser Way South. The 2015 comprehensive plan shows the future road alignment as extending over I-5 east to 32nd Avenue South. Options Considered: 1) Adopt the Mayor's recommendation as contained in the draft adoption ordinance; 2) Adopt the Mayor's recommendation as modified by the LUTC; 3) Do not adopt the Mayor's recommendation; or 4) Refer the amendments back to the Planning Commission for further proceedings. MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the draft adoption ordinance. _ MAYOR APPROVAL: DIRECTOR APPROVAL: �y,i �i/ /14, Initial/Date COMMITTEE RECOMMENDATION: I move to forward th roposed ordinance to First Reading on March 19, 2019, Co ittee Chair ommittee Member mm ee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (March 19, 2019): `1 move to forward approval of the ordinance to the April 2, 2019, Council Meeting for enactment." SECOND READING OF ORDINANCE (April 2,2019): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED -12/2017 RESOLUTION # CITY OF Federal Way CITY COUNCIL MEMORANDUM DATE: March 12, 2019 TO: Federal Way City Council VIA: Jim Ferrell, Mayor Brian Davis, Community Development Directorrr�— Robert "Doc" Hansen, Planning Manager tV FROM: Margaret Clark, Principal Planner Rick Perez, Traffic Engineer SUBJECT: Comprehensive Plan Amendment for the Future Realignment of South 324,h Street Extension, Files 18 -105898 -00 -SE and 18 -105198 -UP MEETING DATE March19, 2019 I. BACKGROUND The 2015 comprehensive plan shows the future road alignment as extending over I-5 east to 32°a Avenue South. This comprehensive plan amendment would realign the future extension further south to connect with Weyerhaeuser Way South. The South 324`" extension is planned to be constructed no sooner than 2025; although, no construction plans or resources have been allocated towards the project and the amendment is a non -project action. II. PROCEDURAL SUMMARY Steps Date Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) December 21, 2018 End of SEPA Comment Period January 4, 2019 Planning Commission Study Session February 6, 2019 End of SEPA Appeal Period January 25, 2019 Public Hearing before the Planning Commission February 20, 2019 LUTC Meeting March 4, 2019 City Council 1st Reading Marchl9, 2019 City Council 2nd Reading April 2, 2019 III. CITIZEN COMMENTS The following written comments, summarized in Table I, were received on this proposed amendment: City Council Staff Report March 19, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324" Street Extension Pagel of 5 0 W Y �+ pp N N 0 s. b .b co 'b M r., CO 3 ''A sem' $ p, o .� N AN � o N A S N 0 cc Ln v as �— O N O C/1 3 ^ M U Y tom. 'U' O p. N J., y U N ocd �..1� v,0„o� >> CJ Y �y g°'Y y rl Z1 L0�1 XZ - i si 3 00� ° N o�i ani '= - Cd>,�t- ao 3w O y�UC 0Cd wlo N ” •� � •TY �mo 3C >; � � �1 O � Y b � O (� � G% r�• � Y O O • ,�y `d �, $. o y Cd (a >, � cd U Ems- o •o o� U 79 H Ov b y ani 3 H •o Q C 4 O N � O r U 4� M O 'o it N 'N N U "o Vl .S••i"" �Y �� 0co U) 3 Y I N Y as �' Y A p o-N o Pi 0 0.. 300 tna) En �aU it to N 0 Lr 'b ~ O b Q ,O A r. ,L cn N i O 0 ., O • y > -0 cC �¢bQ P-1 � moo w � a� U UO 0 W ell O -4 to M :""' ON bq S"" «t '� " +'�""-' ° •a+ rUn .U. 'U-' Q. 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M ,0, i.;co o cd t••� o y o .� to O 0 wS0O it OId p cd U N a+ O"+cd x O p. 2, w c� ami to O' y O O a 5CC3 " 0A O un a �vs H�3 con ;To o .0cd a a� o —W v a3 z to O •O +% N 'A O O r„ N bN aroi row+ O ce U Y Cl br O Q) • N cc ro �+ F N Q� ¢ %:L, M ° �'+ lCi N bOA •o H OA Z v O Ov q to 0 YO 0 0 4) C O O H o Uj x. o Y N N � 3 O o a� N cd v) N O 3 °` -0 N cd O Y U °" S a o U a � 0 �C� 3 0En RA a0 -d i o 0-o > U ro � 0 � U U�.•.•I 42)U i•r d% U Y `/ U yj •.moi U r Vj 0 U yoV� > Q Fes. Id E -. °ya Y om � ��Uro �`d y N ooo � O cn M y o b „cd�� y�� w Y �� 3 I� Y Y� O U U ° U U O (�j ,Y„i 1-4U y Ci aU+ Y O U U V� a Q o U `� ro N .O b =IMU N O. °Y��>,ao() V O3 M § E"a N M . ��i rron ¢ t.' "3 c`n0 c ccE0 ¢ Octs N ^d V U O 1. 3O0 `o y rocnj�,� Cd 3 Y c0 O o •b Y � O s. as ' > Q' U 0 U X � Y � x ° ° ° 3� 0 w u d a 0 4.0d •a" 8 -d 8 � U r O � z WeyerhaeUser Campus 32 EXT IT Known Pipelines I Campus Legend vt*e,;wraet4sjer ._3nitvs ,_ ;arnpuc E3u iIr mnge ec evil CC ection Ha Wzd Outwim fevAoWwron Garden an Saudi Builing rc loernologV Center Known PipAine s 119h Pmure NP +� CA-plyaie PiRrHYle �.Bmp 60 EXHIBIT 1. Grading/Drainage $402,450 Clear & Grub, Demolition $63,600 Gravel Borrow $0 Roadway Exc/Emb $105,000 Drainage $176,375 Trenching $22,200 Miscellaneous $35,275 2. Environmental Mitigation $36,000 Stream Relocation $0 Wetland Mitigation $36,000 3. Structures $0 Walls $0 Bridges $0 4. Surfacing/Paving $1,246,930 Surfacing: ACP & CSBC $1,246,930 Grinding $0 5. Roadside Development $296,205 Fencing $0 Concrete Sidewalk $7,000 Seeding, Mulch & Fert $2,000 Concrete Curb & Gutter $80,000 TWPC $5,000 Miscellaneous $14,105 Plantings $188,100 6. Traffic Services & Safety $142,372 Guard Rail $0 Signing $5,000 Concrete Barrier $0 Pavement Markings $8,780 Signals $0 Traffic Control $89,800 Illumination $36,000 Miscellaneous $2,792 7. Miscellaneous $9,000 Surveying $2,000 Other Items $0 Health and Safety $7,000 8. Utilities $0 Lakehaven $0 Century Link $0 PSE $0 Comcast $0 9. Construction Subtotal $2,132,957 10. Mobilization (10% Line 9) $213,296 11. Subtotal (Lines 9 and 10) $2,346,252 12. Sales Tax (0% Line 11) $0 13. Contingencies (30% Line 11) $703,876 14. Agreements (Utilities, etc.) (20% Line 8) $0 15. Subtotal (Lines 11 throuqh 14) $3,050,128 I16.Construction Engineering (12% Line 15) -1 1 17. Construction Other (Project Engineer, WSDOT, King County) (10% Line 15) $30,000 ,446,1431 11i:1111 CT I certify that the estimated project cost is the best opinion of costs with the available information at the date of this Summary. Street Systems Project Engineer Page 1 of 1 EXHIBIT 1. Grading/Drainage Clear & Grub, Demolition $938,830 Gravel Borrow $0 Roadway Exc/Emb $236,250 Drainage $260,250 Trenching $44,430 Miscellaneous $52,050 2. Environmental Mitigation $0 Stream Relocation $0 Wetland Mitigation $0 3. Structures $0 Walls $0 Bridges $0 4. Surfacing/Paving $1,587,950 Surfacing: ACP & CSBC $1,587,950 Grinding $0 5. Roadside Development $516,915 Fencing $0 Concrete Sidewalk $14,000 Seeding, Mulch & Fert $4,000 Concrete Curb & Gutter $160,000 TWPC $5,000 Miscellaneous $24,615 Plantings $309,300 6. Traffic Services & Safety $523,729 Guard Rail $0 Signing $10,000 Concrete Barrier $0 Pavement Markings $16,660 Signals $325,000 Traffic Control $89,800 Illumination $72,000 Miscellaneous $10,269 7. Miscellaneous $9,000 Surveying $2,000 Other Items $0 Health and Safety $7,000 8. Utilities $0 Lakehaven $0 Century Link $0 PSE $0 Comcast $0 9. Construction Subtotal $4,169,404 10. Mobilization (10% Line 9) $416,940 12. a ngencies (30% Line 11) IE 17. Construction Other (Project Engineer, wsuu i, rang county) t i Uro une 0/ W� III. CONSTRUCTION TOTAL $6,707,718 It/ TfITAI CCTIMAT=n DOn 11=rT rn-Ql $11,007,718 I— I certify that the estimated project cost is the best opinion of costs with the available information at the date of this Summary. Street Systems Project Engineer Page 1 of 1 CITY OF Federal Way CITY COUNCIL STAFF REPORT TO: Members of the City Council VIA: Mayor Jim Ferrell FROM: Brian Davis, Community Development Director ?^� Robert "Doc" Hansen, Planning Manager Margaret H. Clark, AICP, Principal Planner VlM SUBJECT: Public Hearing — Comprehensive Plan Amendment for the Future Realignment of South 324th Street Extension, Files 18 -105898 -00 -SE and 18 -105198 -UP DATE: March 4, 2019 I. BACKGROUND AND FINANCIAL IMPACT The 2015 comprehensive plan shows the future road alignment as extending over I-5 east to 32nd Avenue South (Exhibit A). This comprehensive plan amendment would realign the future extension further south to connect with Weyerhaeuser Way South (Exhibit B). The South 324th extension is planned to be constructed no sooner than 2025; although, no construction plans or resources have been allocated towards the project and the amendment is a non -project action. Larger maps of the existing and proposed alignments are shown in Exhibits C and D. The action will not result in any financial impact upon the City. Spending impacts from future project actions allowed by the Comprehensive Plan amendment will be evaluated if, and when, such proposals occur. II. REASON FOR COUNCIL ACTION FWRC Chapter 19.80, establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Council is to review and evaluate the recommendation of a proposal, to find that the plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3), and based upon such information, approve, approve with amendment, or deny a proposal. III. PROCEDURAL SUMMARY The following table indicates the actions that have been taken to bring the proposal for Comprehensive Plan amendment to the Council. City Council Staff Report March 4, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`b Street Extension Page 1 of 10 Steps Date Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (Exhibit E)' December 21, 2018 End of SEPA Comment Period January 4, 2019 Planning Commission Study Session February 6, 2019 End of SEPA Appeal Period January 25, 2019 Public Hearing before the Planning Commission February 20, 2019 LUTC Meeting March 4, 2019 City Council 1st Reading March19, 2019 City Council 2nd Reading April 2, 2019 IV. CITIZEN COMMENTS Four written comments, as summarized in Table I, were received on this proposed amendment. Table I No. Summary of Comments Names 1 A representative from the BP Olympic Pipe Line states that realigning Chase Wakefield South 324th Street will impact their 14 -inch pipe line that needs to be representing BP protected in this area. Olympic Pipe Line 2 The realignment of the road will direct traffic volume from 5,000 Richard Pierson vehicles to Weyerhaeuser Way South, instead of being dispersed to both Weyerhaeuser Way South and 32nd Avenue South. In addition, the 2015 comprehensive plan did not address traffic from the proposed developments of DaVita and the Industrial Realty Group. He also stated that in relationship to the environmental checklist, forest land use has been practiced in the location of the proposed alignment as a "Managed Forest Buffer," and the realignment would also affect a trail in that area. 3 They are generally in favor of the realignment, although they have Lori Sechrist on behalf concerns about the increased traffic going to Weyerhaeuser South. They of Save Weyerhaeuser are, however, in favor of the well -paying jobs that DaVita will bring. Campus They state that the proposed road should not result in elimination of the managed forest buffer; if the I-5 off -ramps are constructed, South 324th Street should be the only access point for semi -trucks entering and exiting the CP -1 zoned property located north of South 336th Street; the property is within the Tacoma Smelter Plume zone; the proposed street extension will eliminate portions of recreational trails in the CP -1 zone; and the Weyerhaeuser Headquarters building and likely most of the landscape are eligible for National Historic Register listing. 4 Has concerns about the increased safety issue related to the proposed Richard Pierson intersection being located on a curve at the intersection with Weyerhaeuser Way South as compared to a minimal curve on the connection to Weyerhaeuser Way in the comprehensive plan from South 323`d Street. City Council Staff Report March 4, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324th Street Extension Page 2 of 10 V. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150 1. FWRC 19.80.140, Factors to be considered in a Comprehensive Plan Amendment — The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There should be no adverse impact on the physical environment related to future construction of South 324th Street in its new alignment. Impacts from the future connection have already been evaluated and will not be increased by this proposal. Future road construction will be subject to environmental review as required by the Washington State Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA), and will be evaluated in accordance with all plans, policies, rules, and regulations adopted as a basis for the exercise of substantive authority under SEPA to approve, condition, or deny the proposed action. There is a Class II wetland located east of I-5, approximately 275 feet north of the proposed alignment. Class 11 wetlands have buffers ranging from 75 to 225 feet. There is also a small Class III wetland located where South 3246' would intersect with Weyerhaeuser Way South. Class III wetlands have buffers ranging from 60 to 225 feet. In addition, there is a major stream, East Hylebos Creek, located approximately 150 feet to the north. Major streams have 100 foot buffers. Refer to Exhibit K The site is located within the Enhanced Basic Water Quality Treatment Area. Any water - related or erosion -related impacts associated with future development must be mitigated in compliance with the city -adopted 2016 King County Surface Water Manual (KCSWM) and the City of Federal Way Addendum to the Manual. This requires any erosion -related impacts created during clearing and construction activities to be addressed according to a Temporary Erosion Sedimentation Control Plan (TESL), which is a standard part of engineering review and approval. (2) The effect on open space, streams, and lakes. Please refer to responses under Section V (1) (1), above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Land to the north is zoned OP -1. The road extension is planned to be constructed on land zoned CP -1. Based on language in the 1994 Concomitant Agreement, which established the zoning and allowable uses in each zone, the uses in the respective zones are deemed to be compatible. Any future roadway should also be compatible with the uses in each zone. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. Construction of South 324th Street, with an alignment further to the south than the existing alignment will not impact community facilities, including utilities, roads, public transportation, parks, recreation, and schools. However, the proposed street extension City Council Staff Report March 4, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 3 of 10 will eliminate portions of recreational trails in the CP -1 zone. (5) The benefit to the neighborhood, city, and region. Moving the future realignment of South 324th Street further south would benefit the city because the existing alignment would bisect the future DaVita Campus. DaVita is proposing to expand its campus in two phases. The first phase includes a full site buildout with a 160,000 square building and 681 new parking spaces. The second phase will come at an undetermined time in the future with an expansion of the building to 200,000 square feet. This will benefit the neighborhood, city, and region by providing 640 to 720 well - paying jobs in the first phase expansion. The realignment will also be beneficial for future development in East Campus by providing more land for such development that is not bisected by a road. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. This road or its parallel alternative at South 3120h Street has been in the comprehensive plan since 1995, and the realignment will not affect the quantity of land required for its construction. (7) The current and projected population density in the area. The area on which the future road extension would be constructed is zoned CP -1, which does not permit housing, so there is no current or projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. Realignment of the future extension of South 324th Street will not affect other aspects of the comprehensive plan. 2. FWRC 19.80.150, Criteria for Amending the Comprehensive Plan —The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Realignment of the future extension of South 324th Street is related to the public safety as it will provide an alternative safe access from areas east of I-5 to areas to the west. It also improves public welfare by providing more land for development. (2) The proposed amendment is in the best interest of the residents of the city. Please see responses under Sections V (1) (5) and V (2) (1). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. The comprehensive plan amendment and rezone under consideration is consistent with the following goals of RCW Chapter 36.70A.020 (2) of the Growth Management Act (GMA): City Council Staff Report March 4, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 4 of 10 "(i) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. "(ii) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic'development - opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. "(iii) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards." The proposal is also consistent with the following goals and policies of the comprehensive plan: "TG1 Maintain mobility through a safe, balanced, and integrated transportation system. "TG3 Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network." VI. COMPLIANCE WITH FWRC 19.75.130(3) Site-specific requests are also required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: a. The proposed request is in the best interests of the residents of the city. Please see responses under Sections V (1) (5) and V (2) (2). b. The proposed request is appropriate because either: (i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established. City Council Staff Report March 4, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 5 of 10 The area where the road will be constructed was given the CP -1 designation in 1994. Since that time, new developments have been proposed in the area as a result of the purchase of the Weyerhaeuser property. With the Greenline warehouses in the planning stages and with the construction of the new DaVita office buildings, the area is changing significantly. c. It is consistent with the comprehensive plan. The comprehensive plan shows the location of the existing road on Map III -3 (Exhibit I). The proposed realignment of the South 324th Street extension to the south is substantially in compliance with that location. This connection or its parallel alternative at South 312th Street has been in the plan since 1995. d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. Please refer to the response under Sections V. (2) (3) and VI. (1)(C) above. e. It is consistent with the public health, safety, and welfare. Refer to response under Section V. (2) (1) above. VII. PLANNING COMMISSION ACTION At a public hearing on February 20, 2019, the Planning Commission heard staff report presented by Community Development and subsequent comments regarding the proposal. After considerable deliberation, the Planning Commission voted to move the Mayor's proposal to the City Council with recommendation for approval. The vote was 6 members recommending approval of the proposal with one Commissioner voting against the recommendation. VII. CITY COUNCIL ACTION Consistent with the provisions of FWRC 19.80.240, the City Council may take the following actions regarding the proposed comprehensive plan amendment and rezone request: 1 Approve the comprehensive plan amendment as proposed; 2. Approve the amendment with amendment; or 3. Deny the proposed comprehensive plan amendment; VIII. MAYOR'S RECOMMENDATION The Mayor recommends that project number 16-13 in Table III -10, Capital Improvement Program (CIP) — 2016 to 2040, of the Federal Way Comprehensive Plan be amended as follows: City Council Staff Report March 4, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 6 of 10 Project Number Project Description Cost (2016 $1,000) 16-13 S 324`h St Interchange: Extend 5 -lane minor arterial to 3-2-iW Ave Weyerhaeuser Way S 134,587 LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Existing and Proposed Alignment of South 324th Street Extension Vicinity Map — Existing Alignment of South 324th Street Extension Vicinity Map — Proposed Alignment of South 324th Street Extension City Council Staff Report March 4, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 7 of 10 Exhibit A: Existing and Proposed Alignment of South 324th Street rwwn wo...x a a. so.n uwn m+w u�.w.i w a Fs wn. MOMMnYymy.NiMSaM11MA3bNl�bn •11NK City Council Staff Report March 4, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 8 of 10 Exhibit B: Vicinity Map: Existing Alignment of South 324"' Street Complan Alignment - S 324th Street Extension dac u*M Mw Cmw ry q 771 1 14 .4 ` ? Iw4Y.. .. FOOMM fou CMA., Cor#" City Council Staff Report March 4, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 9 of 10 Exhibit C: Proposed Alignment of South 324"' Street Future Realignment - S 324th Street Extension "'t Cormanr�c At Fide�d City Council Staff Report March 4, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 10 of 10 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to amendments to the Federal Way Comprehensive Plan, amending the Federal Way Comprehensive Plan, and approving a City -initiated Comprehensive Plan amendment to realign the future extension of South 324th Street to connect to Weyerhaeuser Way South instead of 32nd Avenue South. (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98- 330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05- 492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, and 18-843) WHEREAS, the Growth Management Act of 1990 as amended ("Chapter 36.70A RCW" or "GMA"), requires the City of Federal Way to adopt a comprehensive plan that includes a land use element (including a Comprehensive Plan Map, which has also historically been referred to as a land use map), housing element, capital facilities plan element, utilities element, economic development element, transportation element (including transportation system maps), and a parks and recreation element; and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its Comprehensive Plan; and WHEREAS, the Federal Way City Council adopted its Comprehensive Plan with a Comprehensive Plan Map (the "Plan") on November 21, 1995, and adopted development regulations and Zoning Map implementing the Plan on July 2, 1996; and WHEREAS, the Federal Way City Council subsequently amended the Comprehensive Plan, Comprehensive Plan Map, and Zoning Map on: December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2010, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, and January 26, 2018; and Ordinance No. 19- Page 1 of 12 WHEREAS, the City may consider Plan and development regulation amendments pursuant to Process VI, under Title 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), Chapter 19.80 FWRC, and Chapter 19.35 FWRC; and WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation; however, subject to certain exceptions, the Plan maybe amended no more than one time per year; and WHEREAS, the Council considered this Comprehensive Plan amendment concurrently with another Comprehensive Plan amendment, Council Bill No. 755, both of which were evaluated cumulatively and will be acted on simultaneously and concurrently in order to comply with RCW 36.70A.130; and WHEREAS, the 2015 Comprehensive Plan shows a future extension of South 324th Street to cross Interstate 5 to connect to 32nd Avenue South; and WHEREAS, in October 2018, the City's Public Works Department initiated this Comprehensive Plan amendment to realign the future extension of South 324th Street to connect to Weyerhaeuser Way South instead of 32nd Avenue South; and WHEREAS, on November 1, 2018, the City complied with RCW 36.70A.106 when it notified the Department of Commerce of the City's intent to adopt this Comprehensive Plan amendment, which was acknowledged by the Department of Commerce on November 6, 2018; and WHEREAS, on December 21, 2018, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the proposed Comprehensive Plan amendment; and WHEREAS, the Determination of Nonsignificance was not appealed; and WHEREAS, the City's Planning Commission held a public hearing on February 20, 2019 , at the close of which it recommended Council approval of the Comprehensive Plan amendment; and Ordinance No. 19- Page 2 of 12 WHEREAS, the Land Use and Transportation Committee of the Federal Way City Council considered the Comprehensive Plan amendment on March 4, 2019, and recommended approval of the same; and WHEREAS, the City Council, through its staff, Planning Commission, and Land Use and Transportation Committee, received, discussed, and considered the testimony, written comments, and material from the public, and considered the proposed Comprehensive Plan amendment at its regular City Council meeting on March 19, 2019; and WHEREAS, the City Council desires to approve the change in the Comprehensive Plan to realign the future extension of South 324th Street to connect to Weyerhaeuser Way South instead of 32nd Avenue South. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The Proposed Amendment to the text of the Comprehensive Plan, as set forth in Exhibit A, attached hereto and incorporated by this reference, to realign the future extension of South 324th Street to connect to Weyerhaeuser Way South instead of 32nd Avenue South (the "Proposed Amendment") is consistent with the following goals of Chapter 36.70A RCW: (i) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. (ii) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new Ordinance No. 19- Page 3 of 12 Plan: businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. (iii)Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. (b) The Proposed Amendment is consistent with the following goals of the Comprehensive Transportation Goal (TG) 1 Maintain mobility through a safe, balanced, and integrated transportation system. Transportation Goal (TG) 3 Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network. (c) The Proposed Amendment is consistent with the economic development vision (as stated in the Comprehensive Plan) to create a sustainable, diversified, and globally -focused economy. To achieve this vision, the City mustdiversify its employment base. In addition, the City must increase the overall number of jobs in order to improve the balance between jobs and households in the City. (d) The Proposed Amendment is consistent with the Council vision for the City of Federal Way, and will allow greater connectivity between the City Center and areas east of Interstate 5. Ordinance No. 19- Page 4 of 12 (e) The Proposed Amendment is consistent with the goal of the King County Countywide Planning Policies that the region be served by an integrated, multi -modal transportation system that supports the regional vision for growth, efficiently moves people and goods, and is environmentally and functionally sustainable over the long term. (f) The Proposed Amendment is consistent with the Puget Sound Regional Council goal of VISION 2040 for long-range transportation planning by emphasizing transportation investments that offer greater mobility options. (g) The Proposed Amendment will not negatively impact open space, streams, lakes, wetlands, or the physical environment. (h) The Proposed Amendment bears a substantial relationship to the public health, safety and welfare, is in the best interest of the residents of the City, and is consistent with the requirements of Chapter 36.70A RCW, VISION 2040, the Countywide Planning Policies, and the remainder of the Comprehensive Plan. (i) The Proposed Amendment is consistent with the applicable provisions of the Comprehensive Plan, bears a substantial relation to public health, safety, and welfare, and is in the best interest of the public and the residents of the City. 0) The Proposed Amendment has complied with the appropriate processes under state law and the FWRC. Section 2. Comprehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, and 2013, 2015, and 2018, copies of which are on file with the Office of the City Clerk, is amended as set forth in Exhibit A, attached hereto and incorporated by this reference. All related maps in the Comprehensive Plan shall be updated to reflect this amendment. Ordinance No. 19- Page 5 of 12 Section 3. Amendment Authority. The adoption of the Comprehensive Plan text amendment in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and Chapters 19.35 and 19.80 FWRC. Section 4. Severability. 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 not impact the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, and 2018 shall remain in full force and effect until this amendment becomes operative upon the effective date of this ordinance. Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect concurrently with Council Bill No. 755 and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 [Signature Page to Follow] Ordinance No. 19- Page 6 of 12 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19- Page 7 of 12 EXHIBIT A Ordinance No. 19- Page 8 of 12 Table Ill -10 Capital Improvement Program (CIP) — 2016 to 2040 Ordinance No. 19- Page 9 of 12 Capital Project List 95-17 SR 99: S 340` St - S 356` St: Construct HOV lanes, install raised median; roundabout at 3401h St, turn lanes @ 3481h 17 17,600 97-01 SW 336`h W / SW 340`h St: 26`h Pl SW - Hoyt Rd SW: Signal Coordination 283 92-18b SR 161 @ S 356` St: Add NB left -turn lane, EB right -turn lane, or install roundabout 14 4,100 92-18a S356 1h St: SR 99 - SR 161: Widen to 5 lane, bike lanes, sidewalks 13 6,112 16-22 S352 nSt: SR 99 - SR 161: Extend 3 lane principal collector and signal at SR -99 8 5,619 16-23 Citywide: Traffic signal modifications 18 914 16-24 Ci de: Implement Adaptive Traffic Control System 22 1,000 16-25 16`h Ave S: S 344`h St - S 348`h St: Add SB auxiliary lane 21 6,105 16-19 151 Ave S @ S 328`h St: Install raised median, improve access at 328`h 4 1,897 16-20 S 320`h St 20`h Ave S: Add 2nd left -turn lanes EB, WB 5 2,856 16-21 Citywide Pedestrian Safety: Install mid -block crossing treatments 28 640 16-26 S304 1b St @ 28`h Ave S: Add NB right -turn lane, signal 7 2,371 94-10b SR 509: 9`h Pl S - 16'h Ave S: Widen to 5 lanes, signal at 91h Pl S 8,794 07-06 151 Ave S @ SW 301' St: Install signal or roundabout 404 16-11 8`h Ave S S 3201h St: Add left -turn lanes NB, SB 485 16-13 S 324` St Interchange: Extend 5 -lane minor arterial to 32" -Ave -g- Weyerhaeuser Wa South 134,587 07-07 151 Ave S @ S 308`h St: Install signal or roundabout 404 07-04 Military Rd S @ S 296'h Pl: Install signal or roundabout 404 16-18 16'h Ave S @ S 341' PI: Add signal 404 16-01 SR 99 @ S 288'h St: Add NB fight -turn lane 452 98-32 13" PI S: S 330" St - S 332A St: Extend 3 lane collector 4,797 94-24 14'h Ave S: S 312'h St - S 316`h St : Ring Road extension 5,472 93-08 S316 1h St: SR 99 - I Vh PI S: Ring Road extension 8,291 01-05 SR 99 @ S 312'h St: Add 2"d NB left -turn lane 6 6,708 07-22 16'h Ave S: SR 99 - SR 18: Add HOV lanes 22,384 02-01 City Center Access (Phases 1 and 2): S 320'h St @ 1-5 Bridge Widening: Add HOV lanes through interchange, reconstruct SE quadrant of interchange to realign ramps la & lb 134,609 10-01 S373 rl St SR99: Add Signal or roundabout or two-way left -turn lane 482 05-03 We erhaeuser Wy S @ S 344`h W : Install roundabout 16 1,763 05-01 SR 509 @ 4'h Ave S: Install roundabout 1,009 07-03 30`h Ave S @ S 288" St: Install signal or roundabout 404 Ordinance No. 19- Page 9 of 12 Table III -10 Capital Improvement Program (CIP) — 2016 to 2040 Ordinance No. 19- Page 10 of 12 98-10c 10`" Ave SW @ SW Campus Dr: Add SB right -turn lane 2 1,229 16-09 SR 99 @ S 312" St: Add 2nd left -turn lane EB, WB, and WB right -turn lane 1,696 02-04 SR 18 @ SR 161: Add 3`d thru lane NB, SB. 3`d left -turn lane NB, SB 12,210 98-07 1 SW 336" y / SW 340" St: 26" PI SW - Hoyt Rd SW: Widen to 5 lanes 12 21,821 98-15 Military Rd S: S 288`" St - S 304" St: Widen to 5 lanes 23,450 07-01 S Star Lake Rd @ 25`" Dr S: Install signal or roundabout 404 16-02 Military Rd S @ S 28 81h St: Add 2 nl left -tum lanes and right -tum lanes eastbound and westbound 2,326 98-10a SW 340 St: 12` Ave SW - 215` Ave SW: Extend 3 -lane principal collector with bike lanes, sidewalks 3 10,164 99-02 S 320' St @ 1S1 Ave S: Add 2" left lanes all legs, WB, SB right -tum lane, widen 15` Ave S to 5 lanes to S 316" St 15 10,460 98-01 S304 1h St @ SR 99: Add left -turn lanes on 304`" 1,454 10-01 S Star Lake Rd: @ Military Rd S: Add right -turn lane on S Star Lake Rd 401 16-15 16-16 SR 99 @ S 324'" St: Add 2"d left -tum lanes NB, SB, and NB right -turn lane 215' Ave SW @ SW 336`" St: Add 2nd left -turn lanes NB, SB, and SB right -turn lane 3,052 3,052 00-12 S308 1h St: 14`" Ave S - 18'" Ave S: Widen to 3 lanes 3,198 16-17 S 336' St: SR 99 - 20,h Ave S: Widen to 5 lanes, add 2 "d left -tum lanes EB, WB @ SR 99 3,721 98-34 2151 Ave SW @ SW 320` St: Add WB left -turn lane, interconnect to 20 Ave SW 9 6,169 92-22 15' Ave S: S 348'" St - S 356 1h St: Widen to 5 lanes, add 2"d SB right -turn lane @ 356" 7,213 93-09 1" Ave S: S 366`" St - SR 99: Extend 2 -lane road, signal or roundabout at SR 99 7,550 98-05 S 324" St: SR 99 - 23`d Ave S: Widen to 5 lanes 10,552 92-20 47" Ave SW SW 320'" St: Signalize 10 569 95-07 S 2881" St: 19'h Ave S - Military Rd S: Widen to 5 lanes 12,364 93-07c 2151 Ave SW: SW 344 1h St - SW 356 1h St: Widen to 5 lanes, add 2"d SB right -turn lane P, 356`" 21,639 92-14 Military Rd S: S Star Lake Rd - S 288'h St Widen to 5 lanes, sidewalks, and illumination 35,456 16-10 23`d Ave S: S 316`" St - S 317`" St: Add NB lane 678 16-12 l 1'" Pl S @ S 320'" St: Add 2nd NB left -turn lane 678 00-02 28" Ave S S 312" St: Add SB right -turn lane (1 1) 771 07-14 23`d Ave S @ S 320`" St: Add SB left -turn lane, NB thru and right -turn lanes 8,705 98-13 SW 344" St & 35'" Ave SW: 215' Ave SW - SW 3401" Street: Bike lanes, sidewalks 12,360 10-01 ifitary Rd S @ Camelot: Roundabout 1,392 01-03 SR 509 @ 26" PI SW: Add WB left -turn lane 1,017 07-05 Military Rd S @ S 298'h St: Install signal or roundabout 404 Ordinance No. 19- Page 10 of 12 Table 111-10 Capital Improvement Program (CIP) — 2016 to 2040 Ordinance No. 19- Page I1 of 12 R2.826 14-01 Weyerhaeuser Wy S: S 336" St - 33`d P1 S: Widen to 5 lanes 92-23 S 304" St: SR 99 - 28'h Ave S: Widen to 3 lanes 11,513 16-03 SR 509 @ SW 3015' St: Add WB right -turn lane 226 16-14 S 324" St: 11" Pl S - SR 99: Widen to 5 lanes 1,809 07-12 6" Ave SW @ SW 320" St: Install signal or roundabout 404 07-18 Military Rd S @ S 328`h St: Install signal or roundabout 404 92-06b S 356th St: 1 st Ave S - SR 99: Widen to 5 lanes 16,416 98-20 S312 1h St: 1' Ave S - 14`h Ave S: Widen to 5 lanes 28,726 07-20 SW Campus Dr: 15` Ave S - 2131 Ave SW: Add HOV lanes 63,956 16-07 SR 509 @ SW 312`' St: Add 2nd WB left -turn lane 904 93-12 SR 509 @ 47'h Ave SW: Install roundabout 1,009 05-04 S312 th St @ 18`h Ave S: Install signal 404 98-17 S Star Lake Rd: S 272" St - Military Rd S: Widen to 3 lanes (see 10-1) for intersection improvement 9,327 98-39 I5` Ave S: SW 3015` St - SW 312" St: Widen to 3 lanes 11,725 98-24 Hoyt Rd SW: SW 3201h St - SW 340" St: Widen to 3 lanes 12,059 93-07a 215` Ave SW: SW 312'h St - SW 320`h St: Widen to 5 lanes 12,364 16-04 SR 509 @ SW 308'h St: Install roundabout 1,346 16-05 SR 509 @ SW 306'h St/12`h Ave SW: Install roundabout 1,346 16-06 SR 509 @ 16'h Ave SW: Install roundabout 1,346 16-08 8`h Ave SW @ SW 312'h St: Install roundabout 1,346 94-11 S308 th St: 5`h Pl S-8 th Ave S: Extend 2 -lane street 1,938 07-13 SR 99 @ S 320`' St: Add NB right -turn lane 2,883 98-23 47'h Ave SW: SR 509 - SW 318`h St: Widen to 3 lanes 5,034 98-14 S288 1h St: Military Rd S - I-5: Widen to 5 lanes 11,541 94-10a SR 509: 15` Ave S - 91h Pl S: Widen to 3 lanes 15,634 94-17 SR 509: 15' Ave S - l0h Ave SW: Widen to 3 lanes 29,846 05-02 City Center Couplet: S 316 th St/S 324` St: 11' P1 S - 23 rd Ave S: Restripe for clockwise couplet 808 07-02 SR 99 @ S 288`' St: Add EB left -tum lane 1,131 07-15 25`' Ave S @ S 320" St: Add 2od EB left -turn lane, NB right -tum lane 13,001 98-18 28th Ave S: S 304'h St - S 317th St: Widen to 3 lanes 16,416 98-57 SR 509: 30'h Ave SW - 47`h Ave SW: Widen to 3 lanes 18,760 98-58 SR 509: 47th Ave SW - West City Limits: Widen to 3 lanes 23,450 07-19 15' Wy S @ S 336'h St: Add 2nd SB left -turn lane 7,365 Ordinance No. 19- Page I1 of 12 Table III -10 Capital Improvement Program (CIP) — 2016 to 2040 Ordinance No. 19- Page 12 of 12 ----------------- (2016 Cost 98-30 10th Ave SW til SW 334`' St: Si nalization or roundabout 404 11-01 21" Ave S S 320th St: Install signal 404 98-26 S 320`h St 5" Ave S: Si nalization 404 00-07 S 348'h St 9'h Ave S: Add 2"d SB left -turn lane 2,326 92-12 4'h Ave S: S 312th St - S316 1h Pl: improve vertical alignment 3,1978 95-02 S312 1h St: 23`d Ave S - 28th Ave S: Widen to 3 lanes 7,461 98-31 SW 356" St 13`h Wy SW/14th Ave SW: Si nalization 404 07-16 Military Rd S @ S 320`h St: Add 2nd NB left -turn lane 5,620 98-29 SW 3201h St @ 1 I" Ave SW: Si nalization 404 14-02 SR 509 @ 301h Ave SW: Install roundabout 1,009 98-28 SW 3201h St @ 7" Ave SW: Signalization 404 98-19 S308 1h St: 8th Ave S - 14th Ave S: Install curb, gutter, sidewalks 5,330 92-11 SW Campus Dr: I" Ave S - 7'h Wy SW: Widen lanes/sidewalk 2,073 00-16 SR 99 @ Spring Valley Montessori School: Add NB left -turn lane 6,977 95-20 1 Military Rd S: S 3201h St - SR 18: Widen to 3 lanes 38,373 00-06b S 314th St -.:'20'h Ave S - 23`d Ave S: Add sidewalks and street lights 23 2,665 98-41 I St Ave S: S 292d St - S 312th St: Shoulder improvement 24 3,770 16-30 S 336" St: SR 99 - 20th Ave S: Add sidewalk north side 25 639 16-29 21" Ave S: S 316th St - S32 01h St: Install sidewalk on west side 26 1,356 16-27 SR 509: 11th PI S - 16th Ave S: Install sidewalk on south side 27 1,500 16-28 1 20'h Ave S & S 316th St: I install sidewalk on east and south sides 29 395 98-39 9th Ave S: S 332"d St - S348 1h St: Widen for Bike Lanes 15,634 98-42 S Park & Ride Trail: SR99 352"d - S 348" c, 9th: Extend Trail 1,493 ..!- Ordinance No. 19- Page 12 of 12 Public Hearing Amendment to the Comprehensive Plan Extension of 324th to Weyerhaeuser Way v City of Federal Way Planning Commission February 20, 2019 The 2018 Comprehensive Plan Amendments originally included: Two City -initiated requests The Milton Road Legislative Rezone The realignment of the South 324th Street Extension One citizen -initiated request, which has been withdrawn mow. Liry-inivarea request to realign the South 324th Street Extension east of I-5 further south to connect with Weyerhaeuser Way South Table III -10. Capital Improvement Program (CIP) - 2016 to 2040 2 94-1 Ob Capital Project List 50 SR 9: 9th P1 S - 16th Ave S: Widen to 5 lanes. signal at 9th P1 S 8.794 07-06 1st Ave S a SW 301st St: install signal or roundabout 404 16-11 8th Ave S 'a S 320th St Add left -tum lanes NB. SB 485 16-13 S 324th St Interchange: Extend 5 -lane minor arterial to 32nd Ave Weyerhaeuser Wav S 134.587 2 12/21/18 SEPA Issued (14 Day Comment & 21 Day Appeal Period) 2/06/19 Planning Commission Study Session 2/20/19 Planning Commission Public Hearing 44k CITY OF Federal Way Owl City of Federal Way Hearing 2018 Comprehensive Plan Amendments February 20, 2019 Presentation to the Planning Commission Proposed 324th Extension Comprehensive Plan Amendment Proposal from Planned Extension of 324th to 32nd amended to plan extension from 324th to Weyerhaeuser Way South vitiated request to realign the South 324th Street Extension east of I-5 further south to connect with Weyerhaeuser Way South Tnhla 111_1!1 r—i}nl Imnrnvn mnnf Prnnrnm r('IP1 _ ,)nIA M 9nAn 3 Future Realignment - S 324th Street Extension toff/ Worid Plv�n 7t A'oro I I ' 94-1 Ob Capital Project List SR 509: 9th PI S - 16th Ave S: Widen to 5 lanes. signal at 9th PI S 8.794 07-06 1 st Ave S r SW 301 st St: Install signal or roundabout 404 16.11 8th Ave S i S 320th St: Add left -tum lanes NB. SB 485 16-13 S 324th St Interchange: Extend 5 -lane minor arterial to 32nd Ave Weyerhaeuser Wav S 134.587 3 Future Realignment - S 324th Street Extension toff/ Worid Plv�n 7t A'oro . SPUM 3201h Stro t y The Comment At federal Way .}..___ ❑'u,�, 7:4n: Snit 7 t� It . -.� 2/27/2019 2 Complan Alignment - S 324th Street Extension s.o r PWM cogs WA"mlMgr worr V&,fdAwo (ewe, IF �mn The Commons At Federol Woy let +wM iWfi'a .n 1S L1 Y .- 2/27/2019 91 Recommend Adoption of the Mayor's Proposal Recommend Changes to the Mayor's Proposal and Adoption with Changes Recommend Denial of the Proposed Rezone Pass on to Council with No Recommendation 2/27/2019 E CITY OF Federal Way PLANNING COMMISSION STAFF REPORT February 12, 2019 To: Wayne Carlson, Federal Way Planning Commission Chair FROM: Brian Davis, Community Development Director elr� Robert "Doc' Hansen, Planning Manager Margaret H. Clark, AICP, Principal Planner SUBJECT: Public Hearing — Comprehensive Plan Amendment for the Future Realignment of South 324`h Street Extension, Files 18 -105898 -00 -SE and 18 -105198 -UP MEETING DATE: February20, 2019 I. BACKGROUND The 2015 comprehensive plan shows the future road alignment as extending over I-5 east to 32nd Avenue South (Exhibit A). This comprehensive plan amendment would realign the future extension further south to connect with Weyerhaeuser Way South (Exhibit B). The South 324th extension is planned to be constructed no sooner than 2025; although, no construction plans or resources have been allocated towards the project and the amendment is a non -project action. Larger maps of the existing and proposed alignments are shown in Exhibits C and D. II. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. Planning Commission Staff Report February 12, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 1 of 7 III. PROCEDURAL SUMMARY Steps Date Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (Exhibit E)' December 21, 2018 End of SEPA Comment Period January 4, 2019 Planning Commission Study Session February 6, 2019 End of SEPA Appeal Period January 25, 2019 Public Hearing before the Planning Commission February 20, 2019 LUTC Meeting March 4, 2019 City Council 1st Reading March19, 2019 City Council 2nd Reading April 2, 2019 IV. CITIZEN COMMENTS Four written comments (Exhibit G), as summarized in Table I, were received on this proposed amendment. Table I No. Summary of Comments Names 1 A representative from the BP Olympic Pipe Line states that realigning Chase Wakefield South 324h Street will impact their 14 -inch pipe line that needs to be representing BP protected in this area. Olympic Pipe Line 2 The realignment of the road will direct traffic volume from 5,000 Richard Pierson vehicles to Weyerhaeuser Way South, instead of being dispersed to both Weyerhaeuser Way South and 32nd Avenue South. In addition, the 2015 comprehensive plan did not address traffic from the proposed developments of DaVita and the Industrial Realty Group. He also stated that in relationship to the environmental checklist, forest land use has been practiced in the location of the proposed alignment as a "Managed Forest Buffer," and the realignment would also affect a trail in that area. 3 They are generally in favor of the realignment, although they have Lori Sechrist on behalf concerns about the increased traffic going to Weyerhaeuser South. They of Save Weyerhaeuser are, however, in favor of the well -paying jobs that DaVita will bring. Campus They state that the proposed road should not result in elimination of the managed forest buffer; if the I-5 off -ramps are constructed, South 324` Street should be the only access point for semi -trucks entering and exiting the CP -1 zoned property located north of South 336"' Street; the property is within the Tacoma Smelter Plume zone; the proposed street extension will eliminate portions of recreational trails in the CP -1 zone; and the Weyerhaeuser Headquarters building and likely most of the landscape are eligible for National Historic Register listing. 'Refer to Exhibit F— Agencies that were sent a copy of the DNS and environmental checklist. Planning Commission Staff Report February 12, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 2 of 7 No. Summary of Comments Names 4 Has concerns about the increased safety issue related to the proposed Richard Pierson intersection being located on a curve at the intersection with Weyerhaeuser Way South as compared to a minimal curve on the connection to Weyerhaeuser Way in the comprehensive plan from South 323`d Street. V. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150 1. FWRC 19.80.140, Factors to be considered in a Comprehensive Plan Amendment — The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There should be no adverse impact on the physical environment related to future construction of South 324t' Street in its new alignment. Impacts from the future connection have already been evaluated and will not be increased by this proposal. Future road construction will be subject to environmental review as required by the Washington State Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA), and will be evaluated in accordance with all plans, policies, rules, and regulations adopted as a basis for the exercise of substantive authority under SEPA to approve, condition, or deny the proposed action. There is a Class II wetland located east of I-5, approximately 275 feet north of the proposed alignment. Class H wetlands have buffers ranging from 75 to 225 feet. There is also a small Class III wetland located where South 324th would intersect with Weyerhaeuser Way South. Class III wetlands have buffers ranging from 60 to 225 feet. In addition, there is a major stream, East Hylebos Creek, located approximately 150 feet to the north. Major streams have 100 foot buffers. Refer to Exhibit H. The site is located within the Enhanced Basic Water Quality Treatment Area. Any water - related or erosion -related impacts associated with future development must be mitigated in compliance with the city -adopted 2016 King County Surface Water Manual (KCSWM) and the City of Federal Way Addendum to the Manual. This requires any erosion -related impacts created during clearing and construction activities to be addressed according to a Temporary Erosion Sedimentation Control Plan (TESC), which is a standard part of engineering review and approval. (2) The effect on open space, streams, and lakes. Please refer to responses under Section V (1) (1), above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Land to the north is zoned OP -1. The road extension is planned to be constructed on land zoned CP -1. Based on language in the 1994 Concomitant Agreement, which established the zoning and allowable uses in each zone, the uses in the respective zones are deemed to be compatible. Any fixture roadway should also be compatible with the uses in each zone. Planning Commission Staff Report February 12, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`" Street Extension Page 3 of 7 (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. Construction of South 324th Street, with an alignment further to the south than the existing alignment will not impact community facilities, including utilities, roads, public transportation, parks, recreation, and schools. However, the proposed street extension will eliminate portions of recreational trails in the CP -1 zone. (5) The benefit to the neighborhood, city, and region. Moving the future realignment of South 324th Street further south would benefit the city because the existing alignment would bisect the future DaVita Campus. DaVita is proposing to expand its campus in two phases. The first phase includes a full site buildout with a 160,000 square building and 681 new parking spaces. The second phase will come at an undetermined time in the future with an expansion of the building to 200,000 square feet. This will benefit the neighborhood, city, and region by providing 640 to 720 well - paying jobs in the first phase expansion. The realignment will also be beneficial for future development in East Campus by providing more land for such development that is not bisected by a road. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. This road or its parallel alternative at South 312th Street has been in the comprehensive plan since 1995, and the realignment will not affect the quantity of land required for its construction. (7) The current and projected population density in the area. The area on which the future road extension would be constructed is zoned CP -1, which does not permit housing, so there is no current or projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. Realignment of the future extension of South 324th Street will not affect other aspects of the comprehensive plan. 2. FWRC 19.80.150, Criteria for Amending the Comprehensive Plan —The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Realignment of the future extension of South 324th Street is related to the public safety as it will provide an alternative safe access from areas east of I-5 to areas to the west. It also improves public welfare by providing more land for development. (2) The proposed amendment is in the best interest of the residents of the city. Planning Commission Staff Report February 12, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`b Street Extension Page 4 of 7 Please see responses under Sections V (1) (5) and V (2) (1). