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05-16-2023 Council Packet - RegularCITY OF �. Fe deral Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall — Council Chambers* May 16, 2023 — 6:30 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S EMERGING ISSUES AND REPORT • Recent Community Events: I'm Hooked Outdoor Experience at Steel Lake (5/6); Senior Health and Resource Fair (5/11); Opening Day for the Farmer's Market (5/13) • Upcoming Community Events: Touch -A -Truck Event at Wild Waves on Saturday, May 20; Marine Hills Swim & Tennis Club Parade on Saturday, May 20; MSC's Spring Into Action Dinner & Auction on Saturday, May 20 at the Hyatt Regency Lake Washington; South King County Athlete Fund Breakfast, Saturday, June 3 at Emerald Downs; and Federal Way Arts Explosion Gallery on Saturday, June 3 at the Performing Arts & Event Center 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. PRESENTATIONS a. Proclamation: Affordable Housing Week - May 7-13 b. Proclamation: Public Works Week - Mav 21-27 c. Proclamation: Mental Health Month — May 2023 d. Hanwoori Garden and Korean Pavilion Update — Ray Robinson 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 • Deputy Mayor & Regional Committees Report • Council President Report 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: May 2, 2023 Regular and Special Meeting Minutes b. Limited License Agreement with the City of Kent c. Resolution: Setting a Public Hearing Date for the 2024-29 Transportation Improvement Program for June 20, 2023 d. Pacific Highway S Non -Motorized Corridor Phase 1 — Authorization to Bid e. Washington Auto Theft Prevention Authority 2023-2025 Auto Theft Program Grant on behalf of Puget Sound Auto Theft Task Force f. MacDonald Miller HVAC Maintenance Agreement Amendment No. 2 8. PUBLIC HEARING a. Amendments to the City Comprehensive Plan and Parks, Recreation Open Space Plan (PROS Plan) * • Staff Report: Evan Lewis, Associate Planner • Public Comment — 3 minutes each *Action on this item will occur at Agenda Item 10 — Ordinances. b. Park Impact Fee Zoning Code Amendment* Staff Report: Jason Gerwen, Dep Parks Director Public Comment — 3 minutes each *Action on this item will occur at Agenda Item 10 — Ordinances. c. Housing Action Plan Implementation Code Amendments* • Staff Report: Keith Niven, Community Development Director • Public Comment — 3 minutes each *Action on this item will occur at Agenda Item 10 — Ordinances. d. 2023/2024 Biennial Budget Amendment* Staff Report: Steve Groom, Finance Director Public Comment — 3 minutes each *Action on this item will occur at Agenda Item 10 — Ordinances. 9 COUNCIL BUSINESS a. Diversity Commission Appointments b. Youth Commission Appointment c. Arts Commission Appointment The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 10, ORDINANCES First Reading a. Council Bill #848/Ordinance: Amendments to the City Comprehensive Plan and Parks, Recreation Open Space Plan (PROS Plan) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE PARKS, RECREATION AND OPEN SPACE PLAN AND THE FEDERAL WAY COMPREHENSIVE PLAN CHAPTER 6, CAPITAL FACILITIES, TO INCORPORATE TWO NEW FUTURE PARKS AND TO FACILITATE ESTABLISHMENT OF A PARK IMPACT FEE. (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372,01-405, 03-442, 4-460, 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, 18-843, 19-866, 21-907, 22-938, AND 23-954) Staff Report presented during the Public Hearing Public Comment - 3 minutes each b. Council Bill #849/Ordinance: Park Impact Fee Zoning Code Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ESTABLISHMENT OF A PARK IMPACT FEE; ADDING A NEW CHAPTER 19.92 TO TITLE 19 OF THE FEDERAL WAY REVISED CODE, INCLUDING SECTIONS 19.92.010, 19.92.020, 19.92.030, 19.92.040, 19.92.050, 19.92.060, 19.92.070, 19.92.080, 19.92.090, 19.92.100, 19.92.110, 19.92.120, 19.92.130, 19.92.140, 19.92.150, AND 19.92.160. • Staff Report presented during the Public Hearing • Public Comment - 3 minutes each c. Council Bill #850/Ordinance: Housing Action Plan Implementation Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO INCORPORATING CODE AMENDMENTS TO THE COMMUNITY BUSINESS (BC), CITY CENTER CORE (CC-C) AND CITY CENTER FRAME (CC-F) ZONES TO BOOST HOUSING PRODUCTION; AMENDING FWRC 19.95.020, 19.95.030, 19.95.040, 19.95.050, 19.110.010, 19.220.050, 19.225.070, AND 19.230.060; ADDING NEW SECTIONS FWRC 19.95.045, 19.95.047, AND 19.95.057; AND REPEALING FWRC 19.95.065. (Amending Ordinance Nos. 90-43, 93-170, 95-249, 96-270, 97-291, 97-293, 97- 306, 02-424, 06-515, 06-542, 07-554, 07-559, 08-585, 09-600, 10-678, 12-727, 12-735, 14- 757, 16-822, 17-834). • Staff Report presented during the Public Hearing • Public Comment - 3 minutes each d. Council Bill #851/Ordinance: 2023/2024 Biennial Budget Adjustment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2023-2024 BIENNIAL BUDGET. (Amending Ordinance No. 22-941) • Staff Report presented during the Public Hearing • Public Comment - 3 minutes each The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 Second Reading/Enactment e. Council Bill: #847: Ordinance Relating to Misdemeanor Possession of Controlled Substances; Adding New Section 6.1.130 to Chapter 6.10 FWRC AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO MISDEMEANOR POSSESSION OF CONTROLLED SUBSTANCES; ADDING NEW SECTION 6.10.130 TO CHAPTER 6.10 FWRC. 11. COUNCIL REPORTS 12. EXECUTIVE SESSION • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) 13. ADJOURNMENT The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 Federal Way ,� PROCLAMATION "Affordable Housing Week" WHEREAS, all people should have access to safe, healthy, and affordable homes within communities that provide opportunity; and WHEREAS, the COVID-19 pandemic has exacerbated many existing financial constraints for low— and moderate -income households; and WHEREAS, everyone benefits from affordable housing, including the people who reside in these properties, their neighbors, businesses, employers, and the community as a whole; and WHEREAS, people, organizations, and communities throughout King County are utilizing local Affordable Housing Week activities to raise public awareness of the need for full community participation; and WHEREAS, the City of Federal Way firmly commits itself to ensuring that our community's recovery from the crises at hand is equitable, and that all people in Federal Way live with dignity in safe, healthy, and affordable homes; and NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim May 7th through May 13th, 2023 as AFFORDABLE HOUSING WEEK, and call upon all citizens to encourage opportunities for affordable housing in Federal Way. SIGNED, this 16th day of May, 2023. FEDERAL WAYMAYOR AND CITY COUNCIL Jim Ferrell, Mayor wyl— ____Susan Nonda, D,puty Mayor Councilmember Linda Kochmar, Council President Ly Assefa-paws -no auncilmemher -Hoanci Vrran, Councilmember 1 k Dove Co ncilmember CITY OF Federal Way PROCLAMATION "National Public Works Week" WHEREAS, public works professionals focus on infrastructure, facilities, and services of vital importance to sustainable and resilient communities and public health within the City of Federal Way; and WHEREAS, public works services include rebuilding, improving, and protecting our community's transportation, water supply, water treatment and solid waste systems, and public buildings; and could not be accomplished without the dedicated efforts of public works professionals including engineers, managers, and employees with both the private and public sector; and WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association and Canadian Public Works Association; and WHEREAS, the theme for this year is Connecting the World Through Public Works throughout the Nation; and NOW, THEREFORE, we, the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim May 21st through May 27th, 2023 to be NATIONAL PUBLIC WORKS WEEK, and call upon the City of Federal Way to pay tribute to the substantial contributions of the public works professionals in our com- munity. SIGNED, this 16th day of May, 2023. FEDERAL WAYMAYOR AND CITY COUNCIL 10.1i Nor k `• Honda, Qepury Mayor Councilmember Walsh, Councilmember a Linda Kochmar, Council President c_ _ LJOVL— d a Assefa-1 ❑uncilmember Hoang V. ran, Councilmember lack Davey ou ❑lmember CITY OF � k Federal Way PROCLAMATION "Mental Health Awareness Month" WHEREAS, mental health is essential to everyone's overall health and well-being; and WHEREAS, half of the population will experience some type of mental health challenge in the course of their lifetimes; and WHEREAS, prevention is an effective way to reduce the burden of mental health conditions; and WHEREAS, every person can make a difference in helping end the silence and stigma that for too long has surrounded mental illness by promoting mental wellness and support efforts; and NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim May 2023 as MENTAL HEALTH AWARENESS MONTH, and call upon the community to increase awareness and understanding of the importance of mental health and access to supportive services. SIGNED, this 16th day of May, 2023. FEDERAL WAYMAYORAND CITY COUNCIL (:; '0� r im Ferrell, Mayor `Susan Honda, Deputy Mayor Councilmember r-- Linda Kochmar Council President Ly ' Assefa-D on, ounc'slmemfoer HoarLd V. Tran, Councilmember J c c avey, quj ilmember COUNCIL MEETING DATE: May 16, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the May 2, 2023 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Attachments: May 2, 2023 Regular Meeting Draft Minutes May 2, 2023 Special Meeting Draft Minutes 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 DIRECTOR APPROVAL: Committee Council 111i9 ialil)aie Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 2& CIT V::k� Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers May 2, 2023 — 6:30 p.m. 1. CALL MEETING TO ORDER Council President Kochmar called the meeting to order at 6:32 p.m. City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton (remote), Councilmember Hoang Tran, and Councilmember Jack Walsh. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Council President Kochmar led the flag salute. Council President Kochmar announced Councilmember Norton was participating remotely, and excused Mayor Ferrell and Councilmember Dovey. 3. EMERGING ISSUES AND REPORT Statement from Mayor Ferrell: Council President Kochmar read a prepared statement from the Mayor. In light of the legislature's failure to act on drug possession laws ("Blake -fix") by the end of the regular session, Mayor Ferrell urged Council to support Council Bill #847, which creates a local law establishing it a gross misdemeanor to 'knowingly' possess a controlled substance. The statement further reported on the success of the recent trip to the Sister Cities of Hachinohe, Japan and Donghae, South Korea. He shared that unfortunately, he contracted COVID-19 at the end of the trip and is following protocols to remain in Japan under quarantine; he expects to return on Thursday, May 4. Sister City Trip Reports: Councilmembers Walsh, Tran, and Assefa-Dawson each shared their impressions and take-aways from the Sister City trip. Councilmembers were impressed by their pristine parks and lack of litter or graffiti; the Japanese and Korean cultures teach and value respect for elders, environment, and the community. Councilmembers acknowledged and thanked those who assisted with the trip planning and the Federal Way Korean Association for their financial support; the hospitality and graciousness from both cities were unmatched and unbelievably accommodating. Introduction of new Communications Officer: City Administrator Brian Davis introduced new Communications Officer David Solano, and provided his background and prior experience. Council welcomed Mr. Solano to the city. Federal Way City Council Regular Minutes Page 1 of 6 May 2, 2023 Recent Community Events: Policy Advisory Bill Vadino reported on recent events including the Grand Re -opening & Ribbon Cutting for Hampton Inn & Suites on April 19, and the Mayor's attendance at the Ribbon Cutting for New Grocery Outlet Bargain Market on April 20 at the former Met Market location. He reported on the Parks Appreciation Day held on Saturday, April 22, thanking Deputy Parks Director Jason Gerwen and staff for their coordination. The Earth Day Community Litter Clean -Up Event at Panther Lake Elementary was also held on Saturday, April 22 and was well attended. Upcoming Community Events: Policy Advisor Bill Vadino further noted upcoming community events including the National Day of Prayer on Thursday, May 4; I'm Hooked Outdoor Experience at Steel Lake on Saturday, May 6; Senior Health and Resource Fair at the PAEC on Thursday, May 11; Opening Day for the Farmer's Market on Saturday, May 13 at The Commons; and the Touch -A -Truck Event on Saturday, May 20 at the new location of Wild Waves. 4. PUBLIC COMMENT Cheryl Hurst provided an update on the March of Diapers Drive sharing the Federal Way community provided 12,633 diapers and 4,575 wipes out of the total of 412,019 diapers and 137,125 wipes collected. She presented the City a plaque in gratitude. Jan Molinaro, Mayor of Enumclaw, invited the councilmembers who are not currently participating with the Sound Cities Association (SCA) to attend their upcoming networking event on May 31. Geoffrey Tancredi reminisced on his time in the Army serving in South Korea. He spoke about the areas near the Home and Home Department store (former Top Foods) and behind the Dollar Tree noting they have been deteriorating and requesting they be cleaned up. Susan Strong witnessed a store manager having to confront two individuals who were camping beside a retail store, blocking the emergency exit. She encouraged council to get better control of the drug problem in Federal Way. Mychal Trawick expressed concerns about safety in Federal Way and shared how his neighborhood has been impacted. Dr. Mohammed Saeed, 44-year resident, shared his disappointment with increased crime in Federal Way. His neighborhood and his friends have seen an increase in crime in their neighborhoods the last few years. Chief of Police Andy Hwang shared the city has approved hiring thirteen additional officers and a lot of the challenges the communities are facing are the result of policies made at a state level. Anna Patrick stated concerns around House Bill 1110 including the increase of middle housing in areas traditionally dedicated to single-family detached housing. She is worried this will jeopardize the City's tax base. Kevin Morris asked for an update on the pool upgrades at the Community Center. Deputy Park Director Jason Gerwen provided an update on unforeseen delays to the project such as structural damage that was discovered along with permitting delays. Federal Way City Council Regular Minutes Page 2 of 6 May 2, 2023 Carolyn Hoover shared about her experience at a recent salmon release at the Hylebos Creek. While there she became concerned about the care of the waterways and highlighted the need to protect this environment. Lana Bostic promoted the upcoming Senior Health and Resource Fair being held at the Performing Arts and Event Center on Thursday, May 11 from 10:00 a.m. to 2:00 p.m. hosted by the Senior Advisory Commission. Natalie Ries expressed a desire to see an ordinance within the City to prevent habitual animal abusers from being able to continually obtain and own animals. Ken Blevens advocated for attendance at city council meetings to take a stand as residents and work to implement change in the City. Betty Tabor addressed the_ Special Council Meeting that took place before the Regular Meeting where code amendments for board and commissions where discussed. She felt that Commissions should have been invited to attend that meeting. City Attorney Ryan Call clarified that the content will be presented to council at a regular meeting in June. Jeremy Winzer shared his experience working with youth and hoped they could experience the Sister City relationship. He noted he has encountered issues with trying to find a gym for his youth program due to his felony background. Keegan _Provo believes tow companies are over charging for services and urged the City to take action to regulate tow company's charges. Dara Mandaville expressed frustration with the Sister Cities trip and that the City chose to fund that trip over addressing some other issues in Federal Way. She also followed up on the drug treatment plan presented at the February 7, 2023 Special Meeting. Bob Drake shared his support for the drug addicted city homeless program that was presented at the February 7 Special Meeting. He believes Council should be receiving Eyes on Crime Federal Way complaint emails, but noted they have not received a response. 5. PRESENTATIONS a. Mayoral Proclamation: Neurofibromatosis Awareness Month — May 2023 On behalf of Mayor Ferrell, Council President Kochmar read and presented the proclamation to Stephen Vacanti who accepted on behalf of his family, specifically his sister Ashley. He provided insight into the effects of neurofibromatosis in effort to raise awareness; he shared his hope for a cure. b. Proclamation: Older American's Month — May 2023 Councilmember Assefa-Dawson read and presented the proclamation to the Senior Advisory Commissioners. Chair Lana Bostic thanked the Council and noted their pride in serving the senior community; she encouraged attendance at the first Senior Health and Wellness Fair on Thursday, May 11 at the Performing Arts and Event Center. c. Proclamation: Asian American and Pacific Islander Heritage Month — May 2023 Federal Way City Council Regular Minutes Page 3 of 6 May 2, 2023 Councilmember Tran read and presented the proclamation to community partner Sania "Sonny" Leuelu. Mr. Leuelu thanked the Council and provided information on the importance of establishing connections and breaking down the communication barriers for first -generation families. He invited the Council and community to the Island Bowl on May 27 at Saghalie Park; this is an opportunity to share the Pacific Island culture and build relationships. d. Proclamation: Police Week — May 14-20 Deputy Mayor Honda read and presented the proclamation to Chief of Police Andy Hwang. Chief Hwang extended his appreciation for the level of support from Council as policy -makers; he also acknowledged the sacrifice the officers make every day for this community. e. King County Regional Homelessness Authority (KCRHA) Update Community Services Manager Sarah Bridgeford introduced Nigel Herbig, Intergovernmental Relationships Manager; Alexis Mercedes Rink, Director of Sub - Regional Planning and Equitable Engagement; and Abby Anderson, South King County Sub -Regional Planning Specialist. Ms. Mercedes Rink and Ms. Anderson provided background and information on the King County Regional Homelessness Authority 5- year plan and the entities progress to date. Ms. Anderson provided information on the scope and scale of homelessness; the current state of the homelessness system and how it is functioning; and how success is measured to reach the goal of bringing unsheltered people inside as quickly as possible to prevent death and further harm. Council thanked Ms. Anderson and Ms. Mercedes Rink for the information and presentation asking clarifying questions regarding the health care needs data, which identify 31 % of homeless individuals experience a mental health disorder; and 37% having a substance abuse disorder. Additional questions were asked regarding the definition of "accidental death"; the location of the identified emergency beds in South King County; the annual cost per housed person; and the status of the "Point in Time Count". Ms. Anderson and Ms. Mercedes Rink agreed to follow-up with answers to the questions they were unable to address during the presentation. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh reported the next committee meeting is May 9 at 5:00 p.m. He thanked everyone who participated in the Parks Appreciation event last Saturday, and extended praise to local student and American Idol contestant lam Tongi, who continues to do well. Land Use/Transportation Committee (LUTC) No report provided. Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Tran noted three items on the Consent Agenda were forwarded from committee to Council for approval. He thanked Councilmember Dovey for Chairing the FEDRAC Committee while he was out of the county. The next meeting is May 23 at 5:00 p.m. Lodging Tax Advisory Committee (LTAC) Councilmember Assefa-Dawson reported the next meeting is Wednesday, May 10 at 10:00 Federal Way City Council Regular Minutes Page 4 of 6 May 2, 2023 a.m. where they will be discussing the grant application for future programs and projects. Deputy Mayor & Regional Committees Report Deputy Mayor Honda noted the AWC conference registration is open and encouraged Council attendance. She reported on various regional committees including the PIC meeting and the numerous agenda items. She thanked everyone who attended Parks Appreciation Day and noted their commitment to keeping the parks healthy, and reported on other community events on the same day including the Little League Opening Day. She extended praise to lam Tongi on his continued success on American Idol. Council President Report Council President Kochmar also extended praise to lam Tongi and his family; she is proud to have a young person on the national stage who is talking about values and honoring his family. She reported on her attendance along with Deputy Mayor and Councilmember Assefa-Dawson to the United Stated Global Leadership Coalition, hosted by Congressman Adam Smith which discussed implications of climate change. She is concerned with the alarming rate of fentanyl deaths. 7. CONSENT AGENDA a. Minutes: April 18, 2023 Regular and Special Meeting Minutes b. Monthly Financial Report - March 2023 c. AP Vouchers 3/16/2023 — 4/15/2023 & Payroll Vouchers 03/01 /2023 — 03/31 /2023 d. Surplus of Community Development Vehicle #83260 COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A THROUGH D; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey excused Councilmember Norton yes 8. ORDINANCES First Reading a. Council Bill: #847: Ordinance Relating to Misdemeanor Possession of Controlled Substances; Adding New Section 6.1.130 to Chapter 6.10 FWRC AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO MISDEMEANOR POSSESSION OF CONTROLLED SUBSTANCES; ADDING NEW SECTION 6.10.130 TO CHAPTER 6.10 FWRC. City Attorney Ryan Call provided background on the Washington Supreme Court decision that invalidated certain state law provisions that made it a felony to possess specific controlled substances as the statute did not require the state to prove knowledge. In light of this ruling the State Legislature passed a temporary measure which focused on treatment options and referral requirements making criminal enforcement extremely difficult; this law sunsets on July 1, 2023. Attorney Call further noted if the state fails to pass a new statewide law it functionally legalizes the possession of narcotics and other destructive drugs. The proposed local fix is to enact an ordinance that makes knowingly possessing a controlled substance a gross misdemeanor. The new ordinance would be enforced by the Federal Way Police Department and prosecuted in the Federal Way Municipal Federal Way City Council Regular Minutes Page 5 of 6 May 2, 2023 Court. The language of the ordinance is identical to the original RCW with the addition of the word "knowingly". The City Attorney stated the Mayor strongly recommends the city does not allow a gap with this protective measure, even though there is a strong likelihood of the state passing a new law that would preempt local ordinances. Councilmembers thanked City Attorney Call and asked clarifying questions regarding the difference between misdemeanor and gross misdemeanor. Council also stated strong opinions on taking immediate action and encouraged the community to contact the state representatives on this issue. Public Comment: Alex Milsten spoke to the crime and drug use he sees in the city. He does not feel this ordinance will be effective and encouraged the Council to look for a better solution such as the Portugal model. Ken Blevens questioned data presented earlier in the meeting by KCRHA regarding drug addiction and homelessness; he noted his support for this ordinance and thanked Council for working together and taking -action. Anna Patrick thanked Council for questions raised earlier in the meeting during the KCRHA presentation. She would like to see a feasibility study done to identify the path towards treatment. City Clerk Stephanie Courtney read the ordinance title COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE MAY 16, 2023 COUNCIL MEETING FOR THE SECOND READING AND ENACTMENT. SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes 9. COUNCIL REPORTS No reports were provided. 10. ADJOURNMENT Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused There being nothing further on the agenda; the regular meeting was adjourned at 9:39 p.m. Attest: Stephanie Courtney City Clerk Approved by Council Federal Way City Council Regular Minutes Page 6 of 6 May 2, 2023 4k 4::� Federal Way CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers May 2, 2023 — 5:00 p.m. 1. CALL MEETING TO ORDER Council President Kochmar called the meeting to order at 5:03 p.m. City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Hoang Tran, and Councilmember Jack Walsh. Council President Kochmar announced Councilmember Erica Norton was attending remotely; Councilmember Jack Dovey is excused. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call and City' Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Council President Kochmar led the flag salute. 3. STUDY SESSION a. Various Code Amendments — City Volunteer Boards and Commissions Assistant City Attorney Joanna Eide provided an overview of the proposed code changes to the city volunteer boards and commissions sections of the revised code in an effort to make the standards more uniform. She provided the list of statutory Commissions which are guided by the RCW's and the Council created Commissions which help inform the decision -making process. Ms. Eide noted the general changes proposed including the consolidation and reorganization of sections, updated titles, and consistency of language. Additionally, the Commission purpose and goal statements were updated; roles were clarified; and new sections regarding civility and decorum were added. Language regarding quorum and membership levels was also adjusted to reflect current practices and consistency. Assistant City Attorney Eide further provided a specific report on each Commission code section to highlight additional modifications outside of the previously discussed general updates. Federal Way City Council Special Minutes Page 1 of 2 May 2, 2023 Council thanked Ms. Eide for the work on this project and the thorough presentation nothing their support for more consistency in the Boards and Commission. Clarifying questions were asked regarding calculating quorums, youth recognition, and regulations specifically relating to the Lodging Tax Advisory Committee. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 5:43 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 May 2, 2023 N COUNCIL MEETING DATE: May 16, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LIMITED LICENSE AGREEMENT WITH THE CITY OF KENT POLICY QUESTION: Should the Council authorize entering into a limited license agreement with the City of Kent to provide conduits for the city of Federal Way's fiber optic network? COMMITTEE: LUTC MEETING DATE: May 1, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John, Cole, EIT % - DEPT: Public Works/Engineering Attachments: 1. LUTC Memorandum dated May 1, 2023 2. Limited License between the City of Kent and the City of Federal Way 3. Exhibit A — Legal Description of Licensed Area 4. Exhibit B — Map of Licensed Area Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: (, Z DIRECTOR APPROVAL: 'e.� y1*z9"h3 Committee c6unciT Initial/Date Initial/Date initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the May 16, 2023 consent agenda for approval._ Chair :Fa1 Com ittee Member �o rla ty Tran. Committee Member PROPOSED COUNCIL MOTION: "I m approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances on!}) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 1, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, PE, Public Works Direetor`�`� FROM: John Cole, EIT, Civil Engineer SUBJECT: Limited License Agreement with the City of Kent Financial Impacts: The Limited License Agreement between the City of Kent and the City of Federal Way will be a no cost agreement. The cost associated with this agreement are covered under the Fiber Loop Project and was included within the approved Capital Transportation Budget (Fund 306, Project 239) and is funded by Sound Transit Mitigation Fees. Upon completion of the Limited License between the City of Kent and the City of Federal Way, future costs associated with the Fiber Loop Project will be operations and maintenance which are anticipated to be relatively minor covered by the Information Technology budget, except for instances where the fiber optic system is significantly damaged. I3ackaround Informations: This Limited License between the City of Kent and the City of Federal Way will allow the connection on S 272" St, between S Star Lake Road and Pacific Highway S of the Fiber Loop Project. A portion of this path will be the sharing of a 3-inch conduit provided to the City of Kent by Sound Transit, the remainder will be access to City of Kent's right-of-way to install two City of Federal Way 3-inch conduits. In exchange for use of right-of-way and a portion of City of Kent's conduit, the City of Federal Way will install and supply one empty 3-inch conduit for the City of Kent's use. Funding This is a no cost agreement between the City of Federal Way and City of Kent. Rev. 6/2020 Exhibit A THE NORTH 50 FEET OF THE EAST 1,186 FEET OF THE WEST 2,133 FEET OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN THE CITY OF KENT CORPORATE LIMITS AS ESTABLISHED UNDER CITY OF KENT ORDINANCE NO. 3351. ALSO, THE SOUTH 30 FEET OF THE EAST 1,186 FEET OF THE WEST 2,133 FEET OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. MURDway, Luxur'y Seattlt� Tovri Car • ",ARS74P at'272.1rild avd htpi riaticiial - ilal Food t-,Ai-kel The #d Iwo sh--p Connect to TS cabinet S 272nd St' p a I t.cl, s i S I if Exhibit B ;;I i� ,9")77nri -qt Q I? Ird"'a 7c COUNCIL MEETING DATE: May 16, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: SETTING A PUBLIC HEARING DATE FOR THE 2024-29 TRANSPORTATION IMPROVEMENT PROGRAM POLICY QUESTION: Should City Council pass a resolution setting a public hearing on June 20, 2023, for the adoption of the 2024-29 Transportation Improvement Program? COMMITTEE: Land Use and Transportation MEETING DATE: May 1, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E. City Traffic Engineer DEPT: Public Works Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: "Lillcl 46 DIRECTOR APPROVAL: YynilSAL3, Comm tec Council Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the May 16, 2023 consent agenda for approval. ^ Chair J Wa- is -o mittee Member Ifoan2 Tran, Committee Member PROPOSED COUNCIL MOTION: "I mou416rpproval of the proposed resolution. " (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 — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 1, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directo� Rick Perez, P.E., City Traffic Engineer 7�' SUBJECT: Resolution: Setting a Public Hearing Date for the 2024-29 Transportation Improvement Program Financial Impacts: None. Background information: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original Transportation Improvement Program (TIP) on July 23, 1991. The City is also required to adopt a revised TIP on an annual basis to reflect the City's current and future street and arterial needs. The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this occur at the June 20, 2023 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The proposed resolution sets the public hearing date for the June 20, 2023 City Council meeting. The TIP will also be presented to the Land Use and Transportation Committee on June 5, 2023. Rev. 6/2020 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, adopting an extended and revised Transportation Improvement Program for 2024- 29, and directing the same to be filed with the Washington State Secretary of Transportation and the Transportation Improvement Board. (Amending Resolution Nos. 91-67, 92-117, 93-155, 94-186, 95- 210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04- 433, 05-451, 06-481, 07-503, 08-732, 09-550, 10-558, 11-609, 12-622, 13- 640, 14-666, 15-692, 16-706, 17-721, 18-733, 18-738,19-761, 20-792, 20- 802, 21-811, and 22-830). WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the Federal Way City Council adopted an original Transportation Improvement Program ("TIP") on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council updated a TIP annually thereafter; and WHEREAS, the Federal Way City Council held a public hearing on the TIP on June 20, 2023, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended TIP for the ensuing six calendar years; and WHEREAS, pursuant to Chapters 35.77 and 47.26 RCW, the City Council is required annually to revise and adopt an extended TIP; and WHEREAS, the City's SEPA Responsible Official has adopted the Determination of Non - Significance ("DNS"), Federal Way File 23-101915-00-SE, issued for the City's 2024-29 TIP, which includes the extended and revised projects contained in the TIP adopted herein; and Resolution No. 23- Page I of 3 WHEREAS, adoption of the City's 2024-29 TIP DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised TIP adopted herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program for the City of Federal Way, copies of which are attached hereto as Exhibits A and B and incorporated herein by this reference, which sets forth the City's transportation project locations, types of improvements, and the estimated costs thereof, is hereby approved and adopted for the ensuing six (6) calendar years (2024-29 inclusive). Section 2. Filingof f Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibits A and B, with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any Resolution No. 23- Page 2 of 3 references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20 . CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 23- Page 3 of 3 . .... 7d COUNCIL MEETING DATE: May 16, 2023 ITEM #: _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PACIFIC Hwy S NON -MOTORIZED CORRIDOR PHASE 1— AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to advertise the Pacific Hwy S Non -Motorized Corridor Phase 1 project and return to LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation MEETING DATE: May 1, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole, Civil Engineer _ DEPT: Public Works Attachments: 1. LUTC Memo dated May 1, 2023 2. Vicinity Map Options Considered: 1. Authorize staff to advertise the Pacific Hwy S Non -Motorized Corridor Phase 1 project and return to LUTC and Council for bid award, further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 1.6, 2023 City Council consent agenda for approval. MAYOR APPROVAL: ';LaC DIRECTOR APPROVAL: 010 Cone uro Council InitsuUDate Wival/Date lnilialMate fO,MNYTTEE EC I tME*ATION: I move to forward Option 1 to the May 16, 2023 City Council consent agenda r yroval. Committee Chair A1D��C N eA y L o_, 7 i7off) oC� mMember PROPOSED COUNCIL MOTION: "I move 6 authorize staff to advertise the Pacific Hwy S Non -Motorized Corridor Phase 1 project and to return to L UTC and Council for bid award, further reports and authorization " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL. WAY MEMORANDUM DATE: May 1, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Cole, Civil Engineer /l SUBJECT: Pacific Hwy S Non -Motorized Corridor Phase 1 — Authorization to Bid Financial Impacts: The cost to the City for Pacific Hwy S Non -Motorized Corridor project was included within the approved budget under the Public Works Department, budget line 36219. In accordance with the approved budget, this item is funded by federal STPUL grant, two federal CMAQ grants, a WSDOT Safe Routes to School grant, Traffic Impact fees and REET funds. Upon completion of the Pacific Hwy S Non -Motorized Corridor Phase 1, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides a non -motorized shared -use path along the Pacific Highway S corridor, with Phase 1 extending from S 304th Street to S Dash Point Road. The Phase 1 improvements will include pathway surfacing, minor grading, storm water infrastructure, and illumination. The project will be constructed in two phases. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 95% complete, which includes the following completed tasks: ■ Project Design to 95% • WSDOT Coordination • Community Engagement • NEPA/SEPA Approval Ongoing tasks include • Final Contract Specifications • Project Design to 100% Complete Right of Way acquisition Rev 6/2019 May 1, 2023 Land Use and Transportation Committee Pac Hwy Non -Motorized Corridor — Phase 1 Page 2 Proiect Costs: Estimated Expenditures Design Right of Way Construction Construction Contingency Construction Mgmt and Inspection Construction Total Total Estimated Expenditures Available Funding Grant (Federal — STPUL) Grant (Federal — CMAQ) Grant (Federal — SRTS) Real Estate Excise Tax Fuel Tax Mitigation/Traffic Impact Fees Phase 1 $470,000 $100,000 $1,920,500 $288,000 $376,500 $2,585,000 $3,155,000 $275,000 $100,000 $1,835,000 $345,000 $200,000 $400,000 $3,155,000 Phase 1 of the project is expected to go out to bid Spring 2023 after completion of the Right of Way acquisition. Phase 2 construction is currently scheduled for 2026. Staff will return to Council for award of Phase 1 and for future approvals for Phase 2. Project Location 0 Parcels COUNCIL MEETING DATE: May 16, 2023 7e ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Washington Auto Theft Prevention Authority 2023-2025 Auto Theft Grant Program general grant application and acceptance on behalf of the Puget Sound Auto Theft Task Force, POLICY QUESTION: Should the Federal Way Police Department submit the Washington Auto Theft Prevention Authority (WATPA) Grant Application on behalf of the Puget Sound Auto Theft Task Force (PSATT) and accept the Grant if awarded? COMMITTEE: PRHS&PSC MEETING DATE: May 9, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chief Andy Hwang DEPT: PD Attachments: 1. Staff Report 2. WATPA 2023-2025 Auto Theft Grant Program General Grant Application Options Considered: 1. Approve the WATPA grant application and accept the grant if awarded 2. Do not approve the application and grant and provide direction to staff MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL -Rol, 44 DIRECTOR APPROVAL: �9 oee Gamei r�-3 Initial ate I»iC.,oF nitial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed grant application and acceptance if awarded on behalf of PSATT to the May 16, 2023, consent agenda for approval. A commirte V�Ieem e� r Committee Member PRAIjOSED COUNCIL MOTION: "I move approval of subu-naing the proposed grant application and authorize tl1khief of Police to accept and sign said grant if awarded. (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 4 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 9, 2023 TO: Parks, Recreation, Human Services, and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: WATPA 2023-2025 Auto Theft Grant Program grant application and acceptance on behalf of the Puget Sound Auto Theft Task Force Financial Impacts: The Puget Sound Auto Theft Task Force (PSATT) is operated through Washington Auto Theft Prevention Authority (WATPA) Grant awards, and expenses for PSATT-related activities are reimbursed monthly. Federal Way is the lead agency for PSATT and handles the financial processing for the Task Force and would be applying and accepting this grant on behalf and for the benefit of PSATT. This item will have no direct financial impact on the City of Federal Way other than by its reimbursement for PSATT related activities should the grant be awarded to PSATT. BackL,round Information: PSATT, formed in 2017, is a multi jurisdictional team focused on investigating and enforcing laws relating to auto theft. Federal Way has been a member of the Task Force since its creation. The Task Force provides coordinated and efficient use of personnel, equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The City of Federal Way, through the Police Department, continues to serve as the Lead Administrative Agency, which is responsible for proper accounting procedures, reports, and statistics. As staffing allows, the Federal Way Police Department will continue to assign at least one commissioned employee to the PSATT Task Force. This 2023-2025 Auto Theft Program general grant application seeks a grant award from WATPA on behalf of PSATT to provide continued funding for personnel, public relations material, training, and technology/equipment. This funding will support the continued operation and coordinated efforts of the Task Force. WASHINGTON AUTO THEFT PREVENTION AUTHORITY WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE Lacey, WA 98516 — Phone: (360) 292-7900 — Fax: (360) 292-7269 — Website: http://watpa.waspe.org Michael Painter, WATPA Executive Director , Prey rating an -iv auto diefi in the State 1,Fashin .o ' Auto Theft Grant Program General Grant Application Funding Period. July 1, 2023 — June 30, 2025 The Washington Auto Theft Prevention Authority (WATPA) is soliciting Washington Law Enforcement Agencies to apply for grant awards that address auto theft in their communities. During this grant application period, the Washington State legislature is in session and therefore has not approved a final allocation for 2023-25 funding period. However, WATPA is advancing this solicitation in anticipation that the funding allocation will remain at a level consistent with recent grant cycles. The following is information that will assist prospective agencies with the application process. Grant Application Requirements: 1. Grant applications must be submitted by 12:00 p.m., April 1, 2023. 2. Incomplete applications will be disqualified. Direct inquiries and application process questions to Rachelle Harwood at 360 486 2380, or email at rharwood was c.or . Grant Application and Award Timeline March 1, 2023 Grant application period opens for prospective applicants. April 1, 2023 Grant applications close. April 5, 2023 Proposals submitted to WATPA Board members for review. April 21, 2023 Deadline for scheduling presentations to the WATPA Board. May 2, 2023 Presentations to WATPA Board by applicants'. TBD2 Final decisions on funding by WATPA Board. TBD2 Notice and agreements to successful applicants. ' Applicants will be provided up to 15 minutes to present their Grant application to the WATPA Board. Appointments will be taken on a first come, first served, basis and must be scheduled with Rachelle Harwood prior to April 21, 2023 at 3:00 p.m. 2 Dependent on timing of funding approval by the legislature and governor's office. WASHINGTON AUTO THEFT PREVENTION AUTHORITY Grant Proiect Minimum Criteria To be considered for funding, a proposed grant project must clearly focus on Auto Theft enforcement, investigation, prosecution, education or prevention. Applications must include all criteria identified in the Program narrative and: 1. Must address a problem that is clearly identified and. should have a design where the activities and goals are realistic and attainable. 2. Projects involving regional law enforcement activities, or engagement with multiple agencies on an auto theft related project under a task force umbrella, will be given funding priority. Where possible, demonstrated work or information sharing with other WATPA funded task forces, entities or assets will be given the highest priority. 3. Task forces and multi -agency joint operations will be required to operate with a full-time supervisor; and, before funding commences produce an operations manual that covers activities of unit members including (at minimum): i. Informant Handling ii. Undercover operations iii. Quarterly auditing of investigative funds iv. High risk operations 4. Projects working independent of a task force or multi -agency operations or and with individual components (one FTE or less) will receive low funding priority and must clearly explain how they will defend a claim of supplanting funds. 5. Grant proposals for equipment will not be considered at this time. If additional funding allocations are approved by the legislature, a secondary grant solicitation for equipment may be published by WATPA later in 2023 or early 2024. 6. All grant applicants must be prepared to provide backup documentation to WATPA that supports all projected cost estimates contained in this application. Estimates or projections that cannot be supported through documented historical spending, current contracts or agreements will not be funded. 7. All WATPA approved FTEs should be co -located in the same building and dedicate 100% of their time to WATPA funded and approved activities. Departures from this requirement will receive low funding priority. 8. All grant recipients must sign a non -supplanting declaration before funding is authorized. 9. All proposals must have a clearly defined public awareness component_ and strategy that incorporates the use of the WATPA logo/brand. Absence of a strategy will result in the application not being considered. 10. No more than 2% of the total' personnel costs will be eligible for overtime reimbursement. Grant applicants will be required to specify what the overtime will be used for and define the expected outcome. Re -allocation of other line items into overtime will not be considered during the grant period. 11. All WATPA grant recipients will be required to provide semi-annual reports due no later than the 15th day of December and June using reporting criteria identified by WATPA. WATPA-General Grant Application: 7/l/2023 — 6/30/2025 2 WASHINGTON AUTO THEFT PREVENTION AUTHORITY 12. Any changes of scope or funding of approved WATPA grant line items must be pre -approved by the WATPA Executive Director to maintain eligibility for funding. 13. All budget changes must be pre -approved by the WATPA Executive Director to be eligible for reimbursement. 14. Grant applications will not be considered if the applicant fails to comply with grant application instructions and requirements. 15. All funding decisions, including continuation of funding, made by the WATPA Board are final. 16. Additional Grant guidance is available on the WATPA web site as the WATPA Policy and Procedure Guide to Auto Theft Prevention Grants at www.WaAutoiheftPreventionAuthoriLy.orq. WATPA-General Grant Application: 7/l/2023 — 6/30/2025 WASHINGTON AUTO THEFT PREVENTION AUTHORITY PROBLEM STATEMENT Washington State is ranked 3rd behind California and Texas for the most auto thefts in the nation, but closely trailed by Florida. Holding the title for being a top 3 State for the most vehicles stolen in 2022 is greatly concerning. These other states have significantly more population than Washington State which pushes us even higher in the per capita numbers. This marks a 31 % increase since 2019. The Seattle/Tacoma/Bellevue region is ranked the 7th highest metropolitan area for thefts in the nation. Pierce and King Counties were the largest victims, accounting for 58% of all auto thefts statewide. Auto theft is a serious problem that affects individuals, businesses and communities, bringing with it a significant financial burden. There is an even greater burden on underserved communities where the loss of a vehicle can cost someone their livelihood, reduce access to services and create an inability to replace a stolen and/or significantly damaged vehicle if it is recovered. This is the situation facing Washington State today and shows the need for a structured approach to combat it. That approach is multi -jurisdictional, regional task forces. These task forces, such as the Puget Sound Auto Theft Task Force (PSATT), have the ability to investigate complex cases which span several jurisdictions unlike individual police agencies. PSATT covers the area encompassing south King County and all of Pierce County. The PSATT is currently comprised of a supervisor and six detectives from regional participating agencies who are funded through WAPTA. As of January 1, 2023, Washington State Patrol pulled their resources back to their own agency and no longer participates in any auto theft task force in the state. Since its inception, the PSATT has shown the ability to investigate the most complex cases, allowing strong cases to be built for prosecution. This has led to the arrest of prolific auto thieves who are creating the greatest impact to the auto theft epidemic we face today. The PSATT uses innovative technology, surveillance techniques, and plate reading/data capture devices to be more efficient, safer, and stay one step ahead of the auto thieves. At this time, one of the fasting growing issues in auto theft is the large increase of offenders being juveniles. This, coupled with adult offenders, has both groups targeting vulnerable to theft vehicles that has driven numbers up regionally. These vulnerable vehicles are stolen and used to commit other crimes such as robberies, drive by shootings, shoplifts and ramming into buildings to commit burglaries. These types of investigations are problematic for single agencies, but ideal for the auto theft task force due to multi -jurisdictions, complexity and an ability to dedicate the needed resources to targeting these poly -crime operations. WATPA-General Grant Application: 7/1/2023 — 6/30/2025 4 WASHINGTON AUTO THEFT PREVENTION AUTHORITY HISTORICAL PSATT was formed during the 2017-2019 WATPA grant by combining the PATROL (South King County) and ACE (Pierce County) WATPA task forces with the Pierce County WSP auto theft group. This broadened the jurisdiction and ability of the new task force to better address the auto theft problem in the region. PSATT has had a large impact on the auto theft problems by taking on the organized and complex investigations which cross city, county, and even state jurisdictions. The population of the area PSATT covers is over 1.5 million people. Statistics specific to PSATT for the last three years include: 2020 415 ($6.16M) recoveries/value 139 arrests 2021 459 ($7.93M) recoveries/value 176 arrests 2022 476 ($8.76M) recoveries/value 160 arrests During the 2021-2023 grant cycle, the PSATT scheduled multiple emphasis events within our jurisdictional area. We worked effectively with multiple agencies to recover several vehicles and arrests several offenders. The PSATT provided auto theft related training and report writing tips to police agencies in the region to aid in stronger cases to lead to more convictions. We made concentrated and concerted efforts to increase our public awareness/education outreach. We succeeded by using social media, radio ads, newly developed brochures, signs, banners and local media personalities to get our messages out. The PSATT detectives participated in community events such as the Washington State Fair and Renton's Battle of the Badges. We also facilitated the distribution of over 2000 steering wheel lock/ wheel lock anti -theft devices. PSATT maintains a Tips hotline which regularly provides information that leads to recoveries and arrests. While this is a great start, we still have a lot of work to get done better informing the public. PROPOSED PROJECT ACTIVITIES The goals for this grant cycle will be to continue and improve on the performance of the PSATT. The PSATT will continue to liaison with various agencies to handle the prolific and complex auto theft investigations throughout the region. As in years past, the PSATT expects to have a noticeable impact on the auto theft problem in the South King -Pierce region. Due to the gap created by the pulling back of WSP assets, the PSATT plans to increase WATPA funded detectives to 7 and to add a crime analyst. Personnel will maintain their expertise by attending applicable training and then passing it on to other police agencies by conducting training regionally. The input of a Crime Analyst will assist with proficiency in being able to better identify trends and criminals in a faster and more concise fashion. WATPA-General Grant Application: 7/l/2023 — 6/30/2025 5 WASHINGTON AUTO THEFT PREVENTION AUTHORITY EVALUATIONIASSESSMENT The Task Force has one Supervisor who oversees all of the Detectives activity and ensures proper productivity while working in a goal oriented and cohesive manner. The Task Force also has one Commander who oversees the Supervisor, the PSATT budget, and approves all operation plans and major investigations. The PSATT collects data on personnel activities and prepares a monthly report and quarterly written report. The PSATT executive board meets quarterly and reviews the budget, personnel items and Task Force activity/progression. The executive board is chaired by the FWPD Chief and consists of command level personnel from participating agencies. Vehicle Theft Data 2020 2021 2022 Number of Stolen Vehicles * 8,360 11,290 16,310 Number of Recovered Vehicles Number of Auto Theft related Arrests " 7,555 10,562 15,332 1,041 1,385 1,896 License Plate Readers Data 2020 2021 2022 Number of ALPR Systems *** Number of Shifts deployed Number of Vehicles Recovered Number of Arrests 1 1 1 24/7 24/7 24/7 4 46 9 53 4 8 *Includes all Pierce County and the following King County Cities: Algona, Auburn, Des Moines, Federal Way, Kent, Pacific, Renton and Tukwila **Includes all Pierce County and the following King County Cities: Auburn, Federal Way, Kent, Renton and Tukwila ***ALPR attached to surveillance cameras deployed in the field that run 24 hours a day, 7 days a week WATPA-General Grant Application: 7/l/2023 — 6/30/2025 6 WASHINGTON AUTO THEFT PREVENTION AUTHORITY Grant Summary Supplement/Continuation of existing grant M New program/project`❑ Grant Agency: Name of Agency: Federal Way Police Department Mailing Address: 33325 8 Ave S, Suite 101 Federal Way, WA 98003 Project Title: Puget Sound Auto Theft Task Force Multiple Agency Request ® Single Agency Request ❑ Double click on table to access embedded Excel worksheet. Please provide the total grant funding requested (specific category funding detail in body of application) AGENCY Funds WATPA Funds GRAND TOTAL FersonneVEmployee Expenses Fringe Benefits $ 74,590.00 $ 19,400.00 $ 6,500.00 $ $ $ $ 2,140,945.00 829,543.00 59,500.00 179,280.00 $ - $ $ $ 2,215,535.00 848,943.00 66,000.00 179,280.00 Overtime Consultants/Contracts Travel Training $ - $ 40,000.00 $ 40,000.00 Equipment/Technology Other(Investigative Fund/Office Sup $ - $ - $ - $ - $ 7,000.00 $ 7,000.00 Prosecution/Courts $ - $ - $ - Public Aw areness/Education $ - $ 35,600.00 $ 35,600.00 Total $ 100,490.00 $ 3,291,868.00 $ 3,392,358.00 To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the chief executive of the applicant and the applicant will comply with the attached assurances and the terms of the grant contract. Name of Authorized Official: Andy Hwang Date : 3 3.o/Z 3 Signature of Authorized Official: d _4 7.- XL- Title: Chief Phone: 253-835-6701 WATPA-General Grant Application: 7/1/2023 — 6/30/2025 7 WASHINGTON AUTO THEFT PREVENTION AUTHORITY Applicant Contact Information For the purposes of administering a grant, WATPA requires that three persons be designated to the positions of Authorized Official, Project Director and Financial Officer. The Project Director and the Financial Officer may not be the same person; however, under extenuating circumstances one person may otherwise fill two positions. APPLICANT AGENCY: Federal Way Police Department PROJECT TITLE: Puget Sound Auto Theft Task Force Project Manager Financial Officer/Grant Administrator Andy Gildehaus David Liang FIRST NAME LAST NAME FIRST NAME LAST NAME Lieutenant Financial Analyst Title/Position Title/Position 9401 Lakewood Drive SW 33325 8th Ave So, Suite 101 Mailing Address (Street or P. O. Box) Mailing Address (Street or P. O. Box) Lakewood WA 98499 Federal Way WA 98003 City State Zip City State Zip 253-830-5018 253-830-5069 253-835-2524 253-835-6739 Telephone Fax Telephone Fax agildehaus@cityoflakewood.us David.liang@cityoffederalway.com E-mail E-mail Authorized Official The Authorized Official is the Chief Executive Officer, or designee of the Agency. Andy Hwang FIRST NAME LAST NAME Chief of Police Federal Way Police Department Title/Position 33325 8th Avenue So Mailing Address (Street or P. O. Box) Federal Way WA 98003 City State Zip 253-835-6701 253-835-6739 Telephone Fax Andy.hwang@cityoffederalway.com WATPA-General Grant Application: 7/1/2023 — 6/30/2025 8 WASHINGTON AUTO THEFT PREVENTION AUTHORITY Grant Application Questionnaire 1. Will Grant Funds supplant current funding available for vehicle theft deterrence? Yes !❑ No See non -supplanting declaration. 