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. The comprehensive plan amendment and rezone under consideration is consistent with the following goals of RCW Chapter 36.70A.020 (2) of the Growth Management Act (GMA): "(i) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. "(ii) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. "(iii) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards." The proposal is also consistent with the following goals and policies of the comprehensive plan: "TG1 Maintain mobility through a safe, balanced, and integrated transportation system. "TG3 Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network." VI. COMPLIANCE WITH FWRC 19.75.130(3) Site-specific requests are also required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: a. The proposed request is in the best interests of the residents of the city. Please see responses under Sections V (1) (5) and V (2) (2). b. The proposed request is appropriate because either: Planning Commission Staff Report February 12, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 320 Street Extension Page 5 of 7 (i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established. The area where the road will be constructed was given the CP -1 designation in 1994. Since that time, new developments have been proposed in the area as a result of the purchase of the Weyerhaeuser property. With the Greenline warehouses in the planning stages and with the construction of the new DaVita office buildings, the area is changing significantly. c. It is consistent with the comprehensive plan. The comprehensive plan shows the location of the existing road on Map III -3 (Exhibit I). The proposed realignment of the South 324th Street extension to the south is substantially in compliance with that location. This connection or its parallel alternative at South 312th Street has been in the plan since 1995. d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. Please refer to the response under Sections V. (2) (3) and VI. (1)(C) above. e. It is consistent with the public health, safety, and welfare. Refer to response under Section V. (2) (1) above. VII. MAYOR'S RECOMMENDATION The Mayor recommends that project number 16-13 in Table III -10, Capital Improvement Program (CIP) – 2016 to 2040, of the Federal Way Comprehensive Plan be amended as follows: Project Number Project Description Cost (2016 $1,000) 16-13 S 324"' St Interchange: Extend 5 -lane minor arterial to 3-d Ave Weyerhaeuser Way S 134,587 VIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding each proposed comprehensive plan amendment and rezone request: 1 Recommend to City Council adoption of the proposed comprehensive plan amendment as proposed; Planning Commission Staff Report February 12, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324`h Street Extension Page 6 of 7 2. Recommend to City Council that the proposed comprehensive plan amendment not be adopted; 3. Forward the proposed comprehensive plan amendment to City Council without a recommendation; or 4. Modify the proposed comprehensive plan amendment and recommend to City Council adoption of the amendment as modified. LIST OF EXHIBITS Exhibit A Existing Alignment of South 324th Street Extension Exhibit B Proposed Realignment of South 324th Street Extension Exhibit C Vicinity Map — Existing Alignment of South 324th Street Extension Exhibit D Vicinity Map — Proposed Alignment of South 324th Street Extension Exhibit E Determination of Nonsignificance and Checklist Exhibit F Agencies That Were Sent a Copy of the DNS and Environmental Checklist Exhibit G Written Comments Exhibit H Critical Areas Map Exhibit I Map III -3 of the City of Federal Way Comprehensive Plan K:\Comprehensive Plan\2018 Comprehensive Plan Amendments\Planning Commission\South 324th Realignment Planning Commision Public Hearing Report.doc Planning Commission Staff Report February 12, 2019 2018 Comprehensive Plan Amendments, Future Realignment of South 324th Street Extension Page 7 of 7 EX IBIT 0 N d C h C G7 d W L N M L 3 0 L 0 00 C d C d w 0 CL 0 CL` Complan Alignment - S 324th Street Extension 336th Street Is,W 'S 333td Sweet/ 4, tet South 336th Street Woodbridge Co/"Pirotf ',)Wh A36f, I ®M 11 t Sea -To( Cente010r pal -Do Gateway 'Village P, World Plaza Center South 320th Street Sunset 7: Square Celebran n 0 - The Commons Center At Federal Way ry 336th Street Is,W 'S 333td Sweet/ 4, tet South 336th Street Woodbridge Co/"Pirotf ',)Wh A36f, I ®M 11 Future Realignment - S 324th Street Extension E. 3Avi�i itti, WA 99 S -Mf 344ttlrvPl - V., II Q? 1 348!1, St,,, NyFede Campus Crossings WA 161 Square ")"It 352-3 st—I Woodbridge Corporate Park w lustcamp„. Orporutr 101* 11 71 ; 9- South 320th Street Sunset Square Cefebrart0 n The Commons Center Af Federal Way fast Campus Corporate �.Oufh 3t Pt, 5 0 Is a '-,M 333rd St,t,t J7 South 336th Street E. 3Avi�i itti, WA 99 S -Mf 344ttlrvPl - V., II Q? 1 348!1, St,,, NyFede Campus Crossings WA 161 Square ")"It 352-3 st—I Woodbridge Corporate Park w lustcamp„. Orporutr 101* 11 71 ; 9- "JJ T) Federal Way P �:.�_'IY DETERMINATION OF NONSIGNIFICANCE (DNS) Comprehensive Plan Amendment to realign the extension of South 324th Street east of I-5 (Non -Project Action) File No: 18 -105898 -00 -SE Description: The 2015 Comprehensive Plan shows the future road alignment of South 320 Street as extending over I-5 east to 32nd Avenue South. This non -project comprehensive plan amendment would allow for the realignment of the future extension further south to connect with Weyerhaeuser Way South. The South 320 extension is planned to be constructed no sooner than 2025. Applicant: Public Works Department - Traffic Division Lead Agency: City of Federal Way Staff Contact: Principal Planner Margaret Clark — 253-835-2646, m�ii;arel_clark unit aPfedcralw�.com The city's Responsible Official has determined that the proposal does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the city. A completed environmental checklist and supporting documents are available for review at the City of Federal Way Community Development Department (Federal Way City Hall, 33325 8`h Avenue South, Federal Way, WA 98003, 253-835-7000), from 8 a.m. to 5 p.m., Monday through Friday. This DNS is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issuance. Comments must be submitted by 5:00 p.m. on January 4, 2019. Unless modified by the city, this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days of the above comment deadline. You may appeal this determination to the Federal Way City Clerk (address above), no later than 5:00 p.m. on January 25, 2019, by a written letter stating the reason for the appeal of the determination. You should be prepared to make specific factual objections. Responsible Official: Brian Davis Title: Director of Community Development/SEPA Official Address: 33325 8'h Avenue South, Federal Way, WA 98003 Date Issued: December 21, 2018 DOC. I.D. or Signature: LCO. �R 1 +S. EXR09IT-E- PAGE-2L-CF 4kDepartment of Community Development of 33325 8th Avenue South Federal Way, WA 98003-6325 CITY OF �+�'P 253-835-2607; Fax 253-835-2609 Federal Way www.citvoffederalway.com SEPA ENVIRONMENTAL CHECKLIST Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization, or compensatory mitigation measures will address the probable significant impacts, or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable " or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies and/or reports. Complete and accurate answers to these questions often avoid delays with the SEPA process, as well as later in the decision-making process. The checklist questions apply to all parts ofyour proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal, and an analysis of adverse impacts. The checklist is considered the first, but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. U.se of checklist for nonproject proposals: For nonproject proposals (such as ordinances, regulations, plans, and programs), complete the applicable parts of sections A and B, plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for nonprojects) questions in Part B (Environmental Elements) that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental Checklist Page 1 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE EXI"�3_l PACE.F U A. BACKGROUND 1. Name of proposed project, if applicable: Comprehensive Plan Amendment to realign the extension of South 320 Street east of I-5, File Numbers 18 -105198 -UP and 18 -105898 -SE 2. Name of applicant: Federal Way Public Works Department — Rick Perez 3. Address and phone number of applicant and contact person: Contact Person Margaret Clark 33325 8h Avenue South, Federal Way, WA 98003. (253)835-2646 4. Date checklist prepared: November 3, 2018 5. Agency requesting checklist: City of Federal Way 6. Proposed timing or schedule (including phasing, N applicable): Planning Commission Public Hearing — February 20, 2019 Land Use/Transportation Committee Public Meeting March 4, 2019 City Council Public Meeting with I" Reading of Ordinance —March 19, 2019 City Council Public Meeting with 2nd Reading of Ordinance — April 2, 2019 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The 2015 Comprehensive Plan shows the future road alignment on Map III -3 (Exhibit A) as extending over I-5 east to 32nd Avenue South (Exhibit B). This comprehensive plan amendment would realign the future extension further south to connect with Weyerhaeuser Way South (Exhibit Q. The south 320 extension is planned to be constructed no sooner than 2025, although no construction plans or resources have been allocated towards the project and the amendment is a non project action. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. SEPA Environmental Checklist Page 2 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #I8 -105898 -00 -SE PAGE---Af '�.: 2.1r If the future road extension is constructed and federal funds are used, the proposal must be evaluated pursuant to the National Environmental Policy Act (NEPA), which would be adopted by the City to satisfy the State Environmental Policy Act (SEPA). 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. This is non -project proposal. 10. List any government approvals or permits that will be needed for your proposal, if known. Refer to Section A.8. of this Checklist 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Refer to the response under Section A.7. of this Checklist. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Refer to Exhibit C - New South 324h Street road alignment located in NW 15-21-04, NEI 6-21-04, and NW 16-21-04. Staff concurs with the checklist. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (Underline/circle one): Flat, rolling, hilly, steep slopes, mountainous, other The site is fairly flat. b. What is the steepest slope on the site (approximate percent slope)? The steepest slope is approximately 17 percent, just southwest of the existing DaVita Business Office. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land SEPA Environmental Checklist Page 3 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE EXPIRI ' E PAGE- s OF ur of long-term commercial significance and whether the proposal results in removing any of these soils. Based on the City of Federal Way Regional Soils Map, the future extension as realigned would be built on Alderwood Gravelly Sandy Loam (AgC) (6-15 percent slope). d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Based on the city's Critical Areas Map (Exhibit D), there are no surface indications or history of unstable soils in the immediate vicinity. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. The proposal is a non -project action. Any future road construction will be subject to its own review pursuant to the State Environmental Policy Act (SEPA), if applicable. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. This is a non -project action. It is unlikely that erosion could occur as a result of clearing, construction, or use as this is a fairly flat area. Please refer to response under Section B. Lh. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? This is a non -project action. However, the future road would have a C Cross Section, (Exhibit E) consisting of a 106 foot wide right-of-way with 18 feet of landscaping, therefore approximately 83 percent would be impervious. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: This is a non -project action. Any future project specific action will be subject to environmental review as required by the SEPA Rules, and will be evaluated in accordance with all plans, policies, rules, and regulations adopted as a basis for the exercise of substantive authority under SEPA to approve, condition or deny the proposed action. In addition, when a future project is submitted, any erosion -related impacts created during clearing and construction activities will be mitigated in compliance with the 2016 King County Surface Water Manual (KCSWM), as amended by the city. This requires any erosion -related impacts created during clearing and construction activities to be addressed according to a Temporary Erosion Sedimentation Control Plan (TESC), which is a standard part of engineering review and approval. Staff concurs with the checklist. a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. SEPA Environmental Checklist Page 4 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE EXPIRJ-T-S�- This is a non -project action. However, increased emissions to the air are expected, temporary emissions during construction due to use of construction vehicles and after construction by increased vehicle traffic in the area. Quantities of the increased emissions are unknown. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No. c. Proposed measures to reduce or control emissions or other impacts to air, if any. Any future development will be subject to City of Federal Way requirements for air emissions as addressed in FWRC Title 7, Public Nuisances. Staff concurs with the checklist. 3. Water a. Surface Water 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a Class II wetland located east of I-5, approximately 275 feet north of the proposed alignment. Class II wetlands have buffers ranging from 75 to 225 feet. There is also a small Class III wetland located where South 324°i would intersect with Weyerhaeuser Way South. Class III wetlands have buffers ranging from 60 to 225 feet. There is also a major stream, East Hylebos Creek, located approximately 150 feet to the north. Major streams have 100 foot buffers. Refer to Exhibit D — Critical Areas Map. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. See response to above question. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. This is a non -project action. No future filling or dredging of the wetland is anticipated. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. This is a non -project action. No surface water withdrawals or diversions are expected, but will have to be evaluated at the time of a specific proposal. SEPA Environmental Checklist Page 5 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE EXF 1 J PAGE --i_ ui 5) Does the proposal lie within a 100 -year floodplain? If so, note the location on the site plan. Based on the Washington State Coastal Atlas (Flood Hazard Maps), there are no floodplains in this area. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses, and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. This is a non -project action. However, based on the Lakehaven Water & Sewer District Wellhead Protection Maps, there are no wells in this area. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial containing the following chemicals... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No septic tanks or other similar sources of pollutants associated with the future construction of the South 324t" road extension are anticipated. c. Water runoff (including stormwater): 1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Stormwater facilities will be constructed to take care of runoff from the road per regulations when, and if, a facility is constructed. 2) Could waste materials enter ground or surface waters? If so, generally describe. Runoff from any future road will discharge to an approved stormwater treatment and detention system and the closest wetland is approximately 275 feet north of the proposed alignment. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. Since this is a non -project action, it is unknown whether future construction of the road will alter drainage patterns in the vicinity. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage SEPA Environmental Checklist Page 6 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE pattern impacts, if any: EXPMIT—fe — PAGE -3-0-F Zt At the time of any road construction, any water -related impacts will be mitigated in compliance with the City -adopted 2016 King County Surface Water Manual, or its successors as amended by the City. Staff concurs with the checklist. 4. Plants a. Check the types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs X_grass _pasture _crop or gram orchards, vineyards, or other permanent crops X wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other X water plants: water lily, eelgrass, milfoil, other X other types of vegetation - meadows b. What kind and amount of vegetation will be removed or altered? It is unknown at this time what kind and amount of vegetation will be removed or altered for any proposed project. c. List threatened and endangered species known to be on or near the site. There are no known threatened or endangered species in the vicinity. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. If a road was to be constructed, there would be a six foot wide planting strip on each side of the paved roadway surface (Refer to Exhibit E — Roadway Cross Section Q. e. List all noxious weeds and invasive species known to be on or near the site. There are no known noxious weeds or invasive species on or near the site. Staff concurs with the checklist. 5. Animals a. List any birds and other animals which have been observed on or near the site, or are known to be on or near the site. Examples include: SEPA Environmental Checklist Page 7 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE EXE'IM- -E---- birds: hawk, heron, eagle, songbirds, other. x PAGE-1—OF mammals: deer, bear, elk, beaver, other: x _q.L T fish: bass, salmon, trout, herring, shellfish, other x A variety of birds, mammals, and fish native to the Pacific Northwest are found within the City of Federal Way. Species vary depending on whether the area is in a natural versus developed state. b. List any threatened and endangered species known to be on or near the site. There are no known threatened or endangered species in this area. c. Is the site part of a migration route? If so, explain. Federal Way is located within the Pacific Flyway migration route utilized by waterfowl migrating north into Alaska and northern Canada. It is unknown whether there are key rest stops in this area. d. Proposed measures to preserve or enhance wildlife, if any. There are no proposed measures at this time to preserve or enhance wildlife. e. List any invasive animal species known to be on or near the site. None known. Staff concurs with the checklist. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. It is anticipated that there will be street lights along the road if one is constructed. Energy for the lights would be provided by Puget Sound Energy (PSE). b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Any road construction would not affect the potential use of solar energy by adjacent properties. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. There are no plans proposed at this time, and any proposed measures to reduce or control energy impacts can only be determined once a proposal is made. Staff concurs with the checklist. SEPA Environmental Checklist Page 8 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE EXPIRIT-k-, 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. There are none. 1) Describe any known or possible contamination at the site from present or past uses. There is no known contamination in this area. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. The Olympic Pipeline rums parallel to I-5 on the east and a high pressure natural gas line runs north to south through the area (Exhibit F). 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. If a road was constructed, no toxic or hazardous chemicals will be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. 4) Describe special emergency services that might be required. No special emergency services will be required for this amendment. 5) Proposed measures to reduce or control environmental health hazards, if any. No measures are proposed to reduce or control environmental health hazards. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? There are no known types of noise that would affect any future road construction 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. If a road was constructed, there would be short-term noise associated with construction equipment and long-term noise associated with traffic if South 324` Street is extended to Weyerhaeuser Way South. 3) Proposed measures to reduce or control noise impacts, if any: SEPA Environmental Checklist Page 9 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE EFIRR ITR� PAGE-!% OF 2r As a non -project action, no measures are proposed to control noise impacts. Staff concurs with the checklist. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. The site is currently vacant land. Current use to the north, moving from east to west is a wetland, detention pond, vacant commercial land, DaVita office building, and a detention pond. Current use to the south is vacant commercial land. The proposed road construction will not affect these adjacent uses. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? It is unknown if any of the sites have been used for agriculture or as forest land in the past. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how. There are no surrounding working farms or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting. c. Describe any structures on the site. The site is vacant. d. Will any structures be demolished? If so, what? There are no structures on the site. e. What is the current zoning classification of the site? The site is currently zoned Corporate Park -1 (CP -1). E What is the current comprehensive plan designation of the site? The current comprehensive plan designation is Corporate Park. g. If applicable, what is the current shoreline master program designation of the site? The site is not located in a designated shoreline master program area. SEPA Environmental Checklist Page 10 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE F PAGE_L?_,GF 15 h. Has any part of the site been classified as a critical area by the city or county? If so, specify. The proposed realignment for the South 324s' road extension is not designated as a critical area, however there is a small Class III wetland to the north of the proposed road terminus at Weyerhaeuser Way South. L Approximately how many people would reside or work in the completed project? Not applicable. This is a non -project action. j. Approximately how many people would the completed project displace? Not applicable. This is a non -project action. L Proposed measures to avoid or reduce displacement impacts, if any. Not applicable. L Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. Land to the north is zoned OP -1. The road extension is planned to be constructed on land zoned CP -1. Based on language in the 1994 Concomitant Agreement which established the zoning and allowable uses in each zone, the uses in the respective zones were deemed to be compatible. Any future roadway should also be compatible with the uses in each zone. in. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any. There are no agricultural and forest lands of long-term commercial significance within the city. Staff concurs with the checklist. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not applicable. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. c. Proposed measures to reduce or control housing impacts, if any. Not applicable. Staff concurs with the checklist. SEPA Environmental Checklist Page 11 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE EX",, ' PP41T E�- PAGE-ILC,F 2.r 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? If a road was constructed, the tallest structure would be street lighting poles that extend over the roadway. Height of poles needs to exceed the limit for tall vehicle clearance by enough to not need warning signs. This is often around 40 feet on arterial roadways. b. What views in the immediate vicinity would be altered or obstructed? Trees would be removed with any future road construction. c. Proposed measures to reduce or control aesthetic impacts, if any. Not applicable. This is a non -project action and aesthetic impacts would have to be determined if a project is proposed. Staff concurs with the checklist. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? There would be light emitted from street lighting poles after dark if a project is proposed. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any. Federal Way Revised Code (FWRC) 19.105.030, Lighting regulation, prohibits light sources both directable and nondirectable from extending on to adjacent properties. Staff concurs with the checklist. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? North Lake, located to the southeast, offers seasonal fishing opportunities for largemouth bass and rainbow trout. There are also a wide variety of recreational opportunities in the greater Federal Way area. These opportunities include Dash Point State Park, a 398 -acre state park on the west side of the city, operated and maintained by Washington State Parks; Celebration Park, an 84 -acre SEPA Environmental Checklist Page 12 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE Eye!'MIT .E_ PAG E -j-4_ � city -owned community park located approximately in the middle of the City with ballfields and walking trails; Town Square Park, a four acre city -owned community park located in the City Center; and recreation trails in the Bonneville Power Administration right-of-way. b. Would the proposed project displace any existing recreational uses? If so, describe. The proposed realignment of the South 324h Street extension would not displace any existing recreational uses. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. Not applicable. Staff concurs with the checklist. 13. Historic and cultural preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. The former Weyerhaeuser Corporate Headquarters, now "Greenline," opened in 1971, making it over 45 years of age. However, it is not listed in any national, state, or local preservation registers. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. It is unknown whether there are any landmarks or evidence of Indian or historic use or occupation in the area. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. The Notice of Determination of Non -significance (DNS) will be sent to the Department of Archeology and Historic Preservation and to the Puyallup Suquamish, and Muckleshoot tribes. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. No measures will be proposed until, and if, a project is proposed. Staff concurs with the checklist. SEPA Environmental Checklist IPage 13 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE PAGE-IIS OF 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. There are no streets serving the area proposed for realignment of the road extension. However, if the roadway extension is constructed it will connect the existing South 320 Street at 23't Avenue South west of I-5 with Weyerhaeuser South, east of I-5. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? Sound Transit, King County Metro, and Pierce Transit provide service to the city. There is also a dial -a -ride -transit (DART) service, as well as two park and ride facilities (Twin Lakes and Redondo Heights) and the Federal Way Transit Center. Two operate routes through the Weyerhaeuser site. Pierce County's Route 402 runs on Weyerhaeuser Way South from Tacoma and west on South 336`" Street to the Federal Way}+ Transit Center every hour. Additionally, King Count Metro Transit Route 181 runs on South 320 Street connecting Federal Way Transit Center to Auburn and the Green River Community Center every 30 minutes. c. How many additional parking spaces would the completed project or non -project proposal have? How many would the project or proposal eliminate? Not applicable. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle, or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). The proposed comprehensive plan amendment would allow the realignment of the South 324th Street extension east of I-5, and would not require any improvements to existing roads, streets, pedestrian, bicycle, or state transportation facilities.*** e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. L How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and non -passenger vehicles). What data or transportation models were used to make these estimates? The City uses travel demand modelling based on PSRC's regional model with detail added within and near Federal Way with current 2040 land use forecasts. If constructed, the new roadway is estimated to carry approximately 5,000 vehicles per day. However, other land use proposals in the area may increase these volumes significantly, so those projects will evaluate their impacts on this roadway as they move forward. Similarly, another roadway improvement project may result in the addition of freeway ramps to and from I-5 at South 324th Street, which would also alter the traffic volume forecasts. SEPA Environmental Checklist Page 14 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE Exp, r7—iT— —' —. PAI IE�OF�--— g. Will the proposal interfere with, affect, or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. Federal Way is considered an Urban area, and there is little agricultural or forestry activity. h. Proposed measures to reduce or control transportation impacts, if any. Not applicable. Staff concurs with the checklist. 15. Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? if so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable. Staff concurs with the checklist. 16. Utilities a. Underline/circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. It is unlikely that any utilities are available along the proposed realignment as this is presently vacant commercial land. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. If the road is constructed, street lights are expected to be installed at the same time as the roadway. Puget Sound Energy would provide the electricity for the lights. Staff concurs with the checklist. SEPA Environmental Checklist Page 15 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE C. SIGNATURE EXPO !T --E PAGE !1 F_ The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Ij AA f &.Ak A G4&^*- Printed Name of Signee: Margaret H. Clark Position and Agency/Organization: Principal Planner, City of Federal Way Date Submitted: December 10, 2018 Reviewed and concurred ith. , Signature: Printed Name of Signee: Brian Davis Position and Agency/Organization: Community Development Director, City of Federal Way Date reviewed: I Z i ti r LIST OF EXHIBITS Exhibit A Map 3-11 lof the City of Federal Wady Comprehensive Plan Exhibit B Existing alignment of the South 324 Street extension east of I-5 Exhibit C Proposed realignment of the South 324th Street extension east of I-5 Exhibit D Critical Areas Map Exhibit E Roadway Cross Section C Exhibit F Known Pipelines SEPA Environmental Checklist Page 16 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (IT IS NOT NECESSARY to use this sheet for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The comprehensive plan amendment related to realigning the future extension will not in itself increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise. However construction of the future roadway extension will result in increased emissions to air due to increased vehicle traffic in the area. Proposed measures to avoid or reduce such increases are: None. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Construction of the future roadway extension permitted by this amendment would result in removal of vegetation and may act as a barrier to movement of wildlife between the north and south sides of the road. Proposed measures to protect or conserve plants, animals, fish, or marine life are: None. 3. How would the proposal be likely to deplete energy or natural resources? The proposal should not deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: None. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The City makes every attempt to construct roads outside of wetland, streams, and their respective buffers. However, if a road is constructed and encroachment into an environmentally sensitive area is SEPA Environmental Checklist Page 17 of 18 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105898 -00 -SE I I, PAC—#q—CsF—"— unavoidable, compliance with FWRC, Chapter 19.145, Environmentally Critical Areas and SEPA would be required. Proposed measures to protect such resources or to avoid or reduce impacts are: See response above. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? This area is not within the shoreline master program area. Proposed measures to avoid or reduce shoreline and land use impacts are: None. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Future construction of a road along the proposed new alignment, allowed by this amendment, will not increase demands on transportation since the east -west link already exists within the Comprehensive Plan. The amendment is to move the road southward. Proposed measures to reduce or respond to such demand(s) are: None. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposed comprehensive plan amendment does not conflict with local, state, or federal laws or requirements for the protection of the environment. 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PAEA�L, EXHIBIT c IBIT 5 0 0 m OD C 0 X W Weyerhaeuser Campus AUTH ST quAm rt,NPfV�� flV Sti i 323RD ST , f T�:/1" x rn m DO U Known Pipelines Campus Lvvond EXH BIT EXE"!'.IT FAQ 2 �'U, s'� %yo-M-havimr campus 4-arnpus SuiRAngt &m: ai rclr~. 1*-WJ Oua IC13 ": t"falmn C-41opn Ioarr44oge (.anter Kri,wm Pipe.lmes I Igh Or"s n r, NO ctiffot R V. -O v EXH BIT EXE"!'.IT FAQ 2 �'U, s'� REVIEW TEAM EX BIT RAMIN PAZOOKI WA DEPT OF COMMERCE A ST DEPT TRANSPORTATION WSDOT SOUTH KING COUNTY GROWTH MGT SERVICES PO BOX 47300 SE BOX 3WA 9 PO BOX 42525 OLYMPIA WA 98504-7300 SEATTLE WA -wsdot wa.g OLYMPIA WA 98504-2525 hgcustomerservice(cr)wsdot.wa.gov ramin.pazookit�wsdot.wa.gov reviewteam(a)commerce.wa.gov PSRC GROWTH MANAGEMENT DEPT 1011 WESTERN AVE #500 SEATTLE WA 98104-1040 eharris(a)psrc.org MUCKLESHOOT INDIAN TRIBE FISHERIES DIVISION ENVIRONMENTAL REVIEWER 39015 172"D AVE SE AUBURN WA 98092 karen.walter(cDmuckleshoot. nsn.us MASTER BUILDERS ASSOC 335 116TH AVE SE BELLEVUE WA 98004-6407 dhoffman(a)mbaks.com TINA VASLET PIERCE TRANSIT PO BOX 99070 LAKEWOOD WA 98496-0070 tvaslet(a)piercetransit.orq SAM PACE SEA/KING CO ASSOC/REALTORS 29839 154TH AVE SE KENT WA 98042-4557 sam pace(a)concentric. net EPA ENVIRONMENTAL REVIEW SEC 1200 6TH AVE MD -126 SEATTLE WA 98101 epa-seattle(a)epa.gov FW CHAMBER OF COMMERCE PO BOX 3440 FEDERAL WAY WA 98063 rmartin(a)_federalwaycham ber.com CITY OF TACOMA 747 MARKET ST TACOMA WA 98402-3769 shirlev.schultz -ci.tacoma.wa.us jmagoon@cityoftacoma.org ATTN SEPA REVIEW PUGET SOUND CLEAN AIR AGENCY 1904 3RD AVE STE 105 SEATTLE WA 98101-3317 sepa(a)pscleanair.org LAURA MURPHY TRIBAL ARCHAEOLOGIST MUCKLESHOOT INDIAN TRIBE 39015 172"D AVE SE AUBURN WA 98092 laura.murphy(cDmuckleshoot.nsn.us KING CO TRANSPORTATION 201 S JACKSON ST KSC-TR-0815 SEATTLE WA 98104 harold.taniguchi(cD-kingcounty.gov PERRY WEINBERG SOUND TRANSIT 401 S JACKSON ST SEATTLE WA 98104-2826 Perry. wei n berg(a)-sou ndtransit.org PIERCE CO PLNG & LAND SVCS 2401 S35 TI ST #2 TACOMA WA 98409-7460 aclark@co.pierce.wa.us DAVID KORTHALS METRO TRANSIT 201 S JACKSON ST KSC-TR-0413 SEATTLE WA 98104-3856 david.korthalsnkinacountv.00v plansreview(a)kingcounty.gov ATTN NEWSROOM TACOMA NEWS TRIBUNE 1950 S STATE ST TACOMA WA 98405 newstips(a)thenewstribune.com CITY OF AUBURN 25 W MAIN ST AUBURN WA 98001 ksnyder .auburnwa.gov BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 brandon.revnon(@r)uvalluptribe.com DENNIS LEWARCH THP OFFICE SUQUAMISH TRIBE 18490 SUQUAMISH WAY SUQUAMISH WA 98392 dlewarch cr.suguamish.nsn.us KING CO ROADS DIVISION COUNTY ROADS ENGINEER 155 MONROE AVE NE RENTON WA 98056 maint. roads (a)-kingcou nty.gov GARY KRIEDT KING COUNTY TRANSIT DIV ENV PLANNING MS KSC-TR-0431 201 S JACKSON ST SEATTLE WA 98104-3856 gary.kriedt(a)kingcounty.gov PIERCE CO PW & UTILITIES 2702S42 ND ST STE 628 TACOMA WA 98409 bziegle(a)co.pierce.wa.us EARTHCORPS FRIENDS OF THE HYLEBOS 6310 NE 74TH ST STE 201 E SEATTLE, WA 98115 info(o)earthcorps.org FEDERAL WAY MIRROR 31919 1 ST AVE S STE 101 FEDERAL WAY WA 98003 ed itor(a)fed era Iwaym i rror. co m BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 basbury(a)lakehaven.org CITY OF PACIFIC ALGONA CITY HALL CHASE WAKEFIELD (SALEM LAND) BUILDING & PLANNING ST BP OLYMPIC PIPE LINE 402 WARDS 100 THIRD AVE SE 402 WA E 98001-8505 600 SW 39 ST PACIFIC WA 98047 RENTON WA 98057 kenf(cDalgonawa.gov (dodge .ci.pacific.wa.us chase.wakefield(cD-bp.com CITY OF KENT CITY OF EDGEWOOD CITY OF LAKEWOOD ECON & COMMUNITY DEV 2224 104TH AVE E 10510 GRAVELLY LK DR SW STE 206 400 W GOWE ST STE 300 EDGEWOOD WA 98372-1513 LAKEWOOD WA 98499-5013 KENT WA 98032 cityhall(a)-cityofedgewood.org cbru nel I(a)cityoflakewood. us planninq(aD-kentwa.gov darren(a-)-cityofedgewood.org CITY OF DES MOINES 21630 11TH AVE S DES MOINES WA 98198 d lath rop(cD_des m oi neswa. pov JAMES IRISH SOUND TRANSIT iames. iris h(a)soundtransit. org DEPT OF ARCHAEOLOGY & HISTORIC PRESERVATION PO BOX 48343 OLYMPIA WA 98504-8343 sepa(a)_dahp.wa.gov JERRY STEELE COMCAST CABLE COMM 4020 AUBURN WAY N AUBURN WA 98002-1315 OSP ENGINEERING WA/OR/N. ID AT&T CABLE MAINTENANCE 11241 WILLOWS RD NE STE 130 REDMOND WA 98052-1009 SUE TIMM CITY OF MILTON 1000 LAUREL ST MILTON WA 98354 stim m (a)cityofm ilton. net bport(a)cityofm ilton . net KENT HALE SOUND TRANSIT kent. hale(cDsoundtransit.or.q JENNIFER WOJCIECHOWSKI FWPS 33330 8TH AVE S FEDERAL WAY WA 98003 jwolciec(a)fwps.orq NE TAC NEIGHBORHOOD COUNCIL 747 MARKET ST RM 900 TACOMA WA 98402-3793 LAND USE SVC KCDDES 35030 SE DOUGLAS ST # 210 SNOQUALMIE, WA 98065-9266 STEVE FRIDDLE CITY OF FIFE 5411 23RD STE FIFE WA 98424 sfriddle(a-)_cityoffife.org MIKE BULZOMI SOUND TRANSIT mike.bulzomi(a)-soundtransit.org SOUTH KING FIRE & RESCUE 31617 1 ST AVE S FEDERAL WAY WA 98003 chris.cahan(cD-southkingfire.org CENTURY LINK COMMUNICATIONS 23315 66TH AVE S KENT WA 98032 KRISTI KYLE PSE REGIONAL STRUCTURE PO BOX 97034 BELLEVUE WA 98009-9734 EXHI IT Tina Piety From: Margaret Clark Sent: Friday, January 04, 2019 1:19 PM To: Rick Perez; Brian Davis; Doc Hansen Subject: FW: TPR 10978 New Road Connection from S 324th Street East of 1-5 Attachments: TPR 10978 Mapping.pdf; TPE - BPPL OPL Design and Construction Standards 2018 (2).pdf From: Wakefield, Chase (SALEM LAND) [mailto:chase.wakeiield@bn.coml Sent: Friday, January 04, 2019 10:06 AM To: Margaret Clark Cc: Fehr, Timothy (SALEM LAND); Boyle, Keith (SALEM LAND) Subject: TPR 10978 New Road Connection from S 324th Street East of I-5 Good Morning Margaret, We have received the Comprehensive Plan Amendment to realign the extension of South 324`h Street East of 1-5. After reviewing the project, it will impact our 14" High Pressure Pipe Line that needs to be protected in that area. I have attached a map showing the approximate location of the 14" Olympic Pipe Line and our General Design and Construction Standards (GDCS). If you can meet our GDCS it will expedite the approval process. Please note: Our Third Party Request (TPR) number is in the subject line so we can readily reference the project when we are contacted. Thank you, O 44 -e, W ak� Chase Wakefield (Salem Land) 3`d Party Right of Way Agent Representing: BP Olympic Pipe Line 600 Southwest 39`h Street Renton, WA 98057 Email: chase.wakefield@bp-.com Lyric: 360-526-3057 Office: 425-981-2575 Margaret Clark From: Richard Pierson <EconoForester@msn.com> Sent: Friday, January 04, 2019 3:48 PM To: Margaret Clark Subject: Comments, File No. 18 -105898 -00 -SE Brian Davis, Director of Community Development, City of Federal Way (e-mail Margaret Clark@cityoffederalway.com): I am aggrieved by the City of Federal Way determination of Nonsignificance (File No. 18- 105898 -00 -SE) the extension of proposed South 324th Street to Weyerhaeuser Way South with the elimination of the connection to 32end Avenue South for the following reasons at this point: 1 -Subjecting Weyerhaeuser Way South to approximately 5,000 vehicles per day (p.14) does not recognize the traffic dispersion incorporated into the 2015 Comprehensive Plan utilizing both 32end Ave. S. (to S.320th and North) and Weyerhaeuser Way S. (via S 323rd Street). Under the proposed determination all of the increased traffic volume of 5,000 vehicles will go onto Weyerhaeuser Way South instead of being dispersed both onto Weyerhaeuser Way South and 32end Ave. South and its extension north. In addition the 2015 Comprehensive Plan did not recognized the proposed developments of DaVita and Industrial Reality Group's permit estimates to be initially 7,000 additional vehicles and 800 trucks per day. 2 -Relative to the SEPA Environmental Check List item 8. b., forest land use has been practiced on the proposed street extension consistent with 1994 Concomitant Agreement requiring a "Managed Forest Buffer" around the perimeter of the property. 3- Check list item 12. b. statement that the extension of S.324th street would "not displace any existing recreational use is challenged given the depiction of a trail in the City of Federal Way's "Weyerhaeuser Headquarters Site Conditions and Considerations" document, January 2015. Richard Pierson, 3516 S. 336th St., Federal Way, WA 98001, 253-205-1951 January 4, 2019 Brian Davis Director of Community Development/SEPA Official City of Federal Way '33325 8th Avenue South, Federal Way, WA 98003 Re: Comments on Comprehensive Plan Amendment to Realign the Extension of South 324th Street East of I-5 (Non -Project Action) File No: 18 -105898 -00 -SE Dear Mr. Davis, We generally favor the proposed realignment of the South 324th Street extension east of Interstate 5, although we have concerns about the increased traffic that will be funneled to Weyerhaeuser Way. But city officials have told us that this proposed realignment will support DaVita's plan to create a campus with a new office building that will bring well -paying jobs to the city. This is the type of development that Save Weyerhaeuser Campus has been advocating as appropriate for the area east of Interstate 5 that includes the historic Weyerhaeuser campus. However, in reviewing the SEPA checklist for this non -project action, we have these comments: 1. The proposed road should not eliminate the forested buffer that is required around the perimeter of the CP -1 property, under the terms of the 1994 concomitant zoning agreement. The CZA does not specify reduction of the buffer when a new road is constructed. The buffer should remain 50 feet on the north CP - 1 zone boundary and 100 feet along I-5, including future ramps. 2. If the Interstate 5 off -ramps are constructed, the South 324th Street extension should be required to become the only access point for semi -trucks entering and exiting the CP -I zoned property located north of South 336th Street (currently proposed as the Greenline Business Park). 3. Section 7, Environmental Health, should specify potential arsenic contamination in the soil. The property is within the plume zone of the now -defunct Asarco plant in Tacoma. Arsenic has been found in nearby North Lake, and the University of Washington is continuing studies to determine if arsenic is entering the lake from soil runoff. 4. Section 12, Recreational Use, should specify that the proposed street extension will eliminate portions of recreational trails in the CP -1 zone that have been used be the public for more than 40 years. 5. Section 13, Historic and Cultural Preservation, should state that the historic Weyerhaeuser headquarters building (and likely most of the landscape) are eligible for National Historic Register listing, as determined over a year ago by the state Department of Archaeology and Historic Preservation. We may have additional comments in the future as the comprehensive plan amendment works its way through the review/approval process. Respectfully submitted, Lori Sechrist President Save Weyerhaeuser Campus Margaret Clark From: Richard Pierson < Econo Forester@ msn.com > Sent: Tuesday, January 15, 2019 2:30 PM To: Margaret Clark Subject: Comprehensive Plan Would you please send me a link to the above? Also the other item that I am concerned about relative to File No. 18 -105898 -00 -SE is the increased safety issue related to the proposed intersection being located on a curve at the intersection with Weyerhaeuser Way South as compared to a minimal curve on the connection to Weyerhaeuser Way in the Comprehensive Plan from South 323`d Street. Please consider this as part of my public comments for the above DNS or let me know if I need to send in a sperate document. Richard Pierson 3516S.336 th St. Federal Way, WA 98001 z_ U Q w EXHIBIT. M N T Q m Q z N a) O1 M N U Q m W Q j 7 o a c C) m U) OD M -a W W W m Y O a) Ln a rn cu W U C7 Y a) c aa) w o_ �' L U 2 N % W a) a) (D a) c o L .� � _ N O C L C z L Cx m V Q d-gyLO p N ��11� O 01 a) (d f6 0 W LLJ W > J M a) a) U a) m c M > W v m LL 'a N m C (A 3: J W C� 2 -i 2 J J c .° -a n a Q !fl a) Oa,E c E N N L a) -D—)a) , F E co U YOa)>® -. z a)m �z -'a d A uO m: 6 c :_ _ - - 0 a 1.� C; —'—"' S AM N3sn3VHU3A3M N Cl) c SA.b c o� O H o m z c' O W w ^ C ,A i O _ G • v/- -' i CM cv i W C W LU IC LUs'�I1 NZE i�, ♦ A9M V II c o Om m z !;Iw li' A F 0. n e ^I a f^ z oo o rn r O m z cc II. �1At/ x 3� I 6a I CL v d� y M a� 1 i m e C _ .. _. a ' U EM d ..... _.... - ...... .. _. v Ui 0 U u9.38 ° O O U C � a7 _.. _ ' __-_ 9 AV H1SZ Map I 113 0 ' M"city a U4. Functional Classification of Existing Federal Way � �,"' ••." Comprehensrve Plan and Planned Streets and Highways Des Kent EXfj1B1T Manes 1 k.-•r Wd y i �ExistindIignment of the South 324th Street extension east of I -S I Tacoma Legend r _.m City Limos r i i Potential Annexation Area t Sir"Is and Highways , Interstate V Principal Artenot � �N o. � r%I Minor Artenal / i ^40rp Princal Collector Mt11tx1 �v Minor Calector n EUgeW(7tX,! Transportation Element FederalWayThis map is intended far vs! Sae ' as a graocal representation. 4 i The Coy of Federal Way makes r��:'4 �ar1.�ec��-•ra�a�.rca>.r c� :�::+.