2. Does your Agency report crime statistics to the Washington Association of Sheriffs and Police Chiefs' Uniform Crime Report/National Incident Based Reporting System? Yes ® No❑ 3. Has your agency or any other agency represented in this grant application ever had a grant from either the Federal or State government terminated? Yes',❑ No 4. Other information (limit the following to the primary grant applicant's agency only): Population of Jurisdiction: 103,000 Number of Officers (FTEs) assigned full time in vehicle theft investigations not funded by WATPA: 2 5. If a task force or joint operation, do you have a separate unit or task force policy/procedure manual that applies to all members? Yes ® No ❑ If no, please explain. WATPA-General Grant Application: 7/1/2023 — 6/30/2025 9 WASHINGTON AUTO THEFT PREVENTION AUTHORITY Budget Detail and Narrative Double click on table to access embedded Excel worksheet. Title or Position Rate/Hour WATPA Funds Agency Funds (if any) Total A. TF Supervisor $62.91 $278,000.00 $278,000.00 B. TF Detective (7) $63.66 $1,853,705.00 $1,853,705.00 C. TF Com mander $79.61 $61,000.00 $61,000.00 F. Crime Analyst* $38.50 $22,680.00 $22,680.00 G. Financial Analyst $37.75 $13,590.00 $13,590.00 Total Personnel $282.43i $2,154,385.001 $74,590.00 $2,228,975.00 B. Fringe Benefits Description of Benefits Cost WATPA Funds Agency Funds (if any) Total A. TF Supervisor Benefits Pkg $97,300.00 $97,300.00 $97,300.00 B. TF Detective (7) Benefits Pkg $724,305.00 $724,305.00 IF $724,305.00 C. Other Employee Benefits Pkg $19,400.00 $19,400.00 $19,400.00 D. Crime Analyst* $7,938.00 $7,938.00 $7,9.38.00 G. $0.00 Total Personnel 1 $848,943.001 $829,543.00 $19,400.00 $848,943.00 WATPA Funds Agency Funds Total Total Employee Costs $849,225.43 $2,983,928.00 $93,990.00 $3,077,918.00 *12.5% (5 hours/week) Personnel Narrative Personnel salaries were provided by agencies who have personnel on PSATT and based on labor contracts currently in place. "In kind" agency funds count for the WSP part of PSATT and also include the Task Force Commander, along with a Financial Analyst and Crime Analyst time at 20 hours per month for the 24 month grant cycle. Fringe Benefits Narrative Personnel Fringe Benefits were provided by agencies who have personnel on PSATT and based on labor contracts currently in place. "In kind" agency funds count for the WSP part of PSATT and also include the Task Force Commander, along with a Financial Analyst and Crime Analyst time at 20 hours per month for the 24 month grant cycle. WATPA-General Grant Application: 7/l/2023 — 6/30/2025 10 WASHINGTON AUTO THEFT PREVENTION AUTHORITY Consu Itants/Contracts Description of Services WATPA Agency Funds Funds Total WATPA Approved Rent - Auburn Facility $144,000.00' $144,000.00 Internet/Cable Services $9,040.00 $9,040.00 Verizon $13,440.00, $13,440.00 Rekor $4,800.00 $4,800.00 Covert Tracker Licenses $8,000.00 $8,000.00 $0.00 $0.00 Total Consultants/Contracts $179,280.00 $0.00. $179,280.00 $0.00 C. Consultants/Contracts Describe the anticipated use of any contracted or consultant services. Describe basis for the cost of each line item. Professional services (such as consultants, interpreters, trainers etc.) should be described by the type of service, number of hours, rate per hour, and travel costs, if any. (150 words max) The Verizon expenses cover all SIM cards embedded in our cameras that allow for wireless communication with our server. The Rekor expenses allow for ALPR services on any camera that is deployed. WATPA-General Grant Application: 7/l/2023 — 6/30/2025 11 WASHINGTON AUTO THEFT PREVENTION AUTHORITY D. Travel/Training (specify and use continuation page if necessary) Purpose Destination WATPA Funds Agency Funds Total A. IAATI Conference 2023 Hawaii $6,000.00 $6,000.00 B. TEEL Tech Vehicle Forensics Victoria, BC Coeur D'Alene $12,000.00 $12,000.00 C. WSNIA Conference $8,000.001 $8,000.00 D. IAATI Conference 2024 TBD $6,000.00 $6,000.00 E. WSNIA Conference 2024 Coeur D'Alene $8,000.00 $8,000.00 F. $0.00 G. $0.00 Total Travel/Training $40,000.00 $0.00 $40,000.00 D. Specify explain how travel costs were calculated (example: purpose, number of participants, number of days/nights, costs for lodging/per diem, transportation, parking, etc. (100 words max) See below explanation. Travel/Training Narrative: Identify the desired training opportunities applied for in order of priority and specifically explain how the training is necessary specify how it will enhance existing operations. (150 words max) #1 Teel Tech's Advanced Vehicle Forensics allows detectives to build on skills and techniques from BERLA training. This training allows for in-depth look at a recovered vehicle's activities while it was stolen. This usually leads to additional crimes solved and charges filed. Costs: registration, 5 nights of lodging and 5 days of per diem. Two Detectives Fall 2023 #2 The IAATI conferences are specifically geared to auto theft/crimes investigators. They provide best investigative practices, current trends, networking opportunities, and technology updates. Costs: registration, airfare, 5 nights of lodging, 5 days of per diem, and some transportation costs (Uber/Taxi) Two Detectives per year, Fall 2023 & Fall 2024 #3 WSNIA conferences are geared towards narcotics investigations, but provide training and best practices in undercover operations, surveillance techniques, informant development, legal updates, technology updates and networking opportunities. Costs: registration, 4 nights of lodging and 4 days of per diem. Four Detectives per year Spring 2024 & Spring 2025. WATPA-General Grant Application: 7/1/2023 — 6/30/2025 12 WASHINGTON AUTO THEFT PREVENTION AUTHORITY E. Equipment/Technology � quipment Name or Descriptid 1 Qty WATPA Funds Agency Funds Total A. 1 $0.00 B. C. $0.00 $0.00 D. E. $0.00 $0.00 F. $0.00 G. $0.00 Total Equipment $0.00 $0.00 $0.00 E. Equipment Narrative: Specifically identify the equipment applied for in order of priority. Explain how funding for equipment will enhance existing operations (200 words max). WATPA-General Grant Application: 7/1/2023 — 6/30/2025 13 WASHINGTON AUTO THEFT PREVENTION AUTHORITY F. Prosecution/Court (any additional costs other than personnel and fringe benefits. Those expenses should be included in Section A -Personnel) Description WATPA Funds Agency Funds Total A, $0.00 B. $0.00 C. $0.00 D. $0.00 $0.00 $0.00 $0.00 E. F. G. Total Prosecution/Courts $0.00 $0.00 $0.00 F. Prosecution/Court Narrative Describe expected activities and how it relates to project goals. Explain if prosecution request is new or an existing request. (150 words max) WATPA-General Grant Application: 7/l/2023 — 6/30/2025 14 COUNCIL MEETING DATE: May 16, 2023 ITEM #: 7f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MACDONALD MILLER HVAC MAINTENANCE AGREEMENT, AMENDMENT NO. 2 POLICY QUESTION: Should the Council authorize an amendment to the MacDonald -Miller HVAC Maintenance Agreement for Federal Way City Hall and Community Center to increase compensation to meet new prevailing wage rates? COMMITTEE: PRHSPS MEETING DATE: May 9, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen — Parks Deputy Director DEPT: Parks Attachments: 1. Staff Report 2. Maintenance Agreement Amendment No. 2 Options Considered: 1. Approve the proposed agreement amendment. 2. Do not approve the proposed agreement amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: �42(, 431tlZ42 DIRECTOR APPROVAL: Committee Council Initia"Dase AGYIrJ Initial/Date Initial/Date 1 COMMITTEE RECOMMENDATION: "I move to forward the proposed agreement amendment to the May 16, 2023, consent agenda for approval. " ( - t� l.' � �• C�Y'i G.G.. I�IO,r� Committee Chair eTommittee mbelr Committee Member PR Pt)SED COUNCIL MOTION: "I move approval of the proposed agreement amendment, and authorize the Mnvor to execute 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— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 5/16/2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks Department SUBJECT: MacDonald Miller HVAC Maintenance Agreement, Amendment No. 2 Background Information: State law, in chapter 39.12 RCW requires local government contractors and subcontractors to pay prevailing wage rates to all workers for all public works and maintenance contracts, regardless of the dollar value of the contract. The City was contacted by MacDonald Miller regarding the increase in prevailing wages that occurred since the current maintenance agreement was executed and requested the agreement be amended to reflect those changes. As the City is required to follow Chapter 39.12 RCW, we request the City Council approve and authorize the Mayor execute a contract amendment to meet this obligation. Financial 1 niya.cts: The cost to the City for HVAC Maintenance at Federal Way City Hall and the Federal Way Community Center was included within the approved budget under the Parks Department, budget lines 505-1100-331-518-30-480 & 111-7200-351-575-51-480. However, the cost increase to this item due to the increase in prevailing wages will result in a slight amount that is not covered by the amount provided in the approved budget for both locations (City Hall: $4,729.90/year; FWCC: $4,214.63/year). Current Agreement: $496,473.10 Amendment addition to Agreement: $193.567.56 Amended Total Contract Value: $690,004.66 Rev. 7/18 Err of CITY HALL Fe d e ra i Way Sth Avenue South l Way, WA 98003-6325 (253) 835-7000 www cityol%deralway. com AMENDMENT NO.2 TO MAINTENANCE AGREEMENT FOR HVAC SERVICE This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MacDonald -Miller Facility Solutions, Inc., a Washington limited liability company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for HVAC Service ("Agreement") dated effective April 12, 2019, as amended by Amendment No.1, 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-2, 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 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 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 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: Jim Ferrell, Mayor DATE: MACDONALD-MILLER FACILITY SOLUTIONS 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 MacDonald -Miller Facility Solutions, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN my hand and official seal this day of 2023. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT -2- 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 cityoffederalway. com EXHIBIT B-2 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed One Hundred Fifty -One Thousand Six Hundred Forty -Eight and No/100 Dollars ($151,648.00) and Washington State sales tax equal to Forty -One Thousand Nine Hundred Nineteen and 56/100 Dollars ($41,919.56) for a total of One Hundred Ninety -Three Thousand Five Hundred Sixty -Seven and 56/100 Dollars ($193,567.56). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Six Hundred Ninety Thousand Four and 66/100 Dollars ($690,004.66). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: 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: $179 per hour • Overtime Saturday rate: $268.50 per hour • Overtime Sunday rate: $358.00 per hour City Hall Comprehensive service rate at $40,091 + 4,049.70 tax = $44,145.70 yr. FWCC Comprehensive service rate at $35,728 + 3,608.53 tax = $39,336.53 yr. Unforeseen repairs or excluded parts and labor are extra, and charged at above hourly rates. AMENDMENT - 3 - 3/2017 COUNCIL MEETING DATE: May 16, 2023 ITEM #: 0 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING REGARDING AMENDMENTS TO THE CITY COMPREHENSIVE PLAN AND PARKS, RECREATION, AND OPEN SPACE PLAN POLICY QUESTION: Should the City Council approve amendments to the Federal Way Comprehensive Plan and Parks, Recreation, and Open Space Plan to facilitate establishment of a Park Impact Fee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Evan Lewis. Senior Planner DEPT: CD Background: The City of Federal Way Parks Department has requested an amendment to the City's Comprehensive Plan to facilitate the establishment of a Park Impact Fee, amend the Parks Capital Improvement Plan to include two future new or expanded parks that will be necessary to serve expected future growth, and to update the list of other parks capital improvement projects. The proposed amendment includes text amendments to the Comprehensive Plan Chapter 6 ("Capital Facilities") and the Parks, Recreation and Open Space ("PROS") plan which is incorporated by reference as part of the Capital Facilities Chapter. This public hearing is being held pursuant to FWRC 19.80.050(3) which allows for comprehensive plan amendments outside of the annual amendment process when the amendment is done concurrently with the adoption or amendment of a City budget. This proposal is being considered concurrently with a mid -year City budget amendment. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N1A S Committee � ' Cl)unril ' Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: 1W LD lnitiallDatc Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # we COUNCIL MEETING DATE: 5/16/2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING REGARDING THE ADOPTION AND IMPLEMENTATION OF PARK IMPACT FEES INTO TITLE 19 OF FWRC. POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen, Parks Deputy Director DEPT: Parks Department Attachments: 1. Staff Report 2. Park Impact Fee Study — May lo, 2023 Background: This public hearing is being held regarding the adoption and implementation of Park Impact Fees (pursuant to Title 19 FWRC). This is to ensure adequate parks, recreation and open space facilities are available to serve new growth and development. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A S'�D'�'3 DIRECTOR APPROVAL: Committee Initial/Date Ttrf l Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 5/10/2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director & Jason H. Gerwen, Deputy Parks Director\� SUBJECT: Public Hearing: Park Impact Fees Backaround Information: There are two adjustments to the previous draft ordinance regarding the implementation and adoption of Park Impact Fees pursuant to Title 19 FWRC. 1. Parks Impact Fees associated with commercial developments, they will be implemented at $0 until 2030 at which time the fee can be reevaluated. 2. Park Impact Fees will be calculated at time of application for a two-year period. An updated final report dated May 10, 2023, is attached which describes in detail the proposed PIF policy methodology and technical analysis. Rev. 7/18 City of Federal Way This entire report is made of readily recyclable materials, including the bronze wire binding and the front and back cover, which are made from post -consumer recycled plastic bottles. LV ipact Fee Study Final Report May 10, 2023 Washington 7525 1661h Avenue NE, Ste. D215 Redmond, WA 98052 425.867.1802 Oregon 5335 Meadows Road, Ste 330 Lake Oswego, OR 97035 503.841.6543 Colorado PO Box 19114 Boulder, CO 80301-9998 719.284.9168 www.fcsgroup.com ❖ FCS GROUP Solutions -Oriented Consulting City of Federal Way Park Impact Fee Study May 2023 page ii TABLE OF CONTENTS Table of Contents............................................................... SectionI. Introduction ........ ........... ....... ........ ................................................................. :........... ................. 1 I.A. Policy........................................................................................................................................1 I.B. Calculation Overview.. .................................... ........... .•----•..........................................................1 SectionII PIF Analysis........ ................................................................................................................3 II.A. Growth....................................................................................... ............ ........................3 II.B. Future Facilities Fee.....................................................................................................................6 II.C. Existing Facilities Fee....................................•----..........................................................................9 II.D. Calculated PIF......................•-•---•----------................................................ ......................... 10 Section III. Implementation.......... ............ . . .. . . . . . .. .... .......12 III.A. Indexing...................................................... .............. .............................................................12 III.B. Funding Plan............................................................................................................................12 III.C. Comparisons............................................................................................................................12 AppendixA: Infill Project List ...... ..... ......... ............... ............. ................... .....—...... ..... .-..... .............. ............. 14 •:;> FCS GROUP City of Federal Way May 2023 Section I. Park Impact Fee Study page 1 INTRODUCTION The City of Federal Way (City) is looking to implement a parks impact fee (PIF) to provide partial funding for the capital needs of its parks system. In 2022, the City engaged FCS GROUP to calculate a PIF based on recent growth estimates, its parks project lists, and inventory data. The City provides parks and recreation services for all residents in its boundaries, and the City's park planning efforts extend throughout the same boundaries. Given the City-wide planning and provision of parks services, as well as the City's relatively limited geographic scope, the City park system is a single service area for the purposes of the PIF study. The following sections provide the policy background upon which the PIF is based, as well as a general overview of the PIT calculation. The rest of the report details the specific data inputs and results of the PIF calculation. I.A. POLICY Park impact fees are enabled by state statutes, authorized by local ordinance, and constrained by the United States Constitution. I.A.1 . State Statutes Impact fees are authorized by state law in RCW 82.02.050 through 82.02.110. By law, revenue from park impact fees shall be used for park system improvements that will reasonably benefit new development. The money may not be used to address system deficiencies, or maintenance and repair costs. The fees cannot exceed new development's proportionate share of the improvement costs, and the revenue may be spent only for the public facilities which are addressed by the capital facilities plan element of an adopted comprehensive land use plan. Impact fee revenue must be spent within ten years after collection. In addition, the City cannot depend entirely on impact fees to fund capital costs; there must be some amount of funding from other local sources. I.A.2. Local Ordinance The City of Federal Way is implementing code updates to support the PIF calculated in this report. .A.3. United States Constitution The United States Supreme Court has determined that impact fees and other exactions that comply with state and/or local law may still violate the United States Constitution if they are not proportionate to the impact of the development. The PIF calculated in this report are designed to meet such constitutional and statutory requirements. I.B. CALCULATION OVERVIEW In general, impact fees are calculated by adding an existing facilities fee component and a future facilities fee component —both with potential adjustments. Each component is calculated by dividing the eligible cost by growth in units of demand. The unit of demand becomes the basis of the charge. *:;> FCS GROUP City of Federal Way May 2023 Park Impact Fee Study page 2 The diagram below summarizes the basic outline of an impact fee calculation, and more detail is provided in the following bullets. Eligiblecost of capacity in existing facilities Wf a Growth in system capacity —4 Eligiblecostof plannedcapacity +increasing I ,�.. facilifies aJ Growth in system capac'dy per unit of capacity &— �A • The eligible cost of capacity in existing facilities is the cost of existing park facilities that will serve growth. For a parks impact fee, determining the capacity in the existing system available for growth starts with determining the amount of existing parks facilities that are required for existing users, commonly measured in park acres. One method for doing so first calculates the system's level -of -service after completion of the capital facilities plan. By applying that level -of - service target to the current population, the City can determine if it's currently meeting its level - of -service target. If the City has more park facilities (such as park acres) than needed based on its level -of -service target, the costs of such available facilities can be included in the existing facilities component of the impact fee. • The eligible portion of capacity increasing projects is the cost of future projects that will serve growth. Some projects are intended to only serve growth, some projects do not serve to increase the capacity of the City's park system, and some serve the City's current and future populations. Determining how projects fall into each category can again be done with a level -of -service calculation to estimate how many park acres (for example) are needed to serve growth given the City's level -of -service target. Other projects that do not add a measurable number of parks facilities may still be eligible if they will serve both existing and future users. • The growth in system demand is the anticipated growth in the City's population. However, as residents are not the only users of the City's park system, employees of businesses within will be included as well, at a separate rate that reflects the parks demand characteristics of commercial developments. Finally, summing the existing facilities component with the future facilities component gives the fully calculated impact fee. •*-4FCS GROUP City of Federal Way May 2023 Section II. Park Impact Fee Study page 3 PIF ANALYSIS This section provides the detailed calculations of the maximum allowable PIF in the City of Federal Way. II.A. GROWTH The calculation of projected growth begins with defining the units by which current and future demand will be measured. Then, using the best available data, we quantify the current level of demand and estimate a future level of demand. The difference between the current level and the future level is the growth in demand that will serve as the denominator in the PIF calculations. II.A.I . Unit of Measurement A good unit of measurement allows an agency to quantify the incremental demand of development or redevelopment that creates additional demand for park facilities. A more precise unit of measurement allows an agency to distinguish different levels of demand added by different kinds of development or redevelopment. II.A.I.a Options For parks impact fees, demand that can be attributed to individual developments is usually measured in the number of people who will occupy a development. For residential developments, the number of occupants means the number of residents. We use data from the U. S. Census Bureau to estimate the number of residents for different kinds of dwelling units. For non-residential developments, the number of occupants means the number of employees. We use industry data to estimate the number employees per square foot for different kinds of non-residential developments. When an agency chooses to impose a PIF on both residential and non-residential developments, the demand of one additional resident must be carefully distinguished from the demand of one additional employee. This is usually accomplished by the calculation of a residential equivalent. One resident is equal to one residential equivalent, and one employee is typically less than one residential equivalent. Non-residential developments are a source of demand for parks facilities in Federal Way, and the City is intending to charge PIFs for both residential and non-residential developments using residential equivalents as the unit of growth. II.A.2. Demand Adjustment for Non -Residential Users To charge PIFs to both residential and non-residential developments, we must estimate both (1) how much availability non-residential occupants (i.e., employees) have to use parks facilities and (2) how that availability differs from residential occupants (i.e., residents). The calculation begins with the most recent counts for population and employment in Federal Way. As shown in Exhibit 2.1 below, in 2019 (the most recent year for which both population and employment data were available), 96,526 residents lived in Federal Way, according to the Census �:;> FCS GROUP City of Federal Way Park Impact Fee Study May 2023 page 4 Bureau's American Community Survey. Also, according to the Census Bureau, 28,063 employees worked in Federal Way for their primary occupation. Of these, 4,320 people both lived and worked in Federal Way. Exhibit 2.1 — 2019 Population and Employment in Federal Way Source: U.S. Census Bureau, OnTheMap Application, 2019 Inflow/Outflow analysis (employment); U.S. Census Bureau, 2019 American Community Survey 5-year estimates, Table B01003 (population) Next, we estimate the number of hours per week that each category of person would be available to use the parks facilities in Federal Way. Exhibit 2.2 below shows an estimate of maximum availability. It assumes that 8 hours each day are used for sleeping for all residents of the City. For those who are not working, the remaining 16 hours of each day are available for use of the parks system, giving a total of 112 hours per week of parks system availability. For workers, 8 hours of each day are assumed to be spent at work, which leaves the remaining 8 hours per weekday available for residential use of the parks system. In addition, workers have 16 hours of residential demand each weekend day, for a total of 72 hours per week of residential demand. During work, 1 hour is assumed to be available for workers to use the parks system, giving 5 hours per week of non-residential demand. These estimates are not of actual use, but maximum availability. Exhibit 2.2 — Demand Estimates by Category of Parks User Source: FCS GROUP. Source: FCS GROUP. -:;. FCS GROUP City of Federal Way Park Impact Fee Study May 2023 page 5 When the hours of availability above are multiplied by the counts presented earlier, we can determine the relative demand of residents and employees. As shown in Exhibit 2.3 below, the parks demand of one employee is equivalent to the parks demand of about 0.05 residents. To put it another way, the parks demand of about 18.96 employees is equivalent to the parks demand of one resident. Exhibit 2.3 — Total Hours per Week of Park Availability Source: Previous tables II.A.3. Growth in Demand The current (2023) demand for parks facilities is 103,385 residential equivalents. That number is the sum of 101,534 residents and 1,851 residential equivalents for 35,092 employees according to the Puget Sound Research Council (PSRC). Note that these 2019 population and employment estimates differ from the Census Bureau estimates. This is acceptable because the 2019 Census Bureau data is used only to determine the residential equivalency factor. During the forecast period from 2023 to 2044, the residential population is expected to grow by 21,808 residents. If total residential equivalents remain proportionate to the residential population, then residential equivalents will grow by 22,774 to a total of 126,159 residential equivalents. Therefore, 22,774 residential equivalents will be the denominator for the PIF calculations later in this report. Exhibit 2.4 below summarizes these calculations: Exhibit 2.4 — Growth in Demand Source: Puget Sound Research Council (population and employee estimates); Previous tables (resindetial- equivalent employee factor) •:;> FC5 GROUP City of Federal Way Park Impact Fee Study May 2023 page 6 II.B. FUTURE FACILITIES FEE The future facilities fee is the eligible cost of planned projects per unit of growth that such projects will serve. Since we have already calculated growth (denominator) above, we will focus here on the future facilities fee cost basis (numerator). 11.13.1. Eligibility A project's eligible cost is the product of its total cost and its eligibility percentage. The eligibility percentage represents the portion of the project that creates capacity for future users. For park impact fees, eligibility is often determined by a level -of -service analysis that quantifies the park facilities that are needed for growth (and are therefore eligible to be included in the future facilities cost basis). Park facilities can be measured by sorting them into categories such as neighborhood, community, or open space, or by considering their respective units of measurement (e.g., acres). Further, in either approach, the current or future level of service may be targeted. These two separate choices create four distinct and equally defensible ways of calculating the eligibility percentage of each project. Each method will be examined in the sections below. II.B.I .a Current Level of Service (By Category and by Unit of Measurement) Determining PIF eligibility for parks projects using the current level of service requires determining the quantity of parks facilities needed to maintain the current level of service. Any projects that add facilities in excess of that quantity are ineligible. The City has five relevant parks categories for determining its level of service by category. These are shown in the upper panel of the first column in Exhibit 2.5. Each category receives its own level of service. Using community parks as an example, the City currently has 486.94 acres of community parks. Using the 2023 population discussed above, this implies that there is 4.80 acres of community parks per 1,000 residents. The parks project list, when completed, will add 7.00 acres of community parks. Based on the 2044 population and the current level of service, 63.67 additional acres of community parks are needed. So, all the additional park acres can be used to accommodate growth, and therefore are eligible for inclusion in the parks impact fee. The same line of reasoning is used to develop the eligibility percentages for other parks categories. Calculating eligibility using level of service by unit of measurement (e.g., acres, miles), instead of by park type, also follows the same approach. The eligibility percentage for each parks category or unit of measurement is shown in the last column of Exhibit 2.5. •:;>FCS GROUP City of Federal Way May 2023 Exhibit 2.5 — Eligibility under the Current Level of Service Source: 2019 PROS Plan Table 3.1, City staff Park Impact Fee Study page 7 il.B.l .b Future Level of Service (By Category and Unit of Measurement) To determine PIF eligibility using the future level of service, the proposed additional quantity of planned parks facilities is added to the current quantity of parks facilities. Using the future population, a future level of service is then calculated. That level of service is compared to the current parks system to determine if any deficiencies exist against the current population. Only the portions of parks projects that do not cure existing deficiencies are considered eligible for the future facilities fee cost basis under this method. As in the previous section, calculating PIF eligibility based on future level of service can be done both when measuring parks facilities by category and when measuring by unit of measurement. Exhibit 2.6 below outlines both methods using the future level of service. Using community parks as an example again, the City currently has 486.94 acres of community parks. The parks project list, when completed, will add 7.00 acres of community parks. This results in a future level of service of 4.30 acres of community parks per 1,000 residents in 2044. If that level of service was applied to the 2023 population, a minimum of 436.82 acres would be needed. However, there are already 486.94 acres of community parks. So, the additional acres added by the project list are not needed for existing users, and therefore 100 percent are includable in the future facilities fee. The same approach is used to develop the eligibility percentages for other parks categories. Calculating eligibility using level of service by unit of measurement (e.g., acres, miles), instead of by park type, follows the same logic. The eligibility percentage for each parks category or unit of measurement is shown in the "Eligibility" column of Exhibit 2.6 below. FCS GROUP City of Federal Way May 2023 Exhibit 2.6 — Eligibility under the Future Level of Service Source: 2019 PROS Plan Table 3.1, City staff Park Impact Fee Study page 8 The final column of Exhibit 2.6 shows the reimbursable quantity of each park category and unit of measurement. The quantity of such park facilities exceeds the existing needs of the park system when measuring by the future level of service, and as such, can be used to provide capacity for future users. Since those facilities will benefit future users, a share of their cost can be included in the existing facilities cost basis. I.B.2. Expansion Projects The first of the City's two project lists includes projects that will expand the inventory of the parks system and are therefore subject to the eligibility calculations described above. The total cost of these projects is $16.5 million, and eligibility is based on the level -of -service calculation chosen. These projects are summarized in Exhibit 2.7 below. The eligibility percentage and eligible cost columns assume the future -by -unit approach to level of service. Exhibit 2.7 — Expansion Projects Source: City staff II.B.3. Infill List The second of the City's two project lists includes projects that will not expand the inventory of the parks system by adding acres but that will nevertheless add capacity for future users by adding amenities. The project list is shown in Appendix A and has a total cost of $44.3 million. Each project is assigned one of two eligibility percentages: zero percent if the project is for repair or replacement of existing assets and 18.05 percent if the project adds new amenities. That 18.05 percent represents the share of total future users made up of new users (in 2044), and assigning a project that percent recognizes that existing and future users are expected to share new amenities in existing parks proportionately. The total eligible cost of the infill list is approximately $6.3 million. •.; FC5 GROUP City of Federal Way Park Impact Fee Study May 2023 page 9 II.13.4. Calculated Future Facilities Fee Cost Basis After determining the costs dedicated to expanding capacity, the future facilities fee cost basis is calculated by multiplying those costs by their respective eligibility percentages. As discussed above, eligibility for capacity -expanding costs on the project list were determined through level -of -service calculations, and projects on the infill list were assigned either 0 or 18.05 percent. As all methods of determining level -of -service result in the same eligibility percentages, the future facilities cost basis is $22.8 million under all scenarios. II.C. EXISTING FACILITIES FEE The existing facilities fee is the eligible cost of the park facilities available for future users per unit of growth that such facilities will serve. Growth was calculated in Section II.A and Exhibit 2.6 shows the quantity of facilities available for inclusion in the existing facilities fee. The remaining piece of the fee calculation is the original cost of eligible park facilities. II.C.I . Existing Facilities Fee Cost Basis The City provided records for historical expenditures on its parks system going back to 1991, which are totaled by category and unit of measurement in the fourth column of Exhibit 2.10 below. Dividing those historical expenditures by the quantity of park acres and trail miles yields a calculation of investment per unit. By multiplying that investment per unit by the number of eligible units shown in Exhibit 2.6, the eligible cost of those park facilities is calculated to be approximately $2.3 million when measuring by category and approximately $3.4 million when measuring by unit of measurement. However, an adjustment must be made for growth's share of outstanding debt related to that investment. Such an adjustment is necessary to make sure that growth isn't paying twice for the same capacity; once in the PIF, and once through property taxes. Growth's share of outstanding principal is estimated to be $2.4 million, and so the total eligible amount is either $0 or $1.0 million depending on the method used for determining level of service. Exhibit 2.10 — Existing Facilities Fee Cost Basis By Category: Community Park Acres $ 24,293 50.12 $ 1,217,495 Neighborhood Park Acres 15,345 12.49 191,732 Open Space Acres 1,294 50.44 65,262 Special Use Facilities Number 1,253,616 0.69 869,772 Trail Miles - 1.40 - Total $ 2,344,261 $ 2,400,184 $ By Unit of Measurement: Park or Natural Area Acres $ 22,668 113.05 $ 2,562,570 Special Use Facility Number 1,253,616 0.69 869,772 Trail Miles - 1.40 - Total $ 3,432,341 $ 2,400,184 $ Source: City staff (historical investment oustanding debt); previous tables :> FCS CROUP City of Federal Way Park Impact Fee Study May 2023 page 10 ILD. CALCULATED PIF This section combines the eligible cost from the future facilities fee cost basis and the existing facilities fee cost basis. Exhibit 2.11 below summarizes the PIF calculation for all four measures of level of service. Cost Basis: Future Facilities Existing Facilities Total Cost Basis Growth in Residential Equivalents Exhibit 2.11— Calculated PIF $ 22, 825, 243 $ 22, 825, 243 $ 22, 825, 243 $ 22, 825, 243 - - - 1,032,158 $ 22,825,243 $ 22,825,243 $ 22,825,243 $ 23,857,401 22,774 22,774 22,774 22,774 Future Facilities Fee per Residential Equivalent $ 1,002 $ 1,002 $ 1,002 $ 1,002 Existing Facilities Fee per Residential Equivalent - - - 45 Total Parks Impact Fee per Residential Equivalent $ 1,002 $ 1,002 $ 1,002 $ 1,048 Residential Fee Schedule: Equivalents Dwelling Unit 2.71 $ 2,716 $ 2,716 $ 2,716 $ 2,839 Employee 0.05 53 53 53 55 Source: Census Bureau, 2021 American Community Survey, Tables B25024 and B25033 (residents per dwelling unit); previous tables As shown above, the maximum allowable PIF is $1,048 per residential equivalent under the future level of service by unit of measurement. The resulting PIF is $2,839 for a residential dwelling unit, based on an average occupancy of 2.71 residents per Census data. The rate per employee is $55 based on the equivalency calculated in Section H.A. The non- residential PIF can be charged using an estimate of employee density per 1,000 square feet. Exhibit 2.12 below provides a schedule for the non-residential PIF for all four level -of -service calculations based on employee density estimates from the Portland Metro regional government. FCS [_t�i Cj [_ P City of Federal Way May 2023 Exhibit 2.12 - Calculated Non-residential PIF IG Park Impact Fee Study page 11 Industry .- S.F. per .. -- per - per 111 (Sir) Employe, 111 S.F. per 1,000 per 111 10 Ag., Fish & Forest Services; Constr.; Mining 1-19 590 1.695 $ 89.58 $ 89.58 $ 89.58 $ 93.63 Food & Kindred Projects 20 630 1.587 83.89 83.89 83.89 87.69 Textile &Apparel 22,23 930 1.075 56.83 56.83 56.83 59.40 Lumber&Wood 24 640 1.563 82.58 82.58 82.58 86.32 Furniture; Clay, Stone &Glass; Misc. 25, 32, 39 760 1.316 69.54 69.54 69.54 72.69 Paper&Allied 26 1,600 0.625 33.03 33.03 33.03 34.53 Printing, Publishing&Allied 27 450 2.222 117.45 117.45 117.45 122.76 Chemicals, Petroleum, Rubber, Leather 28-31 720 1.389 73.41 73.41 73.41 76.73 Primary & Fabricated Metals 33,34 420 2.381 125.84 125.84 125.94 131.53 Machinery Equipment 35 300 3.333 176.18 176.18 176.18 184.14 Electrical Machinery, Equipment 36,38 400 2.500 132.13 132.13 132.13 138.11 Transportation Equipment 37 700 1.429 75.50 75.50 75.50 78.92 TCPU-Transportation and Warehousing 40-42, 44, 45, 47 3,290 0.304 16.06 16.06 16.06 16.79 TCPU-Communications and Public Utilities 43, 46, 48, 49 460 2.174 114.90 114.90 114.90 120.09 Wholesale Trade 50,51 1,390 0.719 38.02 38.02 38.02 39.74 Retail Trade 52-59 470 2.128 112.45 112.45 112.45 117.54 Finance, Insurance & Real Estate 60-68 370 2.703 142.85 142.85 142.85 149.31 Non -Health Services 70-79 770 1.299 68.64 68.64 68.64 71.74 Health Services 80 350 2.857 151.01 151.01 151.01 157.84 Educational, Social, Membership Services 81-89 740 1.351 71.42 71.42 71.42 74.65 Government 90-99 530 1.887 99.72 99.72 99.72 104.23 Source: Metro,"1999 Employment Density Study, " Table 4 + FICS G 1 OU1 City of Federal Way Park Impact Fee Study May 2023 page 12 Section III. IMPLEMENTATION This section addresses practical aspects of implementing PIFs and provides comparisons to other jurisdictions. II.A. INDEXING We recommend that the City index its charges to the Engineering News Record Construction Cost Index for the City of Seattle and adjust its charges annually. III.B. FUNDING PLAN Even if the City implements the parks impact fees calculated previously, impact fee revenues will not be sufficient to fund the project list. An additional $36.9 million will need to be raised from other, non -impact fee, sources. This is shown in Exhibit 3.1. Exhibit 3.1— Funding Plan Resources Beginning Fund Balance $ - Impact Fee Revenue 23,857,401 Other Heeded Revenue 36,899,266 $ 60,756,667 Total Resources. Requirements Project List (Total Cost) $ 60,756,667 Ending Fund Balance - $ 60,756,667 Total Requirements: III.C. COMPARISONS Exhibit 3.2 below shows a comparison of PIFs calculated for single-family homes for some relevant jurisdictions. •:;> FCS GROUP City of Federal Way May 2023 Exhibit 3.2 — PIF Comparisons Issaquah $10,533. Kirkland $6,822 _M Sammamish $6,739 Redmond $5,884 Shoreline $5,227 Kent $3, 904 Auburn $3,500 Renton $3,276 Eve rett** $3,180 Federal Way (Proposed) $2,839 Source: FCS GROUP Survey, 312712023 *SFR = Single family residence **Assumes a three -bedroom house Park Impact Fee Study page 13 **4FCS GROUP City of Federal Way May 2023 Park Impact Fee Study page 14 APPENDIX A: INFILL PROJECT LIST Adelaide Formalize picnic areas/install picnic shelters (2) 2033 $ 167,000 18.05% $ 30,147 Alderbrook Park Playground Replacement 2023 150,000 18.05% 27,078 Alderdale park Playground Replacement 2027 150,000 18.05% 27,078 BPA Add a fitness trail and equipment 2026 143,000 18.05% 25,814 BPA Repair asphalt trail 2030-2040 - 0.00% - BPA Install monument sign 2028 7,000 18.05% 1,264 BPA Install directional signage/wayfinding 2030 12,000 18.05% 2,166 Brooklake Demo Hall & Green Storage Buildings 2023 8,000 0.00% - Brooklake Electrical upgrades 2023 20,000 18.05% 3,610 Brooklake Facility/Feasibility Assessment- MasterPlan 2023 4,000 18.05% 722 Cedar Grove Park Playground Replacement 2031 175,000 18.05% 31,591 Celebration Convert To Artificial Turf 2032 11,500,000 18.05% 2,075,971 Celebration Sand based turf replacement 2026 500,000 18.05% 90,260 Celebration Replace field fence 2035 119,000 0.00% - Celebration park Playground Replacement 2024 450,000 18.05% 81,234 City Hall add ADA door control @ Court Entry 2023 60,000 18.05% 10,831 City Hall Card control replacement/upgrade 2027 125,000 18.05% 22,565 City Hall Carpet replacement 2027 250,000 0.00% City Hall City Hall Water Heaters (5) 2028 75,000 0.00% - City Hall Court bench refurbish 2025 8,500 0.00% City Hall Elevator 2024 185,000 0.00% City Hall HVAC 2025 400,000 0.00% City Hall Reception Counters - replace Formica 2026 10,000 0.00% City Hall Roof replacement 2026 500,000 0.00% - City Hall Security Fence Around Entire P/E Parcel/Lot 2024 75,000 18.05% 13,539 City Hall Sidewalk ADA upgrades 2023-2027 240,000 0.00% - Coronado Park Playground Replacement 2028 150,000 18.05% 27,078 Fisher Pond Prepare master plan 2028 12,000 18.05% 2,166 Fisher Pond Install picnic shelter 2030 83,000 18.05% 14,983 Fisher Pond Decommission on -site well 2030 12,000 0.00% French Lake Develop/Install Shelter 2028 60,000 18.05% 10,831 FWCC Exercise Equipment (full replace) 2026 150,000 0.00% - FWCC Locker Rooms/Cabanas Restoration 2023 250,000 0.00% FWCC Replace Pool Water Slide/Play Equipment 2023 1,200,000 0.00% FWCC Re -plaster Lap Pool 2027 400,000 0.00% FWCC Pool/slide repairs 2023 298,000 0.00% FWCC Replace pool and play equipment 2023 60,000 0.00% - FWCC Outdoor areas 2033 119,000 18.05% 21,482 Heritage Woods park Playground Replacement 2029 175,000 18.05% 31,591 Lake Grove Park Playground Replacement 2032 200,000 18.05% 36,104 Lakota Parking Lot Replacement 2023 170,000 0.00% - Lakota Upgrade soccerfield to artificial turf 2021 1,489,000 18.05% 268,793 Lakota Upgrade running track to rubber 2021 238,000 18.05% 42,964 Lakota Upgrade field lighting 2032 893,000 18.05% 161,204 Lakota Upgrade restrooms and increase parking 2032 953,000 18.05% 172,035 (continued next page) •:;> FCS GROUP City of Federal Way May 2023 Laurelwood Laurelwood Laurelwood Madrona Park Mirror Lake Monument Signs Olympic View Olympic View Olympic View Olympic View Park Palisades Palisades Palisades Park Sacajawea Sacajawea Sacajawea Sacajawea Sacajawea Sacajawea Safety & Security Safety & Security Saghalie Saghalie Saghalie Saghalie Saghalie Saghalie Steel Lake Steel Lake Steel Lake Steel Lake Annex Steel Lake Annex Steel Lake Park Steel Lake Park Steel Lake Shop Steel Lake Shop Steel Lake Shop Steel Lake Shop Steel Lake Shop Steel Lake Shop Town Square Town Square Town Square Town Square Wayfinding Signs Wedgewood West Hylebos West Hylebos West Hylebos West Hylebos Wildwood Wildwood Prepare master plan 202 Perform master plan improvements 2027-20T Install 1/2 basketball court 2031 Playground Replacement 2031 Replace and improve playground 2021 Complete sign implementation program 2023-2031 Formalize Joe's Creek social trail 203! Improve neighborhood entrances (6) 203! Install 1/2 basketball court 2031 Playground Replacement 202 Repair/replace asphalt basketball court 2021 Install picnic shelter 2031 Playground Replacement 2021 Artificial turf replacement - SAC 2021 Natural Turf Replacement (ballfields) 202: Renovate Ballfield Drainage 2021 Replace Rubber running track 202, Tennis Court Replacement 202 Wood Pole Replacement 202! Replace water service line 2021 New restroom - sewer lift station 203! Install picnicshelter 2031 Parking lot lighting improvements (LED) at5acaji 2021 Install security cameras in parking lots at Scajaw( 2021 Artificial turf replacement-SoccerField 203: Tennis Court Renovation/Resurface 202! Replace Rubber runningtrack 2023-203: Install artificial turf on football field 203! Renovate basketball courts 2021 Overlay parking lot 2021 Develop a master plan 203: Instal new shelters (Sites 2-5) 2028-201 Re -pipe annex and beach house restrooms 2021 Artificial Turf Replacement - Karl Grosch 203: Parking Lot Repairs 202, Artificial turf- Site #5 203: Dock Replacement 202• New Maintenance Shop (Parks Share, 33%) 203: Shop - Backup power generator 202 Shop - Electrical Service - new panel 202, Shop Roof 2021 Storage House - New Garage Doors 202, Storage House Roof 202, Install shade covers 202 Install 2nd shelter 20N Band shell 2021 Veteran memorial 202 Implementation of wayfinding signage program 2030-2040 36,000 60,000 175,000 143,000 48,000 36,000 60,000 125,000 6,000 83,000 200,000 700,000 300,000 50,000 340,000 200,000 150,000 18,000 89,000 83,000 600,000 40,000 505,000 1,429,000 71,000 48,000 149,000 292,000 238,000 700,000 10,000 1,300,000 1,250,000 11, 666, 667 40,000 7,500 75,000 7,000 20,000 89,000 83,000 Replace and improve playground 2019 167,000 Renovate caretaker access road 2033 12,000 Make parking lots repairs 2025 48,000 Expand parking lot 2033 149,000 Replace maintenance garage 2030 89,000 Repair asphalt trail 2026 12,000 Upgrade park fixture 2035 12,000 Total S 44.256,667 Source: 2019 PROS Plan Table 7.2, City staff Park Impact Fee Study page 15 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 0.00% 18.05% 18.05% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 18.05% 18.05% 18.05% 18.05% 0.00% 0.00% 18.05% 18.05% 0.00% 0.00% 18.05% 18.05% 0.00% 0.00% 0.00% 18.05% 0.00% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 18.05% 0.00% 0.00% 18.05% 0.00% 0.00% 18.05% CI 6,499 10,831 31,591 25,814 8,665 6,499 10,831 22,565 14,983 36,104 16,066 14,983 91,162 257,962 26,897 52,712 234,675 2,106,058 7,221 1,354 13,539 1,264 3,610 16,066 14,983 30,147 26,897 2,166 fC5 �_7[� U 1 4 F COUNCH. MEETING DATE: Mav 16, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PUBLIC HEARING REGARDING THE ADOPTION OF VARIOUS CODE AMENDMENTS TO TITLE 19 FWRC TO INCREASE RESIDENTIAL CAPACITY AS A PART OF IMPLEMENTING THE HOUSING ACTION PLAN. POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven 41( DEPT: Community Development Attachments: Staff Report Background: This public hearing is being held regarding the adoption of various code amendments to Title 19 FWRC to increase residential capacity as a part of implementing the Housing Action Plan. The HAPI Code Amendments ordinance will be brought before Council for consideration and action during the "Ordinances" agenda item at this meeting. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: N/A DIRECTOR APPROVAL: Committee 1% 0 Cbunri ' Initial Date Initial/Date Initial I7, e COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member. Committee Member PROPOSED COUNCIL MOTION: N/A Z3 (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 13, 2023 (April 24, 2023) TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director 04a­ SUBJECT: HAPI code amendments (updated) Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: In late 2022, Heartland, LLC was hired by the City to evaluate existing codes and policies that might be limiting housing production within the City. Heartland presented to the Planning Commission in January and to the Land Use & Transportation Committee in February of 2023. Based on their existing conditions evaluation and gap analysis, Heartland recommended 9 actions to address issues they found. These recommendations included: 1. Expand the Multi Family Tax Exemption (FWRC 3.30.030) to the Community Business (BC) zone; 2. Reduce the amount of ground floor non-residential space that is required; 3. Increase building height within 100 feet of single family for the BC zone; 4. Reduce the parking requirement for the BC zone; 5. Make consistent the open space requirement and allow for a fee in lieu of option; 6. Allow stormwater to be placed in vaults within the BC zone; 7. Provide predictability for school impact fees; 8. Remove the City's inclusionary requirement; and, 9. Remove the restrictions on building form. Staff Response 1. Proposed under separate Ordinance (Title 3). 2. Proposed revisions are included. 3. Not supported at this time. Study this further as part of the update to the City's Housing Chapter of the Comprehensive Plan (2024). 4. Not supported. The code currently allows for a parking reduction with a technical analysis. No added revisions are warranted. 5. No revisions are proposed at this time. Staff are reviewing open space requirements as part of a stand-alone code amendment (2023). 6. Supported — not a code revision, but a revision to PW development standards. 7. Proposed revisions are included. 8. Not supported. 9. Proposed revisions are included. Procedural Summary: 2/17/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Rev. 6/2020 May 10, 2023 Land Use and Transpmtation Committee HAPI Code Amendment Page 2 Policy Act (SEPA) 2/17/23: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website) 3/3/23: End of SEPA Comment Period 3/24/23: End of SEPA Appeal Period 3/15/23: Planning Commission Public Hearing 4/3/23: LUTC Council Committee (anticipated date) 4/21/23: City Council 1 st Reading (anticipated date) 5/2/23: City Council 2nd Reading (anticipated date) Planninjj Commission Recommendation: The Planning Commission conducted a Public Hearing on March 15, 2023. There were no public comments regarding these proposed code amendments. Following Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwarded the proposed code amendments to the City Council with a recommendation for approval incomoratin:e additional clarifications on the proposed revisions relating to ground floor non-residential requirements and school impact fees relating to increasing predictability to the school district while preserving City Center incentives. Decision Criteria: FWRC Chapter 19.80.130 provides criteria for zoning text amendment. The following section analyzes compliance of the proposed zoning text amendment with the criteria provided by this chapter. The City may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; Staff Response: The proposed FWRC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) policies: LUP 29 Ensure compatibility between non-residential developments and residential zones by regulating height, scale, setbacks, and buffers. HP2 Amend development regulations to accommodate a diverse range of housing forms that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. HP8 Consider the economic impact of all development regulations on the cost of housing. HG3 Develop a zoning -code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. HG4 Proactively plan for and respond to trends in housing demand. May 10, 2023 Land Use and Transportation Committee HAPI Code Amendment Page 3 HP 14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and don't create unintended barriers. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and Staff Response: The proposed code amendments are intended to result in the construction of more housing units in the City. Prior to drafting the proposed amendments, the City hired a consultant (Heartland, LLC) to evaluate existing policies and code language. In addition, the consultant reached out to developers and property owners prior to developing recommendations for the City's consideration. The proposed amendments have considered the recommendations from the consultant and are believed to result in the increased production of housing thereby adding to the public health, safety, and welfare of the community. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response: The proposed FWRC text amendments remove many of the barriers to the production of housing in the BC, CC-F, and CC-C zones identified by the City's consultant (Heartland, LLC). By updating the City code to be more in -step with current market factors, the City should see more housing built within its jurisdiction. This added production is in the best interest of the residents of the City as there is currently a housing shortage both in the City and the region. As stated in the HAP: "Housing availability is an urgent and growing challenge in Federal Way. Two out of every five households are struggling to manage the cost of housing. The lack of supply and resulting cost pressure is contributing to the displacement of long-term Federal Way residents, a process that can uproot lives and undermine the social fabric and support structure for many residents." (HAP, pg i) Update (April 24, 2023 & May 10, 2023) The Agenda Bill and draft Ordinance was held in committee. Staff were asked to consider comments provided by the school district and developer representatives. In addition, the City received public comment that the proposed 25% ground floor retail space still represented too much to be supported by current market conditions. School Impact Fees Public comments from the school district sought an amendment to the proposed code to allow for an increase in school impact fees for projects that generated a higher rate of students. Staff Response: Given the school district does not have data on student generation rates broken out by size of multifamily unit, an amendment was included to allow for increased collection in the City Center and Community Business zones for units larger than 2 bedrooms. Comments from developers' representatives indicated a desire for greater predictability in planning for school impact fees given the permitting process could take in excess of 2 years. May 10, 2023 Land Use and Transportation Committee HAPI Code Amendment Page 4 Staff Response: The recommendation from Heartland is to increase predictability and to increase housing production in the' City Center and Community Business areas. To be responsive, the updated proposal is to cap the impact fees in the City Center and Community Business areas at $0 for units that are 2 bedroom and smaller. In addition, the caps for the rest of the City and for larger units in these zones were adjusted to be the average, minus the years where the impact fees exceeded $15,000/unit. This resulted in the fees being set at $3,604 for single family and $2,222 for multifamily. And, the annual inflator was capped at 5%, or ENR, whichever is less. Finally, proposed language was added to vest the fees at time of complete land use permit submittal for a period of 2 years. Ground floor retail for the CC-C zone The City received a comment from a developer looking to acquire property in the City Center. They have drafted plans for development and have expressed concern over the required 25% ground floor retail space. Staff Response: The current code requires 100% of the ground floor to be non-residential space. Staff suggested a significant reduction to 25%. In looking at the proposed buildings to be built by OneTrent on the TC-3 property, staff believe 15% to be better supported by the market. The Ordinance reflects this additional revision. Inclusionary requirement Staff proposed removing the parking requirement for the inclusionary units as a way to be responsive to the recommendations from Heartland. At LUTC, the Committee expressed concern over the long-term cost of this program to developers. Staff Response: Staff need additional direction from the City Council to propose additional edits to this section. COUNCIL MEETING DATE: May 16, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING: 2023/2024 BIENNIAL BUDGET ADJUSTMENT POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT. BY: Steve Groom, Finance Director DEPT: Finance Attachments: N/A Background: Hearing consistent with notice for budget amendment per RCW 35A.34.130 MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Coimnittee • CAncil Initial/Date lepr hitial/Dale DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # COUNCIL MEETING DATE: May 16, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DIVERSITY COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Diversity Commission? 