� - no WwTanly as to its accuracy. Draft Minutes of the February 20, 2019, Planning Commission Public Hearing CITY OF FEDERAL WAY PLANNING COMMISSION February 20, 2019 City Hall 6:30 p.m. City Council Chambers MEETING MINUTES Commissioners present: Wayne Carlson, Lawson Bronson, Hope Elder, Tom Medhurst, Tim O'Neil, Diana Noble-Gulliford, Dawn Meader McCausland, Dale Couture, and Eric Olsen. Commissioners absent: None. City Staff present: Community Development Director Brian Davis, Planning Manager Robert "Doc" Hansen, Principal Planner Margaret Clark, City Traffic Engineer Rick Perez, Deputy City Attorney Mark Orthmann, and Administrative Assistant E. Tina Piety. CALL TO ORDER Chair Carlson called the meeting to order at 6:30 P.M. APPROVAL OF MINUTES The February 6, 2019, minutes were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING: 2018 Comprehensive Plan Amendments/3241' Road Extension City Traffic Engineer Perez delivered the staff presentation. He went over the proposal and its history. The original reason for an extension of 324`x' is to improve access to and from the City Center. As part of the proposal, staff recommends bicycle/pedestrian access to 32nd from 324`x' as part of the continuation of the BPA trail. Commissioner O'Neil asked for clarification that the city will get the land from IRG. Engineer Perez stated that when they develop, the will give the city the land for the road (and thereby will not have to pay any traffic impact fees). Commissioner O'Neil asked who will pay for the road. Engineer Perez replied that the city is working on funding. Chair Carlson opened the meeting for public testimony. Richard Pierson — He has written comments he will submit. He is opposed to the proposed extension. One reason is he feels it will have adverse effects on other aspects of the comprehensive plan. He feels the existing alignment is a way to add a ring road on the east side. He commented that to access 32nd from the proposed extension, one would have to make two left turns and a right. Left turns lead to more accidents than right turns. He is also concerned with the safety of the intersection of the proposed 324`x' and Weyerhaeuser Way because it will be on a curve. It is not clear how the proposed road will bisect East Campus. Planning Commission Minutes February 20, 2019 Suzanne Vargo — She spoke in opposition of the proposal. She noted that the retention pond that was put into place in the 70s will be removed and a large retention pond put on North Lake. She does not think this is a good idea for the hydrology and environmental sensitivity of the area. We need to leave something for the future. She also noted that the Olympic pipeline would have to be moved and is concerned about the safety (mentioned the pipeline accident that had happened in Whatcom County). An accident could be catastrophic for our area as these are the headwaters of the Hylebos. Public testimony was closed. Commissioner O'Neil is concerned over the amount of road building that would be necessary for this project. Can DaVita work with the city to leave the plan as it is? Engineer Perez commented that they presently lease a building to the west and want only a parking lot between the buildings. The city was unable to come up with an alignment that would allow this. In the current plan, the road would go right through their proposed building. Commissioner O'Neil asked if the city will plan for a round -about at Weyerhaeuser Way and 324th. Engineer Perez stated the city will consider it. It would help address the concern with left turns. He went on to say the city will be looking for some of the funding to come from the state. It will be a multi -phase project with a cost likely of over 1/4 billon. He expects it will be six to ten years for the first phase. Commissioner O'Neil asked if the city will be moving the retention pond as stated. Engineer Perez stated the city has no plans to move the retention pond. Commissioner Medhurst commented that he feels the proposal will lead to a redundant road to accommodate a developer; a road that from a traffic standpoint we don't need. Engineer Perez commented that since staff hasn't completed an analysis for 324`x', we don't know if the original plan would be sufficient to accommodate the proposed traffic. Commissioner Meader McCausland asked for clarification of the timing of this proposal. Why is the proposed extension needed right now? Engineer Perez stated that DaVita has submitted their land use plans to the city and will be unable to develop according to their plans unless the proposed extension realignment is granted. They will abandon the project, and likely the city has a whole, if the realignment is not approved. The actual construction of the road likely won't happen for another ten years. Chair Carlson asked staff to show where the Olympic pipeline runs through the city. Engineer Perez commented that the city will have to deal with the pipeline whether this proposal is accepted or not. Commissioner Bronson suggested the Commission table until this fall until we know more about what will happen at the crossing where 324`'' crosses I-5. Deputy City Attorney Orthmann explained that since this is a public hearing, the commission must take action as outlined in the staff report (adopt, not adopt, no recommendation, or adopt as modified). Timing is critical for the DaVita project. Commissioner Bronson moved and Commissioner Noble-Gulliford seconded to recommend that the proposed amendment not be adopted. Discussion was held of how denial of the proposed amendment will affect the DaVita project. The city doesn't have a firm timeline, but knows DaVita wants to break ground as soon as possible. Community Development Director Davis commented that DaVita may choose not to relocate to Federal Way if the realignment is denied. DaVita wants to consolidate their operations and their current proposed project is the best way for them to do that. The project is not feasible with the current road plan. He stated the proposed realignment is about connectivity and the road will remain in the comprehensive plan whether as currently proposed or realigned. The road will be needed because there is not enough capacity on 320`x' to handle the future traffic. Chair Carlson commented that he supports the proposal. He appreciates that the city is considering a bicycle/pedestrian route. In addition, he feels employment opportunities should be considered. Commissioner O'Neil commented that he has Planning Commission Minutes February 20, 2019 walked in the area and feels there is no "good" answer, but considering it could bring in jobs, supports the proposal. Commissioner Bronson feels there much is going on in the area that are not certain and feels there hasn't been enough study of the impacts. A roll -call vote was held (Carlson, no; Medhurst, no; Bronson, yes; Elder, no; Noble-Gulliford, no; Meader McCausland, no; O'Neil, no) and the motion failed. Commissioner Bronson moved and Commissioner Elder seconded to recommend that the proposed amendment be adopted. There was no further discussion. The vote was held and the motion carried (unanimous). The public hearing was closed. PUBLIC HEARING: 2018 Comprehensive Plan Amendments/Milton Road Area Legislative Rezone Planning Manager Hansen delivered the staff report. He went over the history of the proposal. He also explained the SEPA process, significance, and the differences between project and non -project actions. The city received 37 comments in opposition to the proposal and two in favor. Manager Hansen gave a summary of the comments. He noted they deal with project issues as opposed to the non project proposal. Project issues will be considered when a project is applied for. He noted the only change proposed is the change to the zone (apartments are not allowed in the proposed zone). Chair Carlson opened the hearing for public testimony. Suzanne Vargo — She is speaking for the animals and trees/vegetation. The typography is Vashon Till (sandy loom). She asks that the city perform an EIS for the entire area. She noted the restoration of the Ellingson wetland has not been fulfilled and it has been two years. The city sounds like they expect nothing to happen once the rezone takes effect. People will build more houses once the rezone is in effect. She is concerned for the pipeline, the aquifer, and typography. She requests the city have a hydrological critical areas assessment done. Roger VonDoenhoff— He is against the proposal. It will lead to traffic, crime, and detrimental environmental impacts. The city says this is a non -project action, and therefore project issues don't matter, but the intent is to allow projects to happen. Yes, there are regulations, but the intent is to make developments work. This is the appropriate time for us to express our concerns. The city needs to consider all the impacts and how to mitigate them. He asks that the city consider RS 15 zoning and that the road through his property be deleted. Mark Spaur — He gave the Assistant Piety a copy of his PowerPoint presentation to be included with the minutes. He disagrees with what Manager Hansen said that project issues should not be considered as part of a non -project action. Future development needs to be considered. The 1995 EIS didn't consider this area because it was not a part of Federal Way at that time. He went over a number of regulations he feels the city did not address adequately. A number of projects have been done in this area and the city should do a comprehensive EIS that considers all the changes. He asks the city take into account regulations for low impact development. Rick Beard — One of the original applicants for the proposed rezone. The Puget Sound area is in the midst of a housing crisis. In order to keep people from homelessness, we need houses. Building more homes will help everyone. Lesley Roth — She lives in Brittany Lane. She is concerned with the environment and pipeline. She suggested an updated EIS be done to consider all factors. She is not against growth, but it needs to be done in a measured and understood way. Pam Otteson — She lives within the rezone area. She is in favor of the proposal. When you drive down 19`h Way South you will discover it ends in a barrier, like it should have gone farther. There are 19 driveways on it and the road is wide with adequate sight distance for each driveway. There are 12 driveways on Milton Road, but the road is not very wide and the driveways all have inadequate sight distance. If the area is developed, Milton Road would be widened and there will be sidewalks. Planning Commission Minutes February 20, 2019 Yuri Zaharchuk— He is opposed to the proposal. A lot of older people and kids walk and ride their bikes on 19`x' Way South. He is concerned for their safety. They have a lot of problems with crime. Robert Coleman — He agrees with the idea of removing the proposed minor collector from the comprehensive plan. It will become a major through thru if it is built. There is a major school bus stop in the area. There is a sign stating compression brakes may not be used, meaning truck traffic is allowed. Mary Perron — She lives near Wild Waves and sees a lot of crime. People park on the outskirts of the park and ignore the no parking signs. She doesn't feel safe. They hang out in the cars and drive too fast. Darrin Beam — Punching through the road will lead to more traffic. They have a fantastic neighborhood that would be destroyed. There is a lot of drug activity in the area. Punching the road through will lead to more homelessness in the area. Arnie Ellingson — One of the original applicants. He has four properties in the area. He has been trying for five years to rezone. He wants to retire. Most of the people testifying have houses already. They want his trees to stay to protect them from the noise. The city has an ordinance stating that a certain number of trees must stay if the property is development. He wants to be able to develop his land. Edith Neether — She is one of the original applicants. She has lived in the area since 1968. She went over the history of the area and noted she has a right to develop her property. She feels her area is neglected. The road is dirty and traffic is very bad. She and her husband want to move. Alex Costin — Regency Woods and Brittany Lane are one of the best kept secrets in Federal Way. It is shielded from the noise of I-5 by the trees in the proposed rezone area. If the trees go, the noise will become unbearable. He is also very concerned about the crime in the area. He feels he is forced to keep loaded guns in his house due to the crime in the area. The city needs to consider the long-term impacts. Many people have already moved out of the area because of crime and traffic, and the rezone will only increase the problems. Sherri Stanton — She lives in Regency Woods. She opposes the rezone. She suspects the rezone will have a negative impact on her neighborhood. Families in the neighborhood want a safe place to raise their kids. They want to feel the city supports them. And they want a clean environment. Roger Swenson — He lives next to Wild Waves. He has seen a lot of wildlife in his yard (including cougars and bears). When they redid Milton Road not long ago, they made his driveway steeper. More work on the road will make it even steeper. This makes it hard for him and his wife to get out of the driveway. He sees people doing drugs and has had people attempt to steal his vehicles. Growth happens, but he is concerned with the crime it is bringing. The public testimony was closed. Commissioner O'Neil agrees that if the area is rezoned, people will soon begin to develop the area. He is concerned with the infrastructure. We need to be sure we have the infrastructure to support the development. Specifically, he is concerned if the city will be able to support the traffic and if the schools will be able to support the influx of students. In addition, he has heard that Lloyds plans to redevelop with multi -family, which while not in Federal Way, will send more traffic through Federal Way. Planning Commission Minutes February 20, 2019 Commissioner Noble-Gulliford asked how citizens would apply to remove the proposed road from the comprehensive plan. Engineer Perez explained the procedure. She then asked if a cluster development be allowed. Manager Hansen responded that currently cluster development is a demonstration project in the code. Per the current code, there would not be a change of density with a cluster development. There would have to be a code amendment to allow a cluster development in this area. Discussion was held about how many houses might be developed in the proposed rezone area. Staff feels when taking constraints into consideration, up to 144 houses could be developed in the area. Commissioner Medhurst doesn't understand why the city is pursuing a rezone of this area when the owner (Mr. VonDoenhoff) of 20 percent of the land opposes the rezone. Manager Hansen commented that the city is considering the long range impacts. It takes into consideration the comprehensive plan policy of infill development. The city's analysis shows that an area zoned compatible with adjacent areas is "protected" and will create an area in which the density is not increased. He also noted that changing the zoning doesn't require the property to make changes. Discussion was held in regards to the proposed 376t1i street. Engineer Perez noted that one of the concern of the city is connectivity, which is why 376t1i is shown extended. Engineer Perez has heard that Lloyd's is interested in developing warehouses. If this happens, Federal Way would be opposed to any plans that would send trucks to the north. The city would expect developers to improve roads to allow trucks to travel south. Commissioner Meader McCausland asked if there are any planned improvements to Milton Road. Engineer Perez commented that is in the comprehensive plan to be widened to two lanes, but this is not a high priority, so is many years away. There are many competing priorities. Commissioner Meader McCausland would like to see an additional environmental study in this area. Commissioner O'Neil asked if the school district has any say in the proposed rezone. Manager Hansen replied that the city notified the school district of the proposal and they had no comment. Attorney Orthmann commented that school impact fees will help with any impacts. Commissioner Bronson moved and Commissioner Noble-Gulliford seconded to recommend that the proposed amendment be adopted as proposed. There was no additional discussion. The vote was held and the motion carried (six yes and one no). The public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting adjourned at 9:30 P.M. KAPIanning Commission\2019Weeting SummaryWeeting Summary 02-20-19.doc Planning Commission Minutes February 20, 2019 COUNCIL MEETING DATE: March 19, 2019 ITEM #: 8b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Relating to the 2018 amendments to the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map for the Milton Road Area Legislative Comprehensive Plan Amendment and Rezone. POLICY QUESTION: Should the City approve the legislative comprehensive plan amendment and rezoning of 56.06 acres located north of south 376th Street, east of Interstate 5 from Single Family Medium Density (RS 35.0, one unit per 35,000 square feet) to Single Family High Density (RS 7.2, one unit per 7,200 square feet)? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: March 4, 2019 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Principal Planner, Margaret Clark DEPT: Community Development .................................._..._....._....................__._............................................................. ....... ....._-..................................................... Attachments: 1) Draft Adoption Ordinance with Exhibit A; 2) February 9, 2019, Staff Report to the Planning Commission with Exhibits A -S; 3) Draft Minutes of the Febr�u�Y 20, 2019, Planning Commission Public Hearing; 4) Additional public comment received. 5) &iak(% i 4fCW-4-CAA' 1 �7Yb-"U 2t, 2019 Background: The Planning Commission conducted a public hearing on February 20, 2019, at the close of which they recommended to the City Council approval of the Mayor's recommendation on the city -initiated legislative comprehensive plan amendment and rezone of 56.06 acres located north of south 376th Street, east of Interstate 5 from Single Family Medium Density (RS 35.0, one unit per 35,000 square feet) to Single Family High Density (RS 7.2, one unit per 7,200 square feet) Options Considered: 1) Adopt the Mayor's recommendation as contained in the draft adoption ordinance; 2) Adopt the Mayor's recommendation as modified by the LUTC; 3) Do not adopt the Mayor's recommendation; or 4) Refer the amendments back to the Planning Commission for further proceedings. MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the draft adoption ordinance. COMMITTEE RECOMMENDATION: I move to forward Ile~--, Chair PROPOSED COUNCIL MOTION(S): used ordinance to First Reading on March 19, 2019 Member Commi ee Member FIRST READING OF ORDINANCE (March 19, 2019): "1 move to forward approval of the ordinance to the April 2, 2019, Council Meeting for enactment. " SECOND READING OF ORDINANCE (April 2,2019): "1 move approval of the proposed ordinance." /`/ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED . First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- I2n017 RESOLUTION # 40k CITY OF Federal Way CITY OF FEDERAL WAY MEMORANDUM DATE: February 28, 2019 TO: Federal Way City Council VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Directorv'� Robert "Doc" Hansen, Planning Manager 'Rh Margaret Clark, Principal Planner ;;;4;V� SUBJECT: Milton Road Area Comprehensive Plan Amendment and Legislative Rezone MEETING DATE March 4, 2019 I. FINANCIAL IMPACT The approval of the following proposed Code amendment will not cost the City any additional funds, and will require no transfer of general funds for the action. II. BACKGROUND This is a legislative action initiated by the City Council for a comprehensive plan amendment and rezone for 26 parcels (56.06 acres) in the Milton Road area east of I-5 (Exhibit A) from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential (RS 7.2, one unit per 7,200 square feet). If the proposed comprehensive plan amendment is approved, appropriate zoning changes would be made concurrently. Six owners of 13 lots (Exhibit B) in this area originally applied for a comprehensive plan amendment for their individual properties in September 2016, requesting a change from "Medium Density Single Family Residential" to "High Density Single Family Residential." They requested zoning of either RS 7.2 or RS 5.0. On July 18, 2017, at the end of the City Council public hearing for "Selection" to determine whether the requests should be considered further, the City Council gave staff direction to contact the other property owners with RS 35.0 zoning to find out whether they would like to join in with the six requests. Staff notified the other 11 property owners in writing and gave them until September 29, 2017, to respond. No one responded by the deadline. However, three of these owners indicated interest in being part of the proposal after the given deadline. A public hearing was held by the Federal Way Planning Commission on October 25, 2017, and they recommended denial of the separate proposals. At the Land Use and Transportation Committee meeting on December 4, 2017, the Committee agreed with the Planning Commission and moved the proposal to first reading by the Council. At first reading, the Council voted to table the six requests and send them back to the Planning Commission to consider a legislative amendment for the entire area presently zoned RS 35.0. This action neither approved nor denied the requests, but only required them to be considered at a public hearing by the Planning. Commission for recommendation to the Council. Milton Road Area Comprehensive Plan Amendment & Legislative Rezone Page 1 of 1 III. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. IV. PROCEDURAL SUMMARY Steps Date Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (Exhibit A) January 4, 2019 End of SEPA Comment Period January 18, 2019 Planning Commission Study Session February 6, 2019 End of SEPA Appeal Period February 8, 2019 Public Hearing before the Planning Commission February 20, 2019 LUTC Meeting March 4, 2019 City Council 1st Reading March 19, 2019 City Council 2nd Reading April 2, 2019 V. PUBLIC COMMENTS RECEIVED Citizens in Opposition or Asking Questions Written comments in opposition to the comprehensive plan amendment and rezone, or asking questions, were received from 38 citizens. Table I No. Summary of Comments Names 1 Is curious about the impact on the public schools and what the city intends Genipher Owens to do to manage the increased traffic, citing the already problematic traffic from Wild Waves. 2 Extension of South 376h Street to 19"' Way South will increase traffic, Travis Geving including dump trucks, which will tear up the roads. If the road is punched through, he would like to see speed bumps installed. The city will need to increase police patrol to reduce speeding. The community park will become less safe for children and there will be an increase in vandalism and drug Milton Road Area Comprehensive Plan Amendment & Legislative Rezone Page 2 of 2 No. Summary of Comments Names use at the park. 3 Concerned about increased traffic on Milton Road between Porter Way and Brett and Pam Thomas Milton Road. Also concerned about the safety of children and the elderly walking in the area and bicyclists. 4 Concerned about the increase in crime if multi -family development occurs. Mike and Connie The rezone will make traffic worse, increase gridlock, and exhaust fumes. Czerwonka The local tot lot is where South 376`' Street would be extended, so concerned about the safety of children. Also concerned about Lloyd's gravel trucks passing through the neighborhood. 5 If the area is rezoned, a new I-5 exit at South 375`h Street should be part of Chris Givens the traffic mitigation. 6 Opposed to extension of South 376`h Street to 19`h Way South due to safety David Blake concerns. 7 Asked for clarification on what is being proposed. Kym Moses 8 Stated that the traffic analysis assumes that 19`h Way South will be extended Mark Spaur through South 376`h Street to Milton Road South and this is unacceptable for several reasons. There will be an increase in traffic; there is a community park at the end of 19`h Way South and speeding cars will create a safety risk for children playing in the park; the extension would have to cross the vonDoenhoff property and the road easement no longer exists; the road would also have to cross a wetland; traffic at the intersection of Milton Road is already intolerable when Wild Waves is open. 9 Made two suggested changes to the environmental checklist relating to the Mark Spaur need for additional future environmental studies related to the impacts on surface water. 10 The comprehensive plan and the amendment process should not allow "high Roger and Jayne density" everywhere; Spring Valley should remain relatively low density to vonDoenhoff protect the ecologically sensitive areas, including the Hylebos. Concerned about increased traffic and backups. Stated that the traffic analysis assumes that South 376`h Street can be punched through the middle of their 20 -acre parcel. However, there are a number of reasons why this is not feasible: the road through their property has been vacated; punching the road through would make the southern portion of their property unusable; the road would be within 20 feet of their house and would run through a wetland; the road would increase traffic in Brittany Lane and Regency Woods next to a children's playground and also increase traffic in front of an assisted living facility. If the area is rezoned, they would request RS 15.0 and not RS 7.2 or RS 5.0 zoning. 11 In the planning of new developments in the Milton Road area, the city must Mark Spaur mandate Low Impact Development (LID) and Green Stormwater Infrastructure (GSI) methods, such as permeable pavement for roads and driveways, bio retention ponds and roof rainwater collection and dispersion systems. 12 He does not believe that the statement in the environmental checklist, that Mark Spaur the restrictive covenants of Regency Woods Division would prohibit further division of lots, is correct. 13 Additional housing and new road infrastructure will be an additional source Sarita Breivik of pollution collecting in stormwater. The increase in stormwater pollution levels discharging to the Hylebos and Puget Sound will have a negative impact on salmon and orca populations and other wildlife residing in the area. Extension of South 376`h Street to 19`h Way South will put the residents of Brittany Lane and Regency Woods at increased risk of crime, Milton Road Area Comprehensive Plan Amendment & Legislative Rezone Page 3 of 3 No. Summary of Comments Names will increase traffic through Brittany Lane and Regency Woods, and cause a safety hazard to children playing in the park and walking to school. In addition, additional housing would put an added strain on the schools, negatively impacting children's education. 14 Objects to the punching through South 376`h Street to 19`h Way South Bob Coleman because it would make traffic worse in the neighborhood. Traffic from Milton Road, including Lloyd's and Port of Tacoma truck traffic and commuter and casino will speed through the neighborhood. In addition, there is a park at the southern terminus of South 19`h Way South, where the road would be punched through. 15 Object to construction of apartments or condos, but do not object to single Kim and Scott Moses family houses. 16 Objects to the punching through South 376`h Street to 19`h Way South Lily Stadnik because it would make traffic worse in the neighborhood. Traffic from Milton Road, including Lloyd's and Port of Tacoma truck traffic and commuter and casino will speed through the neighborhood. In addition, there is a community park and bus stop at the southern terminus of South 19th Way South, where the road would be punched through. In addition, the value of homes will suffer. 17 Objects to the punching through South 376`" Street to 19`h Way South as it Sylvia Molzahn will open up the neighborhood to more crime. In addition, roads and schools are already overcrowded. It will also cause a hazard to residents, who use the sidewalk for walking. 1.8 Increased traffic and speeds of traffic in the neighborhood would create a Monica Hirano safety hazard and detract from the character of the neighborhood. 19 Have concerns about increased exhaust from increased traffic. Also Betty Latham connecting South 376`h Street and 19`h Way South would increase traffic, making it unsafe for children to ride their bike, neighbors who walk for exercise, and children who play in the park. 20 Concerns about traffic impacts on the roadways and intersections adjacent Sarita Breivik to the proposed rezone area, which are already at and above capacity. The backups affect state highways and increase response time for emergency vehicles and personnel. 21 States that the schools are already overcrowded; has concerns about Kathy Walton increased traffic; and the assumption that South 376`h Street would be extended to Milton Road South as there is a park there and the extension will create a safety hazard. In addition, increased traffic would detract from the character of the neighborhood and increased building will result in the cutting down of trees in the beautiful forest that helps mitigate noise pollution from 1-5. 22 Concerns about increased traffic, overcrowding of schools, and the type of Maksim Tomilov housing, whether apartments or houses, will be built 23 Requests that the transportation impact analysis be changed to not include Lesley Roth the connection of South 376`h Street and 19`h Way South due to increased traffic and the presence of children playing in the park. Also has a concern that representatives from the fire, police, and public schools have not commented on the impact to their services. She would like to know their plans for absorbing the growth in this area. 24 Connecting South 376`h Street and 19`h Way South will destroy their way of Alex Costine life, will drastically lower house prices, will be extremely dangerous to Milton Road Area Comprehensive Plan Amendment & Legislative Rezone Page 4 of 4 No. Summary of Comments Names children and elderly people in the neighborhood, and turn the quiet neighborhood surrounded by beautiful trees into a smog -filled area. It will also increase traffic, including semi -trucks going to the Port of Tacoma and bring potentially dangerous people going to gamble at the casino into their neighborhood. 25 Same comments as #24 Elina Costine 26 Same comments as #24. Yuri Zaharchuk 27 Same comments as #24. Tatyana Omelchenko 28 Same comments as #24. Tatyana Lukomskaya 29 Opposes connecting South 376`h Street and 19`h Way South to build more Washington Pro houses. Roofing LC 30 Concern for wildlife that may be displaced b construction of new houses. Chris and Christina Also concerned about connecting South 376` Street and 19`h Way South Call due to increased traffic and impact to children, families, and dogs playing in the park. In addition, children need to cross the street and walk to the bus stop and increased traffic poses a safety hazard. 31 Connecting South 376`h Street and 19`h Way South will make the Daniel Zaharchuk neighborhood less safe, increase noise, increase traffic, and impact people walking with their families and kids riding their bikes. 32 Concerns about increased traffic and safety. Yonas Ocubazghi 33 Opposes the extension of 19`h Way South to Milton Road because it will Sheri Stanton have a negative impact on the livability of Brittany Lane and Regency Woods and it would cut through an identified wetland. A reasonable compromise would be to rezone the parcels but require the developer to leave a natural green buffer between the redeveloped lots and Brittany lane to mitigate pollution and noise. 34 States that the wetland on the Ellingson property needs to be restored; Suzanne Vargo questions whether portions of the site has Everett Gravelly Sandy Loam (EvC) soil; states that the zoning must remain low density due to the soil make up; concerned about impacts on wetlands and their buffers if single family homes are built, which are exempt from review under the State Environmental Policy Act (SEPA); concerned about removal of trees due to their buffering effect for air and noise from I-5; requests a full study of birds and mammals in a three-mile radius of the proposed rezone area; requests that it be investigated whether this area is a key resting spot for migrating birds; concerned about the impacts on wildlife; states that this area is affected by the Tacoma Smelter Plume; concerned about the impacts of construction equipment on the aging Olympic Pipeline, which runs parallel to I-5 on the east, west of Milton Road South; the city needs to develop an emergency plan to address these issues; and concerned that the removal of trees will increase the noise impacts from jets. 35 The 1995 Environmental Impact Statement (EIS) did not analyze impacts in Mark Spaur this area as it had not yet been annexed by the city. He believes that it is time for the city to do another EIS that includes the areas annexed by the city since 1995, includes the Hylebos Watershed, includes the city's new vision for transit and development, and use the EIS process as intended to weigh the cumulative impacts of proposed development on the environment. 36 Concerns about whether the376th bridge and 19`h Way South/South 376`h Matthew and AnnDU Streets were built for heavy traffic and commercial trucks. Also concerned Do Milton Road Area Comprehensive Plan Amendment & Legislative Rezone Page 5 of 5 No. Summary of Comments Names 1 about potential future traffic impacting the Brittany Lane park and the Loren and Shannon senior living facility south of South 376th Street. Neighbors 37 States that even though a legislative comprehensive plan amendment and Mark Spaur 2 rezone are non -project actions, guidance from the Department of Ecology is Michael and that when a non -project action involves a comprehensive plan or similar Genipher Owens proposal governing future project development, the probable environmental impacts associated with future development need to be considered. He also states that additional stormwater analysis should be done to evaluate impacts on the Hylebos Watershed and that future development should utilize Low Impact Development (LID)/Green Stormwater Infrastructure (GSI) methods. He is also requesting that the South 376"' Extension to 201h Way South be removed from the Comprehensive Plan as part of this process. 38 They are requesting an Environmental Impact Statement be done; would Diane and Melinda like a traffic study be prepared to address the impacts of Wild Waves during Evans peak season and the impact associated with the Lloyd's gravel trucks on I-5 and Highway 99; are concerned about impacts on the senior housing to the south, and safety for children waiting for the school bus, walking, or riding bikes. Also concerned about protecting the wetlands, woods, and wildlife. Citizens in Favor of the Change Two citizens were in favor of the change (Table II). Although, no written comments were received from the original six applicants, it is assumed that they would be in favor of the change. No. Summary of Comments Names 1 They are in favor of the comprehensive plan amendment and rezone to RS Loren and Shannon 5.0 (single family, one unit per 5,000 square feet) because there is a need Neighbors for middle class housing near to good mass transit. 2 They are in support because they believe that growth is imperative to Michael and ensure the local community stays on pace with the progressive and Genipher Owens economic growth of the larger community and believe that any inconvenience growth may cause will be far outshined by the benefits to the community. However, they are concerned that the School District did not comment on the impact such a growth will have on the already underperforming schools. VL COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150 1. FWRC 19.80.140, Factors to be Considered in a Comprehensive Plan Amendment — The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There should be no adverse impact on the physical environment related to development of this area, regardless of zoning as the city has adopted codes in place to protect the environment. Milton Road Area Comprehensive Plan Amendment & Legislative Rezone Page 6 of 6 Aquifer Recharge Areas (Groundwater) Federal Way is dependent on groundwater as a source of drinking water. Water from rainfall, snowmelt, lakes, streams, and wetlands seeps into the ground and collects in porous areas of rock, sand, and gravel called aquifers. Aquifers hold varying amounts of groundwater that can be extracted or pumped for use. Groundwater pumped from Lakehaven Water and Sewer District wells originates from three aquifer systems that underlie the city: the Redondo -Milton Channel Aquifer, the Intermediate Aquifer System (Mirror Lake and Eastern Upland Aquifers), and the Deep Aquifer/ Wetlands The city's Critical Area Map identifies three Category II wetlands in this area, one on parcels 322104-9136 (number 11 in Table II), 322104-9036 (number 9 in Table II), and 322104-9138 (number 10 in Table II, Ellingson). One on the southern portion of parcel 322104-9063 (number 20 in Table II, vonDoenhoff), and one on parcels 322104-9001 (number 18 in Table II, Kaprosky) and 721266-1090 (number 22 in Table II, City of Federal Way). These appear to be Category II wetlands with 105 -foot wide buffers. There also appears to be another wetland on portions of parcels 322104-9050 (number 12 in Table I, Ellingson), 322104-9126 (number 16 in Table II, Semenyuk), and 322104-9063 (number 20 in Table II, vonDoenhoff). The city's wetland consultant has identified this wetland as a Category III wetland with a 60 -foot wide buffer. Any future development within 225 feet of these wetlands will require a critical area study to be approved by the city. This must include a wetland classification and buffer determination under the city's current wetland rating system. The site is located within the Hylebos Creek Basin and Conservation Flow Control Area. Any water -related or erosion -related impacts associated with future development must be mitigated in compliance with the city -adopted 2016 KCSWM and the City of Federal Way Addendum. This requires any erosion -related impacts created during clearing and construction activities, to be addressed according to a Temporary Erosion Sedimentation Control Plan (TESL), which is a standard part of engineering review and approval. (2) The effect on open space, streams, and lakes. Please refer to responses under Section V.1 (1) above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. There are 26 parcels, totaling approximately 56.06 acres, with 18 different property owners designated Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) in this area. There should be no impact to surrounding land uses as to the north is the SeaTac Rest Area; Enchanted Park/Wild Waves Amusement Park is located to the northeast; a retirement home, The Meridian at Stone Creek, and vacant land is located to the south; Brittany Lane/Regency Woods, Division II is located to the east; and Milton Road South and I-5 are located to the west. Any higher density development to the north of South 376"' Street would require upgrading South 376th Street and Milton Road South to urban road standards, including the construction of sidewalks, making for a safer walking environment. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. Milton Road Area Comprehensive Plan Amendment & Legislative Rezone Page 7 of 7 All public utilities, except sewer and stormwater facilities, are available to these parcels. The parcels are presently on septic, and the nearest existing sewer system facilities intended to ultimately serve this area are approximately 1,100 feet southeast of parcel 322104-9050. The parcels are accessed by Milton Road South, South 372d Street, and South 376`h Street. If a comprehensive plan amendment and rezone from Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential and Single family (RS 7.2, one unit per 7,200 square feet) is approved, Milton Road South, currently a rural road, will have to be improved to urban standards. The easterly curve of Milton Road South in the 37200 block does not meet current standards. It would either have to be realigned or a roundabout constructed. There are a wide variety of recreational opportunities in the city. These opportunities include Dash Point State Park (a 398 -acre state park on the west side of the city, operated and maintained by Washington State Parks); Celebration Park (an 84 -acre city -owned community park located approximately in the middle of the city with ballfields and walking trails); Town Square Park (a four acre city -owned community park located in the City Center); and recreation trails in the Bonneville Power Administration right-of-way. There are also a number of other parks and open space areas scattered throughout the city; however, there are no existing recreational facilities east of I-5 in this immediate vicinity, except for the Enchanted Park/Wild Waves Amusement Park, located to the northeast. City codes require provision of on-site open space, or a fee -in -lieu of open space, when land is subdivided for single-family uses. If the parcels are developed with single-family homes in the future, impacts on schools should be mitigated by the payment of a school impact fee. The 2019 school impact fee is $7,221 per single family dwelling unit. (5) The benefit to the neighborhood, city, and region. There are 26 parcels, totaling approximately 56.06 acres, with 18 different property owners designated Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) in this area. According to an August 23, 2017, article in the Seattle Times, for the first time ever, the median King County home price has grown more than $100,000 in just a year. The new median price was $658,000 or $103,000 more than the previous July, according to monthly data released by the Northwest Multiple Listing Service. In southwest King County, the median price for a single family house was $385,250 at that time, up 11.7 percent from the previous year. Prices have since levelled off. However, a major reason for high housing prices is the lack of supply of housing; therefore, providing more opportunities for single family housing will benefit the city and region (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. Approval of this request could result in 160 additional single-family units. Federal Way has a housing target of 8,100 new residential units over a 25 year period (2006-2031). At the time that the last capacity analysis was completed (December 2012), the city had capacity for 8,443 new residential units made up of 2,412 detached single-family homes and 6,030 multi -family units. The capacity for 4,880 of those 6,030 multi -family units was located in mixed-use development zones, and 1,151 units were located in multi- family zones. Based on this data, there appears to be a need for additional capacity for single-family homes. Milton Road Area Comprehensive Plan Amendment & Legislative Rezone Page 8 of 8 (7) The current and projected population density in the area. There are 21 single family units on approximately 56.06 acres, which results in a density of approximately 0.4 units per acre. If a request for a change in comprehensive plan and zoning designation to Single Family High Density Residential and Single Family (RS 7.2, one unit per 7,200 square feet) is granted, this would result in a density of approximately four units per acre. However, due to the presence of wetlands, and the need for future streets to meet block perimeter requirements, future density is estimated to be approximately three units per acre. Cluster development may create higher densities in some areas, but such development would result in large open spaces making it comparable with adjacent lands. (8) The effect upon other aspects of the comprehensive plan. Approval of RS 7.2 zoning will not affect other aspects of the comprehensive plan. 2. FWRC 19.80.150, Criteria for Amending the Comprehensive Plan —The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Changing the designation from Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential and Single -Family (RS 7.2, one unit per 7,200 square feet) does have a substantial relationship to public health, or safety in that smaller lots may result in more housing at less cost, which bears a substantial relationship to the welfare of that segment of the population that may be struggling to find affordable housing. (2) The proposed amendment is in the best interest of the residents of the city. Please see responses under Sections V (1) (5) and V (2) (1). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. The comprehensive plan amendment and rezone under consideration is consistent with the following goals of RCW Chapter 36.70A.020 (2) of the Growth Management Act (GMA): "(i) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. "(ii) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. "(iii) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock." Milton Road Area Comprehensive Plan Amendment & Legislative Rezone Page 9 of 9 The proposal is also consistent with the following policies of the comprehensive plan: "LUP 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. "HP15 As appropriate, reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots. "HP16 Increase capacity and encourage greater diversity of housing types and costs for both infill and new development through various methods, such as inclusionary zoning, density bonuses, and transfer of development rights, cluster housing, cottage housing, garden housing, duplexes, and low to moderate density housing types. VII. PLANNING COMMISSION ACTION At a public hearing on February 20, 2019, the Planning Commission heard a staff presentation presented by the Community Development staff and subsequent public comments regarding the proposal. Residents from the adjacent Regency Woods community provided testimony to deny the proposal; citing potential increase in crime, traffic, and degradation to the environment. Residents in the area of the proposed change spoke in favor. After considerable deliberation, the Planning Commission voted to move the Mayor's proposal to the City Council with recommendation for approval. The vote was six Commissioners recommending approval of the proposal with one Commissioner voting against the recommendation. VIII. CITY COUNCIL ACTION Consistent with the provisions of FWRC 19.80.240, the City Council may take the following actions regarding the proposed comprehensive plan amendment and rezone request: 1. Approve the comprehensive plan amendment as proposed; 2. Approve the amendment with further amendments; or 3. Deny the proposed comprehensive plan amendment; 4. Refer the proposal back to the planning commission for further proceedings. IX. MAYOR'S RECOMMENDATION After consideration of the staff analysis and options available for action (approval, approval with modification, or denial), the Mayor recommends that the proposed amendments as presented to the Planning Commission and the Land Use and Transportation Committee be approved. LIST OF EXHIBITS Exhibit A Vicinity Map of Milton Road Area Exhibit B Map — Original Six Applicants Milton Road Area Comprehensive Plan Amendment & Legislative Rezone Page 10 of 10 \ n� y N M E a> CL cc Q U r- C M O f4 a N0 d aiS CO•�— Of y a m CL y ECD Jia H W J 06 m cnL ma) a) Q O N O U > > U) (0 O (� �' Z3 N rn a C 0 0 CD (0 C a) O '� N a)/1 p N CD `z L o�/1� Y W vi `6 0 c 'n Q o N a) E U as m o 0) U m C/) a (a0 tE E rn En !E � 18l � o a co 5 _....... ~ W 'ip h c A y f'lw 1 Y M O M s aN NOl N R • O M 3Ln M a 00 i N N Vl m Oy4104. CD c E • O U S U) N S / y O i �NGNPN.��O -2 _E fu J U N a� N CD a� N W a L O L c ALL CDm Z 4441r Ov J,�%Dbt a) Q. 4- m nU)' W W �^^,, W E -�z0mw0 W r -C C CD a) a) V LL N a O � 4-- E � a) ® 0 0 i U T E 0- C) . a O a� CU U cn �NGNPN.��O -2 _E fu J U N a� N CD a� N W a L O L c ALL CDm Z 4441r Ov J,�%Dbt a) -�z0mw0 N CM 4 L[) (D r T 1 �NGNPN.