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: City Clerk Background: The Diversity Commission is comprised of nine (9) voting members and one (1) alternate who are appointed by the City Council to serve three-year terms (per FWRC 2.65.030). There are currently three (3) vacant voting positions and five (5) applications were received in response to the City Clerk's recruitment process. At their May 16, 2022 Special Meeting the Council interviewed two (2) applicants seeking reappointment (Tracy Myers and Lisa Wallace) and three (3) new applicants (Chika Onyejiaka, Ismael Mosqueda, and Ron Walker) seeking appointment to the Diversity Commission. Options Considered: 1. Appoint the following applicants to the Diversity Commission with terms as follows: Pos Name Type Position Term Expires 7. 1. Voting Member 05/31/2026 8. 2. , uri-ently lr'i<i 1't Voting Member 05/31/2026 9. 3. Voting Member 05/31/2026 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Initial/Date PROPOSED COUNCIL MOTION: "I move the following appointments to the Diversity Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2016 RESOLUTION # we COUNCIL MEETING DATE: May 16, 2023 ITEM 4: ....... ....... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: YOUTH COMMISSION APPOINTMENT POLICY QUESTION: Should the City Council appoint a member to the Youth Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, CityClerk DEPT: City Clerk Background: The Youth Commission is comprised of twelve voting and three (3) alternate members who are appointed by the City Council to serve two-year terms (per FWRC 2.60.040). Members may include freshman through seniors who attend high school within the city limits, attend a high school that is part of the Federal Way School District (FWSD), or reside within the city limits. There is one (1) vacant voting and three (3) vacant alternate positions due to term expirations. One application was received in response to the City Clerk's recruitment process. At their May 16, 2023 Special Meeting the City Council interviewed one new applicant, Satinder Singh Grewel. Options Considered: 1. Appoint Satinder Singh Grewel to the Youth Commission as a voting member for a term to expire August 31, 2025. 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: �I Committee Council InitiallDatc Initial/Date InililIMAic PROPOSED COUNCIL MOTION: "I move to appoint Satinder Singh Grewel to the Youth Commission as a voting member for a term to expire August 31, 2025. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 11T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # 9c COUNCIL MEETING DATE: May 16, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION APPOINTMENT POLICY QUESTION: Should the City Council appoint a member to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk Background: DEPT: City Clerk The Arts Commission is comprised of nine (9) voting and two (2) alternate members who are appointed by the City Council to serve three-year terms (per FWRC 2.50.030). There are currently two (2) vacant voting positions and two (2) alternate positions due to term expirations and previous council appointments. One (1) application was received in response to the City Clerk's recruitment process. At their May 16, 2023 Special Meeting the City Council interviewed one new applicant, Joseph Clark. Options Considered: 1. Appoint Joseph Clark to the Arts Commission as a voting member for a term to expire December 31, 2026. 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: q wb Committee Council InivatlMate Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move to appoint Joseph Clark to the Arts Commission as a voting member for a term expiring December 31, 2023. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 10a COUNCIL MEETING DATE: May 16, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: AMENDMENTS TO THE CITY COMPREHENSIVE PLAN AND PARKS, RECREATION, AND OPEN SPACE PLAN POLICY QUESTION: Should the City Council approve amendments to the Federal Way Comprehensive Plan and Parks, Recreation, and Open Space Plan to facilitate establishment of a Park Impact Fee? COMMITTEE: FEDRAC MEETING DATE: April 25, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Evan Lewis DEPT: CD Attachments: 1. Staff Report 2. Ordinance 3. Exhibits `A', `B', and `C' Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Opt�pn 1. MAYOR APPROVAL: DIRECTOR APPROVAL p [ k Z-3j until �� Initial/Date inilad.'Drde COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to a Public Hearing and First Reading on May 11p2023. * j i ee ia>r Member - PROPOSED COUNCIL MOTION(S): FIRST READING AND PUBLIC HEARING ON ORDINANCE (MAY 16, 2023): "1 move to forward the proposed ordinance to the .Tune 6, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JUNE 6, 2023): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances on!}) ORDINANCE # REVISED— 1/2022 RESOLUTION # V / A CITY OF Federal Way STAFF REPORT May 16, 2023 TO: Federal Way City Council FROM: Evan Lewis, Senior Planner r 49L-- SUBJECT: Further amendments to the City Comprehensive Plan and Parks, Recreation and Open Space Plan to facilitate establishment of a Park Impact Fee (PIF) MEETING DATE: May 16, 2023 The following changes were made to the Comprehensive Plan Capital Facilities Chapter and Parks, Recreation and Open Space (PROS) Plan after the April 25, 2023 FEDRAC meeting: 1) Capital Project lists in both the Capital Facilities Chapter and PROS Plan were updated to show a "PIF Eligibility" percentage and a resulting "PIF-Eligible Cost" that are consistent with changes made to the updated Park Impact Fee Study. 2) On pg. 110 of the amended PROS plan, a statement about the area where mitigation fees may be spent was removed to be consistent with the Park Impact Fee Study and with the related (separate) ordinance that would establish a new Park Impact Fee chapter of the zoning code. Complete and additional information about this comprehensive plan ordinance is found within the staff report provided for the 4/25/23 FEDRAC meeting and which is carried forward with this agenda packet as reference. 07Y OF 4441.�& Federal Way STAFF REPORT April 25, 2023 TO: Finance, Economic Development, Regional Affairs Committee (FEDRAC) FROM: Evan Lewis, Associate Planner SUBJECT: Amendments to the City Comprehensive Plan and Parks, Recreation and Open Space Plan MEETING DATE: April 25, 2023 I. BACKGROUND The City of Federal Way Parks Department has requested an amendment to the City's Comprehensive Plan to facilitate the establishment of a Park Impact Fee, amend the Parks Capital Improvement Plan to include two future new or expanded parks that will be necessary to serve expected future growth, and to update the list of other parks capital improvement projects. The proposed amendment includes text amendments to the Comprehensive Plan Chapter 6 ("Capital Facilities") and the Parks, Recreation and Open Space ("PROS") plan which is incorporated by reference as part of the Capital Facilities Chapter. Pursuant to RCW 36.70A.130(5)(a), the City of Federal Way must update its Comprehensive Plan every ten years. The deadline for the next major update is December 31, 2024. Federal Way Revised Code ("FWRC") 19.80.050 specifies an annual process for considering comprehensive plan amendments, and generally such amendments may only be considered once per year. However, FWRC 19.80.050(3) and state law allow for comprehensive plan amendments outside of the annual process under certain scenarios, including amendments to the capital facilities element of the comprehensive plan when done concurrently with the adoption or amendment to the City budget. This proposal is being considered concurrently with a mid -year City budget amendment. Establishing the Park Impact fee will require a separate code amendment that will be considered and brought to Council as a separate ordinance. II. REASON FOR CITY COUNCIL ACTION FWRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review for comprehensive plan capital facilities chapter amendments done concurrently with a city budget amendment, the role of the City Council is to: 1. Consider staff s review and recommendation on the proposed comprehensive plan amendment; 2. Conduct a public hearing on the proposed comprehensive plan amendment; 3. Determine whether the proposed comprehensive plan amendment meets the criteria provided by FWRC 19.80.140 and 19.80.150; and 4. Either approve, approve with modifications, or disapprove the proposed amendment. III. PROCEDURAL SUMMARY Comprehensive Plan Amendment Process March 31, 2023 Issuance of Determination of Nonsignificance pursuant to the State Environmental Policy Act (SEPA) March 17, 2023 End of SEPA Comment Period April 7, 2023 End of SEPA Appeal Period April 25, 2023 FEDRAC Meeting May 16, 2023 Joint Public Hearing/ Ist Reading by City Council June 6, 2023 City Council Second Reading (tentative; date of 2nd reading will be based on the date of the budget amendment) V. Comprehensive Plan Amendment A. Capital Facilities Chapter Update Amend text in Section 6.5 Parks and Recreation to align with the most recently adopted PROS plan (Exhibit B). B. PROS Plan Amendment (incorporated by reference within Capital Facilities chapter) Amend text under Potential Funding Sources and in the Capital Improvement Plan to facilitate the establishment of a park impact fee, to include two new parks, and their cost estimates, in the capital facilities list, and to update the list of other parks capital improvement projects. One new or expanded park would be located in Federal Way's Downtown and the other in the South Station subarea planning area somewhere between approximately S 348th St. and S 364th St/S 364th Way, west of I-5 (approximate South Station planning are boundaries are found at www.engap-efw.com/southstation). Specific Downtown and South Station new park locations are to be determined. VI. Public Comments Received One public comment was received on the SEPA environmental determination; attached as `Exhibit C'. The comment was from Tacoma Water and included information that, if applicable for any given park location, would be more relevant at the time that specific future parks projects are being reviewed. Any comments received in response to the public hearing notice will be included in materials presented at the public hearing. Staff Report to FEDRAC Committee Page 2 April 25, 2023 V111. COMPLIANCE WITH FWRC 19.80.140 - 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. The proposal's effect on the physical environment is undetermined but there's little reason to expect anything other than a neutral to net positive environmental impact from a park impact fee, new and/or expanded parks, and other parks improvements detailed in the updated Parks capital projects list. Such impacts would be known and reviewed associated with future parks projects that are supported through funding made available through park impact fees. (2) The effect on open space, streams, and lakes. The proposal's effect on open space, streams, and lakes is undetermined but there's little reason to expect anything other than a neutral to net positive environmental impact. Such impacts would be known and reviewed associated with future parks projects that are supported through funding made available through park impact fees. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. The proposal's impact on land use compatibility will be better known associated with future parks projects. However, it's expected funding from a park impact fee would support park space that is necessary to serve the City's expected growth; therefore there is likely a net positive impact as it supports a public amenity serving adjacent land uses. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. The proposal would help fund park space necessary to serve expected growth and therefore would likely have a net positive impact on community facilities. Parks themselves are community facilities. (5) The benefit to the neighborhood, city, and region. The proposal would help fund park space necessary to serve expected growth and therefore would likely have a net positive impact on neighborhoods, the city and region. Parks are public amenities serving adjacent neighborhoods and the City and region as a whole. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. The proposal would help fund an amount of park space necessary to serve expected growth and therefore would likely have a net positive impact in this regard. (7) The current and projected population density in the area. The proposal would help fund an amount of park space necessary to serve Federal Way's growing population; the impact of future park space on an area's population density can't Staff Report to FEDRAC Committee Page 3 April 25, 2023 be determined at this time, however as population densities generally increase in the City, sufficient park space becomes more important to serve that increased density. (8) The effect upon other aspects of the comprehensive plan. A park impact fee, as proposed, would be consistent with other comprehensive plan chapters. IX. COMPLIANCE WITH FWMC 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; A park impact fee, and factoring two new parks into a capital facilities plan, would support park space that is necessary to serve the City's expected future growth; adequate park space is an important factor in supporting public health and welfare. (2) The proposed amendment is in the best interest of the residents of the city. A park impact fee, factoring two new parks into a capital facilities plan, and the other parks capital improvement project list updates proposed would support park space that is necessary to serve the City's expected future growth. Ensuring the necessary public facilities and public amenities are sufficiently funded is in the best interest of the city's residents. (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 under consideration is consistent with the following goals of RCW Chapter 36.70A.020 of the Growth Management Act (GMA). The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations: • Capital Facilities Chapter Goal 4: Provide adequate funding for capital facilities in Federal Way to ensure the FWCP vision and goals are implemented o Policy CFP25: Pursue funding strategies that require new growth and development to pay its fair share of the cost of facilities that are required to maintain adopted level of service standards. One such strategy that should be implemented in the near term is an impact fee program for parks. o Policy CFP27. Use the following available contingency strategies should the City be, faced with capital. facilityfunding shortfalls: Increase revenues by selling general obligation bonds, enacting utility taxes, imposing impactfees, and/or raisingproperty tax levy rates. • City Center Goal 12; Policy CCP11: Provide adequate funding for capital facilities in Federal Way to ensure the FWCP vision and goals are implemented • City Center Goal 16: Develop civic and cultural facilities in addition to a public Staff Report to FEDRAC Committee Page 4 April 25, 2023 space and park system within the City Center to meet the needs of residents, employees, and visitors. These facilities and spaces should connect to the Citywide and regional system ofpublic spaces, parks, and trails. • PROS Plan Goal D.1; Policy D.2: Prepare an impact fee analysis to determine the feasibility of using an impact fee system for park development and facilities improvements. X. Recommendation to City Council. Staff recommends that City Council approves the proposed comprehensive plan amendment. XI. FEDRAC COMMITTEE The FEDRAC Committee may take the following actions regarding each proposed comprehensive plan amendment request: 1. Recommend to City Council adoption of the proposed comprehensive plan amendment as proposed; or 2. Modify the proposed comprehensive plan amendment and recommend to City Council adoption of the amendment, as modified. 3. Recommend to City Council that the proposed comprehensive plan amendment not be adopted. Exhibits `A' Amendment to Capital Facilities Chapter of Comprehensive Plan • `B' Amendment to PROS Plan (incorporated by reference in Capital Facilities Chapter) • `C' Public Comment Staff Report to FEDRAC Committee Page 5 April 25, 2023 ORDINANCE NO. 23- AN ORDINANCE of the City of Federal Way, Washington, amending the Parks, Recreation and Open Space Plan and the Federal Way Comprehensive Plan Chapter 6, Capital Facilities, to incorporate two new future parks and to facilitate establishment of a Park Impact Fee (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, 18-843, 19-866, 21-907, 22-938, and 23-954) WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way ("City") to adopt a comprehensive plan including a land use element and land use map, a housing element, a capital facilities plan, a utilities element, and a transportation element and transportation system map(s); and WHEREAS, the GMA also requires the City to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan and land use map (the "Comprehensive Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Comprehensive Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, and June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2010, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, January 26, 2018, April 2, 2019, January 19, 2021, October 12, 2022, and April 12, 2023; and WHEREAS, pursuant to Federal Way Revised Code ("FWRC") Chapter 19.35, the City reviews Comprehensive Plan amendments under Chapter 19.80 FWRC, Process VI; and WHEREAS, under RCW 36.70A.130, the Comprehensive Plan and development Ordinance No. 23- Page 1 of 25 regulations are subject to continuing review and evaluation, but the Comprehensive Plan may generally be amended only once on an annual basis; and WHEREAS, the Comprehensive Plan may be amended more than once per year under certain circumstances described in RCW 36.70A.130(2)(a) and FWRC 19.80.050(3); and WHEREAS, under RCW 36.70A.130(2)(a) and FWRC 19.80.050(3), the Comprehensive Plan may be amended outside the annual update when such amendment is to the capital facilities element and occurs concurrently with city budget adoption or amendment; and WHEREAS, under FWRC 19.80.050(3)(e) the City Council shall hold the public hearing on an amendment to the Comprehensive Plan capital facilities element that falls outside the annual update process and occurs concurrently with a budget amendment; and WHEREAS, this amendment to the Comprehensive Plan is an amendment to the capital facilities element and is occurring concurrently with city budget amendment; and WHEREAS, the City adopted a Parks, Recreation, and Open Space Plan ("PROS Plan") on December 3, 1991, and subsequently amended the PROS Plan on November 21, 1995; September 14, 2000; June 29, 2006; January, 2013; and May 21, 2019; and WHEREAS, the PROS Plan is adopted by reference into the capital facilities element of the Comprehensive Plan; and WHEREAS, the PROS Plan and capital facilities element are consistent with the GMA as they contain the following components: (a) an inventory showing the location and capacity of existing capital facilities; (b) a forecast of future needs per capital facility; (c) the location and capacity of proposed new or expanded capital facilities; and (d) a six -year capital improvement plan identifying sources of public money to fund these improvements; and WHEREAS, the City is in the process of establishing a park impact fee; and Ordinance No. 23- Page 2 of 25 WHEREAS, the City desires to add two new future parks to the list of proposed new or expanded capital facilities in the PROS Plan and Comprehensive Plan; and WHEREAS, the City also desires to amend the PROS Plan and Comprehensive Plan to specifically enumerate which capital facilities, or portions thereof, are eligible for funding through the newly established park impact fee; and WHEREAS, Washington State Department of Commerce received 60-day notice of the proposal on March 3, 2023 (ID 2023-S-4841); and WHEREAS, on March 31, 2023, the City's SEPA Responsible Official issued a Determination of Nonsignificance (DNS) for this proposal; and WHEREAS, one written public comment was received on this proposal; and WHEREAS, the SEPA Determination was not timely appealed; and WHEREAS, the City Council held a public hearing on this proposal on May 16, 2023; and WHEREAS, the City Council desires to adopt the proposed Comprehensive Plan and PROS Plan Amendments, as proposed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The proposed Comprehensive Plan and PROS Plan amendments, as set forth in Exhibits `A' and `B', attached hereto, are consistent with the Council vision for the City of Federal Way; will support the establishment and maintenance of parks that are necessary to serve expected future growth; and therefore, bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, King County Countywide Planning Policies and the unamended portion of the Ordinance No. 23- Page 3 of 25 Comprehensive Plan. Specifically, the proposed Comprehensive Plan and PROS Plan amendments are consistent with the following Comprehensive Plan goals and policies: Capital Facilities Goal 4: Provide adequate funding for capital facilities in Federal Way to ensure the FWCP vision and goals are implemented. Capital Facilities Policy 25: Pursue funding strategies that require new growth and development to pay its fair share of the cost of facilities that are required to maintain adopted level of service standards. One such strategy that should be implemented in the near term is an impact fee program for parks. Capital Facilities Policy 27: Use the following available contingency strategies should the City be faced with capital facility funding shortfalls: • Increase revenues by selling general obligation bonds, enacting utility taxes, imposing impact fees, and/or raising property tax levy rates. City Center Policy 11: Provide adequate funding for capital facilities in Federal Way to ensure the FWCP vision and goals are implemented. City Center Goal 16: Develop civic and cultural facilities in addition to a public space and park system within the City Center to meet the needs of residents, employees, and visitors. These facilities and spaces should connect to the Citywide and regional system of public spaces, parks, and trails. PROS Plan Goal D.1; Prepare an impact fee analysis to determine the feasibility of Policy D.2: using an impact fee system for park development and facilities Ordinance No. 23- Page 4 of 25 improvements. (b) The proposed amendments have complied with the appropriate process under state law and the FWRC. Section 2. Comprehensive Plan Amendments Ado tion. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, 2018, 2019, 2021, 2022, and 2023, copies of which are on file with the Office of the City Clerk, is amended as set forth in Exhibit A, attached hereto. Section 3. Parks. Recreation, and Open Space Plan Amendments Adoption. The 1991 Parks, Recreation, and Open Space Plan, as thereafter amended in 1995, 2000, 2006, 2013, and 2019, copies of which are on file with the Office of the City Clerk, is amended as set forth in Exhibit B, attached hereto. Section 4. Amendment Authority. The adoption of the Comprehensive Plan amendments above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to Chapter 19.80 FWRC. Section 5. 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 affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. 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, 2018, 2019, 2021, 2022, and 2023 shall remain in full force and effect until this amendment become operative upon the effective date of this ordinance. Ordinance No. 23- Page 5 of 25 Section 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall take effect and be in force five (5) days after passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of P1 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 6 of 25 FWCP - Chapter Six, Capital Facilities Exhibit A The GMA requires that local jurisdictions prepare a transportation chapter as part of the comprehensive plan. The GMA also authorizes jurisdictions to assess impact fees for transportation system improvements that are necessary to accommodate the traffic created by the new development. In order to assess impact fees, the capital facilities plan must include the list of transportation improvements and associated costs that necessitate the impact fees. Discussion related to Transportation -related capital facilities can be found in FWCP Chapter 3, "Transportation." Inventory of Existing Facilities The City of Federal Way adopted the first Park, Recreation, and Open Space Comprehensive Plan in December of 1991. The City updated the plan in 1995, 2000, 2006, 2012, and 2019. This plan, which is now called the Parks, Recreation, and Open Space Plan, is incorporated by reference. The planning area is based only on the City limits of Federal Way, although the Potential Annexation Area (PAA) is inventoried and discussed. As in previous plans, the Parks Plan has been subdivided into subareas, referred to as Parks Plan Planning Areas (Map VI-3), for purposes of long-range planning. The 2019 Parks Plan updated the inventory to include new parks and properties added to the City's system. In addition to City -owned parks and open space, the Parks Plan also lists school district, state, and county facilities, as well as private recreation facilities. Map VI-4 depicts the location of major parks and open space within the Federal Way planning area. Table VI-2 summarizes this inventory as of 2019. Table VI-2 Summary of Existing City Park and Recreation Areas Developed Park Land Categories Acres 19 Neighborhood Parks 108.05 15 Community Parks 489.70 2 Regional Parks 255.45 12.07 mi Trails Acreage 22.58 6 Community Facilities 12.85 Total Developed Acreage 888.63 Open Space Acreage 436.16 Total Park Acres 1324.79 When the City incorporated in 1990, there were approximately eight acres of parkland available per 1,000 population in Federal Way. Since that time, the City has purchased additional property and developed new facilities. These include the Lake Killarney Open Space Park, Heritage Woods Neighborhood Park, Wedgewood Neighborhood Park, BPA Revised 2023 VI-9 FWCP - Chapter Six, Capital Facilities Exhibit A Trail I, II, and 1II, Madrona Park, Cedar Grove Park, Laurelwood Neighborhood Park, Brighton Park Open Space, Town Square Park, Klahanee Lake Community Senior Center, Dumas Bay Centre, Celebration Park, Steel Lake Annex facilities, the Community Center, and the Brooklake Community Center. In 2004, Washington State Parks transferred West Hylebos Wetlands Park to the City. King County has also transferred several properties to the City since incorporation. These parks and facilities are described in greater detail in the Parks Plan. In addition to acquiring and developing new facilities, the City has taken administrative actions to take advantage of other available public recreational facilities. The City entered into interlocal agreements with the School District to jointly operate and maintain school recreational facilities. As a result, the City jointly operates and maintains a major community park in conjunction with Saghalie Middle School. Also, the City has agreements to provide recreational programs and schedule play fields at several elementary schools, in addition to middle schools. These facilities are now formally available nights and weekends, year around for use by local residents. As of 2019, the City was providing 13.46 acres of park land per 1,000 population. For purposes of parks planning, the recommended LOS standard in the City's Parks Plan and this Capital Facilities chapter is 10.9 acres of City owned parkland per 1,000 population. The City currently provides 1324.79 acres of parkland, which the City maintains and operates. Of the total 1324.79 acres, 888.63 acres are developed for recreational use areas and 436.16 acres are undeveloped. Washington State Parks has a regional park facility partially within the City limits, which residents often use. Dash Point State Park is 398 acres in size, 230 acres of which are located within the City. Dash Point State Park provides a regional (statewide) recreation use for camping, swimming, picnicking, walking trails, and beachfront. The state park land is not included in the City's LOS because the state owns, operates, and maintains this facility. Forecast of Future Needs The 2019 Parks Plan states that the inventory of public park and open space land will be adequate