��O -2 _E fu J U N a� N CD a� N W a L O L c ALL CDm Z 4441r Ov J,�%Dbt a) ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to amendments to the Federal Way Comprehensive Plan, amending the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map, and approving a City -initiated Comprehensive Plan amendment and legislative rezone of 56.06 acres located north of South 376th Street, east of Interstate 5, from Single -Family Medium Density (RS 35.0, one unit per 35,000 square feet) to Single -Family High Density (RS 7.2, one unit per 7,200 square feet). (Amending Ordinance Nos. 90- 43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04- 462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13- 745, 15-796, 15-798, and 18-843) WHEREAS, the Growth Management Act of 1990 as amended ("Chapter 36.70A RCW" or "GMA"), requires the City of Federal Way to adopt a comprehensive plan that includes a land use element (including a Comprehensive Plan Map, which has also historically been referred to as a land use map), housing element, capital facilities plan element, utilities element, economic development element, transportation element (including transportation system maps), and a parks and recreation element; and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its Comprehensive Plan; and WHEREAS, the Federal Way City Council adopted its Comprehensive Plan with Comprehensive Plan Map (the "Plan") on November 21, 1995, and adopted development regulations and Zoning Map implementing the Plan on July 2, 1996; and WHEREAS, the Federal Way City Council subsequently amended the Comprehensive Plan, Comprehensive Plan Map, and Zoning Map on: December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2010, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, and January 26, 2018; and Ordinance No. 19- Page I of 8 WHEREAS, the City may consider Plan and development regulation amendments pursuant to Process VI, under Title 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), Chapter 19.80 FWRC, and Chapter 19.35 FWRC; and WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation; however, subject to certain exceptions, the Plan may be amended no more than one time per year; and WHEREAS, the Council considered this Comprehensive Plan amendment concurrently with another Comprehensive Plan amendment, Council Bill No. 754, both of which were evaluated cumulatively and will be acted on simultaneously and concurrently in order to comply with RCW 36.70A.130; and WHEREAS, on January 2, 2018, the City Council initiated this Comprehensive Plan amendment and legislative rezone for 56.06 acres located north of South 376th -Street, east of Interstate 5, from Single -Family Medium Density (RS 35.0, one unit per 35,000 square feet) to Single -Family High Density (RS 7.2, one unit per 7,200 square feet); and WHEREAS, this ordinance includes approving changes to the Comprehensive Plan, associated maps, and zoning designation of the 56.06 acres; and WHEREAS, on November 1, 2018, the City complied with RCW 36.70A.106 when it notified the Department of Commerce of the City's intent to adopt this Comprehensive Plan amendment, which was acknowledged by the Department of Commerce on November 6, 2018; and WHEREAS, on January 4, 2019, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the proposed Comprehensive Plan amendment and legislative rezone actions; and WHEREAS, the Determination of Nonsignificance was not appealed; and Ordinance No. 19- Page 2 of 8 WHEREAS, the City's Planning Commission held a public hearing on February 20, 2019, at the close of which it recommended to the Council approval of amendments to the Comprehensive Plan, Comprehensive Plan Map, and Zoning Map; and WHEREAS, the Land Use and Transportation Committee of the Federal Way City Council considered the amendments to the Comprehensive Plan, Comprehensive Plan Map, and Zoning Map on March 4, 2019, and recommended approval of the same; and WHEREAS, the City Council, through its staff, Planning Commission, and Land Use and Transportation Committee, received, discussed, and considered the testimony, written comments, and material from the public, and considered the proposed Comprehensive Plan amendment, Comprehensive Plan Map amendment, and Zoning Map (via a legislative rezone) at its regular City Council meeting on March 19, 2019; and WHEREAS, the City Council desires to approve the change to the Comprehensive Plan, associated maps, and zoning designation of the 56.06 acres located north of South 376th Street and east of Interstate 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The Proposed Amendment to the Comprehensive Plan, Comprehensive Plan Map, and Zoning Map as set forth in Exhibit A, attached hereto and incorporated by this reference, to change the Comprehensive Plan and zoning designation of 56.06 acres located north of south 376th Street and east of Interstate 5, from Single -Family Medium Density (RS 35.0, one unit per 35,000 square feet) to Single -Family High Density (RS 7.2, one unit per 7,200 square feet) (the "Proposed Amendment"), is consistent with the overall vision of the Comprehensive Plan, which states that the Ordinance No. 19- Page 3 of 8 a demand for and development of single-family housing is expected to continue for the foreseeable future. Single-family development will occur as in -fill development of vacant lots scattered throughout existing neighborhoods, and as subdivision development upon vacant tracts of land depending on the availability of utilities. Water is available along Milton Road South to the west and sewer will be available with extension of sewer from Brittany Lane to the east. Plan: Plan: (b) The Proposed Amendment is consistent with the following goals of the Comprehensive Housing Goal (HG) 1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. Land Use Goal (LUG) 1 Create an attractive, welcoming, and functional built environment. Land Use Goal (LUG) 3 Preserve and protect Federal Way's single-family neighborhoods. (c) The Proposed Amendment is consistent with the following policies of the Comprehensive Land Use Policy (LUP) 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. Housing Policy (HP) 15 As appropriate, reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots. Ordinance No. 19- Page 4 of 8 Housing Policy (HP)16 Increase capacity and encourage greater diversity of housing types and costs for both infill and new development through various methods, such as inclusionary zoning, density bonuses, and transfer of development rights, cluster housing, cottage housing, garden housing, duplexes, and low to moderate density housing types. (d) The Proposed Amendment is consistent with the Council vision for the City of Federal Way, and will allow development that is compatible with the surrounding land uses. (e) The Proposed Amendment will allow for growth and development consistent with the Comprehensive Plan's overall vision and with the Comprehensive Plan's land use element and household projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. (f) The Proposed Amendment will not negatively impact open space, streams, lakes, wetlands, or the physical environment. (g) The Proposed Amendment is consistent with the GMA goals to: encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner, reduce the inappropriate conversion of undeveloped land into sprawling, low-density development, encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. (h) The Proposed Amendment is consistent with the goal of the King County Countywide Planning Policies for growth to occur in a compact, centers -focused pattern that uses land and infrastructure efficiently. Ordinance No. 19- Page 5 of 8 (i) The Proposed Amendment is consistent with the Puget Sound Regional Council goal of VISION 2040 to focus growth within already urbanized areas to create walkable, compact, and transit -oriented communities that maintain unique local character. 0) The Proposed Amendment bears a substantial relationship to the public health, safety and welfare, is in the best interest of the residents of the City, and is consistent with the requirements of Chapter 36.70A RCW, VISION 2040, the Countywide Planning Policies, and the unamended portion of the Comprehensive Plan. (k) The Proposed Amendment satisfies the FWRC 19.80.110 legislative rezone criteria, is consistent with the applicable provisions of the Comprehensive Plan and the Comprehensive Plan Map proposed to be amended in Section 2 below, and bears a substantial relation to public health, safety, and welfare, and is in the best interest of the public and the residents of the City. (1) The Proposed Amendment has complied with the appropriate processes under state law and the FWRC. Section 2. Legislative Comprehensive Plan, Comprehensive Plan Map, and Zoning Map Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, and 2013, 2015, and 2018, copies of which are on file with the Office of the City Clerk, Comprehensive Plan Map (and all related maps), and Zoning Map are amended and rezoned consistent with and as set forth in Exhibit A, attached hereto and incorporated by this reference. Section 3. Amendment Authority. The adoption of the Comprehensive Plan, Comprehensive Plan Map, and Zoning Map amendments in Section 2 above are pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and Chapters 19.35 and 19.80 FWRC. Ordinance No. 19- Page 6 of 8 Section 4. Severability. 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 not impact the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, and 2018 shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect concurrently with Council Bill No. 754 and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 [Signature Page to Follow] Ordinance No. 19- Page 7 of 8 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19- Page 8 of 8 EXHIBIT A ` 06 y N C w z N N Y H � a 5 cu c > E y M /1 O L Q C(� N 7 O LL f6 L °C' E M a) Q L c E U) tm .c w c � Q= N U T� W vc o n.o p 0)06 o of 0) O o>U N m� O CV Q. CL LL d C= ( 0 m LL T� � cu Q' L C to N O7 O /�� O aI 4— > d O N m C > W U m Q `p p .5 C u M >. iaEm L O vin y0� 'p dJ N O m /i au `0 C vEi (D E N U «a J ® Z H m w 1g/ y h h o a O ti-�yy M y � fA / h y yfa f Y /� / ffSJ y O M • SaaN A 3 Lo M x E CDN to h t/1 9 x ObN04)/�y CD cl � m E 0 U s4 U) 'fib N U N s S / � O Y Public Hearing Rezone from RS -35 to RS -7.2 at 376th and Milton Road ` City of Federal Way Planning Commission February 20, 2019 The 2018 Comprehensive Plan Amendments originally included: Two City -initiated requests The Milton Road Legislative Rezone The realignment of the South 324th Street Extension One citizen -initiated request, which has been withdrawn Six requests were received in September 2017 for comprehensive plan amendments All of the parcels are designated Single Family Medium Density Residential with RS 35.0 (one unit per 35,000 sq. ft.) zoning Site-specific Requests #1, #3, #4, & #6 requested Single Family High Density Residential with RS 7.2 (one unit per 7,200 sq. ft.) zoning Site-specific Requests #2 & #5 requested Single Family High Density Residential with RS 5.0 (one unit per 5,000 sq. ft.) zoning City of Fed" way conp-K. Oro sv� a�K 0 y�0 .� Fi; .N Kay 3 Planning Commission Briefing & Selection Process 6/21/17 Planning Commission Briefing 7/10/17 LUTC Meeting on Selection Process 7/18/17 The City Council gave staff direction to contact the other property owners with Direction by RS 35.0 zoning City Council 26 parcels totaling 56.06 acres with 17 different owners located between I-5 and Brittany Lane 21 existing houses R4. ^ N N O- - -- Federal Way 9/08/17 Staff notified the other property owners by mail No Response Formal Review Process 10/06/17 SEPA Issued (14 Day Comment & 21 Day Appeal Period) Week of Three property owners indicated an 10/8/17 interest in joining in with the requests nal W:ri City of Federal Way yy, mu bn Caopnh Ma \� 2onYp Dtllpnwl.0- Ch. Ch.np., City lnitated r111 . IR445.0 Sda Sp— t R.q- 1 5,...n — 5ba�slCp 4✓w�� ' ML InMGt/4vm) RS]50 RS35.0 OZm.p Sn.aaY' ..� ... >.... R4. ^ N N O- - -- Federal Way 9/08/17 Staff notified the other property owners by mail No Response Formal Review Process 10/06/17 SEPA Issued (14 Day Comment & 21 Day Appeal Period) Week of Three property owners indicated an 10/8/17 interest in joining in with the requests nal W:ri Formal Review Process (Lont.) 10/25/17 Planning Commission Public Hearing The Planning Commission supported the Mayor's recommendation for denial The Mayor stated that if all of the parcels designated RS 35.0 were to apply in the future, or if the City were to initiate a legislative rezone, the Mayor would recommend approval of a request for higher density Formal Review Process (Cont.) 12/4/17 LUTC Meeting Concurred with the Planning Commission's recommendation 1/02/18 City Council 1st Reading The Council voted to send the requests back to the Planning Commission as a legislative comprehensive plan amendment and rezone for all parcels Is 4 - Six individual requests received for change to RS 5.0 or RS7.2 Staff recommended Denial because it constituted spot zoning * Planning Commission and LUTC agreed * At first reading, proposal was sent back to Planning Commission for reconsideration and to examine a legislative rezone for the entire area. 2/27/2019 01 2/27/2019 — - - - _ — City of Federal Way 1 �J L om W e Mnl lve • Plan AmendrTIW! Map /rte Composite i CO k�/ gequ l KeV �� 1 ,pvfLan e 7 SAF •p, J i r w 5. FTrpY* i 13 �A OI i r.o.rw ! !'1i r Federal Way ttr..o ..www.,••'•,•• Developed in 1972 due to non-existence of regulation r. Revised in 1983 to reduce some of the requirements Regulations developed as a result of SEPA Comprehensive regulation developed reduces the number of activities considered `significant" or needing mitigation. 2 2/27/2019 Rezone, Plan Amendment, Amendment to Code are all non -project actions Building proposals, proposed subdivisions, proposed utility construction, road construction are all project actions Must base its threshold determination on "information reasonably sufficient to evaluate" Large non -project proposals, Comp. Plan for City, Subarea Plans are usually considered "significant" Small proposals (property isolated rezones, or minor amendment to codes, Comprehensive Plan, or other plans) are generally "non-significant" Significance of "minor" non -project actions can become "significant" with existence of major factors (archeological evidence, past solid waste activity on site, etc.) i 2018 Comprehensive Plan Amendments 26 parcels I �!� City of Federal Way totaling 56.06 acres with 17 � �+r /R. ea.cek Rpw.b tn,ngD.10-1!.r!.R.Ra - � �� � _. 2.mRe Dn!W,.eon Ch.ne.a different owners _ between City ln iRetedlocated 1-5 and Brittany I hsas.a I~ Sit. SAl Lane �f 21 existing houses' nsesa -; o i RS35.0 R9.' y " e�fw A Federal Way ;H 7 2/27/2019 M 2/27/2019 37 written comments in opposition One written comment in favor A City of Federal Way 2018 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes " Jinn i • ' N City Initated Site Specific Request #1 M V'. i.• 1�� iM. • upend ;'_'� :' ~''�� :tri 4 Zarrg Baxrdary. i 1 , N' o 250 5W 'a•� A— Federal Way t,J`' 37 written comments in opposition One written comment in favor A Impacts on schools and other services Concerns that no comments from Police, Fire, or the School District The community park in Brittany Lane will become less safe for children There will be an increase in vandalism and drug use in the park -k 2/27/2019 C. Concerns about increase in crime If the area is rezoned, a new I-5 exit at S 375th should be part of he mitigation Spring Valley should remain low density to protect sensitive areas Additional housing and infrastructure will increase stormwater pollution levels 2/27/2019 7 y If the area is developed, the City must require the Low Impact Development (LID) and Green Stormwater Infrastructure (GSI) methods Already have traffic problems when Wild Waves is open Concerns about the displacement of wildlife Concerned about the removal of trees that act as a buffer from the noise in I-5 Requests a study of birds and mammals in a three-mile radius 2/27/2019 Q * Increased Traffic from Rezone The link will continue in Plan whether rezone occurs or not. Any retraction of the link from the Plan would require a separate amendment application with justification for its change. Basic issues related to development of homes and apartments(increased crime, decreased amenities, development compatibility, etc.) The zone is the same as that of the neighborhood to the east; no apartments are permitted and these issues will be addressed at the time of proposal 2/27/2019 9 Environmental Degradation (loss of wildlife, tree buffers) Issue is addressed at time of specific proposal and existing regulations address many of these issues Recommend Adoption of the Mayor's Proposal Recommend Changes to the Mayor's Proposal and Adoption with Changes * Recommend Denial of the Proposed Rezone * Pass on to Council with No Recommendation A 2/27/2019 mo] *Questions 2/27/2019 11 CITY OF Federal Way PLANNING COMMISSION STAFF REPORT February 9, 2019 TO: Wayne Carlson, Federal Way Planning Commission Chair FROM: Brian Davis, Community Development Director`. Robert "Doc" Hansen, Planning Manager r Margaret H. Clark, AICP, Principal Planner M40' SUBJECT: Public Hearing — 2018 Comprehensive Plan Amendments, Milton Road Area Legislative Comprehensive Plan Amendment and Rezone MEETING DATE: February20, 2019 I. BACKGROUND Pursuant to RCW 36.70A (2) (a), the City of Federal Way may update its comprehensive plan annually. Per Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review citizen -initiated requests on an annual basis. As part of the annual review, the city may also make changes to chapters and maps of the comprehensive plan. The governing body shall consider all proposals concurrently so that the cumulative effect of the various proposals can be ascertained. This proposal was initiated by the City Council to have the Planning Commission make a recommendation to amend the comprehensive plan and zoning for properties along Milton Road South and 376th Street from Single Family Medium Density (RS 35.0, one unit per 35,000 square feet) to Single Family High Density (RS 7.2, one unit per 7,200 square feet). The comprehensive plan amendment and rezone would permit the same residential density as the adjacent properties to the east of the proposed amendment area. II. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 1 of 16 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. III. PROCEDURAL SUMMARY Steps Date Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (Exhibit A)' January 4, 2019 End of SEPA Comment Period January 18, 2019 Planning Commission Study Session February 6, 2019 End of SEPA Appeal Period February 8, 2019 Public Hearing before the Planning Commission February 20, 2019 LUTC Meeting March 4, 2019 City Council 1st Reading Marchl9, 2019 City Council 2nd Reading April 2, 2019 IV. Milton Road Comprehensive Plan Amendment and Rezone, Files 18 -105523 -SE and 18 -104618 -UP Background This is a legislative action initiated by the City Council for a comprehensive plan amendment and rezone for 26 parcels (56.06 acres) in the Milton Road area east of I-5 (Exhibit C) from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential (RS 7.2, one unit per 7,200 square feet). If the proposed comprehensive plan amendment is approved, appropriate zoning changes would be made concurrently. Six owners of 13 lots (Numbers 1-13 in Table I) in this area originally applied for a comprehensive plan amendment for their individual properties in September 2016, requesting a change from "Medium Density Single Family Residential" to "High Density Single Family Residential" (Exhibit D). They requested rezones of either RS 7.2 or RS 5.0. They were selected by the City Council "to be considered further" on July 18, 2017. This action neither approved nor denied the requests, but only required them to be considered at a public hearing by the Planning Commission for recommendation to the Council. The Council also directed the staff to contact adjacent property owners in the area now being considered to determine if they wished to be added to the six original requests. Three of these owners indicated interest in being part of the proposal after the given deadline. A public hearing was held by the Federal Way Planning Commission on October 25, 2017, and they recommended denial of the separate proposals. At the Land Use and Transportation Committee meeting on December 4, 2017, the Committee agreed with the Planning Commission and moved the proposal to first reading by the Council. At first reading, the Council voted to table the six requests and send them back to the Planning Commission to consider a legislative amendment for the entire area presently zoned RS 35.0. Please refer to Exhibit E for a detailed timeline. 'Refer to Exhibit B — Agencies that were sent a copy of the DNS and environmental checklist. Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 2 of 16 If the area is rezoned to RS 7.2, the owners would then be able to apply for subdivisions or other allowable development activity. Any of these actions would have to be reviewed and approved by the city. The locations of the 26 lots that are included in the legislative comprehensive plan and rezone area are shown on Exhibit F, and are described below: Table I Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 3 of 16 Existing Number No. Parcel # Owner Address Location Sq. ft. Acres Land Use of Houses North of Milton Single family 1 322104-9086 Mark Johnson 1424 S 372' St Rd S/S 372°d St 19,331 0.44 dwelling 1 Single family 2 322104-9157 Larry Neether East of Milton 47,760 1.1 dwelling 1 Single family 3 322104-9045 Larry Neether 37222 Milton Rd S Rd S 71,002 1.63 dwelling 1 North of Milton Single family 4 322104-9002 Pam Otteson Rd S/S 372°d St, west of 145,490 3.34 dwelling 1 Milton Rd S, 5 322104-9076 Pam Otteson 1408 S 372' St and south of I-5 36,533 0.84 Vacant 0 . Single family 6 322104-9114 Rick Beard 1331 S372 Id St 87,120 , 2 dwelling 1 Single family 7 322104-9053 Rick Beard 1311 S 372nd St South of Milton 77,972 1.79 dwelling 1 Single family 8 322104-9129 Rick Beard 1321 S 372°d St Rd S/S 372nd St 31,785 1 0.73 dwelling 1 East of Milton Rd S and north Single family 9 322104-9036 Arnold Ellingson 1110 S 376' St of S 376h St 167,270 3.83 dwelling 1 10 322104-9138 Arnold Ellingson N/A 98,881 2.27 Vacant 0 Single family 11 322104-9136 Arnold Ellingson 1224 S 376g' St North of S 376" 108,900 2.5 dwelling 1 12 322104-9050 Arnold Ellingson N/A St 207,781 4.77 Vacant 0 South of Milton Single family 13 322104-9064 Visnou Dararak 1423 S 372nd St Rd S 104,544 2.4 dwellin 1 North of Milton Rd S/S 372°d Joe & Mary St, and east of Single family 14 322104-9003 Greene 1312S372 d St I-5 92,347 2.12 dwelling I North of Milton Rd S/S 372nd St, and east of 15 322104-9048 Joe Greene N/A I-5 1,350 0.03 Vacant 0 South of S Single family 16 322104-9126 Nick Semenyuk 1411 S 372°d St 372"d St 104,108 2.39- dwelling 1 South of S 369 St and east of Single family 17 322104-9111 Lue Swenson 36924 Milton Rd S Milton Rd S, 16,875 0.39 dwelling 1 East of Milton Single family 18 322104-9001 Kay Ka rosy 37128 Milton Rd S Rd S 133,729 3.07 dwelling 1 Loren and Shannon Southeast of S Single family 19 322104-9011 Neighbors 1515 S 3720d St 372°d St 217,800 5 dwelling 1 South of S 376 Single family 20 322104-9063 Jayne vonDoenhoff 1414 S 376d' St St 440,661 10.12 dwelling 1 Michael & Connie South of S 369d' Single family 21 721266-1040 Czerwonka 1605 S 369" St St 28;507 0.65 dwelling 1 South of S 369 Detention 22 1 721266-1090 1 City N/A St 54,561 1.25 1 Pond 0 Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 3 of 16 Totals 2,442,202 56.06 21 Parcels 21 through 26 are located within Brittany Lane (Regency Woods Division No. 2) and are already developed with single family homes. Surrounding Zoning and Land Use (Exhibit G -Aerial Map) Zoning Existing Land Use North Unzoned and OP- 4 Weigh Station and Rest area, Wild Waves Theme Park South Existing Number No. Parcel # Owner Address Location Sq. ft. Acres Land Use of Houses 23 721266-1050 William Germann 37123 17'h Ave S West of 17 Ave S 42,395 0.97 Single family dwelling 1 24 721266-1060 Nguyen & Diem Ngoc 37321 17'h Ave S West of 17'h Ave S 35,000 1 0.8 Single family dwelling 1 25 721266-1070 Igor & Liliya Stadnik 37323 17th Ave S West of 17'h Ave S 35,000 0.8 Single family dwelling 1 26 721266-1080 Curtis & Christina Call 1610 S 376h St North of S 376h St 35,500 0.81 Single family dwelling 1 Totals 2,442,202 56.06 21 Parcels 21 through 26 are located within Brittany Lane (Regency Woods Division No. 2) and are already developed with single family homes. Surrounding Zoning and Land Use (Exhibit G -Aerial Map) Availability of Utilities Sanitary Sewer: Parcels 1-20 are presently on septic. Parcels 21-26 are served by the Lakehaven Water and Sewer District, which provides sewer service in this area. The nearest existing sewer system facilities intended to ultimately serve this area are approximately 1,100 feet southeast of parcel 322104-9050 (number. 12 on Table I, and Exhibit H). Sewer service connections would only be available if sewer system facilities were extended to this area. Regardless of the outcome of this request, future development of the parcel will require Lakehaven Certificates of Availability, Developer Extension Agreement(s), and water service connections. Public Water: Lakehaven Water and Sewer District provides service in this area. There are existing water system facilities along Milton Road South (Exhibit H). Regardless of the outcome of this request, future development of the parcels will require Lakehaven Certificates of Availability, Developer Extension Agreement(s), and water service connections. Solid Waste: Solid waste is provided by Waste Management Availability of Public Services Police: Police protection is provided by and will continue to be provided by the City of Federal Way Police Department, should increase development occur. The Police Department has indicated that if the area is rezoned to a higher density, there will be a need for one additional officer. Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 4 of 16 Zoning Existing Land Use North Unzoned and OP- 4 Weigh Station and Rest area, Wild Waves Theme Park South Unknown Retirement home in Milton East RS 7.2 (one unit per 7,200 square feet) Single family dwellings in Brittany Lane West Milton Road South and I-5 RS 35.0 and unzoned Availability of Utilities Sanitary Sewer: Parcels 1-20 are presently on septic. Parcels 21-26 are served by the Lakehaven Water and Sewer District, which provides sewer service in this area. The nearest existing sewer system facilities intended to ultimately serve this area are approximately 1,100 feet southeast of parcel 322104-9050 (number. 12 on Table I, and Exhibit H). Sewer service connections would only be available if sewer system facilities were extended to this area. Regardless of the outcome of this request, future development of the parcel will require Lakehaven Certificates of Availability, Developer Extension Agreement(s), and water service connections. Public Water: Lakehaven Water and Sewer District provides service in this area. There are existing water system facilities along Milton Road South (Exhibit H). Regardless of the outcome of this request, future development of the parcels will require Lakehaven Certificates of Availability, Developer Extension Agreement(s), and water service connections. Solid Waste: Solid waste is provided by Waste Management Availability of Public Services Police: Police protection is provided by and will continue to be provided by the City of Federal Way Police Department, should increase development occur. The Police Department has indicated that if the area is rezoned to a higher density, there will be a need for one additional officer. Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 4 of 16 Fire/Emergency/ These services are provided by South King Fire and Rescue. Development in Medical: this area will increase demand for fire protection services. South King Fire and Rescue's strategic plans address this need, and increased revenue from property taxes is expected to fund these services. Schools: This parcel is located within the boundaries of the Federal Way School District, who had no comment since this is a non -project action. Topography The area has a flat to rolling terrain. The steepest slope on the site is approximately 42 percent located on the western portion of parcel 322104-9036 (number 9 on Table I), between Milton Road and the on-site wetland. Critical Areas The city's Critical Area Map (Exhibit F) identifies three Category II wetlands in this area, one on parcels 322104-9136 (number 11 in Table II), 322104-9036 (number 9 in Table II), and 322104- 9138 (number 10 in Table II, Ellingson). One on the southern portion of parcel 322104-9063 (number 20 in Table 11, vonDoenhoff), and one on parcels 322104-9001 (number 18 in Table II, Kaprosky) and 721266-1090 (number 22 in Table II, City of Federal Way). These appear to be Category U wetlands with 105 -foot wide buffers. There also appears to be another wetland on portions of parcels 322104-9050 (number 12 in Table I, Ellingson), 322104-9126 (number 16 in Table I,, Semenyuk), and 322104-9063 (number 20 in Table II, vonDoenhoff). The city's wetland consultant has identified this wetland as a Category Ill wetland with a 60 -foot wide buffer. Drainage These parcels are located within the Hylebos Creek Basin and Conservation Flow Control Area. The city does not have a stormwater system in the area, only roadside ditches that connect to existing wetlands and drain into other low areas. Any water -related impacts associated with future development must be mitigated in compliance with the city -adopted 2016 King County Surface Water Manual (KCSWM) and the City of Federal Way Addendum to the Manual. Access Milton Road South runs north to south and serves the majority of the parcels. South 376`h Street runs east west and serves five parcels (Exhibit Q. Potential Traffic Impacts This is a non -project action associated with changing the comprehensive plan designation and zoning from Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential and Single family (RS 7.2, one unit per 7,200 square feet). This non -project action by itself does not affect traffic. Any proposals that may result from a decision on the legislative rezone and comprehensive plan amendments will be subject to future review for compliance with all codes. Specifically, any future development, regardless of zoning, would be required to construct street improvements consistent with the planned roadway cross-sections as shown in Map III -4 (Cross Section Application by Street, Exhibit I) and Table III -10 (Capital Improvement Program [CIP] — 2016-2040) of Chapter 3 of the Federal Way Comprehensive Plan (FWCP), except single family development may apply to the Public Works Director to modify, defer, or waive the required improvements. Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 5 of 16 New streets or street connections are only required to be constructed if the adjacent property develops. A Transportation Impact Analysis (TIA) was conducted to determine the required street improvements. The applicant would be expected to construct improvements on the following streets to the city's planned roadway cross-sections: Milton Road South is a Principal Collector planned as a Type "P" street. However, the proposed zone change would change that to a Type "O" street (Exhibit J), consisting of a 34 -foot street with curb and gutter, 6 -foot planter strips with street trees, 8 -foot sidewalks, and street lights in a 68 -foot right-of-way. Assuming a symmetrical cross section, 4 feet of right-of-way dedication and half street improvements are required on each side developed, as measured from the street centerline OR far side edge of travel way. Depending on the location of any local access streets, left -turn lanes may be required at site access points, adding 12 feet to the roadway cross-section. The easterly curve in the 37200 block does not meet current standards and should be realigned. Another alternative would be to construct a site access intersection at this location, controlled by a roundabout. ■ South 376"' Street is a Minor Collector planned as a Type "S" street (Exhibit K), consisting of a 36 -foot street with curb and gutter, 4 -foot planter strips with street trees, 5 -foot sidewalks, and street lights in a 60 -foot right-of-way. Assuming a symmetrical cross section, no right-of-way dedication will be necessary, but half street improvements are required as measured from the street centerline OR far side edge of travel way. Internal street(s) shall be Type "S" (Exhibit K), "U" (Exhibit L), or "W" (Exhibit M) local streets, consisting of a 36-, 32-, or 28 -foot street, respectively, with curb and gutter, 4 -foot planter strips with street trees, 5 -foot sidewalks and street lights in a 60-, 56-, or 52 -foot right-of-way, respectively, depending on the number of lots served. Future development shall meet block perimeter requirements of 1,320 feet for non -motorized access, and 2,640 feet for streets V. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150 1. FWRC 19.80.140, Factors to be Considered in a Comprehensive Plan Amendment — The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There should be no adverse impact on the physical environment related to development of this area, regardless of zoning as the city has adopted codes in place to protect the environment. Aquifer Recharge Areas (Groundwater) Federal Way is dependent on groundwater as a source of drinking water. Water from rainfall, snowmelt, lakes, streams, and wetlands seeps into the ground and collects in porous areas of rock, sand, and gravel called aquifers. Aquifers hold varying amounts of groundwater that can be extracted or pumped for use. Groundwater pumped from Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 6 of 16 Lakehaven Water and Sewer District wells originates from three aquifer systems that underlie the city: the Redondo -Milton Channel Aquifer, the Intermediate Aquifer System (Mirror Lake and Eastern Upland Aquifers), and the Deep Aquifer (Map IX -1, Exhibit N) The locations of wellhead capture zones in relationship to the aquifer systems -are shown on Map IX -2 (Exhibit O). There are no Wellhead Protection Zones in this area, so there should be no impact on Lakehaven's wells. Map IX -3 (Exhibit P) shows Areas Susceptible to Groundwater Contamination associated with development. This map shows that the majority of the city, including this area, has a medium susceptibility to groundwater contamination. Wetlands The city's Critical Area Map (Exhibit F) identifies three Category II wetlands in this area, one on parcels 322104-9136 (number 11 in Table 11), 322104-9036 (number 9 in Table II), and 322104-9138 (number 10 in Table 11, Ellingson). One on the southern portion of parcel 322104-9063 (number 20 in Table II, vonDoenhoff), and one on parcels 322104- 9001 (number 18 in Table II, Kaprosky) and 721266-1090 (number 22 in Table II, City of Federal Way). These appear to be Category II wetlands with 105 -foot wide buffers. There also appears to be another wetland on portions of parcels 322104-9050 (number 12 in Table I, Ellingson), 322104-9126 (number 16 in Table H, Semenyuk), and 322104-9063 (number 20 in Table II, vonDoenhoff). The city's wetland consultant has identified this wetland as a Category III wetland with a 60 -foot wide buffer. Any future development within 225 feet of these wetlands will require a critical area study to be approved by the city. This must include a wetland classification and buffer determination under the city's current wetland rating system. The site is located within the Hylebos Creek Basin and Conservation Flow Control Area. Any water -related or erosion -related impacts associated with future development must be mitigated in compliance with the city -adopted 2016 KCSWM and the City of Federal Way Addendum. This requires any erosion -related impacts created during clearing and construction activities, to be addressed according to a Temporary Erosion Sedimentation Control Plan (TESL), which is a standard part of engineering review and approval. (2) The effect on open space, streams, and lakes. Please refer to responses under Section V.1 (1) above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. There are 26 parcels, totaling approximately 56.06 acres, with 18 different property owners designated Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) in this area. There should be no impact to surrounding land uses as to the north is the SeaTac Rest Area; Enchanted Park/Wild Waves Amusement Park is located to the northeast; a retirement home, The Meridian at Stone Creek, and vacant land is located to the south; Brittany Lane/Regency Woods, Division II is located to the east; and Milton Road South and I-5 are located to the west. Any higher density development to the north of South 376' Street would require upgrading South 376"' Street and Milton Road South to urban road standards, including the construction of sidewalks, making for a safer walking environment. Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 7 of 16 (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. All public utilities, except sewer and stormwater facilities, are available to these parcels. The parcels are presently on septic, and the nearest existing sewer system facilities intended to ultimately serve this area are approximately 1,100 feet southeast of parcel 322104-9050 (number 12 on Table I, Exhibit F). The parcels are accessed by Milton Road South, South 372nd Street, and South 376th Street. If a comprehensive plan amendment and rezone from Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential and Single family (RS 7.2, one unit per 7,200 square feet) is approved, Milton Road South, currently a rural road, will have to be improved to urban standards. The easterly curve of Milton Road South in the 37200 block does not meet current standards. It would either have to be realigned or a roundabout constructed. There are a wide variety of recreational opportunities in the city (Exhibit Q). These opportunities include Dash Point State Park (a 398 -acre state park on the west side of the city, operated and maintained by Washington State Parks); Celebration Park (an 84 -acre city -owned community park located approximately in the middle of the city with ballfields and walking trails); Town Square Park (a four acre city -owned community park located in the City Center); and recreation trails in the Bonneville Power Administration right-of- way. As shown on Map VI -4, there are also a number of other parks and open space areas scattered throughout the city; however, there are no existing recreational facilities east of I-5 in this immediate vicinity, except for the Enchanted Park/Wild Waves Amusement Park, located to the northeast. City codes require provision of on-site open space, or a fee -in -lieu of open space, when land is subdivided for single-family uses. If the parcels are developed with single-family homes in the future, impacts on schools should be mitigated by the payment of a school impact fee.. The 2019 school impact fee is $7,221 per single family dwelling unit. (S) The benefit to the neighborhood, city, and region. There are 26 parcels, totaling approximately 56.06 acres, with 18 different property owners designated Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) in this area. According to an August 23, 2017, article in the Seattle Times, for the first time ever, the median King County home price has grown more than $100,000 in just a year. The new median price was $658,000 or $103,000 more than the previous July, according to monthly data released by the Northwest Multiple Listing Service. In southwest King County, the median price for a single family house was $385,250 at that time, up 11.7 percent from the previous year. Prices have since levelled off. However, a major reason for high housing prices is the lack of supply of housing; therefore, providing more opportunities for single family housing would also benefit the city and region (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. Approval of this request could result in 160 additional single-family units. Federal Way Planning Commission Staff Report rebruary y, luiy 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 8 of 16 has a housing target of 8,100 new residential units over a 25 year period (2006-2031). At the time, that the last capacity analysis was completed (December 2012), the city had capacity for 8,443 new residential units made up of 2,412 detached single-family homes and 6,030 multi -family units. The capacity for 4,880 of those 6,030 multi -family units was located in mixed-use development zones, and 1,151 units were located in multi- family zones. Based on this data, there appears to be a need for additional capacity for single-family homes. (7) The current and projected population density in the area. There are 21 single family units on approximately 56.06 acres, which results in a density of approximately 0.4 units per acre. If a request for a change in comprehensive plan and zoning designation to Single Family High Density Residential and Single Family (RS 7.2, one unit per 7,200 square feet) is granted, this would result in a density of approximately four units per acre. However, due to the presence of wetlands, and the need for future streets to meet block perimeter requirements, future density is estimated to be approximately three units per acre. (8) The effect upon other aspects of the comprehensive plan. Approval of RS 7.2 zoning should not affect other aspects of the comprehensive plan. 2. FWRC 19.80.150, Criteria for Amending the Comprehensive Plan — The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Changing the designation from Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential and Single -Family (RS 7.2, one unit per 7,200 square feet) does have a substantial relationship to public health, or safety in that smaller lots may result in more housing at less cost, which bears a substantial relationship to the welfare of that segment of the population that may be struggling to find affordable housing. (2) The proposed amendment is in the best interest of the residents of the city. Please see responses under Sections V (1) (5) and V (2) (1). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. The comprehensive plan amendment and rezone under consideration is consistent with the following goals of RCW Chapter 36.70A.020 (2) of the Growth Management Act (GMA): "(i) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. "(ii) Reduce sprawl. Reduce the inappropriate conversion of undeveloped Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone I Page 9 of 16 land into sprawling, low-density development. "(iii) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock." The proposal is also consistent with the following policies of the comprehensive plan: "LUP 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. "HP 15 As appropriate, reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots. "HP 16 Increase capacity and encourage greater diversity of housing types and costs for both infill and new development through various methods, such as inclusionary zoning, density bonuses, and transfer of development rights, cluster housing, cottage housing, garden housing, duplexes, and low to moderate density housing types. VI. COMPLIANCE WITH FWRC 19.75.130(3) Site-specific requests are also required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: a. The proposed request is in the best interests of the residents of the city. There is a need for more housing supply and smaller lots provide for housing affordable to families seeking single family homes. Please see responses under Sections V (1) (5) and V (2) (1). b. The proposed request is appropriate because either: (i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established. This area was annexed to the city in January 2005 (Parkway Annexation) with a pre- annexation comprehensive plan designation of Single Family Medium Density and zoning of RS 35.0 (one unit per 35,000 square feet). At the time of annexation, the adopted RS 35.0 zoning of approximately one unit per acre was intended to protect the wetlands in this area. Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 10 of 16 In June 2015, pursuant to the periodic major update policies of the GMA, the city updated its environmentally critical area regulations to meet Best Available Science (BAS) requirements. BAS requirements are intended to protect critical areas such as wetlands, by requiring an applicant to submit a critical areas report that adequately evaluates the proposal and probable impacts on a critical area, or its associated buffer and/or setback. Given the now adequate protection of critical areas, such as wetlands, a comprehensive plan amendment to the higher density of RS 7.2 is consistent with the GMA goal to reduce sprawl by the inappropriate conversion of undeveloped land into sprawling low-density development. Also, providing for smaller lots available for single-family housing would be consistent with comprehensive plan policy LUP 8, "Designate and zone land to protide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years." The requests are also consistent with Policy HP 15, "As appropriate, reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots." c. It is consistent with the comprehensive plan. There are 26 parcels, totaling approximately 56.06 acres, with 18 different property owners designated Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) in this area. If the comprehensive plan amendment and rezone to RS 7.2 is approved, it will result in higher density for parcels in this area, which will comply with the GMA goal of reducing sprawl and would also be consistent with the overall vision of the comprehensive plan, which states that the demand for and development of single-family housing is expected to continue for the foreseeable future. Single-family development will occur as in -fill development of vacant lots scattered throughout existing neighborhoods and as subdivisions on vacant tracts of land. Increasing density would also be consistent with Housing Policy (HP) -15 of the comprehensive plan, which states "As appropriate, reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots" and HP -16, which states "Increase capacity and encourage greater diversity of housing types and costs for both infill and new development through various methods, such as inclusionary zoning, density bonuses, and transfer of development rights, cluster housing, cottage housing, garden housing, duplexes, and low to moderate density housing types." d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. If these requests are granted, any future development will be required to comply with all city regulations, including those adopted by reference from the comprehensive plan. e. It is consistent with the public health, safety, and welfare. Refer to responses under Section V (2) (1). Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page I 1 of 16 VIII. PUBLIC COMMENTS RECEIVED Citizens in Opposition or Asking Questions Thirty-seven written comments in opposition to the comprehensive plan amendment and rezone, or asking questions, were received from 33 citizens (Exhibit R). Two citizens were in favor of the change (Exhibit S). The numbers in Table H correspond to the written citizen comments. Although, no written comments were received from the original six applicants, it is assumed that they would be in favor of the change. Table II No. Summary of Comments Names 1 Is curious about the impact on the public schools and what the city Genipher Owens intends to do to manage the increased traffic, citing the already problematic traffic from Wild Waves. 2 Extension of South 376th Street to 19`h Way South will increase traffic, Travis Geving including dump trucks, which will tear up the roads. If the road is punched through, he would like to see speed bumps installed. The city will need to increase police patrol to reduce speeding. The community park will become less safe for children and there will be an increase in vandalism and drug use at the park. 3 Concerned about increased traffic on Milton Road between Porter Way Brett and Pam Thomas and Milton Road. Also concerned about the safety of children and the elderly walking in the area and bicyclists. 4 Concerned about the increase in crime if multi -family development Mike and Connie occurs. The rezone will make traffic worse, increase gridlock, and Czerwonka exhaust fumes. The local tot lot is where South 376th Street would be extended, so concerned about the safety of children. Also concerned about Lloyd's gravel trucks passing through the neighborhood. 5 If the area is rezoned, a new I-5 exit at South 375th Street should be part Chris Givens of the traffic mitigation. 6 Opposed to extension of South 376th Street to 19th Way South due to David Blake safety concerns. ' 7 Asked for clarification on what is being proposed. Kym Moses 8 Stated that the traffic analysis assumes that 19th Way South will be Mark Spaur extended through South 376th Street to Milton Road South and this is unacceptable for several reasons. There will be an increase in traffic; there is a community park at the end of 19th Way South and speeding cars will create a safety risk for children playing in the park; the extension would have to cross the vonDoenhoff property and the road easement no longer exists; the road would also have to cross a wetland; traffic at the intersection of Milton Road is already intolerable when Wild Waves is open. 9 Made two suggested changes to the environmental checklist relating to Mark Spaur the need for additional future environmental studies related to the impacts on surface water. 10 The comprehensive plan and the amendment process should not allow Roger and Jayne "high density" everywhere; Spring Valley should remain relatively low Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 12 of 16 No. Summary of Comments Names density to protect the ecologically sensitive areas, including the Hylebos. vonDoenhoff Concerned about increased traffic and backups. Stated that the traffic analysis assumes that South 376`h Street can be punched through the middle of their 20 -acre parcel. However, there are a number of reasons why this is not feasible: the road through their property has been vacated; punching the road through would make the southern portion of their property unusable; the road would be within 20 feet of their house and would run through a wetland; the road would increase traffic in Brittany Lane and Regency Woods next to a children's playground and also increase traffic in front of an assisted living facility. If the area is rezoned, they would request RS 15.0 and not RS 7.2 or RS 5.0 zoning. 11 In the planning of new developments in the Milton Road area, the city Mark Spaur must mandate Low Impact Development (LID) and Green Stormwater Infrastructure (GSI) methods, such as permeable pavement for roads and driveways, bio retention ponds and roof rainwater collection and dispersion systems. 12 He does not believe that the statement in the environmental checklist, Mark Spaur that the restrictive covenants of Regency Woods Division would prohibit further division of lots, is correct. 13 Additional housing and new road infrastructure will be an additional Sarita Breivik source of pollution collecting in stormwater. The increase in stormwater pollution levels discharging to the Hylebos and Puget Sound will have a negative impact on salmon and orca populations and other wildlife residing in the area. Extension of South 376' Street to 19th Way South will put the residents of Brittany Lane and Regency Woods at increased risk of crime, will increase traffic through Brittany Lane and Regency Woods, and cause a safety hazard to children playing in the park and walking to school. In addition, additional housing would put an added strain on the schools, negatively impacting children's education. 14 Objects to the punching through South 376th Street to 19u' Way South Bob Coleman because it would make traffic worse in the neighborhood. Traffic from Milton Road, including Lloyd's and Port of Tacoma truck traffic and commuter and casino will speed through the neighborhood. In addition, there is a park at the southern terminus of South 19th Way South, where the road would be punched through. 15 Object to construction of apartments or condos, but do not object to Kim and Scott Moses single family houses. 16 Objects to the punching through South 376th Street to 19th Way South Lily Stadnik because it would make traffic worse in the neighborhood. Traffic from Milton Road, including Lloyd's and Port of Tacoma truck traffic and commuter and casino will speed through the neighborhood. In addition, there is a community park and bus stop at the southern terminus of South 19th Way South, where the road would be punched through. In addition, the value of homes will suffer. 17 Objects to the punching through South 376th Street to 19th Way South as Sylvia Molzahn it will open up the neighborhood to more crime. In addition, roads and schools are already overcrowded. It will also cause a hazard to residents, who use the sidewalk for walking. 18 Increased traffic and speeds of traffic in the neighborhood would create Monica Hirano a safety hazard and detract from the character of the neighborhood. Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 13 of 16 No. Summary of Comments Names 19 Have concerns about increased exhaust from increased traffic. Also Betty Latham connecting South 376th Street and 19u' Way South would increase traffic, making it unsafe for children to ride their bike, neighbors who walk for exercise, and children who play in the park. 20 Concerns about traffic impacts on the roadways and intersections Sarita Breivik adjacent to the proposed rezone area, which are already at and above capacity. The backups affect state highways and increase response time for emergency vehicles and personnel. 21 States that the schools are already overcrowded; has concerns about Kathy Walton increased traffic; and the assumption that South 376`h Street would be extended to Milton Road South as there is a park there and the extension will create a safety hazard. In addition, increased traffic would detract from the character of the neighborhood and increased building will result in the cutting down of trees in the beautiful forest that helps mitigate noise pollution from I-5. 22 Concerns about increased traffic, overcrowding of schools, and the type Maksim Tomilov of housing, whether apartments or houses, will be built 23 Requests that the transportation impact analysis be changed to not Lesley Roth include the connection of South 376th Street and 19th Way South due to increased traffic and the presence of children playing in the park. Also has concerns that representatives from the fire, police, and public schools have not commented on the impact to their services. She would like, to know their plans for absorbing the growth in this area. 24 Connecting South 376th Street and 19th Way South will destroy their Alex Costine way of life, will drastically lower house prices, will be extremely dangerous to children and elderly people in the neighborhood, and turn the quiet neighborhood surrounded by beautiful trees into a smog -filled area. It will also increase traffic, including semi -trucks going to the Port of Tacoma and bring potentially dangerous people going to gamble at the casino into their neighborhood. 25 Same comments as #24 Elina Costine 26 Same comments as #24. Yuri Zaharchuk 27 Same comments as #24. Tatyana Omelchenko 28 Same comments as #24. Tatyana Lukomskaya 29 Opposes connecting South 376th Street and 19th Way South to build Washington Pro Roofing more houses. LC 30 Concern for wildlife that may be displaced by construction of new Chris and Christina Call houses. Also concerned about connecting South 376th Street and 19th Way South due to increased traffic and impact to children, families, and dogs playing in the park. In addition, children need to cross the street and walk to the bus stop and increased traffic poses a safety hazard. 31 Connecting South 376th Street and 19t` Way South will make the Daniel Zaharchuk neighborhood less safe, increase noise, increase traffic, and impact people walking with their families and kids riding their bikes. 32 Concerns about increased traffic and safety. Yonas Ocubazghi 33 Opposes the extension of 19th Way South to Milton Road because it will Sheri Stanton have a negative impact on the livability of Brittany Lane and Regency Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 14 of 16 No. Summary of Comments Names Woods and it would cut through an identified wetland. A reasonable compromise would be to rezone the parcels but require the developer to leave a natural green buffer between the redeveloped lots and Brittany lane to mitigate pollution and noise. 34 States that the wetland on the Ellingson property needs to be restored; Suzanne Vargo questions whether portions of the site has Everett Gravelly Sandy Loam (EvC) soil; states that the zoning must remain low density due to the soil make up; concerned about impacts on wetlands and their buffers if single family homes are built, which are exempt from review under the State Environmental Policy Act (SEPA); concerned about removal of trees due to their buffering effect for air and noise from I-5; requests a full study of birds and mammals in a three-mile radius of the proposed rezone area; requests that it be investigated whether this area is a key resting spot for migrating birds; concerned about the impacts on wildlife; states that this area is affected by the Tacoma Smelter Plume; concerned about the impacts of construction equipment on the aging Olympic Pipeline, which runs parallel to I-5 on the east, west of Milton Road South; the city needs to develop an emergency plan to address these issues; and concerned that the removal of trees will increase the noise impacts from jets. 35 The 1995 Environmental Impact Statement (EIS) did not analyze Mark Spaur impacts in this area as it had not yet been annexed by the city. He believes that it is time for the city to do another EIS that includes the areas annexed by the city since 1995, includes the Hylebos Watershed, includes the city's new vision for transit and development, and use the EIS process as intended to weigh the cumulative impacts of proposed development on the environment. 36 Concerns about whether the376th bridge and 19t` Way South/South Matthew and AnnDU Do 376th Streets were built for heavy traffic and commercial trucks. Also concerned about potential future traffic impacting the Brittany Lane park and the senior living facility south of South 376th Street. 37 States that even though a legislative comprehensive plan amendment Mark Spaur and rezone are non -project actions, guidance from the Department of Ecology is that when a non -project action involves a comprehensive plan or similar proposal governing future project development, the probable environmental impacts associated with future development need to be considered. He also states that additional stormwater analysis should be done to evaluate impacts on the Hylebos Watershed and that future development should utilize Low Impact Development (LID)/Green Stormwater Infrastructure (GSI) methods. He is also requesting that the South 376th Extension to 20th Way South be removed from the Comprehensive Plan as part of this process. Citizens in Favor of the Change Loren and Shannon Neighbors, who live in the area under study, are in favor of the comprehensive plan amendment and rezone to RS 5.0 (single family, one unit per 5,000 square feet) because there is a need for middle class housing near to good mass transit. Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 15 of 16 IX. MAYOR'S RECOMMENDATION The Mayor recommends that the legislative action to change the comprehensive plan designation and zoning of all 26 parcels from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential (RS 7.2, one unit per 7,200 square feet) be approved. X. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding each proposed comprehensive plan amendment and rezone request: 1 Recommend to City Council adoption of the proposed comprehensive plan amendment as proposed; 2. Recommend to City Council that the proposed comprehensive plan amendment not be adopted; 3. Forward the proposed comprehensive plan amendment to City Council without a recommendation; or 4. Modify the proposed comprehensive plan amendment and recommend to City Council adoption of the amendment as modified. LIST OF EXHIBITS Exhibit A Determination of Nonsignificance and Checklist Exhibit B Agencies That Were Sent a Copy of the DNS and Environmental Checklist Exhibit C Vicinity Map of Milton Road Area Exhibit D Map — Original Six Applicants Exhibit E Timeline for the Milton Road Area Comprehensive Plan Amendment and Rezone Exhibit F Vicinity Map of Milton Road Area with Numbered Parcels Corresponding to Table I Exhibit G Aerial Map Showing Surrounding Zoning and Uses Exhibit H Lakehaven Water and Sewer Map Exhibit I Map III -4 Cross Section Application by Street Exhibit J Road Cross Section O Exhibit K Road Cross Section S Exhibit L Road Cross Section U Exhibit M Road Cross Section W Exhibit N Map IX -1 Aquifers Exhibit O Map IX -2 Aquifers & Wellhead Capture Zones Exhibit P Map IX -3 Areas Susceptible to Groundwater Contamination Exhibit Q Major Parks and Open Space Map Exhibit R Written Comments Opposing or Asking Questions About the Comprehensive Plan Amendment and Rezone Exhibit S Written Comments in Favor of the Comprehensive Plan Amendment and Rezone K:\Comprehensive Plan\2018 Comprehensive Plan Amendments\Planning Commission\021119 Planning Commision Public Hearing Report.doc Planning Commission Staff Report February 9, 2019 2018 Comprehensive Plan Amendments / Milton Area Legislative Rezone Page 16 of 16 c11 r or 4A Federal Way EXHIBIT DETERMINATION OF NONSIGNIFICANCE (DNS) 2018 City of Federal Way Comprehensive Plan Amendments Milton Road Legislative Comprehensive Plan Amendment and Rezone (Non -Project Action) Files: 18 -105523 -SE & 18 -104618 -UP Description: This is a legislative action initiated by the City Council for a comprehensive plan amendment and rezone for 26 parcels (56.06 acres) in the Milton Road area east of I-5 from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single -Family High Density Residential (either to RS 7.2, one unit per 7,200 square feet, or RS 5.0, one unit per 5,000 square feet). If the proposed comprehensive plan amendment is approved, appropriate zoning changes would be made concurrently. The owners would then be able to apply for subdivisions or other allowable development activity. Any of these actions would have to be reviewed and approved by the city. Applicant: Community Development Department — Planning Division Lead Agency: City of Federal Way Staff Contact: Principal Planner Margaret Clark —253-835-2646, inargaret dark<aciyoQ-deralway.cont The city's Responsible Official has determined that the proposal does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the city. A completed environmental checklist and supporting documents are available for review at the City of Federal Way Community Development Department (Federal Way City Hall, 33325 8"' Avenue South, Federal Way, WA 98003, 253-835-7000), from 8 a.m. to 5 p.m., Monday through Friday. This DNS is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issuance. Comments must be submitted by 5:00 p.m. on January 18, 2019. Unless modified by the city, this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days of the above comment deadline. You may appeal this determination to the Federal Way City Clerk (address above), no later than 5:00 p.m. on February 8, 2019, by a written letter stating the reason for the appeal of the determination. You should be prepared to make specific factual objections. Responsible Official: Brian DavisF" Title: Director of Community Development/SEPA Official VA E 3a --- Address: 33325 81h Avenue South, Federal Way, WA 98003 r r Date issued: January 4, 2019 Signature: K:\Comprehensive P1an\2618 Comprehensive Plan AmendmenwSEPAtM ILon FL MS.doex. Federal, Way UP9- IT PAGE`-OF-11- Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www ciivoffederalway.t�Q—m SEPA ENVIRONMENTAL CHECKLIST Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization, " or compensatory mitigation measures will address the probable significant impacts, or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies and/or reports. Complete and accurate answers to these questions often avoiddelays with the SEPA process, as well as later in the decision-making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal, and an analysis of adverse impacts. The checklist is considered the first, but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For nonproject proposals (such as ordinances, regulations, plans, and programs), complete the applicable parts of sections A and B, plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or siteshould be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for nonprojects) questions in Part B (Environmental Elements) that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental Checklist Page 1 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE EXHIP'IT A PAGE A. BACKGROUND 1. Name of proposed project, if applicable: 2018 City of Federal Way Comprehensive Plan Amendments Milton Road Legislative Comprehensive Plan Amendment and Rezone 2. Name of applicant: Federal Way Community Development Department — Margaret H. Clark, Principal Planner 3. Address and phone number of applicant and contact person: 33325 8s' Avenue South, Federal Way, WA 98003. (253) 835-2646 4. Date checklist prepared: November l9, 2018 5. Agency requesting checklist: City of Federal Way 6. Proposed timing or schedule (including phasing, if applicable): Planning Commission Public Hearing — February 20, 2019 Land Use/Transportation Committee Public Meeting March 4, 2019 City Council Public Meeting with 1" Reading of Ordinance March 19, 2019 City Council Public Meeting with 2nd Reading of Ordinance — April 2, 2019 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. This is a legislative action initiated by the City Council for a comprehensive plan amendment and rezone for 26 parcels (56.06 acres) in the Milton Road area east of I-5 (Exhibit A) from Single Family Medium Density Residential (RS 35.0, one unit per 35,000 square feet) to Single Family High Density Residential (Either to RS 7.2, one unit per. 7,200 sq. ft. or RS 5.0, one unit per 5,000 sq. ft.) If the proposed comprehensive plan amendment is approved, appropriate zoning changes would be made concurrently. -The owners would then be able to apply for subdivisions or other allowable development activity. Any of these actions would have to be reviewed and approved by the City. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. No environmental documents were prepared in connection to this comprehensive plan amendment and rezone. However, there were two wetland reports prepared for the following specific parcels: 1. Wetland & Mitigation Report prepared by Environmental Design, LLC for Arnie Ellingson, site SEPA Environmental Checklist Page 2 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE EXF IT-L� PAGE I �.._F22 address 1224 South 376th Street located on Parcel No's. 322104-9136, 322104-9036, and 322104- 9138. 2. Wetland and Fish and Wildlife Habitat Assessment Report for Arnie Ellingson, no site address, Parcel No. 322104-9050, 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. There is a pending violation on portions of Parcel No's. 322104-9136, 322104-9036, and 322104-9138 for clearing and grading without a permit. The owner had misinterpreted information provided by the Department of Ecology and began constructing a stormwater feature/berm within the wetland buffer without approval from the City. The owner entered into a Voluntary Correction Agreement (VOA) with the City. As part of the VOA, a full assessment of the impacts to the wetland and wetland buffer and a wetland report with recommended mitigation was required. A Wetland & Mitigation Report was prepared by Environmental Design, LLC. The City is in the process of working with the owner on resolving the violation. There are no other pending applications for government approvals or other proposals directly affecting the remainder of the parcels. If the legislative comprehensive plan amendment and rezone are approved, specific development proposals related to individual parcels will require future environmental review and approval of development and building permits. 10. List any government approvals or permits that will be needed for your proposal, if known. The Federal Way City Council must adopt the final amendments to the FWCP pursuant to FWRC Chapter 19.80, "Council Rezones." Specific development proposals related to individual parcels will require future environmental review and approval of development and building permits. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The locations of the 26 lots that are included in the legislative comprehensive plan and rezone area are shown on Exhibits A and A and are described below: SEPA Environmental Checklist Page 3 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18-105523-WSE Existing Parcel # Owner Address Location Sq. ft. Acres Land Use # houses North of Single 1424 S 372nd St Milton Rd family SlS 372nd dwelling 1 322104-9086 Mark Johnson St 19,331 0.44 1 Single 37222 Milton Rd S East of family 2 322104-9157 Larry Neether Milton Rd S 47,760 1.1 dwellingi Single family 3 322104-9045 Larry Neether 71.002 1.63 dwelling1 North of Single 1408 S 372nd St Milton Rd family 4 322104-9002 Pam Otteson S/S 372nd St. west 145,490 3.34 dwelling1 Vacant Of Milton Rd S, and south of i- 5 322104-9076 Pam Otteson 5 36,533 0.84 0 SEPA Environmental Checklist Page 3 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18-105523-WSE EXP' I R IT PAGE_5--®F 3__ L __. SEPA Environmental Checklist Page 4 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE Parcel # Owner Address Location Sq. ft. Acres # Houses Edi 1331 S 372nd St 6 322104-9114 Rick Beard South of Milton Rd 87,120 2 1 Single 1311 S 372nd St S/S 372nd family 7 322104-9053 Rick Beard St 77.972 1.79 dwelling I Single 1321 S 372nd St family 8 322104-9129 Rick Beard 31,785 0.73 dwelling 1 East of Single 1110 S 376th St Milton Rd family S and dwelling north of S 9 322104-9036 Arnold Ellingson 376th St 167.270 3.83 1 10 322104-9138 Arnold Ellingson N/A North of S 98.881 2.27 Vacant 0 Single 1224 S 376th St 376th St family 11 322104-9136 Arnold Ellingson 108.900 2.5 dwelling I 12 322104-9050 Arnold Ellingson N/A 207.781 4.77 Vacant 0 Single 1423 S 372nd St South of family Milton Rd dwelling 13 322104-9064 Visnou Dararak S 104.544 2.4 1 North of Single 1312 S 372nd Si Milton Rd family S/S 372nd dwelling St, and 14 322104-9003 Joe & Mary Greene east of I-5 92,347 2.12 1 North of N/A Milton Rd Vacant S/S 372nd St, and 15 322104-9048 Joe Greene east of I-5 1.350 0.03 0 Single 1411 S 372nd St South of family 16 322104-9126 Nick Semenyuk S 372nd St 104,108 2.39 dwelling1 South of Single 36924 Milton Rd S S369th St family and east of dwelling Milton Rd 17 322104-9111 Lue Swenson S 16,875 0.39 1 37128 Milton Rd S East of Single Milton Rd family 18 322104-9001 Kay Kaprosy S 133,729 3.07 dwelling 1 11515 Single S 372"d St Southeast family Loren and Shannon of S 372nd dwelling 19 322104-9011 Nei hors St 217,800 5 1 Single 1414 S 376" St South of S family 20 322104-9063 Jayne Vondoenhoff 376" St 440,661 10.12 dwelling 1 Single Michael & Connie 1605 S 369" St South of S family 21 721266-1040 Czerwonka 369" St 28,507 0.65 dwellin 1 Detention N/A South of S Pond 22 721266-1090 City 369th St 54.561 1.25 0 Single 37123 17'" Ave S West of family 23 721266-1050 William German 17° Ave S 42,395 0.97 dwellin 1 Single Nguyen & Diem 37321 17th Ave S West of family 24 721266-1060 1 N oc 17th Ave 35.000 0.8 dwelling 1 SEPA Environmental Checklist Page 4 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE EFIRI PAGE -1,0E-22. Total 2,442,202 56.06 21 No's 21 and 23-26 are located within Regency Woods Division No. 2 and they are already developed with single family homes. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Refer to Exhibit R for location of the parcels. Street addresses are found under Section A.11 of this Checklist. No's 1-20 above are located within NE 32-21-4 and No's 21- 26 are located within NW 33- 21-04. Staff concurs with the checklist. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (Underline/circle one): Flat, rolling, hilly, steep slopes, mountainous, other The site is approximately 56 acres with a flat to rolling terrain. b. What is the steepest slope on the site (approximate percent slope)? The steepest slope on the site is approximately 42 percent located on the western portion of Parcel No. 322104-9036 between Milton Road and the on-site wetland. . c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. The majority of the soils in this area are Aiderwood Gravelly Sandy Loam (AgC) with a slope of 6-15 percent. Everett Gravelly Sandy Loam (EvC) with a slope of 5-15 percent can be found roughly in the middle of the area with an area of Kitsap Silt Loam (KpB), 2-8 percent slope, to SEPA Environmental Checklist Page 5 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE Existing Parcel # Owner Address Location Sq. ft. Acres Land Use # Houses S Single 37323 17th Ave S West of family Igor & Liliya l7th Ave dwelling 25 721266-1070 Stadnik S 35.000 0.8 i Single Curtis &Christina 1610 S 376th St North of S family 26 721266 1080 Call 376th St 35,500 0.81 dwelling i Total 2,442,202 56.06 21 No's 21 and 23-26 are located within Regency Woods Division No. 2 and they are already developed with single family homes. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Refer to Exhibit R for location of the parcels. Street addresses are found under Section A.11 of this Checklist. No's 1-20 above are located within NE 32-21-4 and No's 21- 26 are located within NW 33- 21-04. Staff concurs with the checklist. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (Underline/circle one): Flat, rolling, hilly, steep slopes, mountainous, other The site is approximately 56 acres with a flat to rolling terrain. b. What is the steepest slope on the site (approximate percent slope)? The steepest slope on the site is approximately 42 percent located on the western portion of Parcel No. 322104-9036 between Milton Road and the on-site wetland. . c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. The majority of the soils in this area are Aiderwood Gravelly Sandy Loam (AgC) with a slope of 6-15 percent. Everett Gravelly Sandy Loam (EvC) with a slope of 5-15 percent can be found roughly in the middle of the area with an area of Kitsap Silt Loam (KpB), 2-8 percent slope, to SEPA Environmental Checklist Page 5 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE EXE"! RIT --L� PAGE -2 -0E -Ll - the south east of the EvC. There is also a small area of Bellingham Silt Loam (Bh) located in the south eastern portion of the area (Exhibit Q. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Based on the city's Critical Areas Map (Exhibit D), there are no surface indications or history of unstable soils in the immediate vicinity. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. The proposal is a non -project action. However, if any of the parcels are further subdivided via a preliminary plat (10 or more lots created), said subdivision would be subject to their own review pursuant to the State Environmental Policy Act (SEPA) and at that time, any proposed filling, excavation, and grading, including source of fill would be addressed. The construction of single family homes does not trigger SEPA review. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. It is possible that erosion could occur as a result of clearing, construction, or use. Please refer to response under Section B (1) (h). g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? There are approximately 56.06 acres in the subject area, of which 50.76 acres may be redevelopable. As stated in Section A (11), No's 21 and 23-26 are located within Regency Woods Division No. 2 (Exhibits A and B) and they are already developed with single family homes. Furthermore, it appears that the Regency Woods Division 2 Declaration of Protective Covenants, Conditions and Restrictions (CC&Rs) prohibit further division of these lots. Of the remaining 50.76 acres, approximately 0.92 acres will needed for future road expansions and approximately 13.22 acres would be set aside as wetlands and wetland buffers, leaving 36.62 acres as developable or redevelopable land. If the parcels were subdivided, it is assumed that 7.5 percent would be set aside as open space with the remaining 7.5 percent being satisfied by a fee -in -lieu of open space with 20 percent being developed as internal streets, leaving approximately 52.3 percent that could be developed as lots. In both the RS 7.2 and RS 5.0 zones, maximum lot coverage is 60 percent which would result in approximately 31.4 percent of impervious surface. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: These are non project actions. Future project specific actions will be subject to environmental review as required by the SEPA Rules, and will be evaluated in accordance with all plans, policies, rules, and regulations adopted as a basis for the exercise of substantive authority under SEPA to approve, condition or deny proposed actions. In addition, when future projects are submitted, any erosion -related impacts created during clearing and construction activities will be mitigated in compliance with the 2016 King County Surface Water Manual (KCSWM), as amended by the city. This requires any erosion -related impacts created during clearing and construction activities to be addressed according to a Temporary Erosion Sedimentation Control Plan (TESL), which is a standard part of engineering review and approval. SEPA Environmental Checklist Page 6 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE Staff concurs with the checklist. 2. Air EXVIRIT PAGE--L—OF—La. a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Potential construction of an additional 160 to 231 houses would result in increased emissions to the air both during construction and after construction by increased vehicle traffic in the area. Approximate quantities of the increased emissions are unknown. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Not applicable. These are non -project actions. c. Proposed measures to reduce or control emissions or other impacts to air, if any. These are non project actions. However, the amount of wetland vegetation and buffer vegetation to be retained should help to filter pollutants and absorb carbon dioxide. Trees also release oxygen into the atmosphere and help cool our homes. Staff concurs with the checklist. 3. Water a. Surface Water 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The City's Critical Area Map (Exhibit D) identifies three Category lI Wetlands in this area, one on Parcels 322104-9136, 322104-9036, and 322104-9138 (Ellingson), one on the southern portion of Parcel 322104-9063 (Vondoenhoff), and one on Parcels 322104-9001 (Kaprosky), and 721266-1090 (City of Federal Way). These appear to be Category R wetlands with 105 foot wide buffers. There also appears to be another wetland on portions of Parcels 322104-9050 (Ellingson), 322104-9126 (Semenyuk) and 322104-9063 (Vondoenhofl). The City's wetland consultant has identified this wetland as a Category III wetland with a 60 foot wide buffer. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. These are non -project actions. However, if the wetlands are indeed Category H with buffers of 105 feet and 60 feet, it is likely that work would occur within 200 feet of the wetlands. There have been two wetland studies prepared for the Ellingson parcels. However, if future SEPA Environmental Checklist Page 7 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #i 8 -105523 -00 -SE EXHIBIT A PAGE -2 -OP--!,,,_ subdivision of the area is proposed, additional environmental studies to analyze impacts on the wetlands would be required. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. These are non -project actions and without a development proposal it is not possible to estimate fill or dredge material that would be placed in or removed from the wetlands or their buffers. It is also not possible to identify the source of any fill. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. These are non -project actions. 5) Does the proposal lie within a 100 -year floodplain? If so, note the location on the site plan. These are non -project actions. However, based on the Washington State Coastal Atlas (Flood Hazard Maps), there are no floodplains in the vicinity of the site-specific requests. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. These are non -project actions. b. Ground Water 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses, and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. These are non project actions. However, based on the Lakehaven Water & Sewer District Wellhead Protection Maps, there are no wells in this area. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial containing the following chemicals... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. These are non -project actions. However, if the area was built out at RS 7.2 (one unit per 7,200 square feet), it is assumed that there could be 160 lots, including the existing 26 lots, and if built out at RS 5.0 (one unit per 5,000 square feet), there could be 231 lots including the existing 26 lots. It is very unlikely that waste material from septic tanks or domestic sewage would be discharged into the ground as the Lakehaven Water & Sewer District has stated that they have no comment on the proposed rezone itself, as no new Lakehaven water/sewer system facilities would be required by or for the proposed land use action itself. Future development of the SEPA Environmental Checklist Page 8 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE associated properties would require extension of Lakehaven water and sewer system facilities as necessary to serve such future developing properties. c. _ Water runoff (including stormwater): 1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The existing storm system in the area consists of roadside ditches which connect to existing wetlands in the area. 2) Could waste materials enter ground or surface waters? If so, generally describe. Refer to response to question above. However, any new development would be required to construct a stormwater system with a discharge to an approved stormwater treatment and detention system. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. The storm system and the existing roadways are not adequate to support a rezone from RS 35.0 to either RS 5.0 or RS7.2 d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage . pattern impacts, if any: As the area is developed, any water -related impacts will be mitigated in compliance with the City - adopted 2016 KCSWM, as amended by the City. Staff concurs with the checklist. 4. Plants a. Check the types of vegetation, found on the site: X deciduous tree: alder, maple, aspen, other _evergreen tree: fir, cedar, pine, other X shrubs X grass X pasture _crop or grain _orchards, vineyards, or other permanent crops X wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other "X141 FIR _X_water plants: water lily, eelgrass, milfoil, other ���� _other types of vegetation—.iO--O F b. What kind and amount of vegetation will be removed or altered? SEPA Environmental Checklist Page 9 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE When a specific application is submitted, the kind and amount of vegetation to be removed or altered will depend on City requirements, which would be reflected in an approved tree retention plan. c. List threatened and endangered species known to be on or near the site. There are no known threatened or endangered species in the vicinity of the proposal. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. Landscaping would be addressed at the time of subdivision or other development of the area. e. List all noxious weeds and invasive species known to be on or near the site. There are no known noxious weeds or invasive species on or near the site. Staff concurs with the checklist. 5. Animals a. List any birds and other animals which have been observed on or near the site, or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other: _ x mammals: deer, bear, elk, beaver, other: x fish: bass, salmon, trout, herring, shellfish, other A variety of birds, mammals, and fish native to the Pacific Northwest are found within the City of Federal Way. Species vary depending on whether the area is in a natural versus developed state. b. List any threatened and endangered species known to be on or near the site. There are no known threatened or endangered species known to be on or near these sites. c. Is the site part of a migration route? If so, explain. Federal Way is located within the Pacific Flyway migration route utilized by waterfowl migrating north into Alaska and northern Canada. It is unknown whether there are key rest stops in this area. d. Proposed measures to preserve or enhance wildlife, if any. There are no proposed measures at this time to preserve or enhance wildlife. e. List any invasive animal species known to be on or near the site. EXPI R None known. PAGE —1 Staff concurs with the checklist. SEPA Environmental Checklist Page 10 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. As new internal roads are constructed, new street lights would be installed. Energy for the lights would be provided by Puget Sound Energy (PSE). b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The maximum height of single family dwelling units in any of the RS zones is 30 feet, and, therefore use of solar energy by adjacent properties should not be affected. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. There are no plans proposed at this time, and any proposed measures to reduce or control energy impacts can only be determined once a proposal is made. Staff concurs with the checklist. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. There are none. 1) Describe any known or possible contamination at the site from present or past uses. There is no known contamination in this area. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. The Olympic Pipeline runs parallel to I-5 on the east, west of Milton Road South. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. No toxic or hazardous chemicals will be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. 4) Describe special emergency services that might be required. SEPA Environmental Checklist Page I I of 22 2018 City of Federal Way Comprehensive Plan Amendments File #] 8 -105523 -00 -SE No special emergency services will be required. ` 5) Proposed measures to reduce or control environmental health hazards, if any. No measures are proposed to reduce or control environmental health hazards. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Noise associated with traffic on I-5 is audible along the western portion of the subject site. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? For internal roads and home construction Indicate what hours noise would come from the site. There will be short-term noise associate with. construction equipment and long-term noise associated with traffic associated with new homes in the area. 3) Proposed measures to reduce or control noise impacts, if any: Per FWRC 19.105.040, the City of Federal Way regulates work hours as follows: Development activities and heavy equipment operations are permitted between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, and between 9:00 a.m. and 8:00 p.m. Saturday, and are not permitted on Sundays or holidays observed by the city, unless permission is requested and granted by the Director of Community Development. Staff concurs with the checklist. 8. Land and Shoreline Use a. Wlat is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. There are presently 21 houses on 26 parcels (Exhibit E). The SeaTac Rest Area is located to the north; Enchanted Park/Wild Waves Amusement Park is located to the northeast; a retirement home, The Meridian at Stone Creek, and vacant land is located to the south; Regency Woods, Division 11 is located to the east; and Milton Road South and I-5 are located to the west. Intensification of development in this area should not affect land uses on nearby or adjacent properties. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? N resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? It is unknown if any of the sites have been used for agriculture or as forest land in the past. SEPA Environmental Checklist Page 12 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE EXI PAS 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how. There are no surrounding working farms or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting. c. Describe any structures on the site. Refer to responses under Section B.8 (a) of this Checklist. d. Will any structures be demolished? If so, what? It is unknown if any structures will be demolished to make way for new construction. e. What is the current zoning classification of the site? The current zoning of the area is RS 35.0 (Single family Residential, one unit per 35,000 square feet). f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation is Single Family Medium Density Residential. g. If applicable, what is the current shoreline master program designation of the site? The site is not located in a designated shoreline master program area. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. There are four Class II wetlands in this area. Please refer to Section B.3.a.1. for a description of the wetlands and Exhibit D for their locations. L Approximately how many people would reside or work in the completed project? If the area was built out at RS 7.2 zoning with approximately 160 single family houses, with a household size of 2.7 persons, approximately 432 people would live in the area. With RS 5.0 zoning and 231 single family houses, approximately624 people would reside in the area j. Approximately how many people would the completed project displace? Buildout of the area should not displace people who currently reside there.. k. Proposed measures to avoid or reduce displacement impacts, if any. Not applicable. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. SEPA Environmental Checklist Page 13 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE At either RS 5.0 or RS 7.2 zoning, future uses should be compatible with the Regency Woods Division U Development to the east and, the retirement home to the south, and Wild Waves/Enchanted Park Theme Park to the northeast. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any. There are no agricultural and forest lands of long-term commercial significance within the city. Staff concurs with the checklist. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. At RS 7.2 zoning, there may be approximately 160 housing units and at RS 5.0 zoning, there may be 231. It is expected that this would be middle-income housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. It is not anticipated that any housing units will be eliminated. c. Proposed measures to reduce or control housing impacts, if any. Not applicable. Staff concurs with the checklist. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Thirty (30) feet above average building elevation. b. What views in the immediate vicinity would be altered or obstructed? No views in the immediate vicinity should be altered or obstructed c. Proposed measures to reduce or control aesthetic impacts, if any. Not applicable. Staff concurs with the checklist. E191 SEPA Environmental Checklist Page 14 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Development of housing would provide additional household lighting and light emitted from street lighting poles after dark. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any. Federal Way Revised Code (FWRC) 19.105.030, Lighting regulation, prohibits light sources both directable and nondirectable from extending to adjacent properties. Staff concurs with the checklist. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Enchanted Park/Wild Waves Theme Park is located to the northeast. In addition, there are a wide variety of recreational opportunities in the Federal Way area. These opportunities include Dash Point State Park, a 398 -acre state park on the west side of the city, operated and maintained by Washington State Parks; Celebration Park, an 84 -acre city -owned community park located approximately in the middle of the City with ballfields and walking trails; Town Square Park, a four acre city -owned community park located in the City Center; and recreation trails in the Bonneville Power Administration right-of-way. b. Would the proposed project displace any existing recreational uses? If so, describe. There are no existing recreational uses on the subject parcels. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. Not applicable. Staff concurs with the checklist. EXIR PAGE_.r 3? SEPA Environmental Checklist Page 15 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE 13. Historic and cultural preservation E11TA PAGE {____ ..OF 3� a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. It is unknown if there are any historic structures over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. It is unknown whether there are any landmarks or evidence of Indian or historic use or occupation in the area. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. Not applicable. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. Not applicable. Staff concurs with the checklist. 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. Milton Road South runs north to south and serves the majority of the parcels. South 276'' Street runs east west and serves five parcels (Exhibits A and,B). b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? Sound Transit, King County Metro, and Pierce Transit provide service to the city. There is also a dial -a -ride -transit (DART) service, as well as two park and ride facilities (Twin Lakes and Redondo Heights) and the Federal Way Transit Center. It is unknown which specific routes serve the site- specific requests. This area is not served by either existing or planned routes by King County METRO or Pierce Transit. The closest transit service is Pierce Transit Route 402, located at SR 161 (Enchanted Parkway S) at 19th Way S. c. How many additional parking spaces would the completed project or non -project proposal SEPA Environmental Checklist Page 16 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE E IRI. �` have? How many would the project or proposal eliminate? PAGE OF City code requires a minimum of two parking spaces per dwelling unit. No parking spaces should be eliminated. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle, or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). Any proposals that may result from a decision on the legislative rezone and comprehensive plan amendments will be subject to future review for compliance with all codes. Specifically, any future development, regardless of zoning, would be required to construct street improvements consistent with the planned roadway cross-sections as shown in Map III -4 (Cross Section Application by Street) (Exhibit E) and Table III -10 [Capital Improvement Program (CIP) — 2016-2040] of Chapter 3 of the FWCP, except single family development may apply to the Public Works Director to modify, defer, or waive the required improvements. A Transportation Impact Analysis was conducted to determine the required street improvements. The applicant would be expected to construct improvements on the following streets to the City's planned roadway cross-sections: Milton Road S is a Principal Collector planned as a Type "P" street. However, the proposed zone change would change that to a Type "O" street (Exhibit F), consisting of a 34 -foot street with curb and gutter, six-foot planter strips with street trees, 8 -foot sidewalks, and street lights in a 68 -foot right-of-way (ROW). Assuming a symmetrical cross section, 4 feet of ROW dedication and half street improvements are required on each side developed as measured from the street centerline OR far side edge of travel way. Depending on the location of any local access streets, left -turn lanes may be required at site access points, adding 12 feet to the roadway cross-section. The easterly curve in the 37200 block does not meet current standards, and should be realigned. Another alternative would be to construct a site access intersection at this location, controlled by a roundabout. • S376 1h Street is a Minor Collector planned as a Type "S" street (Exhibit G), consisting of a 36 -foot street with curb and gutter, four -foot planter strips with street trees, 5 -foot sidewalks, and street lights in a 60 -foot right-of-way (ROW). Assuming a symmetrical cross section, no ROW dedication would be necessary, but half street improvements are required as measured from the street centerline OR far side edge of travel way. Internal street(s) shall be Type "S" (Exhibit G), "U" (Exhibit H), or "W" (Exhibit 1) local streets, consisting of a 36-, 32-, or 28 -foot street, respectively, with curb and gutter, four -foot planter strips with street trees, five-foot sidewalks and street lights in a 60-, 56-, or 52 -foot right-of-way (ROW), respectively, depending on the number of lots served. Future development shall meet block perimeter requirements of 1,320 feet for non -motorized access, and 2,640 feet for streets e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. SEPA Environmental Checklist Page 17 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE E MIT A PAGE 1_I ....OF 3.... How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and non -passenger vehicles). What data or transportation models were used to make these estimates? Trip generation is estimated based on ITE's Trip Generation 20'h Edition. The net increase in traffic volumes would be 160 or 215 trips during the evening peak hour and approximately 1,600 or 2,150 daily trips. Truck percentage of volume would be two percent, consisting mostly of school buses, garbage trucks and the occasional moving van or fire truck. g. Will the proposal interfere with, affect, or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. Federal Way is considered an urban area, and there is little agricultural or forestry activity. h. Proposed measures to reduce or control transportation impacts, if any. Future development of the area will be subject to development review as required by City regulations. At the time that an application for a development permit is submitted, the Traffic Division will conduct a Concurrency Analysis, which will analyze peak hour impacts of the project to assure that there is adequate capacity to accommodate the proposed development. Supplemental mitigation may be required if the proposed project creates an impact not anticipated in the Transportation Improvement Plan (TIP). The applicants have the option to have an independent traffic engineer licensed in the State of Washington prepare the concurrency analysis consistent with City procedures. Development proposals will also be subject to a traffic impact fee to address system impacts. Site-specific analysis may also be required to address impacts outside of the evening peak hour or safety issues. Staff concurs with the checklist. 15. Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? if so, generally describe. Based on increased density and additional single family homes, it is likely that there will be a need for increased public services, such as fire protection, police protection, public transit, health care, and schools. The proposed legislative comprehensive plan amendment and rezone were presented to the members of the City's Development Review Committee (DRC), which includes the Public Works Development Service and Traffic Divisions, the Building Division, South King Fire, Lakehaven Water and Sewer District, and the Police Department. No comments were received from the Police Department, Fire Department, or the School District. b. Proposed measures to reduce or control direct impacts on public services, if any. No measures to reduce or control direct impacts on public services have been identified at this time. Staff concurs with the checklist. SEPA Environmental Checklist Page 18 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE 16. Utilities a. Underline/circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. All services should be available once the area starts to build out. The Lakehaven Water and Sewer District has stated that future development of the area would require extension of Lakehaven water and sewer system facilities as necessary to serve such future developing properties. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. It is expected that utilities will be provided as follows: Electricity and natural gas - PSE Water and sewer - Lakehaven Water and Sewer District Refuse Service - Waste Management Telephone — There is a variety of providers including land line providers such as AT&T, and voice over internet providers such as Vonage Cellular — T -Mobile, AT&T, Verizon, Sprint Television — Xfinity, DIRECTV, Dish Internet — Xfinity Internet from Comcast, Century Link Staff concurs with the checklist. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: /Vh ffie4 4.,f a Printed Name of Signee: Margaret H. Clark Position and Agency/Organization: Principal Planner, City of Federal Way Date Submitted: October 4, 2017 Reviewed and concurred with. Signature: r✓v%V , I}M O Printed Name of Signee: Brian Davis Position and Agency/Organization: Community Development Director„ City of Federal Way Date reviewed: //3//l SEPA Environmental Checklist Page) 9 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Vicinity Map Critical Areas Map Soils Map Aerial Map Map 111-4 Cross Section Application by Street Road Cross Section O Road Cross Section S Road Cross Section U Road Cross Section W EIS' PA E,.�—OF La SEPA Environmental Checklist Page 20 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE A SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (IT IS NOT NECESSARY to use this sheet for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air, production, storage, or release of toxic or hazardous substances; or production of noise? Development of the area with housing is not likely to increase discharge to water, or production, storage, or release of toxic or hazardous substances as any future development will be subject to City of Federal Way requirements for drainage and FWRC, Title 19, Division 5, which regulates the use of hazardous materials in Critical Aquifer Recharge Areas. In addition, individual zones within the FWRC regulate storage and treatment of hazardous substances. FWRC Title 7, Public Nuisances provides specific regulations related to air quality and noise. However expansion of existing roads and construction of new internal roads will result in increased emissions to air due to increased vehicle traffic in the area and increased noise associated with traffic. Proposed measures to avoid or reduce such increases are: Require compliance with City codes and regulations. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? As development occurs, trees and other vegetation will be removed, and animals may be displaced. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Per FWRC 19.120.130 Tree and Vegetation Standards, existing trees and vegetation in good health, and not considered to be invasive species, shall be retained on the subject property to the maximum extent possible in all developments. Twenty five tree units per acre are required on all developed sites in any single family zone. The tree density requirements will be met primarily through the conservation of existing trees. However, in order to provide for continued flexibility in the design of new development, in those situations where a development's design would preclude the retention of the required number of trees, the use of replacement or supplemental tree planting is authorized to meet the required tree unit density. 3. How would the proposal be likely to deplete energy or natural resources? The proposal should not deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: PAS a None. SEPA Environmental Checklist Page 21 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE EXPINRIT PAGE -21 -OF. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The only environmentally sensitive areas are wetlands. The City permits intrusions into wetland buffers on a case-by-case basis only if enforcing the critical area regulations would eliminate all reasonable use of the property. If the city grants a reasonable use request, it shall grant the minimum necessary to provide the applicant with some reasonable use of the subject property. The city may also impose limitations, mitigation under an approved mitigation plan, conditions and/or restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section. Proposed measures to protect such resources or to avoid or reduce impacts are: See response under No. 4 above. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? This area is not within the shoreline master program area. Proposed measures to avoid or reduce shoreline and land use impacts are: None. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Increased density would likely increase traffic in these areas and require the expansion and improvement of existing roads and the construction of new internal roads to meet block perimeter standards. It would also increase the demand for public services such as police, fire, and schools. The Lakehaven Water and Sewer District has stated that future development of the area would require extension of Lakehaven water and sewer system facilities as necessary to serve such fixture developing properties. Proposed measures to reduce or respond to such demand(s) are: The City would work with public service providers to come up with a solution. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. This proposal does not conflict with any local, state, or federal laws or requirements for the protection of the environment. Staff concurs with the checklist. K:\Comprehensive Plan\2018 Comprehensive Plan Amendme tsiSEPA)Mihon Rd\Annotated Milton Area Checklist.docx SEPA Environmental Checklist Page 22 of 22 2018 City of Federal Way Comprehensive Plan Amendments File #18 -105523 -00 -SE EXIIP 71,IT--L.. E oPIRIT A (D N r m LL O c Nui o LO Z oc 3 ° c c °7 a V5 Q � � a W N S ab Non N Q. a E m Z m Q ca N LLV !� a o�1 N m Z .N m E �Z 1 Ep'N aEi 3n LO m U O Z -�` (%) T U Q p Q m W U > N am > m° c io �♦ cn coN o: u' w m R r E r - --- - -- - w o N T a " y_ En 0 a W of U E in O W WLLJ W U D xvv ra N � N f0 O J N m U N y c t0 V 'C O N in to to >� 7 J W C� I J 2 p J p m o a J 'C L m cc U i ® 0 w o ° Z O> J v rr i h a E oPIRIT A (D N N m LL O c Nui o LO oc 3 ° c c °7 a � � a m N S ab Non Q. a E m Q ca Y. LLV !� a o�1 N m _ .N m E �Z 1 3n LO y N R �I7C-*1 C Nui N �m Q M N S ab Non Q Y. N tp.a cx _ r 3n LO �r � � M r - --- - -- - T a QT � ra 5 EXPIRIT1 RAGE a 3a EXHIBIT lCity of Federal Way ;Regional Soils Map . SA VA ESC I� W17- Bh 1 ? Soils Key: j AgB-Alderwood Gravelly Sandy Loam, 0-6% Slope AgC -Aiderwood Gravelly Sandy Loam, 6-15% Slope i AkF -Alderwood & Kitsap, Very Steep Bh - Bellingham Silt Loam EvB - Everett Gravelly Sandy Loam, 0-5% EvC -Everett Gravelly Sandy Loam, 5-15% InC - Indianola Loamy Fine Sand, 4-15% KpB - Kitsap Sift Loam, 2-8% Sk - Seattle Muck Tu -Tukwila Muck 1 ` N 0 704 600 FON 1h KpB s aura s* w W-AkF tiro` k AgC r Feiieral Way cu N N PAGE a7 � �-L-- cu cr d = *.a v' Z 4) ap _ N O o C N C C U L1_ d =C?0 LD (U f� � s co CL a O � CL'— Vto >, +.+ °+;c0 N U i7i c o cn w N v OKI&Mwq "N PAGE a7 � �-L-- Z _ C LD (U f� � s N mom O � U' C N � m v ani CL L V :3 O ` N° O a C' E c �`�Q' X�� N E m N a m °r O N = n v ij. as C Q Q.� m � � o E L z a of �} E E.n .0'0 J m "N EXPWRIT A FWCP - Chapter Three, Transportation PAGE__ 8 .__O F 52 EXHIBIT Revised 2015 III -19 Cir or Federal Way Comprehensive Plan thr A F.rsvrr Map III - 4 m"``u`v" Gis F dww MM A*"MI Cross Section Application by Street Des Kent Mum s Puaw ,X� Fede I Way r..�, h R1 tT .Z • y, Ili ' i Legend 1ua, Planned Street Sections /0,/A- "11K _ PA it r \/B L A4 r i E �./P NG o `IV H R , F Won J N T Edgewood F ►tE', Thansporfoan Element' i1T V Of . Federal Way This map is ifended for use as a graphical representsion. 0.5 1 the City of redefw Way makes ,.se,.ra.•0�, ..+,,.,.�..,,.....:-•.... .�d Mies no wsuraray as to d.5 aomracy Revised 2015 III -19 w 0 a t' Ln V1 to 4A p Y � &A r_ m _, a- c o a Ln i O t � i �+ C 9 � � SOI AdawrR N� � r � it Shw10�r f i ry fll�� � Y SMmMR W SIOI�Nt a 0 m LL l0 nTSUj W Vf 0 0 EXP -MIT A PAG8- a __oF 3� �1 0 m m a c c o_ N g u O N O N t V U i c c G a #5 i jk�'ad.Wk nor N fkYllc �J r2p�r� 1 L 1� N �C 'l0 plw L L R Z � R C i[ �1 0 m m a r a N �`- { jy1TSdenatk. ii � � :q -I ►hnlr _ -� 4 1YIIhT I G jL0 ^V. W N 4A 0 V, f- ml i a F-� PAGE 3; � ok - � 3a m SUZANNE ANDERSON US ARMY CORPS/ENGINEERS ATTN REGULATORY BRANCH PO BOX 3755 SEATTLE WA 98124 suzanne.l.anderson _usace.army.mil DEPT OF ECOLOGY SEPA UNIT PO BOX 47703 OLYMPIA WA 98504-7703 separegister(d)-ecy.wa.gov LAURA ARBER (saltwater) WDFW REGION 4 OFFICE 16018 MILL CREEK BLVD MILL CREEK WA 98012-1296 ]aura. arber(�dfw.wa.gov RAMIN PAZOOKI WSDOT SOUTH KING COUNTY PO BOX 330310 SEATTLE WA 98133-9710 ram in.pazooki(a)-wsdot.wa.gov DEPT OF ARCHAEOLOGY & HISTORIC PRESERVATION PO BOX 48343 OLYMPIA WA 98504-8343 sepa(qidahp.wa.gov PS RC GROWTH MANAGEMENT DEPT 1011 WESTERN AVE #500 SEATTLE WA 98104-1040 eharris@psrc.orq MUCKLESHOOT INDIAN TRIBE FISHERIES DIVISION ENVIRONMENTAL REVIEWER 39015 172"D AVE SE AUBURN WA 98092 karen.walter _muckleshoot.nsn.us MASTER BUILDERS ASSOC 335 116TH AVE SE BELLEVUE WA 98004-6407 dhoffman(a)mbaks.com FORTERRA KING COUNTY OFFICE 901 5" AVE STE. 2200 SEATTLE WA 98164 info(o),forterra.org PIERCE CO PLNG & LAND SVCS 2401 S35 TH ST #2 TACOMA WA 98409-7460 adark(a)-co. Pierce. wa.us jj W TEAM US FISH & WILDLIFE SERVCE� R EPT OF COMMERCE 510 DESMOND DR SE #102 a OWTH MGT SERVICES LACEY WA 98503 PO BOX 42525 wfwoctap(d-)fws.gov OLYMPIA WA 98504-2525 revi ewtea m (a) com m ecce . wa . qov NATURAL RESOURCES CVN SVC 941 POWELL AVE SW STE 102 RENTON WA 98057-2115 rob. ryan(g)wa. usda.gov LARRY FISHER (freshwater) WDFW AREA HABITAT BIOLOGIST 1775 12TH AVE NW STE 201 ISSAQUAH WA 98027 larry.fishera-dfw.wa.gov JAMEY TAYLOR DNR SEPA CENTER PO BOX 47015 OLYMPIA WA 98504-7015 sepacenter@dnr.wa.gov DEPT OF FISH AND WILDLIFE PO BOX 43200 OLYMPIA WA 98504-3155 sepadesk(a)dfw.wa.gov ATTN SEPA REVIEW PUGET SOUND CLEAN AIR AGENCY 1904 3RD AVE STE 105 SEATTLE WA 98101-3317 sepa(aD-pscleanair.org LAURA MURPHY TRIBAL ARCHAEOLOGIST MUCKLESHOOT INDIAN TRIBE 39015 172"D AVE SE AUBURN WA 98092 laura.murphy(c-)muckleshoot.nsn.us KING CO TRANSPORTATION 201 S JACKSON ST KSC-TR-0815 SEATTLE WA 98104 harold.taniguchi@kingcounty.gov PORT OF TACOMA ENVIRONMENTAL DEPT PO BOX 1837 TACOMA WA 98401-1837 'iordan@portoftacoma.com PERRY WEINBERG SOUND TRANSIT 401 S JACKSON ST SEATTLE WA 98104-2826 perry.weinberg(a)soundtransit.org WA ST DEPT TRANSPORTATION PO BOX 47300 OLYMPIA WA 98504-7300 hgcustomerservice(a)-wsdot.wa.gov PUGET SOUND PARTNERSHIP 210 11r" AVE SW STE 401 OLYMPIA WA 98504-0900 info(aD-psp.wa.gov WA NATURAL HERITAGE DNR PO BOX 47014 OLYMPIA WA 98504-7014 sepacenter(c0nr.wa.gov WASH ENVIRON COUNCIL 1402 3RD AVE STE 1400 SEATTLE WA 98101-2179 wecOmewrotects.org BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 brandon.revnon(@Puvalluptribe.com DENNIS LEWARCH THP OFFICE SUQUAMISH TRIBE 18490 SUQUAMISH WAY SUQUAMISH WA 98392 dlewarch@_suguamish.nsn.us KING CO ROADS DIVISION COUNTY ROADS ENGINEER 155 MONROE AVE NE RENTON WA 98056 maint.roads(ab_kin.qcounty.gov TINA VASLET PIERCE TRANSIT PO BOX 99070 LAKEWOOD WA 98496-0070 tvaslet@piercetrans it. orq GARY KRIEDT KING COUNTY TRANSIT DIV ENV PLANNING MS KSC-TR-0431 201 S JACKSON ST SEATTLE WA 98104-3856 gary.kriedt(aD-kingcounty.gov SAM PACE SOUTH KING COUNTY EARTHCORPS SEA/KING CO ASSOC/REALTORS REGIONAL WATER ASSOCIATION FRIENDS OF THE HYLEBOS 29839 154TH AVE SE 27224 144TH AVE SE 6310 NE 74TH ST STE 201 E KENT WA 98042-4557 KENT WA 98042 SEATTLE, WA 98115 sam pace(o),concentric. net custom erservice(a).wd111.com info(cD-earthcorps.org EPA DAVID KORTHALS KC DEPT OF ASSESSMENTS ENVIRONMENTAL REVIEW SEC METRO TRANSIT 500 4TH AVE RM 700 1200 6TH AVE MD -126 201 S JACKSON ST KSC-TR-0413 #ADM -AS -0708 SEATTLE WA 98101 SEATTLE WA 98104-3856 SEATTLE WA 98104 epa-seattie�epa.gov david.korthals a( -kingcounty.goy assessor.info(c�kingcounty.gov ksnyder(a)-auburnwa.gov plansreview(a-kingcounty.gov OFFICE DRINKING WATER ATTN NEWSROOM FEDERAL WAY MIRROR ENV PUBLIC HEALTH DIVISION TACOMA NEWS TRIBUNE 31919 1 ST AVE S STE 101 WA DEPT OF HEALTH 1950 S STATE ST FEDERAL WAY WA 98003 deborah.iohnson(c�doh.wa.gov TACOMA WA 98405newstips edito federalwaymirror.com ALGONA WA 98001-8505 c)thenewstribune.com jdodge(@_ci.pacific.wa.us CITY OF DES MOINES CHASE WAKEFIELD (SALEM LAND) STEVE FRIDDLE 21630 11 TH AVE S BP OLYMPIC PIPE LINE CITY OF FIFE DES MOINES WA 98198 600 SW 39TH ST 5411 23RD STE dlath rop(a-),desmoineswa.gov RENTON WA 98057 FIFE WA 98424 chase.wakefield(cbp.com sfriddlesol-cityoffife.org JAMES IRISH KENT HALE MIKE BULZOMI SOUND TRANSIT SOUND TRANSIT SOUND TRANSIT james.irish@soundtransit.org kent,hale&soundtransit.orrc mike.bulzomi@soundtransit.org KATY GIBBS [USTs] DEPT OF ECOLOGY / HAZARDOUS CHAR NAYLOR WASTE & TOXICS REDUCTION ASSISTANT HABITAT DIRECTOR 3190 160t' AVE SE WATER QUALITY PROGRAM MGR BELLEVUE WA 98008-5452 char. naylor(aD-puyalluptribe-nsn.com katy.gibbs(c)-ecy.wa.gov BRIAN ASBURY SOUTH KING FIRE & RESCUE FW CHAMBER OF COMMERCE LAKEHAVEN UTILITY DIST 31617 1 ST AVE S PO BOX 3440 PO BOX 4249 FEDERAL WAY WA 98003 FEDERAL WAY WA 98063 FEDERAL WAY WA 98063 chris.cahan(a)southkingfire.org rmartin(d_)federalwaychamber.com basbury(ra)-lakehaven.org CITY OF TACOMA SUE TIMM 747 MARKET CITY OF AUBURN CITY OF MILTON TACOMA WA 98402-3769 9 25 W MAIN ST 1000 LAUREL ST itzkfci.tacoma.wa.us AUBURN WA 98001 MILTON WA 98354 jmagoon@cityoftacoma.org mag ksnyder(a)-auburnwa.gov stimm(a)cityofmilton.net bport(a-)_cityofm Ilton. net CITY OF PACIFIC ALGONA CITY HALL CITY OF BURIEN BUILDING & PLANNING 415 SW 150TH ST 100 THIRD AVE SE 402 WARDE ST BURIEN WA 98166-1957 PACIFIC WA 98047 ALGONA WA 98001-8505 chipd(a-)burienwa.gov jdodge(@_ci.pacific.wa.us kerif(c�algonawa.gov SusanC(d)-burienwa.gov JENNIFER WOJCIECHOWSKI CITY OF KENT CITY OF EDGEWOOD FWPS ECON & COMMUNITY DEV 2224 104TH AVE E 33330 8TH AVE S 400 W GOWE ST STE 300 EDGEWOOD WA 98372-1513 FEDERAL WAY WA 98003 KENT WA 98032 cityhallCa)_cityofedgewood.org iwoiciec(a)_fwps.org plan ningCo)-kentwa.gov darren(a)cityofedgewood.org CITY OF DES MOINES CHASE WAKEFIELD (SALEM LAND) STEVE FRIDDLE 21630 11 TH AVE S BP OLYMPIC PIPE LINE CITY OF FIFE DES MOINES WA 98198 600 SW 39TH ST 5411 23RD STE dlath rop(a-),desmoineswa.gov RENTON WA 98057 FIFE WA 98424 chase.wakefield(cbp.com sfriddlesol-cityoffife.org JAMES IRISH KENT HALE MIKE BULZOMI SOUND TRANSIT SOUND TRANSIT SOUND TRANSIT james.irish@soundtransit.org kent,hale&soundtransit.orrc mike.bulzomi@soundtransit.org KATY GIBBS [USTs] DEPT OF ECOLOGY / HAZARDOUS CHAR NAYLOR WASTE & TOXICS REDUCTION ASSISTANT HABITAT DIRECTOR 3190 160t' AVE SE WATER QUALITY PROGRAM MGR BELLEVUE WA 98008-5452 char. naylor(aD-puyalluptribe-nsn.com katy.gibbs(c)-ecy.wa.gov NE TAC NEIGHBORHOOD COUNCIL 747 MARKET ST RM 900 TACOMA WA 98402-3793 CENTURY LINK COMMUNICATIONS 23315 66TH AVE S KENT WA 98032 JERRY STEELE BPA TER 3 WA DEPT OF NATURAL RESOURCE COMCAST CABLE COMM 28401 COVINGTON WAY SE PQ BOX 47015 4020 AUBURN WAY N KENT WA 98042 OLYMPIA WA 98504 AUBURN WA 98002-1315 OSP ENGINEERING WA/OR/N. ID KRISTI KYLE AT&T CABLE MAINTENANCE LAND USE SVC KCDDES PSE REGIONAL STRUCTURE 11241 WILLOWS RD NE STE 130 35030 SE DOUGLAS - 210 PO BOX 97034 REDMOND WA 98052-1009 SNOQUALMIE WA 9800 65-9266 BELLEVUE WA 98009-9734 'o N >' C� N C � � (n m m � E N H a >.a)o LLmw 7aU i> � N�� LO o o� C U o 3:cy > O N U) co co oar r V CL r ni M' � rn � 5Y E (� a) `'= U p cN0 o L �c� N V �� a) rn cn m v� > N c0aa to LL Q U) E c a� x.�IS LL� E m O. i' O ++ W Co m L m a� ' c O E U (n m (n m co (n N `° c� u LL m T Ln CL O ¢ co o Q E 6.c:2) E c m E •� ++ > N 'N U O O (n J zorn �Z f N S c • � w ^O ai ^ Gj N q q 7ZZYY .. c - O N � c c (� O T ' SUN T w a) 9 9999 _7 N m Rf JL O _ , c f/i cc = T c m LL P> U, ( - r: a) a(n �. c , w U N �i Q Cf) U)� �_ aD � 0 > C .y E N v _cn W N 0C O ` 0 (� L �p cn mLL w r 4--- Q Q N —, Z 0 00 W 0- o o Ecu ' o a� O U r N C) 'd �O T 'p Li � LO > W 0 co w u LL. Co >. a. �, T) +_ O o ) .g U L) J �( N \L L C F— f0 ;c O N N P G N S E N �SN O U N N CD O N' M _o Q ) U L) SL ov 2 ti b Y MILTON ROAD AREA LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT AND REZONE Date Event 2017 COMPREHENSIVE PLAN AMENDMENTS SELECTION PROCESS June 21, 2017 Planning Commission Briefing EXHIBIT I_Ai� � ­ - • Six citizens in the Milton Road area submitted applications for comprehensive plan amendments for the 2017 Comprehensive Plan Amendment Cycle. • Mark Johnson, Pam Otteson, Rick Beard, and Visnou Dararak requested a change from Single Family Medium Density Residential, RS 35.0 (one unit per 35,000 square feet) to Single Family High Density Residential RS 7.2, (one unit per 7,200 square feet). Larry Neether and Arnie Ellingson requested a change from Single Family Medium Density Residential, RS 35.0 (one unit per 35,000 square feet) to Single Family High Density Residential RS 5.0, (one unit per 5,000 square feet). July 10, 2017 Selection Process to LUTC. July 18, 2017 Selection Process to City Council. At the end of the public hearing, the City Council gave staff direction to contact the other property owners with RS 35.0 zoning to find out whether they would like to join in with the six requests. September 8, 2017 Staff notified the other 11 property owners in writing and gave them until September 29, 2017, to respond. No one responded by the deadline. 2017 COMPREHENSIVE PLAN AMENDMENTS FORMAL REVIEW PROCESS September 28, 2017 The six requests were presented to the Development Review Committee (DRC). October 4, 2017 Public Notice sent to the paper for SEPA and Planning Commission Public Hearing. October 5, 2017 Sites posted for SEPA and Planning Commission Public Hearing. October 5, 2017 Public notice boards posted for SEPA and Planning Commission Public Hearing. October 6, 2017 The 300 foot notification for SEPA and Planning Commission Public Hearing. October 6, 2017 Notice for SEPA and Notice of Planning Commission Public Hearing published in the Mirror. Week of October 8, 2017 Three property owners indicated an interest in joining in with the requests. October 20, 2017 The 14 -day comment period ends. October 25, 2017 Planning Commission Public Hearing. The Planning Commission concurred with the Mayor's recommendation of denial of all six requests on the basis that approval could be construed as spot zoning and would not be consistent with housing -related goals and policies in the comprehensive plan. However, if all of the parcels designated Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) were to apply in the future, or if the city were to initiate a legislative rezone for all properties in this area, the Mayor would likely recommend approval of a request for higher density to be determined upon further analysis. November 3, 2017 The 21 -day appeal period, ends. December 4, 2017 LUTC Meeting. The LUTC concurred with the Planning Commission's recommendation. January 2, 2018 City Council 1" Reading. The Council voted to table the request and send it back to the Planning Commission as a legislative comprehensive plan amendment and rezone for all of the RS 35.0 zoned parcels in this area. K:\Comprehensive Plan\2018 Comprehensive Plan Amendments\Planning Commission\Milton Road Rezone Timeline.docx Date Event 2018 COMPREHENSIVE PLAN AMENDMENTS FORMAL REVIEW PROCESS -- CONTINUED January 4, 2019 Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA). January 18, 2019 End of SEPA comment period. February 6, 2019 Planning Commission Study Session. February 8, 2019 End of SEPA appeal period. February 20, 2019 Planning Commission Public Hearing. K:\Comprehensive P1an\2018 Comprehensive Plan Amendments\Planning Commission\Nlilton Road Rezone Timeline.docx Z_ U a Q) a) Z m c o LL c a) U) cn 0 rn `� E �.� � Z Z c - (n Q) Q = c 2 10:° CM +T Q a) m O Z N� ca O a) W (n N cc o— �� t t > En N RS m co rn N De W W m ,c o CL U (D i� Q w 0) m W V U Y N c — a) " Q. L N U � U v 2 � W N N a) c v� o 04 c .- Q O N 2 D- W U g Y > v U> �T��j a s E ccco � o Z m W U 0 -En (D a `� N m 1�"1 0 O rn a) c0 Fn W W —J N N U 0) .c LIL U m o •a N m W 0 � J W � = -j � 2 J -i w p -�--i = Q az a) ol Q,E c mvi L. ai.m> ' E u) UC vi co C* r C a7 N tr cc P Lc; S US Nolo � U) s� Q th N Cc �U) cn LO CJ E 'p U) _ to to C/) r . w m ^-. d Q m U U S 0& *0 m O U U ,t •a cn N Cf) mm o > a� a, oLL L d C ate+ cr U00 o c � co E ami rn m> N LL ° m LL 'N Q c x E CL a)� � coo O Co (n Q '` t p vp N p 0)Oco c in in N Q _c o m .E (� p O U) J z m Z u w- N ~ .y Lakehaven EXHIBIT MATTP A, iFVVCQ fl)';TQlrT FWCP - Chapter Three, Transportation EXHIBIT City of Map III - 4 �*S Federal Way ° Cross Section Application by Street ZN Comprehensive Plan ....w.we..+..rm.. Fede i v a Way trr� 'TU _. •. a's. � ' � �t � • 1 ' � E Legend ' Planned Street Sections A \/B L C. /M a ✓' Q /V G 4 H R ,/J 4T Des Moil wa W P A 1 4. s • PA A 44,\ � 1 ti Won Fife 1 Edgewood Transportation Element tit Y 0! Federal Way This map is intended for use aak: " as a graphical representation. a os 1 The City of Federal Way makes ,.now..eola uva..ln..w.."wsrcro.. y.ua W.—d Mies no warranty as to its accuracy - Revised 2015 III -19 N Q _LO R O CL O tA p V- u Y + c N a- C C Ln O u + c N a i _ LL ja r-, �d 9N m i sol Sidea�c 9 ! V W1 m i' ShaJd�r ca V m c 1 1 J-2 ,o .d 'sr Shadda � f N O n _LO R Ln C 0 r 47 4A Ln O u c C Y -i fp N n- 1-- C 0 Ln N O U u C ++ J N + rn i4) Y iA 51d~k in S;,d."k --' ;4. pl-W Al d pp �5 ry Shouldu ro_l_0 O 5 IV ;D QQ N O G I ry CV Shaaddar to toPlaa I in 9dawalk in 5W—lk 0 LL c 0 �V1 W N AAN 0 I— V A 0 cc LO a n� 0 cc EL --I C O v1 O U a coo H �- + > C O t V) eN p V c ,+�_� J cV + � m LL C- 1. in in Sde�wlk in %dlwwk a N 03 5 to W mLimn N O Ln in Sdwaik i N 9dr"k . n O V ry ra O CC LO LO ZD N co 0 - 0 Ln in Ln V 0 - 0 Ln tA 0 - -j r-4 + LL l yl LM Sidewalk 16D o25 ev -A O c 60 S',dmWk 0 L- u 0 cc_ Mw, JN. s.cl.nts :Y I City of Map IX - I EHI� . Federal Way�•� Comprehensive Plan Aquifers Des Kent Moine Edger Sound r 5 28aor, St � 3 i Federal �V �.. eau , --. .: CITT ❑F ,.� Why . ..u-ctr.9'� .:Wd.•nlaa ac ' SW 320th 51 s oen It a+ d dl 5 I Au l_ � rn N a- G- J fv. \, SWC�h 4G � il�lb �t Tacoma `� 8 W 15F,tA 3PAA MY Legend. City Limits jo Potentia( Annexation Area 3 - Aquifers y OW Deep Aquifer °- a OW Eastern Upland Aquifer M Mirror Lake Aquifer Redondo/Mifton Channel Aquifer Fife j Milton Edgewood Natural EEnvfronment Element This reap is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. CITT ❑F ,.� Fede ra l Way . ..u-ctr.9'� .:Wd.•nlaa �-.. .-,-�,rt... w.v �,.�...-.a Mlles Natural EEnvfronment Element This reap is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. EXHIBIT Yep LMb. swpYfrtt Cky of Map IX. - 2 UO�"•,' ConipFederr hen Aquifers & Wellhead Capture Zones `'""""""* ' Camprehensive Plan Des Moine G" Kent s at u. at P SW 3 K.% 51 S at 8 Au _ • u�r N N _ a"C^ft s1306st • !�%► Tacoma f spar sl P44itton + Edgewood CITY I Sw 35" a a `...... Miles Ls� 1 Legend 9 o Ski pmt: Wellhead Capture Zones B 0 Potents Mrexatlm Mea 5 4ortln 9 Oa ulfffe t Year I' Oeep,4,wfer 3 rear n Ewtem U wYJ .AAut+er 10 year iAW Kror L31t Alu'e, 100 year i Re0andaM14pr --hsme: Aat,ne' r f,.. P44itton + Edgewood 111 Natural Environment Element This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. CITY I Federal flay `...... Miles 111 Natural Environment Element This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. Map IX - 3M.? , Crty of EXHIBEr' Federal Way Areas Susceptible to 3A Comprehensive Plan Groundwater Contamination This map compiles erstlog gcadgc, SWS ad dept' b grorandi�ater initxrriaoon b e�'rvte VW bcadon of areas rtme tmnb"ratbn may readtt/ -An graurdrraoer_ Ift pure= is W Cies mmmrn:cate V* apprdtlma1e [oamon arta alas exrnd at geoiogfc cat Mkm in the gfeaW Fedmi Ihay ar®farrdraa e ta me tntmducdm rl carbminwes td gmutdMater. M: map We, Moines M depict squr"e{ recharge amas.:t is kvkrckd tar piamkg purposes ony and is rot guarameed b EOM a¢uwate Inftonrnntcm Land use deciskm snduid be baud an sh--Apec?k data. .Fuzed Sound v}` SW 3201b Sr 'IG Tacoma S A, F,,-'-Federal ,d gal Way srt; 3t2t1; at itw i2Mh 5 32Yd1 St � m � " d � Federal E 3 324th Et d. SN' Cant ` 5 336tt 5e br i O1 � 3�tr~ St s*L344 si CITY 11 '..... Federal lay icat: 7 C.5 t Miles a Kent 5 288x1, sr Federal MY PA.A. FLUS war PAA. s Edgewood AI_IF1 Natural Environment Element This map is intended far use as a graphical representation. The City of Federal Way makes no warranty as to Its accuracy- f Al � Legend , y= City Limits 9 = Potential Annex3tion Area a Groundwater Contamination Susceptibility: r Low Susceptbility 9 Medium Suscept>iblity ff Hgh Susceptibility _ fLj Fife CITY 11 '..... Federal lay icat: 7 C.5 t Miles a Kent 5 288x1, sr Federal MY PA.A. FLUS war PAA. s Edgewood AI_IF1 Natural Environment Element This map is intended far use as a graphical representation. The City of Federal Way makes no warranty as to Its accuracy- EXHIBIT City I»: Map VI -4 Federal Way Major Parks and Open Spaces Comprehensive Flan J p p Des Moires.,,. ( { V- : if e, -9Yv .V / :Ai -,-1. '.1111 cr•A.> F��dr a Federal Po78 tty �a�oy e]...ap.r WaV pics Pult 'S ;04th -s- -wee., ;uaa: / Jt3 — - i-�:iitS!'tl Si FciiKSi roan s �so=r Way Nl2?th 31 _ _ _ _ S 320eti ,j t i 4'S{BOr]t10 parkpie Paniner g. a Park lake Open R .N: Spare Sagh¢Ite - -- I�.,i74rh 3 l.. ,. Pj]rt: I. 1 a Sr = UM5 GanSY] I pan Pa� F-ede,aj utn PAA Countyy 9]NTtalAa � o. a ' A V �alrl( Mt r I e parr. Legend © If City Limits Federal Way Potential Annexation Area City, State and County Parks u Open Space _ C CITY Or ftk�- Federal Way a D.5 _omC�a^,�]Ii UtWrte•Cac :] carrcz_,-led &I les (1 . Mi6m Capital Facilities Element This map is intended for use as a graphical representation. The City of Federal ',Nay makes no warranty as to its accuracy. Tina P f2 From: Genipher Owens <owens@workerlaw.com> Sent: Thursday, January 10, 2019 1:28 PM To: Margaret Clark Subject: RE:: Site Specific Requests for Zoning Changes - Milton Rd. S and Regency Woods Div. 2 Thank you very much, Ms. Clark for the information and the voicemail. I will reach out to Mr. Perez with any traffic related questions and review the checklist you attached. Very best, Genipher From: Margaret Clark [mailto•Margaret Clark(aIcityoffederalway.com] Sent: Thursday, January 10, 2019 12:24 PM To: Genipher Owens Subject: RE: Site Specific Requests for Zoning Changes - Milton Rd. S and Regency Woods Div. 2 Good afternoon Genipher, Please find attached an environmental checklist. if you have questions on traffic, you can call Traffic Engineer Rick Perez at 253-835-2740. Transportation is discussed on pages 16-18 and note the response to Question 15 on page 18 about no response from the School District. Margaret H. Clark, AICP Principal Planner _;!!S� Fe-deral Way 333258 Ih Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2646 Fax: 253/835-2609 www.citvoffederalway.com From: Genipher Owens [mailto:owens(abworkerlaw.com] Sent: Thursday, January 10, 2019 11:36 AM To: Margaret Clark Subject: Site Specific Requests for Zoning Changes - Milton Rd. S and Regency Woods Div. 2 Good morning, Ms. Clark: I received notice in the mail to my home address at 37313 17th Ave. S. of the City's intent to rezone the above referenced area from a Single Family Medium -Density Residential to a Single Family High Density Residential. I am curious how this rezoning will impact public school enrollment and assignment, and what the City intends to do to manage the increase in traffic resulting from the rezoning, and if that plan (if any), considers the already problematic Wild Waves patron traffic throughout the year. Any information you can provide would be greatly appreciate. Sincerely, B A R N A R D ENIPHER OWENS I Senior Paralegal I G L I T Z I N& DIR: 206.257.6018 1 FAX: 206.378.4132 L A V I T T LLP 18 West Mercer Street, Suite 400, Seattle, WA 98119 This communication is intended for a specific recipient and may be protected by the attorney-client and work -product privilege. If you receive this message in error., please permanently delete it and notify the sender. Tina Piety From: TRAVIS GEVING <tgeving@comcast.net> Sent: Saturday, January 12, 2019 9:58 PM To: Margaret Clark Subject: Rezoning project on Milton Road Hi Margaret, I am writing to voice my concern regarding the signage posted in our neighborhood (Brittany Lane/Regency Woods) referencing the rezoning of land for high density homes. My main concern about the rezoning is planning to "Punch through" 19th Way to connect to Milton Road. This is completely unnecessary and would create an adverse effect on the housing developments of Regency Woods and Brittany Lane by having to burden the predicted 4 to 5 times more traffic in our neighborhoods as of a result of connecting 19th Way to Milton Road. The homeowners on 19th Way would be dealing with 45 mph traffic racing through their neighborhoods as the excess traffic are off to work or on their way home in a 25 MPH zone. Not to mention the high amount of dump trucks which will tear up our roads. If this poor decision to punch through the road is done, the city owes the neighborhoods some good will. The city will need to install speed bumps on 19th Way to discourage people from using it as a shortcut to HWY 161. The city will need to increase police patrol in our neighborhood as the increased traffic will definitely increase the speeds and will also need police to patrol the private park. The new homes built on the rezoned land will have direct access to Milton Road and cut through access to highway 99 and there is no reason to use the 25 year established neighborhoods with a private park on 19th as their personal drag strip. By punching through the road our now private residential park will be on a main street which will make the park less safe for children and harder to monitor the restricted access to the park. THis will also will increase the vandalism and of course drug use. Building homes is one thing, but there is NO reason to punch the road through. Above is my major concern as outlined, and as a 20 year resident of Federal Way, the city's vision and planning is having other major effects on the quality of life in our city. I will outline a few of the issues we are having as a city as a result of the decisions being made by our leaders. Is it the city's job to cram as many people as possible into the city limits? Enough is enough!!! It takes 30 minutes to get from one side of FW to the other due to the awful amount of traffic in our city. Stop cramming more people into tight spots. Park 16, the monstrosity across from Safeway on 320th, and now the new complex off military on 320th ..... holy smokes, what is the benefit we get as a city for this ..... my guess is we get subsidized $$ from Seattle to take their low rent projects and move south so they can tear theirs down and build upon their city's infrastructure..I say keep the money, we don't need the headache that comes with it. Have you heard of public education? Many people decide to live where the schools have great reputation. Well, strike two Federal Way.. .1 know of more and more people leaving the school district because of the low quality of teachers. Many of our best have left not willing to teach in our district because of the lower pay and the 'crap' they have to deal with. Have you heard, I read it in the Mirror monthly. THE SCHOOLS ARE OVERCROWDEDIIIIIIIIIIII So let's build a new 250 unit condo off Military and all the students will go to Lake Dolloff..... real smart planning.... NOT. Why don't you ask the former Principal at Rainier View Elementary what building Park 16 did for the culture and climate of that school. Overcrowded, teachers leaving, what happened at that school is unconscionable. And now you want to rezone the land on Milton Road so you can send more kids to an already overcrowded Rainier View Elementary. Have you been to that school lately? They have portables in the front of the school and on the play ground. Sequoyah and Todd Beamer High School have gone down hill drastically as well since Park 16 was built. 1 have spoke with many businesses in the region, Fred Meyer and Safeway on 320th, increased crime. Go talk to them. The chevron near 356th has a sign on the door, no backpacks in the store. Other small businesses on Pac Hwy are seeing increased begging and crime. I don't even want to send my kid to the movies on a Friday night .... Go to Mod Pizza one evening and see if you get asked for money on the way in or out to your car, I'm 9 out of 10 times having that happen to me. So, rather than shop in FW the residents -go to South hill or the Outlet Collection in Auburn, bye bye $$$$ and business. Not good for the city. Our little league was sent an e-mail from the city last year about bathroom use at Celebration Park, don't let your kids use the bathroom with out an adult because of the vagrancy and drug use. Thank you for letting us know, that was kind and when you grow up in Federal Way it is the new normal for raising your kids. It is a good practice anyway. But how pathetic and sad. But, let's keep stacking people upon each other and then wonder why we can't get businesses to open up shop in FW. Lets spend our money on improving what we have and not spend it on rezoning so we can cram more people, more crime, more traffic into our city while we drive out businesses. Have you driven down Milton Road on a Friday at 5:OOpm? Why don't you look at the traffic. If you have a plan in place to fix the traffic problem that we already have and to fix the traffic that 250 more homes will bring then I'm ok with you rezoning. But to punch through 19th Way that will lead to Milton Road isn't helping anybody. If this happens, then you will need to make sure the road is fixed (currently, sink holes already in front of the park), and you will be receiving phone calls to the police department every time I see a speeding car or someone at our park that doesn't belong. This is a SAFETY issue, so be prepared? Thank you, Tina Geving Tina From: Brett -Comcast <brett.thomas@comcast. net> Sent: Sunday, January 13, 2019 1:22 PM To: Margaret Clark Subject: Opposed to Milton Road Rezone Files 18 -105523 -SE and 18 -104618 -UP Hello, We are opposed to this rezone as it will negatively impact surrounding neighborhoods inside and outside the City limits. We live in Regency Woods, work in Tacoma, and frequently commute to and from work via Milton Road/5th Ave via Pacific Hwy and Porter Way. During the afternoon/evening commute, Milton Way/51h Ave is severely backed up from Porter Way with southbound commuters avoiding 1-5 South. This backup continues between Porter Way and the traffic light at Pacific Highway. No doubt Waze and other GPS applications route commuters this way. This situation already creates an increased safety hazard, noise and inconvenience for people living in the homes between Porter Way and S 376th. I am especially concerned about children and the elderly walking in this area, and people bicycling on this road. Increased density along Milton Way within the City limits north of S 376th will exacerbate the problem. While it has been planned for some time, connecting S 376th between Milton Road and the Brittany Lane/Regency Woods developments will also negatively impact surrounding neighborhoods. It will create another alternate north / south route from Enchanted Parkway via 191h Way S through to Milton Road/5th Ave. While this may be convenient for my commute, it will negatively impact the families living in the homes along and around 19th Way, and further exacerbate the traffic -related problems described above for families along Milton Road/5th Ave. In the "Waze Age", people will be routed this way. Therefore, we oppose this change to the comprehensive plan. Thank you for your consideration, Respectfully, Brett & Pam Thomas 3710822 nd Ave S Federal Way, WA 98003 Tina From: MIKE & CONNIE <seattlebest@msn.com> Sent: Sunday, January 13, 2019 6:03 PM To: Margaret Clark Subject: Rezone the area south of S. 369th (Wild Waves) and North of S. 376th Street ... I VOTE NO!!! Hello M. Clark, My name is Connie Czerwonka. I live at 1605 S. 369th St. Federal Way. My husband Mike and l have lived here since 1995. We have had our cars broken into and our house broken into with a lot of jewelry stolen in that time. I'm afraid if the area gets rezoned to allow multi families the problem will get much worse. I am concerned with the traffic. It's already bad, and the rezone will make it worse. Our former neighbors have complained about exhaust fumes from 15. Imagine how bad traffic will get when Wild Waves is open for the summer and you've increased the number of homes or apartments along Milton Rd. Wild Waves has already made the papers for traffic gridlock. Commuters are already using Milton Rd. as a detour to go around the Fife back up. If 19th way is extended to a through road it will get even worse with people using the short cut in order to go around traffic. Not to mention the local tot lot park is right on that route. We certainly don't want anything to happen to our children. If 19th way is extended Lloyds gravel trucks will use it and pass through our neighborhood on their way to Enchanted Parkway as a shortcut. Our neighborhood streets are not built for commercial traffic. I also can't see speed limits going up in a residential area like this ... not good. This entire proposal is a terrible idea and I will definitely be voting against it! If it is passed we are certainly going to be looking elsewhere to live. Margaret Clark 50 From: Chris Givens <chrisgivens@outlook.com> Sent: Monday, January 14, 2019 5:58 AM To: Margaret Clark Subject: Proposed Rezone of Area South of S 369th (Wild Waves) and North of S 376th Street I might be wrong but as I understand it about 12 or so years ago WSDOT proposed a new 1-5 exit at S 375th St which both Milton and Federal Way worked together to block. Even if my understanding is incorrect that exit should be part of the traffic mitigation requirements for the proposed rezoning. Thank you, Chris Givens 425-766-8372 Margaret Clark From: DAVID BLAKE <blakej5887@comcast.net> Sent: Monday, January 14, 2019 6:26 AM To: Margaret Clark Subject: Rezoning Impacting 19th Way S We are totally opposed to making 19th Way S. between Brittany Lane and Regency Lane a thru street. We already have semis parking overnight on 19th Way S near Wild Waves. Traffic drives too fast down the hill of 19th Way S. and that is people coming into the neighborhood.You will cause a severe safety problem if this is a thru street. Traffic is so horrible in FW already and you continue to make it worse by changes made that don't improve driving conditions. It is no wonder many of us are considering getting out! Dave and Judy Blake, Regency Woods residents Margaret Clark From: Moses, Kym <moses@wscd.com> Sent: Monday, January 14, 2019 7:10 AM To: Margaret Clark Subject: Rezoning for 26 parcels in the Milton Road area east of I-5 From Single Family Medium Density Residential to Single Family High Density Residential. Ms. Clark, I live in the Brittany Lane neighborhood and have seen the postings and received a letter regarding this developmental plan. I have seen several concerns have already been raised, but at this point, I will reserve my comments or concerns until I hear further from you. Would you please explain what the difference will be? Is a developer planning to put in apartments and condos or more single family homes? The information received thus far seems very unclear. Since all comments must be received by January 18th, 2019, your prompt response would be appreciated. Thank you! Kym & Scott Moses Margaret Clark 90 From: Mark SPAUR <spaur@comcast.net> Sent: Monday, January 14, 2019 1:35 PM . To: Margaret Clark Cc: rvond@comcast.net; Suzanne quachang Subject: Re: Traffic Analysis Margaret - The draft traffic analysis assumes that 19th Way is extended through S. 376th Street to the Milton Road. This is not acceptable for several reasons: 1. 19th Way will become a "minor collector" and traffic will undoubtedly increase on 19th Way. There is a community park on this road with a posted speed limit of 20 MPH. These slow speeds are incompatible with being a minor collector. People will not drive at the reduced speed and create a safety risk for children playing a the community park. 2. The road extension would require crossing through the vonDoenhoff property (parcel # 322104- 9063). The easement required for this extension on their property no longer exists. 3. The proposed route would take the road through a designated wetland. Question - can the City of Federal Way increase the density in the proposed area without this road extension and still meet the level of service (LOS) goals for traffic in the area? Page 15 of the draft impact statement states: 4. Additional traffic generated due to rezoning from RS35.0 to RS5.0 single family homes would not adversely impact forecast 2040 traffic conditions. 5. S 376th Street is a Minor Collector which will be a Type S street and extended to the stub from Regency Woods Subdivision, Milton Road S is a Principal Collector and will be reclassified as a Type K street from a Type P as a part of the rezoning. Traffic at the intersection of the Milton road and the Enchanted Parkway are already intolerable when Wild Waves is operating. I don't see how the additional homes in the rezoned area would not have an adverse impact to traffic conditions. Extending S. 376th Street to the stub in Regency Woods would make 19th Way a minor collector and increase traffic in the subdivision to an unacceptable level. Mark Spaur 37611 17th Pl. S. Federal Way, WA 98003 On January 10, 2019 at 5:57 PM Margaret Clark <Margaret Clarkcityoffederalway.com> wrote: Can be found here: https•//www cityoffederalway.com/node/3367 Margaret H. Clark, AICP Principal Planner 11"1w Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2646 Fax: 253/835-2609 www.cityoffederalwqy.com 0 Margaret Clark From: Mark SPAUR <spaur@comcast.net> Sent: Monday, January 14, 2019 1:55 PM To: Margaret Clark Cc: suzanne quachang; rvond@comcast.net Subject: Corrections to the SEPA checklist for the Milton Road Rezone Margaret - I would like to suggest the following changes to the SEPA checklist: 1. Please change Section B 4) response to "These are non -project actions. However, if future subdivision of the area is proposed, additional environmental studies to analyze impacts on the surface water withdrawals or diversions would be required." 2. Please change Section B 6) response to "These are non -project actions. However, if future subdivision of the area is proposed, additional environmental studies to analyze impacts of waste materials to surface waters would be required." Thanks for your consideration. Mark Spaur 37611 17th PI S. Federal Way, WA 98003 Roger and Jayne vonDoenhoff 1414 S. 376" St. Federal Way, WA 98003-7506 RE: Milton Road Legislative Comprehensive Plan Amendment and Rezone: File #s 18 -105523 -SE & 18 -104618 -UP January 14, 2019 TO: Mayor Jim Ferrell Lydia Assefa-Dawson Jesse E. Johnson Susan Honda Hoang V. Tran Mark Koppang Martin A. Moore Dini Duclos , Robert "Doc" Hansen, Planning Manager Margaret Clark, Principal Planner Dear Mayor, Council, and Planning Department: We live on a 20 -acre parcel at the south end of the proposed re -zone area (north half is property #20 on your map, parcel # 322104-9063), and we are OPPOSED to having this area up -zoned. This is probably no surprise to most of you, as we have spoken out repeatedly in the past. We are speaking as residents who hope to stay here in Federal Way, on this property, after the upzone and any resulting development (as opposed to being absentee landowners, or residents who pian to sell their property and move away). It's wonderful to have a VARIETY of densities in Federal Way, and in particular to have this quiet, peaceful, low-density area with trees and some wildlife. The Comprehensive Plan and the amendment process should not amount to "allow high density everywhere". Spring Valley should remain relatively low density to protect the ecologically sensitive area that it is, including the Hylebos, the wetlands, and the character of the area for the residents. We feel that the Federal Way Comprehensive Plan should draw distinctions between environmentally sensitive areas, where development density should be limited, and less sensitive areas where higher densities could potentially be permitted. The current Comprehensive Plan (Introduction and Section 2.7) identifies Spring Valley as one of two highly sensitive areas that should be limited to Suburban Estates zoning (1 house per 5 acres). Obviously, the current zoning in this area of RS35.0 exceeds that density, and the area is not currently built out to anywhere near RS35.0. What is being proposed would be a HUGE change to what currently exists here, let alone to what is recommended in those sections of the current Comprehensive Plan. We don't like the idea of turning all of Federal Way into high-density residential, all looking pretty much the same. More importantly, we see many problems arriving with the huge increase in density that is being proposed, with traffic being the prime example. There are already huge backups every weekday at rush hour at the corner of 5th Avenue and Porter — although this intersection is not technically in Federal Way, it has a big impact on the full length of Milton Road South / 5th Avenue and backs up into the proposed rezone area. Wild Waves traffic also creates huge backups at certain times of day during the summer months and other times of year. The potential addition of approximately 318 or 467 new residences in this area with the associated vehicles would create an unbelievable traffic problem. In addition, there are dangerous curves in Milton Road South toward the north end of the proposed rezone area. The City's traffic analysis assumes that S. 376th St. can be "punched through" the middle of our 20 -acre property to mitigate some of this problem. There are several reasons why this is not feasible: 1) The City and County no longer have a Right -of -Way through our property to punch the road through, it was vacated in 2015 — see enclosed (for paper copies) or attached (for electronic copies) Stipulated Judgment. 2) Punching the road through would cut our 20 -acre property in half, making the south half essentially unusable for us. 3) The assumed road would run about 20 feet from the south wall of our house, making our home and yard unlivable. 4) The assumed road would run through the middle of the wetland on the east edge of our property. 5) The assumed road would route large amounts of traffic right next to a children's playground and through the Regency Woods and Brittany Lane developments, which are currently very quiet neighborhoods, and those residents vehemently object to such a dangerous change. it would also route that same traffic right past the Meridian at Stone Creek assisted living center, where many elderly people walk. We sincerely hope that you will vote against this proposed change to the zoning in our area. This would still allow the potential for the area to be built out to the current zoning limit of RS35.0, with the potential addition of approximately 49 new residences. However, in spite of all the concerns we have cited above, having watched the process to date, we are concerned that it may already be a foregone conclusion that this area will be up -zoned. With several landowners in favor of it for economic reasons, and with the pressures on the Council and the Planning Division to accommodate population increases, it seems as though it's considered inevitable for all areas to migrate to higher densities in spite of all other considerations. If that is the case, we URGE you to PLEASE consider up -zoning this area only to an RS15 designation, rather than the RS7.2 or even RS5.0 designation that is currently under consideration. Increasing the number of residences from 21 to potentially 339 or even 488 would be such a huge increase that it will overwhelm us in many ways. A designation of RS15 will still allow approximately 141 new houses to be added, and will still result in large traffic and other problems, but at least it will be slightly more manageable and a slightly more tolerable. Thank you for the opportunity to comment. Roger and Jayne vonDoenhoff 1414S.376 1h St. Property #20, Parcel # 322104-9063 Name & Return Address: JANE KOLER 6659 Kimball Dr., Suite B-201 Gig Harbor, WA 98335 Please print legibly or tvne information. 605000116 LAND USE & PRO J 81.00 PAGE -001 OF 010 06/05/2015 10:32 KING COUNTY, WA Document Title(s) STIPULATED JUDGMENT/ORDER QUIETING TITLE Grantor(s) KING COUNTY WASHINGTON Additional Names on Page of Document Grantee(s) S. Jayne vonDoenhoff, Donna S. Best, Joanne E. Jones, Sandra J. Kramer, and Terri A. Miller Additional Names on Page of Document Legal Description (Abbreviated: i.e., lot, block & subdivision name or number OR section/township/range and quarter/quarter section) Section 32, Township 21 N, Range 4 East, Willamette Meridian Complete Legal Description on Page 6 of Document Auditor's Reference Number(s) Assessor's Property Tax Parcel/Account Number(s) 322104-9063 and 322104-9162 The Auditor/Recorder will rely on the information provided on this cover sheet. The Staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party (Required for non-standard recordings only) Gpeovst.doc rev 4/02 HONORABLE TANYA THORP IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING ROGER vonDOENHOFF, a married man, and S. JAYNE vonDOENHOFF, a married woman, and their marital community, DONNA S. BEST, a single woman, JOANNE E. JONES, a married woman as her separate property, SANDRA J. KRAMER, a married woman as her separate property, and TERRI A. MILLER, a married woman as her separate property, Plaintiffs, V. KING COUNTY WASHINGTON, a municipal corporation formed under the laws of Washington State, Defendants. No. 14.2-327072 KNT STIPULATED JUDGMENT AND ORDER QUIETING TITLE [CLERK'S ACTION REQUIRED] STIPULATED JUDGMENT.AND ORDER QUIETING TITLE This Stipulated Judgment and Order Quieting Title adjudicates a dispute lipulated Judgment Quieting Title --1 LAND USE & PROPERTY LAW, PLLC 6669 Kimball Drive, SuKe B-201 Gig Harbor, WA 98335 (253) 853.1806 Jane Kolar— Mark Adams of Counsel Plaintiffs ROGER vonDOENHOFF, a married man, and S. JAYNE mDOENHOFF, a married woman, and their marital community, DONNA S. BEST, a ngle woman, JOANNE E. JONES, a married woman as her separate property, 4NDRA J. KRAMER, a married woman as her separate property, and TERRI A. ILLER, a married woman as her separate property; (hereinafter "Plaintiffs") by and rough their attomey of record Jane Ryan Koler, and KING COUNTY WASHINGTON, municipal corporation formed under the laws of Washington State, (hereinafter "King by and through their attomey of record Senior Deputy Prosecutor John Briggs, e "Parties"), (hereinafter "Stipulated Judgment"). 