to serve both the current and future projected population within the City and PAA. However, much of this acreage is un-programmed, undeveloped open space. The primary deficiency, both now and projected, is in improved trails. The 2019 Parks Plan makes recommendations based on five Core Values identified through an extensive planning process. Five of these relate to capital facilities and include: Core Value #1: Improve Existing Facilities and Provide for Multiple Functions in Parks Core Value #2: Create Community Gathering Places and Destinations Core Value #3: Retain and Improve Open Spaces Core Value #4: Develop a Walking and Biking Community Core Value #5: Provide a Balance of Services for a Diverse Population Capital facilities that respond to these Core Values have been incorporated into the Six - Year CIP. The major efforts planned are shown in Table VI-3. Revised 2023 VI-10 FWCP - Chapter Six, Capital Facilities Exhibit A Locations & Capacities of Future Facilities Map VI-4 indicates the location of the parks, recreation facilities, and open space subareas the City will need to maintain the adopted LOS. The Parks Plan breaks the planning area into subareas and addresses future facilities at the subarea level. For more details about the type, sizes, and cost of these new facilities, please refer to the 2019 Parks Plan. Map VI-4A shows potential locations of public spaces in the City Center. Finance Plan Table VI-3 (Parks Capital Improvements Plan, 2019-2024) describes the proposed parks projects that will be needed together with cost estimates programmed by year. Table VI-3 also identifies the revenues that will be available during the same time period to finance these new facilities. Potential funding sources include the City's General Fund, the Parks Capital Fund, the Real Estate Excise Tax (BEET), Grants, and Developer Mitigation Fees. Please refer to Chapter 7, "Implementation," of the City of Federal Way Parks, Recreation, and Open Space Plan for information on the finance plan. The City biennially updates its Parks & Recreation Capital Improvement Plan. These updates reflect new project priorities, eliminate projects that have been completed, and add new projects to the program. Significant community investments have been made since incorporation to implement the community's vision for Federal Way. In addition to the investments in the surface water, transportation, and parks areas, the City also acquired and improved a basic set of community facilities to house City operations and provide space for community gatherings and recreation. The City acquired Dumas Bay Centre (a conference and retreat facility) in 1993. Strong local support in community recreation and arts activities translated into the City Council's adoption of a 2% For the Arts ordinance to provide funding for arts in public places in 1994, and the construction of the 234-seat Knutzen Family Theatre in 1998. City all which consolidates most City administrative offices, Police, and the Municipal Court in one facility, was acquired in 2003. The City began construction of a new 72,000 square foot Community Center in the fall of 2005. Construction was completed in early 2007. The facility houses Recreation and Cultural Services staff, and includes athletic and community facilities suitable for a wide variety of events and programs. Source: City of Federal Way Revised 2023 VI-11 FWCP - Chapter Six, Capital Facilities Table VI-3 Parks Capital Improvements Plan Estimated Funding Sources Funding Sources Real Estate Excise Tax Misc. Transfers Grants/Anticipated Mitigation Funds Received General Fund Capital Project Fund Bonds/Levies Reserve Fund Dumas Bay Centre Fund Impact Fees Table VI-3.1— Parks Infill List Exhibit A::] PIF PIF-Eligible Location Type Year Cost Eligibility Cost Formalize picnic areas/install picnic Adelaide shelters (2) 2033 $167,000 18.05% $30,147 Alderbrook Playground Park Replacement 2023 $150,000 18.05% $27,078 Alderdale Playground park Replacement 2027 $150,000 18.05% $27,078 Add a fitness trail and BPA equipment 2026 2030-2040 $143,000 18.05% $25,814 BPA Repair asphalt trail 0.00% - Install monument BPA sign 2028 $7,000 18.05% $1,264 Install directional BPA signage/wayfinding 2030 $12,000 18.05% $2,166 Demo Hall & Green Brooklake Storage Buildings 2023 $8,000 0.00% Brooklake Electrical upgrades 2023 $20,000 18.05% $3,610 Facility/Feasibility Assessment - Master Brooklake Plan 2023 $4,000 18.05% $722 Cedar Grove Playground Park Replacement 2031 $175,000 18.05% $31,591 Convert To Artificial Celebration Turf 2032 $11,500,000 18.05% $2,075,971 Revised 2023 VI-12 FWCP - Chapter Six, Capital Facilities Exhibit A PIF PIF-Eligible Location Type Year Cost Eligibility Cost Celebration Sand based turf replacement 2026 $500,000 2035 $119,000 18.05% $90,260 Celebration Replace field fence 0.00% - Celebration Playground park Replacement 2024 $450,000 18.05% $81,234 add ADA door control City Hall @ Court Entry 2023 $60,000 18.05% $10,831 Card control City Hall replacement/upgrade 2027 $125,000 18.05% $22,565 City Hall Carpet replacement 2027 $250,000 0.00% - City Hall Water City Hall Heaters (5) 2028 $75,000 0.00% - City Hall Court bench refurbish 2025 $8,500 0.00% - City Hall Elevator 2024 $185,000 0.00% - City Hall HVAC 2025 $400,000 0.00% - Reception Counters - City Hall replace Formica 2026 $10,000 0.00% - City Hall Roof replacement 2026 $500,000 0.00% - Security Fence Around Entire P/E City Hall Parcel/Lot 2024 $75,000 18.05% $13,539 Sidewalk ADA City Hall upgrades 2023-2027 $240,000 0.00% - Coronado Playground Park Replacement 2028 $150,000 18.05% $27,078 Fisher Pond Prepare master plan Install picnic shelter 2028 $12,000 18.05% $2,166 Fisher Pond 2030 $83,000 18.05% $14,983 Decommission on -site Fisher Pond well 2030 $12,000 0.00% - Develop/Install French Lake_ Shelter 2028 $60,000 18.05% $10,831 10.00% Exercise Equipment FWCC (full replace) 2026 $150,000 - Locker Rooms/Cabanas FWCC Restoration 2023 $250,000 0.00% Revised 2023 VI-13 FWCP - Chapter Six, Capital Facilities Exhibit A PIF PIF-Eligible Location Type Year Cost Eligibility Cost Replace Pool Water FWCC Slide/Play Equipment 2023 $1,200,000 0.00% - FWCC Re -plaster Lap Pool 2027 $400,000 0.00% - FWCC Pool/slide repairs 2023 $298,000 0.00% - Replace pool and play equipment Outdoor areas 2023 $60,000 2033 $119,000 0.00% - FWCC FWCC 18.05% $21,482 Heritage Playground Woods park Replacement 2029 $175,000 18.05% $31,591 Lake Grove Playground Park Replacement 2032 $200,000 18.05% $36,104 Parking Lot Lakota Replacement 2023 $170,000 0.00% - Upgrade soccer field Lakota to artificial turf 2021 $1,489,000 18.05% $268,793 Upgrade running Lakota track to rubber 2021 $238,000 18.05% $42,964 _ Lakota I Upgrade field lighting 2032 $893,000 18.05% $161,204 Upgrade restrooms Lakota and increase parking 2032 $953,000 18.05% $172,035 i Laurelwood Prepare master plan 2025 $36,000 18.05% $6,499 Perform master plan i Laurelwood improvements Install 1/2 basketball 2027-2037 - 18.05% - Laurelwood court 2030 $60,000 18.05% $10,831 Madrona Playground I Park Replacement 2030 $175,000 18.05% $31,591 Replace and improve Mirror Lake 1 playground 2020 $143,000 18.05% $25,814 Complete sign Monument implementation Signs 2023-2033 $48,00.0 18.05% $8,665 Olympic _program Formalize Joe's Creek View social trail 2035 - 18.05% Improve Olympic neighborhood View entrances (6) 2035 $36,000 18.05% $6,499 Olympic Install 1/2 basketball View court 2030 $60,000 18.05% $10,831 Revised 2023 VI-14 FWCP - Chapter Six, Capital Facilities Exhibit A PIF PIF-Eligible Location Type Year Cost Eligibility Cost Olympic Playground _ View Park Replacement 2025 $125,000 18.05% $22,565 Repair/replace asphalt basketball Palisades court 2028 2030 $6,000 0.00% - $14,983 Palisades Install picnic shelter $83,000 18.05% Palisades Playground Park Replacement _ Artificial turf 2026 $200,000 18.05% $36,104 Sacajawea replacement - SAC 2026 $700,000 0.00% - Natural Turf Replacement Sacajawea (ballfields) 2023 $300,000 0.00% - Renovate Ballfield Sacajawea Drainage 2024 $50,000 0.00% - Replace Rubber Sacajawea running track 2024 $340,000 0.00% Tennis Court Sacajawea Replacement 2025 $200,000 0.00% Wood Pole Sacajawea Replacement 2029 $150,000 0.00% - Replace water service Sacajawea line 2028 $18,000 0.00% - New restroom - `$16,066 Sacajawea sewer lift station 2035 $89,000 18.05% Sacajawea Install picnic shelter 2030 $83,000 18.05% $14,983 Parking lot lighting improvements (LED) at Sacajawea Park, Saghalie Park, Steel Safety & Lake Park, and Steel Security Lake Annex 2028 - 18.05% - install security cameras in parking lots at Sacajawea Park, Saghalie Park, Safety & Steel Lake Park, and Security Steel Lake Annex_ 2028 - 18.05% - Artificial turf replacement - Soccer Saghalie Field 2032 $600,000 0.00% - Tennis Court Saghalie I Renovation/Resurface 2025 $40,000 0.00% - Revised 2023 VI-15 FWCP - Chapter Six, Capital Facilities PIF Location Type Year Cost Eligibility Replace Rubber Saghalie running track 2023-2032 $505,000 18.05% Install artificial turf on Saghalie football field 2035 $1,429,000 18.05% Renovate basketball Saghalie courts 2026 $71,000 0.00% Saghalie _ Overlay parking lot 2028 $48,000 0.00% Develop a master Steel Lake plan 2033 $149,000 18.05% Install new shelters Steel Lake (Sites 2-5) 2028-2033 1 $292,000 18.05% Exhibit A PIF-Eligible Cost $91,162 $257,962 $26,897 $52,712 Re -pipe annex and beach house Steel Lake restrooms 2026 $238,000 0.00% - Artificial Turf Steel Lake Replacement - Karl Annex Grosch 2032 $700,000 0.00% - Steel Lake Annex Parking Lot Repairs 2024 $10,000 0.00% - Steel Lake Park Artificial turf - Site #5 2032 $1,300;000 18.05% $234,675 Steel Lake Park Dock Replacement 2027 $1,250,000 0.00% - New Maintenance Steel Lake Shop (Parks Share, Shop 33%) 2032 $11,666,667 18.05% $2,106,058 Steel Lake Shop - Backup power Shop generator 2025 $40,000 18.05% $7,221 Shop - Electrical Steel Lake Shop Service - new panel 2024 $7,500 18.05% $1,354 Steel Lake Shop I Shop Roof 2026 $75,000 18.05% $13,539 Steel Lake Storage House - New Shop Garage Doors 2024 $7,000 18.05% $1,264 Steel Lake Shop Storage House Roof 2024 $20,000 18.05% $3,610 Town Square Install shade covers 2025 $89,000 18.05% $16,066 Town Square Install 2nd shelter 2030 $83,000 18.05% $14,983 Town Square Band shell 2028 - 18.05% - Revised 2023 VI-16 FWCP - Chapter Six, Capital Facilities Exhibit A PIF PIF-Eligible Location Type Year Cost Eligibility Cost Town Square Veteran memorial 2025 18.05% - Implementation of Wayfinding wayfinding signage Signs program 2030-2040 18.05% - Replace and improve Wedgewood playground 2019 $167,000 18.05% $30,147 Renovate caretaker West Hylebos access road Make parking lots 2033 $12,000 0.00% - West Hylebos repairs 2025 $48,000 0.00% - West Hylebos Expand parking lot 2033 $149,000 18.05% $26,897 West Replace maintenance Hylebos garage 2030 $89,000 0.00% - Wildwood Repair asphalt trail 2026 $12,000 0.00% - Wildwood Upgrade park fixture 2035 $12,000 18.05% $2,166 Total $44,256,667 $6,325,243 Table VI-3.2 — Parks Expansion List Downtown Park Expansion South Light Rail Station Park PIF Year Cost Eligibility PIF-Eligible Cost Community 2027- $ Park 2031 $ 5,500,000 ` 100% 5,500,.000 I Community 2027- Park 2031 11,000,000. 100% 11,000,000 Total $ 16,500,000 $ 16,500,000 Revised 2023 VI-17 Exhibit B Potential Funding Sources This section provides an overview of potential funding sources to fund projects identified in this chapter. All funding sources discussed below will be considered when determining a budget for a project. A combination of several sources is typically used to fund projects. City General Fund General Funds from the City are allocated to the Parks, Recreation, and Cultural Services Department. Capital Project Fund - Parks The Capital Project Fund provides for the acquisition or construction of park facilities except for those facilities financed by proprietary and trust funds. The major source of revenue for this Fund is general obligation bond proceeds, grants from other agencies, local taxes and contributions from other funds. All park costs associated with acquisitions, improvements, issuance of bonds, and other costs shall be paid by this Fund. This funding source is tied to the City's 2-year budget cycle. Meal Estate Excise Tax (REET) As a city planning under the Washington State Growth Management Act, Federal Way receives REET funds which are generally used for capital projects as described under state law. A REET is derived from a modest tax on the sales of real property within the City. As of January 1, 2018, the City's REET rate was 0.5 percent.' voter -approved Bonds/Levies Voter -approved General obligation bonds can be used for acquisition or development and are typically repaid through an annual property tax levy through the maturity period of the bonds. General obligation bonds typically mature in 15 to 20 years. Councilmanic Bonds Bonds issued by the City Council. This type of bond does not require citizen vote but must be paid out of the City's annual operating budget. Developer Mitigation Fees These are fees imposed by the City for park land acquisition and development. This is a funding source derived from mitigation monies required through SEPA (State Environmental Protection Act) environmental review of development projects located within the City. For example, residential subdivisions are required to provide open space for 15 percent of the gross land area of the subdivision. Many developers provide a fee to the City in -lieu of constructing parks. Grants The City pursues a number of grant funding sources to augment funding available for capital projects. 'Washington State Department of Revenue, https://dor.wa.gov/legacy/Docs/forms/ReaIEstExcsTx/ Real EstExTxRates.pdf Federal Way Parks, Recreation and Open Space Plan _ � Exhibit B One of the primary sources of State grant funding is through the Recreation and Conservation Office (RCO). RCO administers several grant programs for recreation and habitat conservation purposes including: Aquatic Lands Enhancement Account (ALEA) • Boating Facilities Program (BFP) • Boating Infrastructure Grant Program (BIG) • Estuary and Salmon Restoration Program (ESRP) • Farmland Preservation • Forestland Preservation • Firearms and Archery Range Recreation Program (FARR) • Family Forest Fish Passage Program (FFFPP) • Land and Water Conservation Fund (LWCF) • Marine Shoreline Protection (MSP) • No Child Left Inside (NCLI) • Non -highway and Off -Road Vehicle Activities Program (NOVA) • Puget Sound Acquisition and Restoration Fund (PSAR) • Recreational Trails Program (RTP) • Salmon Recovery • Washington Wildlife and Recreation Program (WWRP) • Youth Athletic Facilities (YAF) Annexations/Transfers The City's Potential Annexation Area (PAA) east of 1-5 has several park facilities that would likely become part of the Federal Way park and open space system when this area is annexed to the City. rain ana i rails Keserve Fund The purpose of the Path and Trails Reserve Fund is to accumulate unexpended proceeds of the motor vehicle fuel tax receipts, which are legally restricted to the construction, and maintenance of paths and trails within City street rights -of -way. This fund must transfer such accumulated receipts back to a street construction/maintenance-oriented fund when specific projects have been defined. Ili i rn?c Raai rinntro Gi inA Established as an Enterprise Fund, this fund specifically accounts for the revenues and expenses related to the acquisition, capital improvements, maintenance and operations of the Dumas Bay Centre and Knutzen Family Theatre. The intent of the fund is to recover, primarily through user charges, the costs (expenses, depreciation) of providing services to the general public on a continuing basis. Impact Fees Federal Way Parks, Recreation and Open Space Plan Exhibit C In 2023, the City adopted a Park Impact Fee. Consistent with state law, the Park Impact Fee will be imposed for system improvements that are reasonably related to the new development, will not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development, and will be used for system improvements that will reasonably benefit the new development. Park Acquisition,, Deveiop ent and Renovation At times unexpected opportunities occur to purchase land or develop a project that has not been identified in this plan or listed in the Capital Improvements Plan. In those circumstances, the following criteria may be used to evaluate the property or project as an aid in decision -making. Staff may assess the situation using these criteria, identify potential funding sources, and present the findings to the Parks and Recreation Commission and the City Council for consideration. 1. Responds to an important gap in the park system or an urgent need or opportunity such as geographic location or unique circumstances not otherwise provided. Also may conform to legal contractual mandate. 2. Documented need for the project is based on evidence of unsanitary conditions, health and safety code violation, visible deterioration, and/or injuries. 3. Funding availability for the capital project as well as maintenance and operation is available or potential for leveraging 50% of the project costs from other sources. 4. Deferring the project will have negative implications for future park and recreation use or other capital projects within the City. 5. Implements the Parks and Recreation and Open Space Plan, the Federal Way Comprehensive Plan, or other adopted plans. In order for acquisition, development, or renovation to be considered, the majority of these criteria need to be met. Capital Improvement Plan The Parks, Recreation, and Open Space Plan is a planning document that is integrally tied to the City's Comprehensive Plan and the City's Capital Improvement Plan. The capital improvement plan for parks (Table 7-2) will focus on the near and mid-term actions identified in this chapter. Funding for projects in the Capital Improvement Plan are considered along with the preparation and approval of the City's biennial budget process. The biennium budget's first year begins on odd years. The City Council identifies goals and objectives for the operating and capital budgets in even years. The Parks Commission will review staff updates of the Park Capital Improvement Plan at a public meeting to receive comment and weigh priorities. After the public process, Federal Way Parks, Recreation and Open Space Plan Exhibit B the Parks Capital Improvement Plan is forwarded to City Council for funding along with the proposed biennium budget for the City. E ,--�df`E c .C-',.c[Pecd1 tixt :t € vernent Plea — Inf[ll List Location Type Year Cost PIF Eligibility PIF-Eligible Cost Formalize picnic areas/install picnic Adelaide shelters (2) 2033 167,000 18.05% $30,147 Alderbrook Playground Park Replacement 2023 150,000 18.05% $27,078 Playground i Alderdale park Re lacement 2027 150,000 18.05% $27,078 Add a fitness trail and BPA equipment 2026 143,000 18.05% $25,814 2030- BPA Repair asphalt trail 2040 - 0.00% - Install monument BPA sin 2028 7,000 18.05% $1,264 Install directional BPA signage/wayfindinq 2030 12,000 18.05% $2,166 Demo Hall & Green $ Brooklake Storage Buildings 2023 8,000 0.00% - Brooklake Electrical upgrades 2023 20,000 18.05% $3,610 Facility/Feasibility Assessment - Master Brooklake Plan 2023 4,000 18.05% $722 Cedar Grove Playground Park Replacement 2031 175,000 Convert To Artificial 18.05% $31,591 Celebration Turf 2032 11,500,000 18.05% $2,075,971 Sand based turf Celebration replacement Replace field fence 2026 500,000 18.05% $90,260 Celebration 2035 119,000 0.00% - Celebration Playground park Replacement 2024 450,000 18.05% $81,234 Federal Way Parks, Recreation and Open Space Plan Exhibit B Location Type Year Cost PIF Eligibility PIF-Eligible Cost $10,831 City Hall add ADA door control @ Court Entry 2023 60,000 18.05% City Hall Card control replacement/up rade 2027 125,000 18.05% $22,565 City Hall Carpet replacement 2027 250,000 0.00% - City Hall City Hall Water Heaters (5) 2028 75,000 0.00% - City Hall Court bench refurbish 2025 8,500 0.00% - City Hall Elevator 2024 185,000 0.00% - City Hall HVAC 2025 400,000 0.00% - City Hall Reception Counters - re lace Formica 2026 10,000 0.00% - City Hall Roof replacement 2026 500,000 0.00% - City Hall City Hall Security Fence Around Entire P/E Parcel/Lot Sidewalk ADA upgrades 2024 75,000 18.05% $13,539 2023- 2027 240,000 0.00% - Coronado Park Playground Replacement 2028 150,000 18.05% $27,078 Fisher Pond Prepare master plan 2028 12,000 18.05% $2,166 Fisher Pond Install picnic shelter 2030 83,000 18.05% $14,983 Fisher Pond Decommission on - site well 2030 12,000 0.00% - French Lake Develop/Install Shelter 2028 60,000 18.05% $10,831 Federal Way Parks, Recreation and Open Space Plan Exhibit B Location Type Year Cost PIF Eligibility PIF-Eligible Cost Exercise Equipment FWCC (full replace) 2026 150,000 0.00% - Locker Rooms/Cabanas FWCC Restoration 2023 250,000 0.00% - Replace Pool Water FWCC Slide/Play Equipment 2023 1,200,000 0.00% - FWCC Re -plaster Lap Pool Pool/slide repairs 2027 400,000 0.00% - FWCC 2023 298,000 0.00% - Replace pool and FWCC play equipment 2023 60,000 0.00% - FWCC Outdoor areas 2033 119,000 18.05% $21,482 Heritage Playground Woods park Replacement 2029 175,000 18.05% $31,591 Lake Grove Playground Park Replacement 2032 200,000 18.05% $36,104 Parking Lot Lakota Replacement 2023 170,000 0.00% - Upgrade soccer field Lakota to artificial turf 2021 1,489,000 18.05% $268,793 Upgrade running Lakota track to rubber 2021 238,000 18.05% $42,964 Upgrade field Lakota liqhting 2032 893,000 18.05% $161,204 Upgrade restrooms Lakota and increase parking 2032 953,000 18.05% $172,035 Laurelwood Prepare master plan 2025 36,000 18.05% $6,499 2027- Perform master plan Laurelwood improvements 2037 - 18.05% - Install 1/2 basketball Laurelwood court 2030 60,000 18.05% $10,831 Federal Way Parks, Recreation and Open Space Plan Exhibit B Location Type Year Cost PIF Eligibility PIF-Eligible Cost Playground Madrona Park Replacement 2030 175,000 18.05% $31,591 Replace and improve Mirror Lake playground 2020 143,000 18.05% $25,814 Complete sign Monument implementation 2023- Siqns program 2033 48,000 18.05% $8,665 Formalize Joe's Creek I Olympic View social trail 2035 - 18.05% - I m prove neighborhood Olympic View entrances (6) 2035 36,000 18.05% $6,499 Install 1/2 basketball Olympic View court 2030 60,000 18.05% $10,831 Olympic View Playground Park Replacement 2025 125,000 18.05% $22,565 f Repair/replace asphalt basketball Palisades court 2028 6,000 0.00% -- Palisades Install picnic shelter 2030 83,000 18.05% $14,983 Playground Palisades Park Replacement 2026 200,000 18.05% $36,104 Artificial turf Saca'awea replacement - SAC 2026 700,000 0.00% - Natural Turf Replacement Saca'awea (ballfields) 2023 300,000 0.00% - - Saca'awea I Renovate Ballfield Drainage Z024 50,000 0.00% - Replace Rubber Saca'awea running track Tennis Court 2024 340,000 0.00% - Saca'awea Replace ent 2025 200,000 0.00% - Wood Pole Saca'awea Replacement 2029 150,000 0.00% - Federal Way Parks, Recreation and Open Space Plan Exhibit B Location Type Year Cost PIF Eligibility PIF-Eligible Cost Replace water service Sacajawea line 2028 18,000 0.00% - New restroom - Saca'awea sewer lift station 2035 89,000 18.05% $16,066 Sacajawea Install picnic shelter 2030 83,000 18.05% $14,983 Parking lot lighting improvements (LED) at Sacajawea Park, Saghalie Park, Steel Safety & Lake Park, and Steel Security Lake Annex Install security 2028 - 18.05% - cameras in parking lots at Sacajawea Park, Saghalie Park, Safety & Steel Lake Park, and Security Steel Lake Annex 2028 - 18.05% - Artificial turf replacement - Soccer Saghalie Field 2032 600,000 0.00% Tennis Court Saghalie Renovation/Resurface 2025 40,000 0.00% - Replace Rubber 2023- Saghalie running track 2032 505,000 18.05% $91,162 Install artificial turf on Saghalie football field 2035 1,429,000 18.05% $257,962 Renovate basketball Saghalie courts Overlay parking lot 2026 71,000 0.00% - Saghalie 2028 48,000 0.00% - Develop a master Steel Lake plan 2033 149,000 18.05% $26,897 Install new shelters 2028- Steel Lake (Sites 2-5) 2033 292,000 18.05% $52,712 Re -pipe annex and Steel Lake beach house 2026 238,000 0.00% - Federal Way Parks, Recreation and Open Space Plan Exhibit B Location Type Year Cost PIF Eligibility PIF-Eligible Cost restrooms Steel Lake Annex Artificial Turf Replacement -'Karl Grosch Parking Lot Repairs 2032 700,000 0.00% - Steel Lake Annex Steel Lake Park 2024 2032 10,000 1,300,000 0.00% - Artificial turf - Site #5 18.05% $234,675 Steel Lake Park Dock Replacement 2027 New Maintenance Shop- (Parks Share, Steel Lake Shop 33%) 2032 Shop - Backup power Steel Lake Shop generator 2025 1,250,000 0.00% - 11,666,667 18.05% $2,106,058 $7,221 40,000 18.05% Steel Lake Shop Shop - Electrical Service - new panel 2024 7,500 18.05% $1,354 Steel Lake Shop Shop Roof 2026 75,000 18.05% $13,539 Steel Lake Shop Storage House - New Garage Doors 2024 7,000 18.05% $1,264 Steel Lake Shop Storage House Roof 2024 20,000 18.05% $3,610 Town Square Install shade covers 2025 89,000 18.05% $16,066 Town Square Install 2nd shelter 2030 83,000 18.05% $14,983 Town Square Band shell 2028 - 18.05% - Town Square Veteran memorial 2025 - 18.05% Wayfinding Si ns Implementation of wayfinding signage proqrarn 2030- 2040 - 18.05% - Wed ewood Replace and improve 2019 18.05% Federal Way Parks, Recreation and Open Space Plan Exhibit B Location Type Year Cost PIF Eligibility PIF-Eligible Cost playground i Renovate caretaker West H lebos access road Make parking lots West H lebos i repairs 167,000 12,000 $30,147 2033 0.00% - 2025 48,000 0.00% - West H lebos Expand parking lot 2033 149,000 18.05% $26,897 West H lebos Replace maintenance ara a 2030 Re air asphalt trail 2026 89,000 0.00% - Wildwood 12,000 0.00% Wildwood Upgrade park fixture 2035 12,000 18.05% $2,166 Total $44,256,667 $6,325,243 Location Type Year Downtown Park Expansion Community Park 2027- 2031 South Light Rail Station Park Community Park 2027- 2031 I Total Expansion List PIF Cost Eli@ 5,500,000 100% 11,000,000 100% 16,500,000 ity I PIF-Eligible Cost $ 5,500,000 11,000,000 $ 16,500,000 Note 1: These figures are preliminary estimates for planning purposes only, and should not be used for budgeting. Figures will be evaluated and updated during each budget cycle. Federal Way Parks, Recreation and Open Space Plan 10b COUNCIL MEETING DATE: May 16, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: PARK IMPACT FEE POLICY QUESTION: Should the City Council authorize the implementation of a Park Impact Fee? COMMITTEE: LUTC MEETING DATE: May 1, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Parks Deputy Director DEPT: Parks & Recreation Attachments: 1. Staff Report 2.Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYORAPPROVAL: 11/77 `Y12s ?-3 �)/�� 41��r�1RECTORAPt'RUVAL,. 5S�a3 Committee �-CnvnT rr S InNi Initial/Date Initial/Date A erIA14 COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on May 16, 2023. Chair COUNCIL MOTION(S): Yell V1 a,- � Cco1 n ber Committee Member FIRST READING OF ORDINANCE MAY 16, 2023: "1 move to forward the proposed ordinance to the June 6, 2023, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE 14ne, 6,2023: "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 5/10/2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director & Jason H. Gerwen, Deputy Parks Director SUBJECT: IPark Impact Fees Background Information: There are two adjustments to the previous draft ordinance regarding the implementation and adoption of Park Impact Fees pursuant to Title 19 FWRC. 1. Parks Impact Fees associated with commercial developments, they will be implemented at $0 until 2030 at which time the fee can be reevaluated. 