2, This Stipulated Judgment adjudicates claims and counterclaims asserted vonDoenhoN, et al. v. King County; King County Superior Court Cause No, 14-2- 707-2 KNT. 3. vonDoenhoff v. King County addressed an action seeking to have this urt extinguish any interest of King County in a portion of a sixty -foot wide strip of perty located on Plaintiffs' property (hereinafter "Quiet Title Area") created by a 30, 1933 Order of Establishment that created a right-of-way known as the Milton Extension Road, as well as Ringwood Road or South 376" Street. The Quiet Title Area is located in unincorporated King County on the southern thirty -feet of King County Parcel No. 322104-9063 (the north parcel), and em thirty -feet of King County Parcel No. 322104-9162 (the south parcel). The two are described with particularity in Exhibits 1 and 2 respectively. The sixty -foot t -of -way subject to the 1933 Order of Establishment is described with particularity in LAND USE & PROPERTY LAW, PLLC 6559 Kimball Drive, Suite B-201 Gig Harbor, WA 98335 (253)853-1808 Stipulated Judgment Quieting Title - 2 Jane Koler - Mark Adams of Counsel Exhibits 1, 2, and 3 are incorporated herein by this reference. 5. The sixty -foot wide right-of-way within the Quiet Title Area was not in a plat nor conveyed to the County by deed. King County failed to open a unty road for public use within the Quiet Title Area within a period of five years after the King County Board of Commissioners adopted the Order of Establishment for the Milton Extension Road in 1933. 6. RCW 36.87.090 and its predecessor, Chapter 12 §6510 Remington's Revised Statutes (1932), are non -user statutes that bar the County from developing a on any property designated for establishment of a County right-of-way, if the road remains unopen and undeveloped for five years after the order authorizing creation of road. ' 7. Chapter 12 §6510 Remington's Revised Statutes (1932) stated: Vacation of County Road by Nonuser ' Any county road or part thereof which has heretofore been or may hereinafter be authorized, which remains unopen for public use for a space of five years after the order is made or authority granted for opening same, shall be and the same is hereby vacated and the authority for building the same barred by the lapse of time... r 8. The sixty -foot wide right-of-way within the Quiet Title Area, pursuant to the authority of the Nonuser Statute (Chapter 12 §6510 Remington's Revised Statutes (1932)), was vacated by operation of law on January 30, 1938. 9, This Court declares that King County's interest in the Quiet Title Area on Plaintiffs' property has been extinguished as a matter of law pursuant to the Nonuser LAND USE & PROPERTY LAW, PLLC 6559 Kimball Drive, Suite B-201 Gig Harbor, WA 98335 Stipulated Judgment Quieting Title — 3 (253) 853.1806 P 9 9 Jane Koier —Mark Adams of Counsel tutes, and that pursuant to the Nonuser Statutes, title is quieted in Plaintiffs to the ng described property: THE SOUTH 30 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH THE NORTH 30 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF. 4 10. The new legal descriptions of Plaintiffs' property that incorporates the sixty -foot wide strip is attached as Exhibit.4 which is incorporated herein by this reference. 11. This Stipulated Judgment shall be recorded with the King County Auditor and shall run with Plaintiffs' property and bind successors in interest. ! 12. After the parties have signed this Stipulated Judgment; Plaintiffs shall (present it to the King County Superior Court judge to be signed, and then the executed Stipulated Judgment and Order will be recorded with the King County Auditor. All iclaims articulated in vonDoenhoff v. King County; King County Superior Court Cause No, 14-2-32707-2 KNT, will be dismissed with prejudice. 13, Each party shall be responsible for paying their own costs and attorney LAND USE & PROPERTY LAW, PLLC 6659 Kimball Drive, Suite B-201 Gig Harbor, WA 98335 (253) 853.1806 stipulated Judgment Quieting Title — 4 Jane Kolar — Mark Adams of Counsel EN'T'ERED this ;F) LAND USE d PROPERTY LAW, PLLC 6859 Kimball DM, Sub s-201 I Glg Harbor, WA 98335 (263) W3-1909 ISlipulated Judgment Quleting Tille — 5 Jane Kolar— Mark Adams of Caonsel af:--frim o�oaamm 21 B�mept4 W9 F 61ft=J, µ' 1 3221044OS3 SSW A Name VONDOENHCFF S JAYNE VAIDA Asm 1414 S 178TN ST 980013 q&'° i NE tk OF NE 1M OF 5E 1/4 1E55 N 80 FT i LESS W 20 Ff TGW SE IH OF SE im OF NE 1A ALL IN 430 a FA i SEC 3Z-11.1 • PORTION LY N OF FEDERAL WAY CITY BOUNMf1Y LN i LY WTHIN CITY LIMITS 6 30 1.m w t''4a (SEOREOATED FOR TAX PURPOSES ONLY - SEE PCL 9221049182) 4 J0 y m. 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NEW LEGAL DESCRIPTION FOR SOUTH PARCEL King County Parcel No. 322104-9162 14 I !THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE 15 !SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 4 EAST, !WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; 16 17 1EXCEPT THE WEST 20 FEET THEREOF, 18 19 20 21 22 23 j 24 I LAND USE & PROPERTY LAW, PLLC 6659 Kimball Drive, Suite B-201 Gig Harbor, WA 98335 (253) 853-1806 Stipulated Judgment Quieting Title -9 Margaret Clark From: Mark SPAUR <spaur@comcast.net> Sent: Monday, January 14, 2019 3:06 PM To: Margaret Clark Cc: suzanne quachang; rvond@comcast.net Subject: Low impact development requirement for new development, Milton Road Rezone plan. Attachments: 20121221_LIDmanual_FINAL_secure.pdf Margaret - The City of Federal Way worked with many other local agencies and Earthcorps to write the Hylebos Watershed Plan. You can download of copy of that plan here: https://www.earthcorps.org/ftp/ECScience/Hylebos/HylebosWatershedPlan 2016.pd It is too large for my email system to mail it to you. Section 6.1 of the watershed plan states "Urban Development Causes Reduction/ Degradation of Habitat." In order to combat that degradation, the watershed plan says to "Mandate Low Impact Development (LID)/Green Stormwater Infrastructure (GSI) methods for new developments." In the planning of new developments in the Milton Road area, the City of Federal Way must mandate LID and GSI methods be used in any further development along the Milton Road. Attached is the "Low Impact Development - Technical Guidance for Puget Sound." This document could form the blueprint for the LID requirements mandated in the Hylebos Watershed Plan, including the following: 1. Permeable pavement for roads and driveways in the newly developed area 2. Tree retention and planting in the area. 3. Curvilinear road maps and clustered housing to reduce impervious surfaces. 4. Minimal excavation foundations. 5. Biorention ponds and roof rainwater collection and dispersion systems. Note that these requirements go beyond the requirements in the 2016 King County Surface Water Manual, as adopted by the City of Federal Way and referenced in the SEPA checklist for this project. Mark Spaur 37611 17th PI S Federal Way, WA 98003 Maraaret Clark From: Mark SPAUR <spaur@comcast.net> Sent: Tuesday, January 15, 2019 10:40 AM To: Margaret Clark Cc: rvond@comcast.net; suzanne quachang Subject: Regency Woods Division 2 (Brittany Lane) Covenants Attachments: BL-CCR's.pdf Margaret - Section B. 1. g. states that Regency Woods Division 2 CC&Rs prohibit further development of lots within their division. I do not believe that this is correct. My reading of the CC&Rs (attached) says that as long as the building meets with the requirements of the City and County and are approved by the Architectural Control Committed of Regency Woods Division 2, additional construction could be done if the area is rezoned to R5 or R7.6. A few years ago someone tried to subdivide a lot in Regency Woods Division 1. It required a vote of the homeowner's association to amend the description of the association to include the new lot. That vote failed. I think a similar requirement would be place on someone trying to subdivide a lot in Regency Woods Division 2. Mark Spaur 37611 17th PI. S. Federal Way, WA 98003 Tina Piety - From: Sarita Breivik <shbreivik@yahoo.com>:�' Sent: Tuesday, January 15, 2019 7:57 PM To: Margaret Clark Cc: Jim Ferrell Subject: Comments - DNS to Rezone the Milton Road Area East of I-5 Attachments: Comments - DNS to Rezone the Milton Road Area East of 1-5.pdf Margaret, Attached and within the body of.this email as seen below, are my comments regarding the DNS to Rezone the Milton Road Area East of 1-5. PLEASE READ THIS LETTER INTO THE RECORD Attention: City Council and Planning Commission Members I am opposed to the (1) Comprehensive Plan Amendment to rezone the 26 parcels in the Milton road area east of 15 from RS 35.0 to RS 7.2 or RS 5.0, and (2) Extending 19th Way to S 376th and the Milton Road as assumed in the Milton Road Traffic Impact Analysis. Two primary reasons are of high concern. The first is the environmental impact. The addition of approximately 231 new high density single family homes, plus new road infrastructure, will be an additional source of pollution collecting in storm water. The increase in storm water pollution levels discharging into the Hylebos waters and Puget Sound will have a negative impact on salmon and orca populations, and other wildlife residing in this area. The City of Federal Way along with King County has a high investment in protecting the East Hylebos, having already spent hundreds of thousands, if not millions, of dollars to protect the East Hylebos. There is a precedent of high density rezones being declined by the City of Federal Way for these reasons, with property owners having been denied a rezone request because of this environmentally sensitive area. The proposed rezone that would result in increased new toxic contaminants in storm water runoff, is in direct contradiction to the recommendations released by the Southern Resident Orca Task Force formed by Governor Inslee's Executive Order 18-02. The Southern Resident Orca Task Force determined that toxic contamination in storm water runoff is one of the key factors in reduced salmon and Southern Resident Killer Whale populations, and seeks to reduce contaminate levels. The second concern is safety and quality of life for Regency Woods and Brittany Lane homeowners. Extending 19th Way to 376th and the Milton Road would turn 19th Way into a busy feeder street. 19th Way runs in front of Brittany Lane's community park. The safety of children and adults is at risk if a busy feeder street is allowed next to a high use community park. School age children, including my daughters, cross 19th Way twice a day to catch the school bus to and from school. Turning 19th Way into a busy feeder street puts our children's safety at risk. Providing an easy entrance into and exit out of our community puts us at increased risk of crime, making it easier for criminals to steal and then quickly make an exit. Should a feeder street be allowed through our community, our children would be exposed to more strangers in our neighborhood, putting them at higher risk of abduction for sex trafficking purposes and other crimes against children. Additionally, new denser housing would put an added strain on our schools that are already over -crowded, negatively impacting our children's education. For the aforementioned reasons, I am opposed to the rezoning of these parcels and the extension of 19th Way. Regards, Sarita Breivik Regency Woods Tina Piet From: Bob Coleman <robertscolemanjr@outlook.com> r, Sent: Wednesday, January 16, 2019 2:04 PM To: Margaret Clark Cc: cathylynncoleman@gmail.com Subject: Fw: Milton Road Rezone/Rezone Between Wild Waves and Meridian Home As a resident of Regency Woods at 1725 S. 376th Street I object to punching through 376th St. to 19th Way South. You are putting us in danger by doing so. And the new Type S Minor Connector you want to designate will only become a major artery like Milton Road, 1-5, and Enchanted Parkway as it goes essentially north and south. Our neighborhood suffers enough with Wild Waves traffic in the summer and this will only make things worse and far more dangerous. The City of Federal Way proposes to classify 376th and 19th Way South as a Type S Minor Collector. Your own Peak Hour analysis makes that assumption quite impossible. How can it be that traffic will not make the first attempt to leave a principal connector to race through a residential neighborhood to rejoin another principal connector and arterial? Your assumption that 215 new trips will be added to 19th Way South does not bear up to the facts about traffic in Milton and Fife. The fact is traffic from Milton Road will in fact race up and down 376th/19th Way South to reach Enchanted Parkway or to reach Milton Road at all hours of the day not just the morning and evening rush hours. That includes Lloyd Truck traffic and Port of Tacoma truck traffic. School bus traffic in our neighborhood is already at odds with commuter traffic that starts around 3PM. What is the definition of a Type S Connection again? This connector will become a major connector from one to a full arterial - Hwy 161. Your document didn't account for the park or the school bus stop nearby. In one public meeting the mayor stated he didn't want residents to think the fix was in when I asked why the Federal Way Comprehensive Plan has this connection outlined. The city planner in another public meeting made it sound like it was already a done deal - and made it sound like it was some kind of punishment to the Regency Woods residents. Traffic is already easily making it's way to Hwy 161 at the intersection of Milton Road and Hwy 161 and also at 369th St. and Milton Road. There are already trucking companies doing business in the neighborhood transferring cars into big rigs and truck traffic is already trying to punch through only realizing they have to make a difficult U -Turn at the end of 19th Way South. Another large source of traffic you haven't mentioned is casino traffic. Milton Road is a side artery to Hwy 99 and I-5, designating 376th as a Minor Connector isn't possible because it runs in parallel to Hwy 99 and I- 5. The City of Federal Way simply can't allow our neighborhood to be an escape valve for port, casino and commuter traffic. Punching through 376th St. to 19th Way South solves no traffic problems but creates several. There is a park right at the proposed punch through. Fife and Port of Tacoma truck traffic will use access to Regency Woods neighborhood transit putting us all at risk. Commuter traffic will race up and down the roads in the morning and evening trying to get a jump at existing signals and Wild Waves with traffic flooding the neighborhood. From the City of Federal Way document. "5. S 376th Street is a Minor Collector which will be a Type S street and extended to the stub from Regency Woods Subdivision. Milton Road S is a Principal Collector and will be reclassified as a Type K street from a Type P as a part of the rezoning." Robert Coleman 1725 S. 376th St. Federal Way, WA 98003 Sent from Outlook Maraaret Clark From: KIM & SCOTT MOSES <moses.kim@conncast.net> Sent: Wednesday, January 16, 2019 6:20 PM To: Margaret Clark Subject: Rezoning Plan Files: 18 -105523 -SE & 18 -104618 -UP RESPONSE Ms. Clark, Thank you for your email clarification earlier this week. In response to the 1/18/2019 deadline for all comments pertaining to this rezoning comprehensive plan amendment, my husband and I object to any plans for any apartments or condos being constructed and/or built in the rezoned area. We do not object to single family homes. We assume traffic concerns will be properly addressed and accommodations will be made. Sincerely, Kym & Scott Moses Brittany Lane Homeowners Margaret Clark From: Lily Stadnik <lil.stadnik@gmail.com> Sent: Wednesday, January 16, 2019 6:35 PM To: Margaret Clark Subject: RE: Milton Road Legislative Comprehensive Plan Amendment and Rezone To whom it may concern, My family and I reside in the community of Brittany Lane and have recently been made aware of the rezoning plan. I formally object to punching through 376th st. To 19th way south. Are you aware that there is a community park and a school bus stop on that road? It sits there now quietly as it is a dead end road but to open it up right in from the park would be hazardous. To put a busy street with cars driving up and down at all hours of the day would endanger our children. We ask as a community that you reconsider. Our community already deals with wild waves traffic. What will 376th look like in the summer when all the park -goers are parked along that road? They'll be endangered getting in and out of their cars if this is a connector street. Residents will no longer be able to walk their dogs peacefully with the added traffic and the values of our homes will suffer if they will be made to sit on a busy through -street. There is no doubt that anyone (Lloyd truck traffic, port of tacoma traffic, casino goers) heading towards hwy161 will cut through our neighborhood to get to where they are going. Have you also taken into account the new traffic that will come from the new apartment complex going in in Milton? Punching through 376th st to 19th way South solves no traffic problems, but creates several. Again, We as a community ask that you reconsider solely out of safety to our residents and our children. Thank you, Liliya Stadnik Ma aret Clark From: Sylvia Molzahn <smolldy@gmail.com> Sent: Thursday, January 17, 2019 10:49 AM To: Margaret Clark Subject: Change of zoning. Margaret and board I am writing this as a homeowner in Regency Woods. I bought into this neighborhood some 25+ years ago. I bought here as wanting a quiet great neighborhood for children with two private parks one being in Regency and one in Brittany. This has been a great neighborhood without through access to Milton Road. We as homeowners took this into consideration when we bought here. Now you want to change our neighborhood? Sorry this is not what we want. Leave us alone. Schools in the area are already overcrowded don't do this. Roads are overcrowded we don't want or need 19th Way as a through street. This will open up our area to more crime as easy in and easy out. It would become a speed road which changes the character of our neighborhood. Also a real hazard to our residents who use our sidewalks for enjoying a walk through our neigh borhoods.We already have traffic problems on Milton road and heavy traffic on Enchanted Way. Do Not Change This Zone. Do not punch 19th Way through. Safety is our concern make it yours. Thank you Sylvia Molzahn Owner in Regency Woods 37532 19th Way So Federal Way, Wa. 98003 Sent from my iPad Tina Piety From: nickjames james <mclovus@hotmail.com> Sent: Thursday, January 17, 2019 3:51 PM To: Margaret Clark Subject: Rezone I am writing to let you know that I strongly oppose the rezoning of the area south of S 369th and North of S 376th street. I have been a home owner in Regency Wood for over 20 years I feel this will only have a negative impact on my neighborhood. I think the city of Federal Way needs to realize that the increased traffic and speeds of traffic in the neighborhood would create a safety hazard and detract from the character of the neighborhood. This is a neighborhood that you can walk you dog and ride your bikes safely without worry about speeding traffic. I hope the city of Federal Way can look beyond the revenue they are planning on receiving from the land use permits etc. and realize the long term negative impact this would have on the current residents of Regency Woods and Brittany lane. Thank you, Monica Hirano Tina Pi From: BETTY LATHAM <shadowlatham@comcast.net> Sent: Thursday, January 17, 2019 6:40 PM To: Margaret Clark Subject: Rezone area south of S 369th &North of S 376th St. Hi Margaret Clark (Senior Planner), I am writing to address the proposition of rezoning the area south of S 369th & North of S 376th St. I live on 19th Way and I am highly against the rezoning of this area, as well as, the proposition to extend 19th Way to Milton Road. My address is 37122 19th Way S., Federal Way, WA 98003. 1 have lived her for over four years. The attraction to this neighborhood was the beauty of the homes and the quite streets, sidewalks and parks. Your proposition would take this away from our neighborhood. The thru way traffic would be directly in front of my home. Which would cause major traffic thru on 19th Way, making it unsafe for children to ride their bike, neighbors who walk our sidewalks for exercise and children who play in our parks. Not to mention the exhaust from the increased traffic! The rezoning for for new homes would cause the traffic on 19th way to be horrendous, not to mention a safety hazard for the same reasons I mentioned above for Regency Woods and Brittany Lane neighbors. Please consider if this were your neighborhood, would you want this for your neighbors and yourself? I think not. Look forward to meeting you on February 20th, at the Planning Commission Meeting. I VOTE "NO" ON BOTH OF THESE PROPOSITIONS. Thank you; Betty Latham Tina Piety From: Sarita Breivik <shbreivik@yahoo.com> Sent: Thursday, January 17, 2019 7:28 PM To: Margaret Clark Cc: Jim Ferrell Subject: Additional Comments - DNS to Rezone the Milton Road Area East of 1-5 Ms. Clark, Please see below for additional comments. PLEASE READ THIS LETTER INTO THE RECORD Attention: City Council and Planning Commission Members As it pertains to the rezone of the Milton Road Area East of 1-5, one additional concern I have is traffic impacts on the roadways and intersections adjacent to the proposed rezone. It is well documented and experienced during the summer months that traffic generated by Wild Waves causes queuing and accidents all over the area. The roads and intersections are at and above capacity. The backups affect state highways and increase response time for emergency vehicles and personnel to respond. The rezone if approved will further degrade the level of service of the roadways. Surely this proposal requires an Environmental Impact Study due to adverse impacts? Regards, Sarita Breivik Regency Woods Tina Pie From: kathy9317@centurylink.net Sent: Thursday, January 17, 2019 8:58 PM To: Margaret Clark Subject: Opposed to the City of Federal Way's Rezoning and Building Plans Attachments: Comp Plan Amendments - Building behind Brittany Lane (1).pdf Dear Ms. Clark, I am opposed to the changes the City of Federal Way is considering for parcels near my neighborhood, Brittany Lane. Specifically, I am opposed to the Comprehensive Plan Amendment changes shown as #1 in the attachment here. As I stated at a City Council meeting last year, I do not wish to see higher residential density in this area. The City has already approved a tremendous number of multi -unit homes in this area. The schools have been overwhelmed by a sharp increase in students, and the schools' faculty, staff, and school buildings are already stretched to their limits. I am referring to Todd Beamer H.S., Sequoyah M.S., Rainier View Elementary, and Lakeland Elementary. Problems have increased at these local schools due to overcrowding and even more students would have to be accommodated if new homes are built along the Milton Road area. I urge you not to move forward with the City's proposal to rezone the area south of S. 369th (Wild Waves) and North of S. 376th Street (The Meridian Retirement Community) along the Milton Road from R 35 (one home per every 35,000 square feet) to as compact as R 5.0 (one home per 5,000 square feet). I understand that this may add as many as 230 homes to the area, which would bring additional traffic to this area also. Already, Milton Road is packed with cars trying to avoid using 1-5 during the evening rush hour. Cars line up bumper to bumper through the Milton neighborhoods near Copper Creek Apartments. I wonder if the City has given notice to residents in those areas of what may be coming their way. As part of the mitigation of traffic in the area, I believe a traffic impact analysis assumes that 19th Way is extended through Regency Woods to S. 376th Street and the Milton Road. This would make 19th Way a "minor collector" and increase traffic and traffic speeds on the roads in our neighborhoods. This will create a safety hazard, in my opinion, in front of the Brittany Lane community park, which is not open to the public. The increased traffic on 19th Way would detract from the character of our neighborhood. The proposed rezoning would also lead to builders cutting down the beautiful forest that helps mitigate noise pollution from 1-5 for many homes in this area. Please do not change the zoning, and do not extend the road through the forest. Respectfully, I thank you for listening. Kathy Walton 37452 18th Ave S. Federal Way, WA 98003 Tina Pie From: Maximus The Greatest <maxtomilov@yahoo.com> Z� Sent: Friday, January 18, 2019 12:31 AM To: Margaret Clark Subject: Rezoning south of wild waves To Margaret Clark Hi my name is Maksim Tomilov, my family and i live at Brittany lane community just south of wild waves. We recently have received news of that there might be rezoning of land happening along Milton road south of Wild Waves, which might open the door for construction for up to 230 new houses. I myself am not against new communities being build, but it does concern me because of what solution does the city of Federal Way have for traffic if such a huge community is built here. Traffic already is quite a pain to deal with since there is a lot of construction happening in Edgewood. We cannot comfortably walk with our kids around the community because people drive like crazy around here. During summer time it seems like all of the rules are completely ignored by drivers and pedestrians. My other concern is with such a big community being built it will obviously bring in a lot of people with kids. The few elementary schools that we have near by are rated 3/10. The schools are performing poorly and now even more parents will bring kids to the area. The other choices are private schools, which are not that cheap. I understand that with more houses it will bring more revenue to the city, but what is the city planning to do with that money to solve the traffic and schools problems. We are not proponents to a new community if anything its an opportunity to invest in a new property, but the concerns are real with traffic, schools, what kind of housing will be allowed to being built (houses or apartments). All these things can either positively effect our area or bring a lot of problems with it. We hope that if the city approves of this rezoning project, that the city will take proper action to deal with traffic and schools. Thank you Margaret Clark wm� CD) From: Lesley Roth <lesley.m.roth@gmail.com> Sent: Friday, January 18, 2019 4:33 PM To: Margaret Clark Subject: Response to Public Comment on Milton Way S parcel rezoning Hello, My name is Lesley Roth. I live at 1639 S 374th Ct in Federal Way, which is part of the Brittany Lane neighborhood. I am writing in response to the request for public comment on Files 18 -105523 -SE and 18- 104618 UP that relate to the rezoning of land parcels along Milton Way S from Medium to High Density housing. I would like to raise my serious concern about the overall plan for this area. While in theory, I am not opposed to the changes in density for these land parcels I am opposed to the current approach regarding the transportation plan and am very concern that fire, police and public school representatives have not commented. The transportation plan states that part of the plan is to connect 375th St to 19th Way S, which would connect Enchanted PKWY to 99. This "punch through" would put a major thoroughfare straight through a residential neighborhood. This poses a huge risk for community safety. The traffic load would go through a neighborhood with a residential street not designed to carry the load, be bringing in traffic through areas where driveways have no alternative but pull into a major road, and put children playing at a community park at risk by putting heavy traffic in front of a space specifically designed for children to play. In addition, this plan would add an extra environmental burden to the already stressed Hybelos Watershed. The transportation plan for this area should not be looked at independently of the changes being proposed where Milton Way crosses Enchanted PKWY and connects with Weyerhauser Way S. The IRG project will be introducing a heavy semi truck load onto residential roads as well. In total, the proposed changes in both areas have the significant potential to absolutely choke transportation in this area, put heavy truck loads in residential areas, create an unsafe environment for children, and put an extraordinary stress on the watershed. I request that the transportation portion of the plan related to the request for zoning changes in this parcel be adjusted to not include the 375th street punch through as well as to be looked at in conjunction with the broader plan for the corridor running along I-5 from 320th to Milton Way S. I also request that representatives from the fire, police and public school departments comment publicly on the impacts to their plans for services. I would like to know their plans for absorbing the growth in this area, funding for addressing that growth, and their plans for navigating the change in transportation in this area based on the published transportation plans. The zoning request has a large enough impact to the area that it should not be addressed independent of a larger study of the impact of all the proposed changes in this corridor. I would like the project planner for this project specifically and the city council a whole to address the various aspects I have mentioned. Thank you, Lesley Roth 2 Margaret Clark From: Alex Kostin <alex.kostin@yahoo.com> Sent: Friday, January 18, 2019 4:39 PM To: Margaret Clark Subject: Letter in opposition of the proposed road being built through Brittany Lane/Regency Woods neigborhood January 18, 2019 Dear Federal Way City Council Members, My name is Alex Kostin, I live at 37212 20th Ave South, Federal Way, WA 98003. 1 am writing to you to express, in strongest terms, my outrage at the plans to build the road through the Regency Woods/Brittany Lane neighborhoods. This road will destroy our way of life, will drastically lower the house prices, will be extremely dangerous to the children and old people in the neighborhood and turn our quiet neighborhood surrounded by beautiful trees into a smog filled 1-5 appendix. We have to face the onslaught of people from all over King County during summer months who flood the streets going to the Wild Waves, park cars everywhere despite the signs, leave tons of garbage very day when the park closes. Now, on top of the Wild Waves problem, this proposed road will destroy our neighborhood once and for all. Our children grow here going to the quiet parks, we enjoy being surrounded by trees and we enjoy so much our greenbelts shielding us from the traffic and smog n I- 5. All this will be gone if this road is built. It will quadruple the traffic going through the neighborhood, it will include not just the cars but the semi trucks going to the port of Tacoma. It will bring potentially dangerous people going to gamble at the casino right in the middle of our neighborhood. It will make it impossible for us to enjoy peace and quiet and night as they traffic will disrupt our lives 24/7. It will be impossible to leave for work in the morning and come back at night because the roads will be completely clogged. In short, I demand that you cancel the plans of building the road through the neighborhood. Sincerely, Alex Kostin Dear council members, My name is Elina Kostine. I am writing to you to express, in strongest terms, my outrage at the plans to build the road through the Regency Woods/Brittany Lane neighborhoods. I am shocked by this decision. This road will destroy our way of life, will drastically lower the house prices, will be extremely dangerous to the children and old people in the neighborhood and turn our quiet neighborhood surrounded by beautiful trees into a smog filled 1-5 appendix. We have to face the onslaught of people from all over King County during summer months who flood the streets going to the Wild Waves, park cars everywhere despite the signs, leave tons of garbage very day when the park closes. Now, on top of the Wild Waves problems, this proposed road will destroy our neighborhood once and for all. Our children grow here going to the quiet parks, we enjoy being surrounded by trees and we enjoy so much our greenbelts shielding us from the traffic and smog n 1-5. All this will be gone if this road is built. It will quadruple the traffic going through the neighborhood, it will include not just the cars but the semi trucks going to the port of Tacoma. It will bring potentially dangerous people going to gamble at the casino right in the middle of our neighborhood It will make it impossible for us to enjoy peace and quiet and night as they traffic will disrupt our lives 24/7. It will be impossible to leave for work in the morning and come back at night because the roads will be completely clogged. Quality of life will be decreased. This is unacceptable to implement this in the residential neighborhood. In short, I demand that you cancel the plans of building the road through the neighborhood. Hopefully it can be done as soon as possible. Best regards, Elina Kostine Dear council members, My name is . I am writing to you to express, in strongest terms, my outrage at the plans to build the road through the Regency Woods/Brittany Lane neighborhoods. This road will destroy our way of life, will drastically lower the house prices, will be extremely dangerous to the children and old people in the neighborhood and turn our quiet neighborhood surrounded by beautiful trees into a smog filled 1-5 appendix. We have to face the onslaught of people from all over King County during summer months who flood the streets going to the Wild Waves, park cars everywhere despite the signs, leave tons of garbage very day when the park closes. Now, on top of the Wild Waves problem, this proposed road will destroy our neighborhood once and for all. Our children grow here going to the quiet parks, we enjoy being surrounded by trees and we enjoy so much our greenbelts shielding us from the traffic and smog n 1-5. All this will be gone if this road is built. It will quadruple the traffic going through the neighborhood, it will include not just the cars but the semi trucks going to the port of Tacoma. It will bring potentially dangerous people going to gamble at the casino right in the middle of our neighborhood It will make it impossible for us to enjoy peace and quiet and night as they traffic will disrupt our lives 24/7. It will be impossible to leave for work in the morning and come back at night because the roads will be completely clogged. In short, I demand that you cancel the plans of building the road through the neighborhood. Maraaret Clark From: YURI ZAHARCHUK <flp4u@yahoo.com> Sent: Friday, January 18, 2019 4:56 PM To: Margaret Clark Subject: LETTER Attachments: letter -city counil- road -JAN 19.docx Dear council members, 01-�4 Or,-CAck er"'140 My name is .am writing to you to express, in strongest terms, my outrage at the plans to build the road through the Regency Woods/Brittany Lane neighborhoods. This road will destroy our way of life, will drastically lower the house prices, will be extremely dangerous to the children and old people in the neighborhood and turn our quiet neighborhood surrounded by beautiful trees into a smog filled 1-5 appendix. We have to face the onslaught of people from all over King County during summer months who flood the streets going to the Wild Waves, park cars everywhere despite the signs, leave tons of garbage very day when the park closes. Now, on top of the Wild Waves problem, this proposed road will destroy our neighborhood once and for all. Our children grow here going to the quiet parks, we enjoy being surrounded by trees and we enjoy so much our greenbelts shielding us from the traffic and smog n 1-5. All this will be gone if this road is built. It will quadruple the traffic going through the neighborhood, it will include not just the cars but the semi trucks going to the port of Tacoma. It will bring potentially dangerous people going to gamble at the casino right in the middle of our neighborhood It will make it impossible for us to enjoy peace and quiet and night as they traffic will disrupt our lives 24/7. It will be impossible to leave for work in the morning and come back at night because the roads will be completely clogged. In short, I demand that you cancel the plans of building the road through the neighborhood. Dear council members, My name is . I am writing to you to express, in strongest terms, my outrage at the plans to build the road through the Regency Woods/Brittany Lane neighborhoods. This road will destroy our way of life, will drastically lower the house prices, will be extremely dangerous to the children and old people in the neighborhood and turn our quiet neighborhood surrounded by beautiful trees into a smog filled 1-5 appendix. We have to face the onslaught of people from all over King County during summer months who flood the streets going to the Wild Waves, park cars everywhere despite the signs, leave tons of garbage very day when the park closes. Now, on top of the Wild Waves problem, this proposed road will destroy our neighborhood once and for all, Our children grow here going to the quiet parks, we enjoy being surrounded by trees and we enjoy so much our greenbelts shielding us from the traffic and smog n 1-5. All this will be gone if this road is built. It will quadruple the traffic going through the neighborhood, it will include not just the cars but the semi trucks going to the port of Tacoma. It will bring potentially dangerous people going to gamble at the casino right in the middle of our neighborhood It will make it impossible for us to enjoy peace and quiet and night as they traffic will disrupt our lives 24/7. It will be impossible to leave for work in the morning and come back at night because the roads will be completely •::-• In short, I demand that you cancel the plans of building the road through the neighborhood. Margaret Clark From: TATYANA LUKOMSKAYA <tlukomskaya@yahoo.com> Sent: Friday, January 18, 2019 5:03 PM To: Margaret Clark Subject: letter -city counil-road-JAN 19.docx Attachments: letter -city counil-road-JAN19.docx; ATT00001.c Margaret Clark �g From: Washington Pro Roofing LLC <waproroofing@gmail.com> Sent: Friday, January 18, 2019 5:08 PM To: Margaret Clark Subject: Rezoning Hello, Margaret Clark. We are the residents of Regency Woods, and reside on 18th Pl. S. in Federal Way. I oppose the extension of 19th Way to accommodate the new homes. With regards, Igor Tina Edward Alina Good Evening to the Community Development Department, Planning Division, Our property borders the woods that will be torn down, to say we are devastated is an understatement. We moved here for that reason and our four children, by permission, have been enjoying the woods for the past 4 years. Our address is 1610 S. 376`h St. I have several reasons why I don't think this is wise to develop all of this land (especially at high density) and punch a road through but I want to mention my main reasons. We have a couple of apple trees on our property and have had the pleasure over the few years we have lived here to enjoy watching the deer jump the fence and eat those apples. Where will those deer go? Is this not an environmental concern? Besides the deer, we have seen coyotes, owls (we love hearing them at night!), eagles, bunnies, weasels, large families of raccoons, snakes, squirrels, enormous bullfrogs and regular sized frogs, newts and salamanders, woodpeckers, and several other kinds of birds. There is even a turtle living in those woods! Where are they going to live and isn't this an "adverse impact on the environment" if you were to take this away from them? Also, if a road is punched through it will become much busier than before that it poses a risk to the children and families and dogs playing at the park right next to our property. Additionally, children walking to and from school on a daily basis in the dark and daytime will be a safety issue. Currently all children are walking to the bus stop and several are crossing streets, as young as kindergartners. In my mind this is a huge safety hazard given the fact that the traffic will increase significantly. 19`h St. will become a thoroughfare for commuters who do not have the safety of our neighbors in mind. Please keep our children safe, no road. These pictures below of animals were seen in our backyard or the woods, or they came from the woods to our backyard. None of this would be possible without the woods. Several of these pictures were taken by my children exploring the woods as well. Sincerely, Curtis & Christina Call (along with Preston, Lauren, Landon and Quintin) st f• J.POP y �yN �Kl a I 5 moi•, i Zvi ` � j «fir ' . � � . _ .. "• -is •• ,` � .. )n � - , .� •,,, - is �� ► � �• , � ~j 1. x .� Lir � .'lid... �.-.: � x .. ._.... �.�.. ...-�. ... . Clark From: danikzahar@gmail.com Sent: Friday, January 18, 2019 6:16 PM To: Margaret Clark Dear council members, My name is Daniel Zaharchuk I'm writing this letter in regards to the plans for the possible road build in my neighborhood. Regency woods/Brittany lane. We have a wonderful, beautiful neighborhood and moved here for a reason. I drive home on Milton road everyday and it is packed with vehicles. The possibility of this going through my neighborhood would be terrible. I want my kids to live in an area that is safe. I want this to remain a quiet and peaceful neighborhood. I want to see people walking their dogs, I want to see people going on walks with their families. I want to see kids riding on bicycles. I do not want to see a bunch of cars passing through, I don't want the noise, I don't want the traffic, I don't want this to turn into a highway. Place this road and what made this.a beautiful place will be gone. It's always been so peaceful, the scenery is great, the environment is fantastic. Just looking outside of our windows and thinking about life, enjoying it. Looking at the blue skies or watching people walk by peaceful and happy. I do not want to be looking at cars driving by all day. Please consider all of this Take care of the people that have been here and have fallen in love with this place. Thank You Daniel Zaharchuk Marqaret Clark From: yonas ocubazghi <yocubazghi@gmail.com> Sent: Saturday, January 19, 2019 7:35 AM To: Margaret Clark Subject: Rezone Miltone road area My name is Yonas Ocubazghi residence of 1701 south 371st Ct federal Way WA 98003. This plan may affect my daily.route traffic and safety for mr and my family. we already have heavy traffic because wild wave customer and pass trough to Milton and Fife residents. Please revise and decide wisely. for the our community. I thank you in advance Yonas ocubazghi 1707 S. 371st CT Federal way yocubazghiggmail.com Margaret Clark From: S S <sherri2412@hotmail.com> Sent: Saturday, January 19, 2019 7:25 PM To: Margaret Clark Subject: Opposed to rezoning proposal Dear Ms. Clark, I oppose the rezoning proposal that affects the Regency Woods and Brittany Lane neighborhoods. Specifically I oppose the extension of 19th Way. Extending 19th Way will have a negative impact on the livability of the two neighborhoods, redirecting traffic through a residential area and affecting the safety of the current residents. This proposal intentionally re -directs non-residents through a residential neighborhood, and provides NO benefits to the current residents of these two neighborhoods. The plan is not fair to all concerned as the residents in an established neighborhood will be affected by increased traffic, noise, and pollution. The plan does not help the City build goodwill with current residents - Every single resident in these two neighborhoods opposes the plan. The plan is not beneficial to both the city and current neighborhood residents. There is a clear loser in this proposal, and that is the residents who have invested their money and their families in Regency Woods and Brittany Lane. This plan does NOT help us in any way, and in fact, demonstrates that the City is not willing to acknowledge or value the investments that current residents have provided to Federal Way. A reasonable compromise that the City could make to appease established residents AND manage growth responsibly would be to rezone the parcels but require the developer to leave a natural, green buffer between the redeveloped lots and the current established homes to mitigate pollution and noise. Additionally, and most importantly, NOT extend 19th Way. There is no reasonable need to extend 19th Way - In fact, extending it would require cutting through an identified wetland. Thank you for considering this request. Sherri Stanton (resident of Federal Way for 20 years) 2100 S 375th St Federal Way WA 98003 Suzanne Vargo 2522 S. 361St. ST Federal Way, WA 98003-7506 RE: Milton Road Legislative Comprehensive Plan Amendment and Rezone File #s18 -105523 -SE & 18 -104618 -UP To Mayor Jim Ferrell Lydia Assefa-Dawson Jesse E. Johnson Susan Honda Hoang V. Tran Mark Koppang Martin A. Moore Dini Duclos Robert "Doc" Hansen, Planning Manager Margaret Clark, Principal Planner Dear Mayor Council and Planning Department. I would like my information to be admitted into all records. I will try to get my concerns documented but would like to be able to add to this record in a timely manner if allowed. I am a long-time resident of Federal Way and live within 1 mile of the Rezone area. My concerns are for the high-density buildout and what this would mean to the large parcels of land that serve as filtration for the aquifer for this area. Pg. 5 question 9 asks if there are any legal items that are in process at this time: I would like to remind staff that the Ellingson property is being mandated by the City of FW for Restoration. I am told by staff actual work will begin in the Spring of 2019. Serious violations were done by owner to the Class III wetland that is on his property. This is a vital wetland as it filters run off waters from neighbor Meridian at Stone Creek Senior Facility. This wetland moves waters from the upper plateau down to the Conservancy area below. Please keep in mind this wetland will be in a 3-5 year Restoration Plan. ENVIORMENTAL ELEMENTS: C. states the topography make up of this area. It failed to mention the Vashon Till. I have yet to read any evidence of Everett (EvC) in my research. The Vashon Till are from deposits of at least two glaciations. This till is made up of silt, sand, clay, gravel. The East Branch of the Hylebos as well as foes Creek have these advance outwash deposits. Wide spread deposits of Oxidized sand and gravel that apparently UNDERLIE most if not ALL of the basin plan area at depth. (Hylebos Creek & Lower Puget Sound Basin "Current & Future Conditions Report. KC Surface water Mgm. Division 3-2) The Milton -Redondo Channel yields much of Federal Way's water supply. I would like to request the city conduct a Hydrogeologic determining the potential impacts of contamination on the aquifer if high density buildout is approved. D. The question is asked if any history of unstable soils. The answer to this is no, because the homesteaders knew of the sandy topography. See King County Sensitive Area Study. Back in the 1950's it was known between King County and Federal Way that the zoning must remain low density due to the soil make up. This is why the large parcels are critical for the Conservancy lands and the interchange of the Hylebos Creek. The large undeveloped parcels of the upper plateau help to eliminate pollutants and sediment from reaching the Hylebos Creek. Low zoning designation is considered as an additional means to limit the amount and rate of surface water runoff and soil erosion into the Green river Valley and within the Hylebos Creek drainage basin. (I must apologize that I can not quote what document this is from. I can however supply you with that shortly, as it was found at the Historical Society of FW. E. If a rezoned landowner wishes to put in several single-family homes, and this does not trigger a SEPA then when exactly does the environment get addressed: If this process states it is an NDS, and the environment is ignored, and single-family dwellings if built instead of high density, do not have environmental setbacks from wetlands, buffers and streams, again, when does the environment get addresses. This seems to be a buffet for developers that they would not have to subject themselves to City and State rules and procedures. This is a serious concern and this action should be removed from this document. AIR: C. While it is very generous of the staff to give so much credit to trees and vegetation, please note that this area sits in between 1-5 and Hwy. 99. Much pollution is created via air and noise. The vegetation mentioned is already working overtime. A significant tree ratio is required so please make sure the existing landscape is not used two -fold. This plan will remove a significant tree buffer and the air and noise effects to the residents of Stone Creek, Regency Woods, and Britany Lanes will be considerable. Once again, the filtration of the buffer at the Vondenhoff's property takes on runoff from the two neighborhood communities. To remove these trees would be detrimental to the Hylebos, the nearby residents and all that inhabit it. Air and Traffic studies musts be done BEFORE any decisions should be made. WATER: "Should construction be done through a wetland area, when NO other alternative is possible, that this construction be done to: 1. not alter the physical qualities of the wetland, by first not creating an artificial drainage in the construction of dwellings 2. that no physical damage be done to the wetlands in the installation of sewer systems. That NO SEWERS (trunk, collector or any other semblance of sewer operation) run through the Hylebo. No Sanitary sewers run down a creek bed. That no sanitary sewer lines be installed in a manner that would change the ecosystem of wetlands, open space, sensitive areas or greenbelts." This is a hand written message to the city from Francis Marckx. Mr. Marckx was not only the land owner for the area now known as the Wet Hylebos Park, but he was also the water Commissioner in the 1950's for Lake Haven. He understood water, SWDM, and the sensitive nature of the Hylebos. Please heed his advice. PLANTS: C. Any known threatened or Endangered species located on site? Since the Class III (Ellingson) wetland is documented as being a habitual wetland and the Conservancy lands are a protected waterfowl concentration area, it seems quite probable that there are many species that are critical such as the Pileated woodpecker. Upon further investigation I see on page 4 of the Wetland Report for Ellingson property, conducted by Environmental Design of Centralia, WA, states the site of wetland and the surrounding area is primarily vegetated with Douglas Fir Trees. The Douglas Squirrel is a protected species as well. Eagles are also on these properties, as it is the Douglas Fir that can offer the greatest limb strength to hold the massive Eagle nests. The conservancy lands and the surrounding area is critical for species habitat function. The upper plateau is very much a part of the highly Sensitive area that is Spring Valley. believe further studies of species habitat needs to be looked into, before we write off the wildlife importance and protections. Has data been collected by the Audubon Society in the past 5 years for this area? 1. request a full study of bird and mammals in a 3 mile radius of proposed area, which would include the Conservancy Lands. PLANTS: Staff approves of this list, but previous comment states clearly that Douglas Fir are indeed on the property and cover the area extensively. Please change your information to reflect Douglas Fir are on and around surrounding area. ANIMALS: C. Question is asked Is site proposed a migration route?: ' The answer is a firm YES. The Conservancy Lands, the West Hylebos Park, Weyerhaeuser, and the numerous lakes provide sustained habitat and places of rest and recuperation. It only goes to reason that these large open spaced parcels provide needed rest and recuperation during migration. The City needs to address this issue if it is not confident in its own logic. Please investigate whether this area in question is a "Key Rest Stop" as It is related to migration. I personally have witnessed large groups of Canadian and White geese on these properties in the last 3 years. D. Proposed measures for preservation or enhancing wildlife: I find the thoughtlessness of the city to not ensure measures are to be taken to preserve the natural setting and the wildlife disturbing. How can the. city disregard their chance to do their part and preserve where they can, especially in this HIGHLY SENSITIVE AREA? Can the city find someway to show some form of good faith as stewards and solidify some guarantees, now before developer after developer are given "Exceptions to create their own vision, instead of the cities. E. There are no known invasive animals because the animals are in their natural setting. They have room to exist in nature where they are of no harm to residents. The concern for invasive animals will present itself if this rezone is granted. ENVIORMENTAL HEALTH: A.1. Asks the question of any known toxic substances presently or used in the past. I would like to remind City staff that our entire area was subject to what is known as the Tacoma Smelter Plume. This toxic substance was spread over 1000 sq. miles of our Lower Puget Sound Basin. The proposed sites fall in to the: UNDER 20 PPH rating as found on King County Parcel viewer. In other words the site is less than 3 miles from the Tacoma smelters. Look under the "District" Information link. Very last item on page. 2/3. Question relating to underground pipelines: would like to add that this is an aged -out line. It is nearly 10 years past its life span. The line sits roughly 3-5 ft. under the land, and heavy machinery treading over the line can cause failure in the pipeline. Developers are the leading cause of pipeline failures. This is stated by the U.S. Dept. of Transportation: Pipeline and Hazardous Materials Safety Administration. Oct. 2010 (Office of Pipeline Safety) This line should be of paramount concern to city, citizens and the environment. We can never be so lackadaisical in our efforts, as to allow the catastrophic disaster that happened in Whatcom County. Please keep this highly explosive, aged out, hazardous pipeline in the fore thought of this and all projects along this line, going forward. It is in the Cities Comprehensive plan that is clearly defined that it is the city who shall look after the health, and quality of life of its citizens when making zoning decisions. A mishap could spell disaster for the Hylebos and the Conservancy lands. 4/5. For the reasons described in my answer to previous question, an emergency plan should be priority number one. If multiple developments are taking place at the same time, as well as light rail development, the city of Federal Way most certainly needs an emergency plan prior to this approval. Have Fire and Rescue been contacted about the projected high-density buildout? Have studies been conducted for such events as landslides or exploding pipelines for example? NOISE: 1. While it is helpful to have the cities codes in place to regulate the noise that will take place during the build out phase. This does nothing for the 24/7 noise from 1-5 and Hwy. 99. The existing trees and vegetation serve a great purpose and to remove would be another major hit for the entire area. Please do a complete air study, factoring in the multiple trees that will be removed during development. The ever expanding runways at Sea Tac airport is a huge factor in our citizens health. The plane noise MUST be factored in to the quality of citizen health. We have recently learned from city meetings just how harmful jet noise is in our overall long-term health. Couple this with very little vegetation to absorb pollutants and noise, and the high build out area could become unhealthy to live. Hearing is a vital for sustained wellbeing. Consider the many small factors. Noise, air, earth etc., when stacked upon each other, the multiple impacts to a highly sensitive area will be irreparable and citizen health decline. I would like to please ask that I submit this document into record and I may finish my responses in the near future. I have answered several questions here and I am hoping Staff will allow me to enter more in a timely manner. I appreciate you listening to my concerns and appreciate your patience as I responded in kind. Thank you for this opportunity to speak up for the wildlife, our Aquifer and the Hylebos. Suzanne Vargo Maraaret Clark From: Mark SPAUR <spaur@comcast.net> Sent: Wednesday, January 30, 2019 8:20 PM To: Margaret Clark Cc: suzanne quachang; rvond@comcast.net Subject: Milton Road Rezone, 1995 EIS Margaret - First, I want to thank you for tracking down the 1993 draft EIS and the 1995 Final EIS for the City of Federal Way. I appreciate your consistent communication and your time in this project. The EIS finalized in 1995 did not consider the impacts of development of the area near the Milton Road. At the time of the 1995 EIS, this area was not annexed by the City. The EIS is based on a combination of two scenarios that stated that development in the south end would occur along Highway 99 north of 336th Street. However, in the intervening time the City has annexed the area near the Milton Road, development has occurred, and a Hylebos Watershed plan was written. WAC 197-11-172 ( Planned actions—Project review) states that the city should verify "that the probable significant adverse environmental impacts of the project have been adequately addressed in the EIS prepared under WAC 197-11-164 (1)(b) through review of an environmental checklist or other project review form as specified in WAC 197-11-315". With all the changes that have gone forward in the City since 1995, and with the planned expansion of transit and housing South of 336th Street, I do not feel that the 1995 EIS adequately addresses the adverse environmental effects of the CIty's projects in the area around the Milton Road. A simple environmental checklist as described in WAC 197-11-960 is for a planned project proposal; an EIS is typically done for programs of project or plans for significant development. Twenty four years have passed since the last EIS was done by the City. The City is also contemplating high density development near the Commons on the site of the mobile home park, a transit maintenance center, and a redevelopment of the Weyerhaeuser property - all concepts that stretch the scenarios described in the 1995 EIS. I believe it is time for the City to take a step back and do another EIS that includes the areas annexed by the City since 1995, includes the Hylebos Watershed Plan, include the City's new vision for transit and development, and use the EIS process as intended to weight the cumulative impacts of proposed development on the City's environment. Mark Spaur 37611 17th PI S Federal Way, WA 98003 lln Margaret Clark From: Andu do <andu_do@yahoo.com> Sent: Thursday, February 07, 2019 8:12 PM To: Margaret Clark Subject: My Concern with Rezone Dear Ms. Margaret Clark, We are Matthew and AnhDu Do at Regency Wood, 37540 21stAve S Federal Way, 98003. Here our concern: 1- Was the 376th bridge, crossing 1-5 built for heavy traffic, and commercial trucks (>10 tones)? 2- Was 19th Way S/376st S built for heavy traffic? 3- 1 saw big trucks (>10 tones) going up on Milton. How do you prohibit them driving on 19th Way S/376st S? 4- 19th Way S/376st S was built as residential street so there are many houses facing it, children walk and play around it. It is next to community part so heavy traffic will be very dangerous for residents. 5- Area is too closed to senior living facility. If a community is built next to it, it will destroy their peacefulness, their quiet life style which they are looking for at their age. 6- Rezone it to build another senior living facility. Best Regard, Matthew & AnhDu Do Margaret Clark From: Mark SPAUR <spaur@comcast.net> Sent: Friday, February 08, 2019 11:59 AM To: Margaret Clark Cc: Doc Hansen; mond@comcast.net; suzanne quachang Subject: Non Project Actions, Milton Road Rezone Margaret - At the Planning Commission meeting on 2/6/19 Wayne Carlson and Doc Hansen both spoke about how the Milton Road rezone was a Non Project action. As such, the view expressed by both Mr. Carlson and Mr. Hansen was that impacts from projects would be considered once the projects are proposed, not during the rezoning process since no specific projects have been proposed. I disagree with that view. Washington State Department of Ecology (DOE) gives guidance on the SEPA process for Non Project Actions: https://ecology.wa.gov/Regulations-Permits/SEPAIEnvironmental-review/SEPA-guidance/Guide-for- lead-agencies/Non-project-proposals This guidance states "When a nonproject action involves a comprehensive plan or similar proposal governing future project development, the probable environmental impacts that would be allowed for the future development need to be considered." DOE considers traffic and water two of several elements to be considered: https,//ecology.wa.gov/Regulations-Permits/SEPAIEnvironmental-review/SEPA-guidance/SEPA- checklist-guidance I applaud the City doing a Traffic Impact Analysis (TIA) with the SEPA determination. That analysis is in the spirit of the guidance noted above and was missing from the previous rezone SEPA DNS. The TIA assumes that the S. 376th will be extended from Regency Woods to the Milton Road. As you heard in the 2/6/19 Planning Commission Meeting, this extension is unacceptable to the local residents of Regency Woods and Brittany Lane. Since we are in the process of changing the City's Comprehensive Plan, can this minor collector road extension be removed from the Comprehensive Plan? With respect to the water environment, no additional analysis of stormwater impacts on the Hylebos Watershed was done as part of the SEPA process for the Milton Road Rezone. The City, I believe, assumes that construction to the existing codes adopted by the City of Federal Way will be sufficient —to mitigatu d •th +�,- as su tien. The Hyle *s Water Shed plan states that "Urban Development Causes Reduction/ Degradation of Habitat" and proposes the adoption of "Low Impact Development (LID)/Green Stormwater Infrastructure (GSI) methods for new developments." Adoptions of these methods goes beyond the King County Surface Water Design Manual that is adopted by the City. The Watershed Plan can be found here: https://www earthcorps org/ftp/ECScience/Hylebos/HylebosWatershedPlan 2016.pdf Further, the guidance from DOE on Non Project Actions states: "SEPA review for nonproject actions requires agencies to consider the "big picture" by: • Conducting comprehensive analysis Addressing cumulative impacts • Considering possible alternatives • Outlining successful mitigation measures" With the redevelopment of the Weyerhaeuser complex coupled with the proposed Rezone of the Milton Road area, the City is failing to look at the cumulative impacts on the East Hylebos creek system. This fact alone I believe challeges the overall finding of non -significance in this SEPA DNS. The City of Federal Way is growing and expanding rapidly. The City last did an Environmental Impact Statement (EIS) in 1995, with a majority of the work was done in 1993. The EIS was predicated on a combination of two Land Use concepts and looked out for development for 20 years. Our City has embraced some elements of those two concepts, but has expanded beyond the scope of those concepts. It's been 24 years since the City has conducted a comprehensive environmental review of the entire city. Writing a new EIS would allow citizen input on what codes, policies and practices the city should adopt to preserve the environment in Federal Way and would allow the city to address the cumulative impacts to the Hylebos system from overall City development. I propose that the City take a step back from the Milton Road Rezone and conduct a thorough EIS for the entire city. This year the City is considering light rail extensions in the City, a light rail maintenance facility, a high density mix use project near the commons, the redevelopment of the Weyerhaeuser property, and the Rezone 55+ acres near the Milton Road. If this level of development doesn't trigger a larger environmental review process in the City, I ask what would ever trigger a new comprehensive EIS from the City?? In summary, I am asking for the S. 376th extension be removed from the City's comprehensive plan and for the City to conduct a new city wide EIS. Thanks, Margaret, for all your time and support. Mark Spaur 37611 17th Pl. S. Federal Way, WA 98003 Tina Piety From: Loren Neighbors <lorenwneighbors@yahoo.com> Sent: Thursday, January 17, 2019 1:47 PM EXHIBIT To: Margaret Clark Cc: Doc Hansen S Subject: Milton Road Rezone Comments Shannon and I are the owners of the five acre property at 1515 So. 272nd St. S located in the identified area for rezoning to either RS 7.2 or RS 5.0. We are in support of the proposed action. We also want to express our desire for rezoning to the RS 5.0 level, as there is a dire need for middle class housing in the area near good mass transit (freeways, buses and upcoming light rail). This would allow for development to be financially feasible. Thanks for your time, Loren Neighbors 206-348-7392 Shannon Neighbors 206-550-9971 1515 So. 372nd St. So. Federal Way, Wa. 98003 Draft Minutes of the February 20, 2019, Planning Commission Public Hearing ADDITIONAL PUBLIC COMMENT RECEIVED Margaret Clark From: Diane Evans <ladydi98_99@yahoo.com> Sent: Wednesday, February 20, 2019 7:30 PM To: Tina Piety, Margaret Clark Subject: Oppose 324th Road Extension and Milton Road Area Legislative Rezone As homeowners in Regency Woods, we strongly urge you not to move forward with the City's proposal to rezone the area south of 369th and North of South 376th Street along Milton Road from R 35 (one home per every 35,000 square feet) to as compact as R 5.0 (one home per 5,000 square feet). We purchased our house in Regency Woods almost twenty years ago because we were drawn to an area that's quiet, safe and is dedicated to protecting woods and wetlands. Now, we're extremely concerned about how these proposals will compromise the safety of our neighborhoods. Before a final decision is made on these proposals, we implore you to have project staff: Conduct an updated Environmental Impact Study to determine existing conditions (since the last study was completed in the '90's) and determine any the negative impacts that these proposals will create. Study the impacts and potential safety solutions to traffic increasing exponentially around Wild Waves, especially during peak seasons when visitors park in adjoining streets and how trucks from Lloyd Enterprises (gravel) along with semitrucks trying to get around traffic on Highway 99 and 1-5. • Contact affected residents in the City of Milton (e.g. Copper Creek residents and Meridian at Stone Creek senior living community) and report back to the public on their responses to these proposals - especially given how deforestation and additional traffic on roads adjacent to their communities are already experiencing extreme congestion. • Contact staff, planning commissioners and elected officials at the City of Milton and report back to the public on how they plan to address increased traffic and the associated human and wildlife safety issues. o For example, will a traffic light be placed at Milton Road and South 376th and at Milton Road and Porter Road and to control the existing and future congestion? Currently, turning south on Porter Road from Milton Road is dangerous, especially during peak hours. Children waiting for the school bus or anyone trying to walk or ride their bike is treacherous without any buffer from cars that can't see them due to blind corners and no street lights on the Federal Way section. Please help us to continue enjoying living in this neighborhood by allowing children and families to safely walk, ride bikes and play in nearby community parks while sharing the protected wetlands and woods with wildlife. Thank you, Diane and Melinda Evans Draft Minutes of the February 20, 2019, ---Plan n_in_g____ Com mission Public Hearing_-_-_ CITY OF FEDERAL WAY PLANNING COMMISSION February 20, 2019 City Hall 6:30 p.m. City Council Chambers MEETING MINUTES Commissioners present: Wayne Carlson, Lawson Bronson, Hope Elder, Tom Medhurst, Tim O'Neil, Diana Noble-Gulliford, Dawn Meader McCausland, Dale Couture, and Eric Olsen. Commissioners absent: None. City Staff present: Community Development Director Brian Davis, Planning Manager Robert "Doc" Hansen, Principal Planner Margaret Clark, City Traffic Engineer Rick Perez, Deputy City Attorney Mark Orthmann, and Administrative Assistant E. Tina Piety. CALL TO ORDER Chair Carlson called the meeting to order at 6:30 P.M. APPROVAL OF MINUTES The February 6, 2019, minutes were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING: 2018 Comprehensive Plan Amendments/324`h Road Extension City Traffic Engineer Perez delivered the staff presentation. He went over the proposal and its history. The original reason for an extension of 324"' is to improve access to and from the City Center. As part of the proposal, staff recommends bicycle/pedestrian access to 32nd from 324"' as part of the continuation of the BPA trail. Commissioner O'Neil asked for clarification that the city will get the land from IRG. Engineer Perez stated that when they develop, the will give the city the land for the road (and thereby will not have to pay any traffic impact fees). Commissioner O'Neil asked who will pay for the road. Engineer Perez replied that the city is working on funding. Chair Carlson opened the meeting for public testimony. Richard Pierson — He has written comments he will submit. He is opposed to the proposed extension. One reason is he feels it will have adverse effects on other aspects of the comprehensive plan. He feels the existing alignment is a way to add a ring road on the east side. He commented that to access 32nd from the proposed extension, one would have to make two left turns and a right. Left turns lead to more accidents than right turns. He is also concerned with the safety of the intersection of the proposed 324"' and Weyerhaeuser Way because it will be on a curve. It is not clear how the proposed road will bisect East Campus. Planning Commission Minutes February 20, 2019 Suzanne Vargo — She spoke in opposition of the proposal. She noted that the retention pond that was put into place in the 70s will be removed and a large retention pond put on North Lake. She does not think this is a good idea for the hydrology and environmental sensitivity of the area. We need to leave something for the future. She also noted that the Olympic pipeline would have to be moved and is concerned about the safety (mentioned the pipeline accident that had happened in Whatcom County). An accident could be catastrophic for our area as these are the headwaters of the Hylebos. Public testimony was closed. Commissioner O'Neil is concerned over the amount of road building that would be necessary for this project. Can DaVita work with the city to leave the plan as it is? Engineer Perez commented that they presently lease a building to the west and want only a parking lot between the buildings. The city was unable to come up with an alignment that would allow this. In the current plan, the road would go right through their proposed building. Commissioner O'Neil asked if the city will plan for a round -about at Weyerhaeuser Way and 324`". Engineer Perez stated the city will consider it. It would help address the concern with left turns. He went on to say the city will be looking for some of the funding to come from the state. It will be a multi -phase project with a cost likely of over'/4 billon. He expects it will be six to ten years for the first phase. Commissioner O'Neil asked if the city will be moving the retention pond as stated. Engineer Perez stated the city has no plans to move the retention pond. Commissioner Medhurst commented that he feels the proposal will lead to a redundant road to accommodate a developer; a road that from a traffic standpoint we don't need. Engineer Perez commented that since staff hasn't completed an analysis for 324`", we don't know if the original plan would be sufficient to accommodate the proposed traffic. Commissioner Meader McCausland asked for clarification of the timing of this proposal. Why is the proposed extension needed right now? Engineer Perez stated that DaVita has submitted their land use plans to the city and will be unable to develop according to their plans unless the proposed extension realignment is granted. They will abandon the project, and likely the city has a whole, if the realignment is not approved. The actual construction of the road likely won't happen for another ten years. Chair Carlson asked staff to show where the Olympic pipeline runs through the city. Engineer Perez commented that the city will have to deal with the pipeline whether this proposal is accepted or not. Commissioner Bronson suggested the Commission table until this fall until we know more about what will happen at the crossing where 324`" crosses I-5. Deputy City Attorney Orthmann explained that since this is a public hearing, the commission must take action as outlined in the staff report (adopt, not adopt, no recommendation, or adopt as modified). Timing is critical for the DaVita project. Commissioner Bronson moved and Commissioner Noble-Gulliford seconded to recommend that the proposed amendment not be adopted. Discussion was held of how denial of the proposed amendment will affect the DaVita project. The city doesn't have a firm timeline, but knows DaVita wants to break ground as soon as possible. Community Development Director Davis commented that DaVita may choose not to relocate to Federal Way if the realignment is denied. DaVita wants to consolidate their operations and their current proposed project is the best way for them to do that. The project is not feasible with the current road plan. He stated the proposed realignment is about connectivity and the road will remain in the comprehensive plan whether as currently proposed or realigned. The road will be needed because there is not enough capacity on 320`" to handle the future traffic. Chair Carlson commented that he supports the proposal. He appreciates that the city is considering a bicycle/pedestrian route. In addition, he feels employment opportunities should be considered. Commissioner O'Neil commented that he has Planning Commission Minutes February 20, 2019 walked in the area and feels there is no "good" answer, but considering it could bring in jobs, supports the proposal. Commissioner Bronson feels there much is going on in the area that are not certain and feels there hasn't been enough study of the impacts. A roll -call vote was held (Carlson, no; Medhurst, no; Bronson, yes; Elder, no; Noble-Gulliford, no; Meader McCausland, no; O'Neil, no) and the motion failed. Commissioner Bronson moved and Commissioner Elder seconded to recommend that the proposed amendment be adopted. There was no further discussion. The vote was held and the motion carried (unanimous). The public hearing was closed. PUBLIC HEARING: 2018 Comprehensive Plan Amendments/Milton Road Area Legislative Rezone Planning Manager Hansen delivered the staff report. He went over the history of the proposal. He also explained the SEPA process, significance, and the differences between project and non -project actions. The city received 37 comments in opposition to the proposal and two in favor. Manager Hansen gave a summary of the comments. He noted they deal with project issues as opposed to the non project proposal. Project issues will be considered when a project is applied for. He noted the only change proposed is the change to the zone (apartments are not allowed in the proposed zone). Chair Carlson opened the hearing for public testimony. Suzanne Vargo — She is speaking for the animals and trees/vegetation. The typography is Vashon Till (sandy loom). She asks that the city perform an EIS for the entire area. She noted the restoration of the Ellingson wetland has not been fulfilled and it has been two years. The city sounds like they expect nothing to happen once the rezone takes effect. People will build more houses once the rezone is in effect. She is concerned for the pipeline, the aquifer, and typography. She requests the city have a hydrological critical areas assessment done. Roger VonDoenhoff — He is against the proposal. It will lead to traffic, crime, and detrimental environmental impacts. The city says this is a non -project action, and therefore project issues don't matter, but the intent is to allow projects to happen. Yes, there are regulations, but the intent is to make developments work. This is the appropriate time for us to express our concerns. The city needs to consider all the impacts and how to mitigate them. He asks that the city consider RS 15 zoning and that the road through his property be deleted. Mark Spaur — He gave the Assistant Piety a copy of his PowerPoint presentation to be included with the minutes. He disagrees with what Manager Hansen said that project issues should not be considered as part of a non -project action. Future development needs to be considered. The 1995 EIS didn't consider this area because it was not a part of Federal Way at that time. He went over a number of regulations he feels the city did not address adequately. A number of projects have been done in this area and the city should do a comprehensive EIS that considers all the changes. He asks the city take into account regulations for low impact development. Rick Beard — One of the original applicants for the proposed rezone. The Puget Sound area is in the midst of a housing crisis. In order to keep people from homelessness, we need houses. Building more homes will help everyone. Lesley Roth — She lives in Brittany Lane. She is concerned with the environment and pipeline. She suggested an updated EIS be done to consider all factors. She is not against growth, but it needs to be done in a measured and understood way. Pam Otteson — She lives within the rezone area. She is in favor of the proposal. When you drive down 19"' Way South you will discover it ends in a barrier, like it should have gone farther. There are 19 driveways on it and the road is wide with adequate sight distance for each driveway. There are 12 driveways on Milton Road, but the road is not very wide and the driveways all have inadequate sight distance. If the area is developed, Milton Road would be widened and there will be sidewalks. Planning Commission Minutes February 20, 2019 Yuri Zaharchuk — He is opposed to the proposal. A lot of older people and kids walk and ride their bikes on 19`x' Way South. He is concerned for their safety. They have a lot of problems with crime. Robert Coleman — He agrees with the idea of removing the proposed minor collector from the comprehensive plan. It will become a major through thru if it is built. There is a major school bus stop in the area. There is a sign stating compression brakes may not be used, meaning truck traffic is allowed. Mary Perron — She lives near Wild Waves and sees a lot of crime. People park on the outskirts of the park and ignore the no parking signs. She doesn't feel safe. They hang out in the cars and drive too fast. Darrin Beam — Punching through the road will lead to more traffic. They have a fantastic neighborhood that would be destroyed. There is a lot of drug activity in the area. Punching the road through will lead to more homelessness in the area. Arnie Ellingson — One of the original applicants. He has four properties in the area. He has been trying for five years to rezone. He wants to retire. Most of the people testifying have houses already. They want his trees to stay to protect them from the noise. The city has an ordinance stating that a certain number of trees must stay if the property is development. He wants to be able to develop his land. Edith Neether— She is one of the original applicants. She has lived in the area since 1968. She went over the history of the area and noted she has a right to develop her property. She feels her area is neglected. The road is dirty and traffic is very bad. She and her husband want to move. Alex Costin — Regency Woods and Brittany Lane are one of the best kept secrets in Federal Way. It is shielded from the noise of I-5 by the trees in the proposed rezone area. If the trees go, the noise will become unbearable. He is also very concerned about the crime in the area. He feels he is forced to keep loaded guns in his house due to the crime in the area. The city needs to consider the long-term impacts. Many people have already moved out of the area because of crime and traffic, and the rezone will only increase the problems. Sherri Stanton — She lives in Regency Woods. She opposes the rezone. She suspects the rezone will have a negative impact on her neighborhood, Families in the neighborhood want a safe place to raise their kids. They want to feel the city supports them. And they want a clean environment. Roger Swenson — He lives next to Wild Waves. He has seen a lot of wildlife in his yard (including cougars and bears). When they redid Milton Road not long ago, they made his driveway steeper. More work on the road will make it even steeper. This makes it hard for him and his wife to get out of the driveway. He sees people doing drugs and has had people attempt to steal his vehicles. Growth happens, but he is concerned with the crime it is bringing. The public testimony was closed. Commissioner O'Neil agrees that if the area is rezoned, people will soon begin to develop the area. He is concerned with the infrastructure. We need to be sure we have the infrastructure to support the development. Specifically, he is concerned if the city will be able to support the traffic and if the schools will be able to support the influx of students. In addition, he has heard that Lloyds plans to redevelop with multi -family, which while not in Federal Way, will send more traffic through Federal Way. Planning Commission Minutes February 20, 2019 Commissioner Noble-Gulliford asked how citizens would apply to remove the proposed road from the comprehensive plan. Engineer Perez explained the procedure. She then asked if a cluster development be allowed. Manager Hansen responded that currently cluster development is a demonstration project in the code. Per the current code, there would not be a change of density with a cluster development. There would have to be a code amendment to allow a cluster development in this area. Discussion was held about how many houses might be developed in the proposed rezone area. Staff feels when taking constraints into consideration, up to 144 houses could be developed in the area. Commissioner Medhurst doesn't understand why the city is pursuing a rezone of this area when the owner (Mr. VonDoenhoff) of 20 percent of the land opposes the rezone. Manager Hansen commented that the city is considering the long range impacts. It takes into consideration the comprehensive plan policy of infill development. The city's analysis shows that an area zoned compatible with adjacent areas is "protected" and will create an area in which the density is not increased. He also noted that changing the zoning doesn't require the property to make changes. Discussion was held in regards to the proposed 376t" street. Engineer Perez noted that one of the concern of the city is connectivity, which is why 376t1i is shown extended. Engineer Perez has heard that Lloyd's is interested in developing warehouses. If this happens, Federal Way would be opposed to any plans that would send trucks to the north. The city would expect developers to improve roads to allow trucks to travel south. Commissioner Meader McCausland asked if there are any planned improvements to Milton Road. Engineer Perez commented that is in the comprehensive plan to be widened to two lanes, but this is not a high priority, so is many years away. There are many competing priorities. Commissioner Meader McCausland would like to see an additional environmental study in this area. Commissioner O'Neil asked if the school district has any say in the proposed rezone. Manager Hansen replied that the city notified the school district of the proposal and they had no comment. Attorney Orthmann commented that school impact fees will help with any impacts. Commissioner Bronson moved and Commissioner Noble-Gulliford seconded to recommend that the proposed amendment be adopted as proposed. There was no additional discussion. The vote was held and the motion carried (six yes and one no). The public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting adjourned at 9:30 P.M. KAPIanning Commission\2019\Meeting Summary\Meeting Summary 02-20-19.doc Planning Commission Minutes February 20, 2019 Thank you Council for this opportunity to speak. St", Zcr.rye Vq o Here are the reasons why changing the zoning for this area is a bad idea. Topography: The make up of the land according to soils Maps are Vashon Till, with Sandy Loam being prevalent. And we have the Lloyd's sand pit as visual. The zoning according to an, 1952 King County Planning Commission study has this to say about decisions regarding this Highly Sensitive Area.: The Soils Map shows soils with slide characteristics and slopes more than 25%, that the slide potential is such that permanent forests use is recommended and residential development at its densest should be no more than one house per acre. The Commission adds that the slide characteristics do not manifest themselves until, land is cleared, roads are constructed and so on. It is too late to fix the problems. The zoning in this area one home per 35,000:These are the reason given for this zoning. • A designation of low density designation is considered as an additional means to limit the amount and rate of surface water runoff and soil erosion with in the Hylebos Creek Drainage Basin. • Urban design and aesthetics are important to the community and affected by density. Low density designations are made in portions of Federal Way as a means of protecting a rural character, preserving a visual image of trees and protecting the edges of the FW Community. • The KC Comprehensive Plan's INTENT to consider neighborhood characteristics and community sentiment in determining the appropriate level of density is reaffirmed. • In fact on April 9, 11,979 the County Council passed Motion No. 4132 approving reclaim reclassification. • To preserve and protect environmentally sensitive areas and agricultural land. • The winery is a beautiful example of how low density can be attractive economical, and helpful to the lands. The city should be more receptive to supporting these unique businesses in our sensitive areas. • Aquifer: This area is also a part of the Redondo -Milton Channel Aquifer. Just one more reason it is considered Highly Sensitive. Please consider FWRC Title 19, Chapter 145, Article V Critical Aquifers and read on the restrictions for development. Also note the Aquifer FWRC 19.145.80 "Prohibited Activities in Six -Month and One Year Capture Zones would apply. • The Olympic pipeline runs under the desired rezoning areas well. The pipeline according to City code should not be allowed at this time. Installed in the 60's the line is aged out, and permits must be required from all stake holders in which FW is one. The #1 failure to these pipelines is developers. We can not afford to have a Whatcom County in our Conservancy area. No amount of money should allow such a terrible idea. I ask that the City conduct a Hydrogeological Critical Area Assessment Report prepared by a qualified groundwater scientist determining the potential impacts of contamination on the aquifer. • Also please consider the critical buffer of trees as they serve our community well. These trees were protected for a reason. It is the mitigation for Brittany Lanes Wild Waves and Regency Woods. Why when more pressures than ever on this area, would we think these could be removed without any consequences. This is foolish thinking. As planners it is important to know your history. Some percentage must remain in any said area of development. The allotments have been done. Buildout was accomplished. You can't keep taking the same percentage of the pie every time you develop. • These trees aid in the macrobenthic invertebre that are the primary food for the salmon. They travel throughout the creek and depend on the trees, stones, and waters for food and habitat. Destroying this critical tree buffer is depleting the creek that supports our aquifer and the habitat that dwell with in it. • • I will stop here and say I don't understand how topography and hydrology, historical facts, and past recommendations and not important factors here. This land was completely dismantled in the 50's with the construction of 1-5. This area gets built out with Wild Waves, Brittany Lanes, Regency Woods, Todd Beamer and Park 16. All mentioned in your Hylebos Plan as areas we should never allow in the future. Example Wild Waves being allowed to use Mud Lake and turn it into an impervious water feature. When is enough, enough? What has been saved in our city? Why is nothing more important than the all mighty dollar? City Comp Plans state sit is the cities responsibility to provide healthy, high quality of life now and for generations to come. • This is why we come to you. You are the only that will make these decisions. What BAS do you have that would warrant going against past King County Commissions logical and thoughtful zoning for this area? • Thank you for your time. I hope this information will be heavily considered in your up coming decision. February 20, 2019 Federal Way Planning Commission: I am aggrieved by the City of Federal Way determination of Nonsignificance (File No. 18 -105898 -00 -SE) the extension of proposed South 324th Street to Weyerhaeuser Way South with the elimination of the connection to 32end Avenue South for the following reasons at this point: Subjecting Weyerhaeuser Way South to approximately 5,000 vehicles per day (p.14) does not recognize the traffic dispersion incorporated into the 2015 Comprehensive Plan utilizing both 32end Ave. S. (to S.3201h and North) and Weyerhaeuser Way S. (via S 323rd Street). For traffic to proceed on the possible. ring road to the East of I -S going from the comp plan S 3241h St. to S 3121" 5t and onward to Military Road., with the extension of 324th to Weyerhaeuser Way S., this "ring road" traffic whose apparent objective is to disperse traffic from the city center will have to take a left turn onto Weyerhaeuser Way South and then another left turn onto S. 320th St. and finally a right turn onto 32end Ave S (north transit of "ring road") to S. 312th St. where it will pass over 1-5 to the edge of the current city center.. This is a needles revision of traffic volumes created by the proposed extension of 3241h St. adding driving time and additional safety risks created by two additional left turns and a right turn to get back on the extension of 32end Ave S. North, Exhibit B of the DNS (12/21/ 2018) clearly shows the extension of 32end Ave. S to the north of S. 320th St. This will have an adverse effect on the other aspects of the comp plan. Also an added safety issue related to the intersection of the proposed extension and Weyerhaeuser Way which at that point is on a curve was not reviewed. This proposed change in response to Staff Comments VI. 1(5) is not clear how this extension prevents the bisecting of a road through what they call the East Campus. 3241h St. will go primarily along the north boundary of CP -1 and per the comp plan into OP -1 to the North. In addition by my estimate the extension will require about 200 more feet of road construction requiring extra costs and crossing a gas pipeline which will bring additional costs to the project and more environmental loss associated with road building. Also under the proposed determination all of the increased traffic volume of 5,000 vehicles will go onto Weyerhaeuser Way South instead of being dispersed both onto Weyerhaeuser Way South and 32end Ave. South and its extension north. In addition to the 5,000 vehicles, cited in the DNS the 2015 Comprehensive Plan and no evidence has been presented that the 5,000 vehicles above recognized the proposed developments of DaVita and Industrial Reality Group's permit estimates to be initially 7,000 additional vehicles and 800 trucks per day. Staff did not provide a response to review of their data in light of the additional traffic from city applications for development. Relative to the SERA Environmental Check List item 8. b., forest land use has been practiced on the proposed street extension consistent with 1994 Concomitant Agreement requiring a "Managed Forest Buffer" around the perimeter of the property. Not constructing the extension of S.324th St. to Weyerhaeuser Way South will maintain the retention of the Managed Forest Buffer along the proposed realignment. Check list item 12. b. statement that the extension of S.324 1h street would "not displace any existing recreational use is challenged given the depiction of a trail in the City of Federal Way's "Weyerhaeuser Headquarters Site Conditions and Considerations" document, January 2015. Staff did not dispute this fact. I recommend that the City of Federal Way not adopted the proposed comp plan amendment for the extension of 324th S. to Weyerhaeuser Way as proposed in, this DNS. It does have significant impacts to traffic safety, recreation, budget and the environment. Richard Pierson 3516S.336 th St. Federal Way, WA 98001 I W Z 0N LU Cie Z O J 64, i E 54 ■ ZV) m V w F- u Q V J � Q u F- W W m O Z W G. 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J O U z In o O z a � Cke O a Q LL -O Z o :�: z a zQ O Z Z0O Q O O CL o::X z X p Z Lu W J w Z Q Z LU 04 zCie Z) p U m 6 w w Z = V) ~ LU ~ Q 3 Z W W LU J Y 0 Z Z < Lu '- " O "' 3 O o W cz CL U0- O � cn J W D > N Q W Q � H z O ~ uU w 3ZLu Q Y � = 7- V) N ►- Q Z ►_- 0 o w 7 c �O �Lu Z Q Q J0,W Q Z � _ a o m O Z W in N V)1- m � w LU 0� 5� w m O Ci - Q = C� 7 W 3 z Z W O ~ 0� m V N = W z W H O C) U- = o v> O U.jJ Z F— W N O oe 1 E i U- O (n wLU w m w J Z � Z Q O ce 0 a Q w Q z w Ul 0 z w O > J F LU O ~ = ci LU Z O za Uj Z a LU w Z ,Q _ Q V 3: O M N LL 0 Z O z W W = f— a Z w m= cin CLU 'i 0- V) Z U.J O V N 0 0 Z O J ::E- W �' O w O Z N w In z 0 Z ED F -V) x Uj Uj _ H O ~ v V Q w F uj Q Q ~ z W O � Q o J O >- cN N H w O m O � in Z Q cn W Cieo ' `: z O N LU Q F=- u - 0 Q Q E i ADDITIONAL PUBLIC COMMENT RECEIVED Margaret Clark From: Diane Evans <1adydi98_99@yahoo.com> Sent: Wednesday, February 20, 2019 7:30 PM To: Tina Piety, Margaret Clark Subject: Oppose 324th Road Extension and Milton Road Area Legislative Rezone As homeowners in Regency Woods, we strongly urge you not to move forward with the City's proposal to rezone the area south of 369th and North of South 376th Street along Milton Road from R 35 (one home per every 35,000 square feet) to as compact as R 5.0 (one home per 5,000 square feet). We purchased our house in Regency Woods almost twenty years ago because we were drawn to an area that's quiet, safe and is dedicated to protecting woods and wetlands. Now, we're extremely concerned about how these proposals will compromise the safety of our neighborhoods. Before a final decision is made on these proposals, we implore you to have project staff: • Conduct an updated Environmental Impact Study to determine existing conditions (since the last study was completed in the `90's) and determine any the negative impacts that these proposals will create. • Study the impacts and potential safety solutions to traffic increasing exponentially around Wild Waves, especially during peak seasons when visitors park in adjoining streets and how trucks from Lloyd Enterprises (gravel) along with semitrucks trying to get around traffic on Highway 99 and 1-5. • Contact affected residents in the City of Milton (e.g. Copper Creek residents and Meridian at Stone Creek senior living community) and report back to the public on their responses to these proposals - especially given how deforestation and additional traffic on roads adjacent to their communities are already experiencing extreme congestion. • Contact staff, planning commissioners and elected officials at the City of Milton and report back to the public on how they plan to address increased traffic and the associated human and wildlife safety issues. o For example, will a traffic Tight be placed at Milton Road and South 376th and at Milton Road and Porter Road and to control the existing and future congestion? Currently, turning south on Porter Road from Milton Road is dangerous, especially during peak hours. Children waiting for the school bus or anyone trying to walk or ride their bike is treacherous without any buffer from cars that can't see them due to blind corners and no street lights on the Federal Way section. Please help us to continue enjoying living in this neighborhood by allowing children and families to safely walk, ride bikes and play in nearby community parks while sharing the protected wetlands and woods with wildlife. Thank you, Diane and Melinda Evans