2. Park Impact Fees will be calculated at time of application for a two-year period. An updated final report dated May 10, 2023, is attached which describes in detail the proposed PIF policy methodology and technical analysis. Rev. 7/18 CITY OF FEDERAL WAY MEMORANDUM DATE: 5/l /2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director & Jason H. Gerwen, Deputy Parks Director SUBJECT: Ordinance: Park Impact Fee Financial Impacts: The revenue to the City generated by implementing a Park Impact Fee will be variable and will be credited to the Parks Department, creating a new budget line. There is no cost to the City to receive these funds. Backp_round Information: The City of Federal Way Parks Department proposes to establish a Park Impact Fee ("PIF") to help fund parks projects that are necessary to serve and mitigate impacts from future growth in the City. In order to facilitate the creation of a PIF, the proposed Ordinance amends Title 19 (Zoning and Development) of Federal Way Revised Code to include a new Park Impact Fee chapter similar to existing zoning code chapters pertaining to other types of impact fees (Transportation and School impact fees). The Parks Department believes that adoption of a PIF is in the best interest of the citizens of Federal Way because the Parks Department has historically been underfunded resulting in the City falling behind in new development and expansion of parks, open space, and recreation capital facilities. Without a PIF, tax payers will continue to unfairly bear the burden of additional demand on the Parks system as a result of growth and development. As a result, the Parks Department is in need of a dedicated funding source to ensure the Parks Department can provide system improvements which will have a positive effect on the community for generations. In order to form the basis for determining and calculating an appropriate PIF in the City, the Parks Department entered into a Professional Services Agreement with the Financial Consulting Solutions Group ("FCS Group") in August, 2022, to study and provide policy analysis, technical analysis, and policy solutions for the implementation of a park impact fee on residential and non-residential developments. FCS Group's scope of services included multiple tasks. Tasks started with policy analysis to identify policy options available to the City. Technical analysis included: estimating existing and future customer base, eligible cost of existing projects, eligible cost of planned projects, Rev. 7/18 calculating an impact fee schedule and funding plan. Additionally, FCS Group supported staff in developing the draft ordinance and draft report. They are tasked with delivering a final report once we have gone through the City Council process. This non -project action has been through State Environmental Policy Act ("SEPA") review which was issued on February 24, 2023 as a procedural action that contains no substantive changes respecting the use or modification of the environment. The SEPA comment period closed on March 10, 2023, with no comments received. The SEPA appeal process ended on March 31, 2023 with no comments received. The Planning Commission conducted a duly noticed public hearing on these code amendments on April 5, 2023. The City received two comments via letter that were entered as part of the record of said hearing. The hearing concluded with the Planning Commission voting unanimously to forward the proposed Park Impact Fee ordinance to City Council with a recommendation of adoption. The Land Use & Transportation Committee of the City Council will review these code amendments on May 1, 2023. Rev. 7/18 ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to the establishment of a Park Impact Fee; adding a new Chapter 19.92 to Title 19 of the Federal Way Revised Code, including sections 19.92.010, 19.92.020, 19.92.030, 19.92.040, 19.92.050, 19.92.060, 19.92.070, 19.92.080, 19.92.090, 19.92.100, 19.92.110, 19.92.120, 19.92.130, 19.92.140, 19.92.150, and 19.92.160. WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the City Council finds that new growth and development in the City will create additional demand and need for public facilities; and WHEREAS, the City is authorized by Chapter 82.02 RCW to require new growth and development within the City to pay a proportionate share of the cost of new facilities to serve such new development activity through the assessment of impact fees; and WHEREAS, the impact fees assessed pursuant to Chapter 82.02 RCW must be based upon a showing that new growth and development creates additional demand and need for public facilities, that the impact fees do not exceed a proportionate share of the costs of such additional public facilities, and that the fees are spent for facilities reasonably related to the new growth and development; and WHEREAS, the City is authorized by Chapter 82.02 RCW to also impose impact fees for system improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements; and WHEREAS, RCW 82.02.090(7) specifically authorizes cities to assess impact fees for Ordinance No. 23- Page I of 38 Rev 1/22 publicly owned parks, open space, and recreation facilities; and WHEREAS, impact fees may be collected and spent only for system improvements that are included within the capital facilities element of the City Comprehensive Plan; and WHEREAS, the City has adopted a list of parks, recreation, and open space capital facilities in the Parks, Recreation, and Open Space Plan ("PROS Plan"); and WHEREAS, the PROS Plan is adopted by reference into the capital facilities element of the Comprehensive Plan; and WHEREAS, the Parks Department has historically been underfunded resulting in the City falling behind in new development and expansion of parks, open space, and recreation capital facilities; and WHEREAS, the Parks Department is therefore in need of a dedicated funding source to ensure the Parks Department can provide system improvements which will have a positive effect on the community for generations; and WHEREAS, without a park impact fee, the tax payers would unfairly bear the burden of additional demand on the Parks system as a result of future growth and development; and WHEREAS, the City has conducted extensive research and analysis documenting the impact of new growth and development on public parks, open space, and recreation facilities, and has prepared a Park Impact Fee Study (on file with the Federal Way Parks Department and attached as Exhibit A to this Ordinance) that incorporates policy and technical analysis regarding the need for and calculation of a park impact fee; and WHEREAS, the Park Impact Fee Study utilizes a methodology for calculating park impact fees which fulfills all of the requirements of RCW 82.02.060(1); and WHEREAS, this Ordinance contains provisions which fully comply with the requirements Ordinance No. 23- Page 2 of 38 Rev 1/22 of RCW 82.02.060(5)—(7); and WHEREAS, based on the Park Impact Fee Study and other relevant information, the Council has determined that the City is composed of a single service area for purposes of assessing transportation impact fees consistent with RCW 82.02.060(9); and WHEREAS, the Park Impact Fee Study recommended the implementation of a park impact fee; and WHEREAS, the Council finds that it is in the public interest, and consistent with the intent and purposes of the Growth Management Act, RCW 36.70A, for the City to adopt park impact fees which are uniform to the greatest extent practicable; and WHEREAS, this non -project action has been through SEPA review as a procedural action that contains no substantive changes respecting the use or modification of the environment and closed on March 10, 2023, with no comments or appeals received; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on this code amendment on April 5, 2023, and voted unanimously to forward the Park Impact Fee code amendments to the City Council without modification; and WHEREAS, the Land Use & Transportation Committee of the City Council of the City of Federal Way reviewed this code amendment on May 1, 2023; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to FWRC 19.35.010. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following Ordinance No. 23- Page 3 of 38 Rev 1/22 findings with respect to the proposed amendment. (a) The recitals set forth above are hereby adopted and restated as findings of fact. This code amendment is in the best interest of the residents of the City because it will provide the Parks Department with a dedicated funding source which will help ensure the Parks Department can provide system improvements to benefit new development and will benefit the City as a whole by ensuring sufficient public parks, recreation, and open space facilities are available for the citizens of the City. (b) This code amendment complies with Chapter 36.70A RCW, Growth Management. (c) This code amendment is consistent with the intent and purpose of its title under FWRC and will implement and is consistent with the applicable provisions of the Federal Way Comprehensive Plan as described in Section 2 below. (d) This code amendment bears a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. FWRC. (e) This code amendment has followed the proper procedures required under the Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendment: (a) The proposed FWRC amendment is consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: Capital Facilities Goal 4: Provide adequate funding for capital facilities in Federal Way to ensure the FWCP vision and goals are implemented. Ordinance No. 23- Page 4 of 38 Rev 1/22 Capital Facilities Policy 25: Pursue funding strategies that require new growth and development to pay its fair share of the cost of facilities that are required to maintain adopted level of service standards. One such strategy that should be implemented in the near term is an impact fee program for parks. Capital Facilities Policy 27: Use the following available contingency strategies should the City be faced with capital facility funding shortfalls: • Increase revenues by selling general obligation bonds, enacting utility taxes, imposing impact fees, and/or raising property tax levy rates. City Center Policy 11: Provide adequate funding for capital facilities in Federal Way to ensure the FWCP vision and goals are implemented City Center Goal 16: Develop civic and cultural facilities in addition to a public space and park system within the City Center to meet the needs of residents, employees, and visitors. These facilities and spaces should connect to the Citywide and regional system of public spaces, parks, and trails. PROS Plan Goal D.1; Policy D.2: Prepare an impact fee analysis to determine the feasibility of using an impact fee system for park development and facilities improvements. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because the amendment provides provisions in the code to ensure sufficient public parks, recreation, and open space facilities are available for the citizens of the Ordinance No. 23- Page S of 38 Rev 1/22 City, and such facilities benefit the public health, safety, and welfare. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way as it will provide the Parks Department with a dedicated funding source which will help ensure the Parks Department can provide system improvements to benefit new development and will benefit the City as a whole by ensuring sufficient public parks, recreation, and open space facilities are available for the citizens of the City. Section 3. A new Chapter 19.92 is hereby added to Title 19, "Zoning and Development Code," to read as follows: Chapter 19.92 Park Impact Fees 19.92.010 Title. This chapter shall be hereinafter known as the city of Federal Way Park Impact Fee PIF). 19.92.020 Purpose and intent. The purpose and intent of this chapter is for the collection of impact fees for public parks, open space, and recreation facilities, and providing for certain other matters in connection therewith. 19.92.030 Findings and authority. The city council of the city of Federal Way hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development, in the city of Federal Way will create additional demand and need for public facilities in the city, and the council finds that such new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The city of Federal Way has conducted extensive research and analysis documenting the procedures for measuring _ the impact of new developments on public facilities, has prepared the "Park Impact Fee Study", City of Federal Way" dated May, 2023 ("PIF study"), and incorporates that PIF stud. into Ordinance No. 23- Page 6 of 38 Rev 1/22 this title by this reference. The PIF study utilizes a methodology for calculating impact fees that fulfills all of the requirements of RCW 82.02.060(1) A copy of the PIF study shall be kept on file with the city clerk and is available to the public for review. Therefore, pursuant to Chapter 82.02 RCW, the council adopts this chapter to assess impact fees for publicly owned parks, open space, and recreation facilities. The provisions of this chapter shall be liberally construed in order to carrX out the purposes of the council in establishing _ the he impact fee program. _ 19.92.040 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearlv reauires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning_. "Applicant" means a person who applies for a buildings permit under Chapter 19.20 FWRC and who is the owner of the subject property or the authorized agent of the property owner. "Building permit" means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure. "Capital facilities plan " means the capital facilities element of the city's comprehensive plan adopted pursuant to Chapter 36.70A RCW and such plan as amended. "Council" means the city council of the city of Federal WU. "Development activity " means any work, condition, or activity which requires a permit or approval under the city's subdivision, zoning, or building code. Exempt permits are set forth in FWRC 19.92.080. "Development approval" means any written authorization from the city of Federal Way which authorizes the commencement of a development activity or use. Ordinance No. 23- Page 7 of 38 Rev 1/22 "Encumber" means to reserve, set aside, or otherwise earmark the park impact fees in order to paX for commitments, contractual obligations, or other liabilities incurred for system improvements. "Feepayer" means a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for additional system improvements and which requires the issuance of a building permit or a permit for a change of use. Feepayer includes an applicant for a park impact fee credit. "Impact fee schedule" means the table of impact fees to be charged per unit of development, computed by the formula adopted under this chapter, indicating the standard fee amount per dwelling unit or per commercial development that shall be paid as a condition of development within the city. "Independent fee calculation " means the park impact fee calculation prepared by a feepayer to support the assessment of a park impact fee other than by the use of the rate study, or the calculations prepared by the Parks Director where none of the fee categories or fee amounts in the impact fee schedule accurately describe or capture the impacts of the development activity on public facilities. "Owner" means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded. "PIF study" means the "Park Impact Fee Study, City of Federal Way," dated May, 2023, and attached to the ordinance codified in this chanter. and as hereafter amended. "Permit for change of use " or "change of use permit" means an official document which is issued by the city which authorizes a change of use of an existing building or structure or land. Ordinance No. 23- Page 8 of 38 Rev 1/22 "Pro'et ct improvements" means site improvements and facilities that are planned and designed to provide service for a particular development project, are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement. "Public facilities", for purposes of this chapter, means the following capital facilities owned or operated by the city of Federal Way or other governmental entities: parks, open space, trails, or recreational facilities. "System improvements ", for purposes of this chapter, means public park facilities that are included in the city of Federal Way's capital facilities plan, and such plan as amended, and are desi_ng ed to provide service to the community at large, in contrast to project improvements. "Park" means public parks, open space, trails, recreation facilities, and related appurtenances. "Park impact fee " means a payment of money imposed by the city of Federal Way on development activily pursuant to this chapter as a condition of granting development approval. Park impact fee does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, or the cost of reviewing independent fee calculations. "Park impact fee account(s) " means the separate accounting structure(s) within the cites established accounts, which structure(s) shall identify separately earmarked funds and which shall be established for the park impact fees that are collected. The account(s) shall comply with the requirements of RCW 82.02.070. 19.92.050 Park impact fee methodology. (1) The impact fee calculation is based on the PIF study attached to the ordinance codified in this chapter and by this reference full.. i�rporated herein. The actual park impact fee imposed shall Ordinance No. 23- Page 9 of 38 Rev 1/22 be as set forth in the park impact fee section of the current impact fee schedule as adopted by council. (2) Each development shall mitigate its impacts on the city's parks facilities by payment of a fee that is based on the type of land use of the development and proportionate to the cost of the parks facility improvements necessary to serve the needs of growth. For residential development, the fee amount is based on number and type of dwelling units; for commercial development, the fee is based on land use and square footage of the development. 19.92.060 Assessment of impact fees. (1) The city shall collect park impact fees from applicants seekingdvelopment approvals from the ci1y. fly development activity in the city for which a building permit or change of use permit is required, consistent with the provisions of this chapter. (2) When a park impact fee applies to a change of use permit, the park impact fee shall be assessed for the land use category of the new use under the PIF study, less any park impact fee that would have been assessed for the prior use under the PIF study. For purposes of this provision, a change of use should be reviewed based on the land use category provided in the PIF study that best captures the broader use of the property under development. (3) For commercial developments, the actual impact fee assessed in the impact fee schedule maX not exceed $0 through December 31, 2029. (4) For mixed use developments, park impact fees shall be assessed for the proportionate share of each land use, based on the applicable measurement in the PIF study. (5) Park impact fees shall be determined at the time of the earliest complete application for a development approval required for the development activity using _ the he impact fee schedule then in effect and shall be collected when each building_ permit or change of use permit triggering Ordinance No. 23- Page 10 of 38 Rev 1/22 assessment of park impact fees is issued. Notwithstanding the fore _ og_ing, for all building permits or change of use permits that trigger assessment of park impact fees and are associated with the development activity, but are not issued within two years of the earliest complete application for a development approval applicable to the development activity, the total amount of the impact fees for such permits shall instead be calculated and collected at the time each permit is issued, using the impact fee schedule then in effect. Park impact fees shall be paid before the buildings permit or change of use permit is issued by the city. (6) No less than 60 days prior to the end of the two -.ear period in FWRC 19.92.060(5), an applicant may submit a written request with supporting documentation to the Department of Community Development requesting an extension of the two -.period for up to one additional year. The Community Development Director maygpprove such a request only if it meets the following criteria: (a) The applicant has made substantial progress toward building permit or change of use permit issuance since the complete application for the development approval; (b) There are circumstances beyond the applicant's control which prevented issuance of the building permit or change of use permit; and c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance, contribute to erosion and sedimentation problems, or impact the public health, safety, and welfare. Determinations of the Community Development Director under this section shall be subject to the appeals procedures set forth in FWRC 19.92.150(4). 19.92.070 Independent fee calculations. (1) If, in the judgment of the Parks Director, none of the fee categories or fee amounts set forth in Ordinance No. 23- Page 11 of 38 Rev 1/22 the impact fee schedule accurately describes or captures the impacts of a new development on parks, the Parks Department may conduct independent fee calculations and the Parks Director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and sent to the feepayer. Pursuant to RCW 82.02.060. where unusual circumstances are identified by the Parks Director. the standard fee be adjusted in specific cases to ensure that impact fees are imposed fairly. (2) There is a rebuttable presumption that the calculations set forth in the PIF study are valid. In calculating the fee imposed on a particular development, the city. shall consideration of studies and data submitted by a feepayer in order to adjust the amount of the fee. The feepayer shall submit an independent fee calculation study to the Parks Director, who shall review the study to determine that the study: (a) Is based on accepted impact fee assessment practices and methodologies; (b) Uses acceptable data sources and the data used is comparable with the uses and intensities planned for the proposed development activity;. (c) Complies with the applicable state laws governing impact fees; (d) Is prepared and documented by professionals who are mutually agreeable to the city and the feepayer and who are qualified in their respective fields; and (e) Shows the basis upon which the independent fee calculation was made. (3) In reviewing the study, the Parks Director may require the feepayer to submit additional or different documentation. If an acceptable study is presented, the Parks Director may adjust the fee for the particular development activity. The Parks Director shall consider the documentation submitted by the applicant, but is not required to accept such documentation that the Parks Director reasonably deems to be inaccurate or unreliable. Ordinance No. 23- Page 12 of 38 Rev 1/22 (4) A feepayerquesting an adjustment or independent fee calculation may pay the impact fees imposed by this chapter in order to obtain a building, permit while the city determines whether to partially reimburse the feepayer by making an adjustment or by accepting the independent fee calculation. (5) Any feepayer submitting an independent fee calculation will be required to pay a fee to cover the cost of reviewing the independent fee calculation. The fee required by the city for conducting the review of the independent fee calculation shall be set by council resolution, and shall be paid by the feepayer prior to issuance of the Parks Director's determination. 19.92.080 Exemptions. (1) The park impact fees are generated from the formula for calculating the fees set forth in this chapter. The amount of the impact fees is determined by the information contained in the adopted park and open space plan, park project list, and related documents, as appended to the cites comprehensive plan. All development activity located within the city shall be charged _ park impact fee; provided, that the followingeptions apply. (2) The following shall be exempt from parks impact fees: (a) Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. (b) Alteration, expansion, or remodeling of an existing residential dwelling or structure where no new units are created and the use is not changed. (c) Demolition of existing structures. (d) Moving an existing structure within the city from one site to another. (e) A development permit for a change of use that has less impact than the existing use. Ordinance No. 23- Page 13 of 38 Rev 1/22 (f) Building permits that do not result in an increased impact on parks. (g) Minor changes in tenancies that are consistent with the general character of the included structure, building, or previous use. (3) The Community Development Director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section. Determinations of the Community Development Director shall be subject to the appeals procedures set forth in FWRC 19.92.150(4). 19.92.090 Credits. (1) A feepayer can request that a credit or credits for parks and recreation impact fees be awarded to them for parks and recreation improvement projects provided by the feepayer in excess of the standard requirements for the feepayer's development if the land, improvements, and/or the facility constructed are identified as parks and recreation system improvements that provide capacity to serve new growth in the capital facilities plan, or the Parks Director, at their discretion, makes the finding that such land, improvements, and/or facilities would serve the parks and recreation goals and objectives of the capital facilities plan. (2) For each request for a credit or credits, the Parks Director shall determine the value of dedicated land by using available documentation or selecting _ an appraiser from a list of independent appraisers maintained by the Parks Department to determine the value of the land being dedicated. The value of improvements will be determined through documentation submitted by the feepa (3) The feepayer shall pay the cost of the appraisal and shall deposit on account the estimated cost of the appraisal as determined by the city at the time the feepa. e�quests consideration for a credit. (4) After receiving_ t�ppraisal, the Parks Director shall provide the applicant with a letter or Ordinance No. 23- Page 14 of 38 Rev 1/22 certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicatingtheir to the terms of the letter or certificate and return such sipped document to the Parks Director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 das shall nullify the credit. (5) Any claim for credit must be made no later than the time of application for a building, permit. claim not so made shall be deemed waived. (6) Determinations made by the Parks Director pursuant to this section shall be subject to the appeals procedures set forth in FWRC 19.92.150(4). (7) Pursuant to and consistent with the requirements of RCW 82.02.060, the fee rate in the impact fee schedule has been reasonablv adiusted for other revenue sources which are earmarked for. or proratable to, funding parks and recreation facilities. 19.92.100 Establishment of park impact fee accounts. (1) Park impact fee receipts shall be earmarked specifically and deposited in one or more special, interest -bearing accounts. (2) The city shall establish one or more separate park impact fee accounts for the fees collected pursuant to this chapter. Funds withdrawn from the account or accounts must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the fees shall be retained in the accounts and expended for the purposes for which the park impact fees were collected. (3) On an annual basis, the Finance Director shall provide a report to the council on the park impact Ordinance No. 23- Page 15 of 38 Rev 1/22 fee account showing the source and amount of all moneys collected, earned, or received, and the parks and recreation system improvements that were financed in whole or in part by impact fees. (4) Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings an extraordinary and compelling reason or reasons for the delay. 19.92.110 Administrative guidelines. The Parks and Community Development Directors are hereby authorized to adopt internal guidelines for the administration of park impact fees, which include the adoption of procedural rules. 19.92.120 Refunds. (1) If the city fails to expend or encumber the park impact fees within 10 years of the date the fees were paid, unless extraordinary or compelling reasons are established pursuant to FWRC 19.92.130, the current owner of the property on which park impact fees have been paid may receive a refund of such fees. In determining whether park impact fees have been expended or encumbered, park impact fees shall be considered expended or encumbered on a first in, first out basis. (2) The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant must be the current owner of record of the real property against which the park impact fee was assessed. (3) Owners seeking a refund of park impact fees must submit a written request for a refund of the fees to the Parks Director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. (4) Any park impact fees for which no application for a refund has been made within this one-year shall be retained by the city and expended on the system improvements for which they were collected. Ordinance No. 23- Page 16 of 38 Rev 1/22 (5) Refunds of park impact fees or offsets against subsequent park impact fees under this section shall include any interest earned on the park impact fees by the city. (6) When the city seeks to terminate any or all components of the park impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimant. All funds available for refund shall be retained for a period of one year. At the end of one . easy remaining funds shall be retained by the city, but must be expended for the public facilities for which the park impact fees were collected. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. (7) The city shall also refund to the current owner of property for which park impact fees have been paid, all park impact fees paid including interest earned on the park impact fees, if the development activity for which the park impact fees were imposed did not occur; provided, however, that if the city has expended or encumbered the park impact fees in good faith prior to the application for a refund, the Parks Director may decline to provide the refund. If, within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the Parks Director for an offset in the amount of the fee originally _ paid and not refunded. The petitioner must provide receipts of park impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. Determinations of the Parks Director shall be in writing and shall be subject to the appeals procedures set forth in FWRC 19.92.150(4). Ordinance No. 23- Page 17 of 38 Rev 1/22 19.92.130 Use of park impact fees. (1) Pursuant to this chapter, park impact fees shall be used for parks and recreation facilities that will reasonably benefit growth and development, and only for park facilities addressed b. the capital facilities element of the comprehensive plan. (2) Park impact fees shall not be used to make up deficiencies in city facilities serving an existing development. (3) Park impact fees shall not be used for maintenance and operations, including, personnel. (4) Park impact fees may be used for but not limited to land acquisition, site improvements, en_ing eering and architectural services, permitting, financing, administrative expenses, planning, mitigation costs, capital equipment pertaining to parks facilities, and any other expenses which can be capitalized. (5) Park impact fees may also be used to recoup public improvement costs incurred by the city to the extent that growth and development will be served by the previously constructed improvement- (6) In the event bonds or similar debt instruments are or have been issued for parks facility improvements, park impact fees may be used to pay the principal and interest on such bonds. 19.92.140 Administrative fees. (1) For each park impact fee imposed, there shall be charged an administrative fee, the amount of which shall be set by council resolution. The administrative fee shall be deposited into an administrative fee account within the park impact fee account(s). Administrative fees shall be used to defray the city's actual costs associated with the assessment and collection and update of the fees. An administrative fee is not refundable or creditable. (2) The administrative fee shall be paid by the feepayer at the same time as the park impact fee. 19.92.150 Appeals. Ordinance No. 23- Page 18 of 38 Rev 1/22 (1) The applicant may pay the park impact fees under protest pending appeal to avoid delays the issuance of building permits or change of use permits. No appeal shall be permitted until the impact fees at issue have been paid. (2) Requests for review regarding _ _ the impact fees imposed on any development activity may be filed only the applicant for the development activity at issue. (3) The applicant must first file a request for review regarding _ impact fees with the Parks Director, as provided herein: (a) The request shall be in writing on the form provided by the cites The reauest for review by the Parks Director shall be filed within 14 calendar days after the applicant's payment of the impact fee at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; (c) No administrative fee will be imposed for the request for review by the director; and The Parks Director shall issue his/her determination in writi (4) Determinations of the Parks or Community Development Director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, the independent fee calculation which is authorized in FWRC 19.92.070, the extension of the two- year period in FWRC 19.92.060(5), or any other determination which the Parks or Community Development Director is authorized to make pursuant to this chapter, may be gppealed by the applicant or owner using the same process as the underlying development permit application or process I of this title if there is no underlyingdevelopment permit, substituting the Parks Director for the Community Development Director as necessary. The appeal, in the form of a letter of appeal, must be delivered to the appropriate department within 14 calendar days after issuance of the decision under appeal. In those cases where the proposed development activity may require a Ordinance No. 23- Page 19 of 38 Rev 1/22 public hearing under the authority of other chapters of this code, the hearings may be combined. For example, if the underlying development permit application is a preliminaU plat, the appeal shall be heard at the preliminary_ plat public hearing_. 19.92.160 Existing authority unimpaired. Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21 C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with Chapters 43.21C and 82.02 RCW. Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. 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. Ordinance No. 23- Page 20 of 38 Rev 1/22 Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2023. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 21 of 38 Rev 1/22 EXHIBIT A City of Federal Way This entire report is made of readily recyclable materials, including the bronze wire binding and the front and back cover, which are made from post -consumer recycled plastic bottles. �__ to ____) Park Impact Fee Study Y Final Report May 10, 2023 Washington 7525166th Avenue NE, Ste. D215 Redmond, WA 98052 425.867.1802 Oregon 5335 Meadows Road, Ste 330 Lake Oswego, OR 97035 503.841.6543 Colorado PO Box 19114 Boulder, CO 80301-9998 719.284.9168 www.fcsgroup.com ❖> FCS GROUP • Solutions -Oriented Consulting Or City of Federal Way Park Impact Fee Study May 2023 page ii TABLE OF CONTENTS Tableof Contents........................................................................................................................................... ii SectionI. Introduction.................................................................................................................................1 I.A. Policy........................................................................................................................................1 I.B. Calculation Overview....................................................................................................................2 SectionII. PIF Analysis................................................................................................................................ 3 II.A. Growth......................................................................................................................................3 II.B. Future Facilities Fee.....................................................................................................................6 H.C. Existing Facilities Fee...................................................................................................................9 II.D. Calculated PIF.......................................................................................................................... 10 SectionIII. Implementation.......................................................................................................................... 12 II I.A. Indexing...................................................................................................................................12 111.13. Funding Plan............................................................................................................................12 III.C. Comparisons............................................................................................................................12 Appendix A: Infill Project List......................................................................................................................... 14 >FCS GROUP Introduction The City of Federal Way (City) is looking to implement a parks impact fee (PIF) to provide partial funding for the capital needs of its parks system. In 2022, the City engaged FCS GROUP to calculate a PIF based on recent growth estimates, its parks project lists, and inventory data. The City provides parks and recreation services for all residents in its boundaries, and the City's park planning efforts extend throughout the same boundaries. Given the City-wide planning and provision of parks services, as well as the City's relatively limited geographic scope, the City park system is a single service area for the purposes of the PIF study. The following sections provide the policy background upon which the PIF is based, as well as a general overview of the PIF calculation. The rest of the report details the specific data inputs and results of the PIF calculation. POLICY Park impact fees are enabled by state statutes, authorized by local ordinance, and constrained by the United States Constitution. State Statutes Impact fees are authorized by state law in RCW 82.02.050 through 82.02.110. By law, revenue from park impact fees shall be used for park system improvements that will reasonably benefit new development. The money may not be used to address system deficiencies, or maintenance and repair costs. The fees cannot exceed new development's proportionate share of the improvement costs, and the revenue may be spent only for the public facilities which are addressed by the capital facilities plan element of an adopted comprehensive land use plan. Impact fee revenue must be spent within ten years after collection. In addition, the City cannot depend entirely on impact fees to fund capital costs; there must be some amount of funding from other local sources. Local Ordinance The City of Federal Way is implementing code updates to support the PIF calculated in this report. United States Constitution The United States Supreme Court has determined that impact fees and other exactions that comply with state and/or local law may still violate the United States Constitution if they are not proportionate to the impact of the development. The PIF calculated in this report are designed to meet such constitutional and statutory requirements. •:;> FCS GROUP CALCULATION OVERVIEW In general, impact fees are calculated by adding an existing facilities fee component and a future facilities fee component —both with potential adjustments. Each component is calculated by dividing the eligible cost by growth in units of demand. The unit of demand becomes the basis of the charge. The diagram below summarizes the basic outline of an impact fee calculation, and more detail is provided in the following bullets. Eligiblecoat of capacity in existing facilities • Growth in system capacity i Eligible cost of planned capacity increasing facilities • • Growth in system capacity • The eligible cost of capacity in existing facilities is the cost of existing park facilities that will serve growth. For a parks impact fee, determining the capacity in the existing system available for growth starts with determining the amount of existing parks facilities that are required for existing users, commonly measured in park acres. One method for doing so first calculates the system's level -of -service after completion of the capital facilities plan. By applying that level -of - service target to the current population, the City can determine if it's currently meeting its level - of -service target. If the City has more park facilities (such as park acres) than needed based on its level -of -service target, the costs of such available facilities can be included in the existing facilities component of the impact fee. • The eligible portion of capacity increasing projects is the cost of future projects that will serve growth. Some projects are intended to only serve growth, some projects do not serve to increase the capacity of the City's park system, and some serve the City's current and future populations. Determining how projects fall into each category can again be done with a level -of -service calculation to estimate how many park acres (for example) are needed to serve growth given the City's level -of -service target. Other projects that do not add a measurable number of parks facilities may still be eligible if they will serve both existing and future users. • The growth in system demand is the anticipated growth in the City's population. However, as residents are not the only users of the City's park system, employees of businesses within will be included as well, at a separate rate that reflects the parks demand characteristics of commercial developments. Finally, summing the existing facilities component with the future facilities component gives the fully calculated impact fee. •:;>FCS GROUP PIF Analysis This section provides the detailed calculations of the maximum allowable PIF in the City of Federal Way. GROWTH The calculation of projected growth begins with defining the units by which current and future demand will be measured. Then, using the best available data, we quantify the current level of demand and estimate a future level of demand. The difference between the current level and the future level is the growth in demand that will serve as the denominator in the PIF calculations. Unit of Measurement A good unit of measurement allows an agency to quantify the incremental demand of development or redevelopment that creates additional demand for park facilities. A more precise unit of measurement allows an agency to distinguish different levels of demand added by different kinds of development or redevelopment. Options For parks impact fees, demand that can be attributed to individual developments is usually measured in the number of people who will occupy a development. For residential developments, the number of occupants means the number of residents. We use data from the U. S. Census Bureau to estimate the number of residents for different kinds of dwelling units. For non-residential developments, the number of occupants means the number of employees. We use industry data to estimate the number employees per square foot for different kinds of non- residential developments. When an agency chooses to impose a PIF on both residential and non-residential developments, the demand of one additional resident must be carefully distinguished from the demand of one additional employee. This is usually accomplished by the calculation of a residential equivalent. One resident is equal to one residential equivalent, and one employee is typically less than one residential equivalent. Non-residential developments are a source of demand for parks facilities in Federal Way, and the City is intending to charge PIFs for both residential and non-residential developments using residential equivalents as the unit of growth. Demand Adjustment for Non -Residential Users To charge PIFs to both residential and non-residential developments, we must estimate both (1) how much availability non-residential occupants (i.e., employees) have to use parks facilities and (2) how that availability differs from residential occupants (i.e., residents). •:;> FCS GROUP The calculation begins with the most recent counts for population and employment in Federal Way. As shown in Exhibit 2.1 below, in 2019 (the most recent year for which both population and employment data were available), 96,526 residents lived in Federal Way, according to the Census Bureau's American Community Survey. Also, according to the Census Bureau, 28,063 employees worked in Federal Way for their primary occupation. Of these, 4,320 people both lived and worked in Federal Way. Exhibit 2.1— 2019 Population and Employment in Federal Way Working Inside Federal Way 4,320 23,743 28,063 Working Outside Federal Way 37,152 Not Working 55,054 Total 96,526 Source: U.S. Census Bureau, OnTheMap Application, 2019 Inflow/Outflow analysis (employment); U.S. Census Bureau, 2019 American Community Survey 5-year estimates, Table B01003 (population) Next, we estimate the number of hours per week that each category of person would be available to use the parks facilities in Federal Way. Exhibit 2.2 below shows an estimate of maximum availability. It assumes that 8 hours each day are used for sleeping for all residents of the City. For those who are not working, the remaining 16 hours of each day are available for use of the parks system, giving a total of 112 hours per week of parks system availability. For workers, 8 hours of each day are assumed to be spent at work, which leaves the remaining 8 hours per weekday available for residential use of the parks system. In addition, workers have 16 hours of residential demand each weekend day, for a total of 72 hours per week of residential demand. During work, 1 hour is assumed to be available for workers to use the parks system, giving 5 hours per week of non-residential demand. These estimates are not of actual use, but maximum availability. Exhibit 2.2 — Demand Estimates by Category of Parks User >FCS GROUP Source: FCS GROUP. Source: FCS GROUP. When the hours of availability above are multiplied by the counts presented earlier, we can determine the relative demand of residents and employees. As shown in Exhibit 2.3 below, the parks demand of one employee is equivalent to the parks demand of about 0.05 residents. To put it another way, the parks demand of about 18.96 employees is equivalent to the parks demand of one resident. Exhibit 2.3 — Total Hours per Week of Park Availability Source: Previous tables Growth in Demand The current (2023) demand for parks facilities is 103,385 residential equivalents. That number is the sum of 101,534 residents and 1,851 residential equivalents for 35,092 employees according to the Puget Sound Research Council (PSRC). Note that these 2019 population and employment estimates differ from the Census Bureau estimates. This is acceptable because the 2019 Census Bureau data is used only to determine the residential equivalency factor. During the forecast period from 2023 to 2044, the residential population is expected to grow by 21,808 residents. If total residential equivalents remain proportionate to the residential > FCS GROUP population, then residential equivalents will grow by 22,774 to a total of 126,159 residential equivalents. Therefore, 22,774 residential equivalents will be the denominator for the PIF calculations later in this report. Exhibit 2.4 below summarizes these calculations: Exhibit 2.4 — Growth in Demand Source: Puget Sound Research Council (population and employee estimates); Previous tables (resindetial- equivalent employee factor) FUTURE FACILITIES FEE The future facilities fee is the eligible cost of planned projects per unit of growth that such projects will serve. Since we have already calculated growth (denominator) above, we will focus here on the future facilities fee cost basis (numerator). Eligibility A project's eligible cost is the product of its total cost and its eligibility percentage. The eligibility percentage represents the portion of the project that creates capacity for future users. For park impact fees, eligibility is often determined by a level -of -service analysis that quantifies the park facilities that are needed for growth (and are therefore eligible to be included in the future facilities cost basis). Park facilities can be measured by sorting them into categories such as neighborhood, community, or open space, or by considering their respective units of measurement (e.g., acres). Further, in either approach, the current or future level of service may be targeted. These two separate choices create four distinct and equally defensible ways of calculating the eligibility percentage of each project. Each method will be examined in the sections below. Current Level of Service (By Category and by Unit of Measurement) Determining PIF eligibility for parks projects using the current level of service requires determining the quantity of parks facilities needed to maintain the current level of service. Any projects that add facilities in excess of that quantity are ineligible. The City has five relevant parks categories for determining its level of service by category. These are shown in the upper panel of the first column in Exhibit 2.5. Each category receives its own level of service. Using community parks as an example, the City currently has 486.94 acres of community parks. Using the 2023 population discussed above, this implies that there is 4.80 acres of community parks per 1,000 residents. The parks project list, when completed, will add 7.00 acres of community parks. Based on the 2044 population and the current level of service, •:;>FCS GROUP 63.67 additional acres of community parks are needed. So, all the additional park acres can be used to accommodate growth, and therefore are eligible for inclusion in the parks impact fee. The same line of reasoning is used to develop the eligibility percentages for other parks categories. Calculating eligibility using level of service by unit of measurement (e.g., acres, miles), instead of by park type, also follows the same approach. The eligibility percentage for each parks category or unit of measurement is shown in the last column of Exhibit 2.5. Source: 2019 PROS Plan Table 3.1, City staff Future Level of Service (By Category and Unit of Measurement) To determine PIF eligibility using the future level of service, the proposed additional quantity of planned parks facilities is added to the current quantity of parks facilities. Using the future population, a future level of service is then calculated. That level of service is compared to the current parks system to determine if any deficiencies exist against the current population. Only the portions of parks projects that do not cure existing deficiencies are considered eligible for the future facilities fee cost basis under this method. As in the previous section, calculating PIF eligibility based on future level of service can be done both when measuring parks facilities by category and when measuring by unit of measurement. Exhibit 2.6 below outlines both methods using the future level of service. Using community parks as an example again, the City currently has 486.94 acres of community parks. The parks project list, when completed, will add 7.00 acres of community parks. This results in a future level of service of 4.30 acres of community parks per 1,000 residents in 2044. If that level of service was applied to the 2023 population, a minimum of 436.82 acres would be needed. However, there are already 486.94 acres of community parks. So, the additional acres added by the project list are not needed for existing users, and therefore 100 percent are includable in the future facilities fee. The same approach is used to develop the eligibility percentages for other parks categories. Calculating eligibility using level of service by unit of measurement (e.g., acres, miles), instead of by park type, follows the same logic. The eligibility percentage for each parks category or unit of measurement is shown in the "Eligibility" column of Exhibit 2.6 below. •:;>FCS GROUP Exhibit 2.6 - EliLibility under the Future Level of Service 1.- WF 000 000Reimbursable .. QuantityQuantityQuantity By Category: Community Park Acres 486.94 4.80 7.00 4.30 436.82 100.00% 50.12 Neighborhood Park Acres 108.05 1.06 0.00 0.94 95.56 0.00% 12.49 Open Space Acres 436.16 4.30 0.00 3.80 385.72 0.00% 50.44 Special Use Facilities Number 6.00 0.06 0.00 0.05 5.31 0.00•� 0.69 Trail Miles 12.07 0.12 0.00 0.11 10.67 0.00% 1.40 By Unit of Measurement: Park or Natural Area Acres 1031.15 10.16 7.00 9.04 918.10 100.00% 113.05 Special Use Facility Number 6.00 0.06 0.00 0.05 5.31 0.00% 0.69 Trail Miles 12.07 0.12 0.00 0.11 10.67 0.009/o 1.40 Source: 2019 PROS Plan Table 3.1, City staff The final column of Exhibit 2.6 shows the reimbursable quantity of each park category and unit of measurement. The quantity of such park facilities exceeds the existing needs of the park system when measuring by the future level of service, and as such, can be used to provide capacity for future users. Since those facilities will benefit future users, a share of their cost can be included in the existing facilities cost basis. Expansion Projects The first of the City's two project lists includes projects that will expand the inventory of the parks system and are therefore subject to the eligibility calculations described above. The total cost of these projects is $16.5 million, and eligibility is based on the level -of -service calculation chosen. These projects are summarized in Exhibit 2.7 below. The eligibility percentage and eligible cost columns assume the future -by -unit approach to level of service. Exhibit 2.7 - Expansion Projects Source: City staff Infill List The second of the City's two project lists includes projects that will not expand the inventory of the parks system by adding acres but that will nevertheless add capacity for future users by adding amenities. The project list is shown in Appendix A and has a total cost of $44.3 million. Each project is assigned one of two eligibility percentages: zero percent if the project is for repair or replacement of existing assets and 18.05 percent if the project adds new amenities. That 18.05 percent represents the share of total future users made up of new users (in 2044), and assigning a project that percent recognizes that existing and future users are expected to share new amenities in existing parks proportionately. The total eligible cost of the infill list is approximately $6.3 million. •:;> F C S GROUP Calculated Future Facilities Fee Cost Basis After determining the costs dedicated to expanding capacity, the future facilities fee cost basis is calculated by multiplying those costs by their respective eligibility percentages. As discussed above, eligibility for capacity -expanding costs on the project list were determined through level - of -service calculations, and projects on the infill list were assigned either 0 or 18.05 percent. As all methods of determining level -of -service result in the same eligibility percentages, the future facilities cost basis is $22.8 million under all scenarios. EXISTING FACILITIES FEE The existing facilities fee is the eligible cost of the park facilities available for future users per unit of growth that such facilities will serve. Growth was calculated in Section ILA and Exhibit 2.6 shows the quantity of facilities available for inclusion in the existing facilities fee. The remaining piece of the fee calculation is the original cost of eligible park facilities. Existing Facilities Fee Cost Basis The City provided records for historical expenditures on its parks system going back to 1991, which are totaled by category and unit of measurement in the fourth column of Exhibit 2.10 below. Dividing those historical expenditures by the quantity of park acres and trail miles yields a calculation of investment per unit. By multiplying that investment per unit by the number of eligible units shown in Exhibit 2.6, the eligible cost of those park facilities is calculated to be approximately $2.3 million when measuring by category and approximately $3.4 million when measuring by unit of measurement. However, an adjustment must be made for growth's share of outstanding debt related to that investment. Such an adjustment is necessary to make sure that growth isn't paying twice for the same capacity; once in the PIF, and once through property taxes. Growth's share of outstanding principal is estimated to be $2.4 million, and so the total eligible amount is either $0 or $1.0 million depending on the method used for determining level of service. Exhibit 2.10 — Existing Facilities Fee Cost Basis By Category: Community Park Acres $ 24,293 50.12 $ 1,217,495 Neighborhood Park Acres 15,345 12.49 191,732 Open Space Acres 1,294 50.44 65,262 Special Use Facilities Number 1,253,616 0.69 869,772 Trail Miles - 1.40 - Total $ 2,344,261 $ 2,400,184 $ By Unit of Measurement: Park or Natural Area Acres $ 22,668 113.05 $ 2,562,570 Special Use Facility Number 1,253,616 0.69 869,772 Trail Miles - 1.40 - Total $ 3,432,341 $ 2,400,184 $ 1,032,158 Source: City staff (historical investment, oustanding debt); previous tables •:;>FCS GROUP CALCULATED PIF This section combines the eligible cost from the future facilities fee cost basis and the existing facilities fee cost basis. Exhibit 2.11 below summarizes the PIF calculation for all four measures of level of service. Exhibit 2.11 —Calculated PIF Cost Basis: Future Facilities $ 22,825,243 $ 22,825,243 $ 22,825,243 $ 22,825,243 Existing Facilities - - - 1,032,158 Total Cost Basis $ 22,825,243 $ 22,825,243 $ 22,825,243 $ 23,857,401 Growth in Residential Equivalents 1 22,774 22,774 22,774 22,774 Future Facilities Fee per Residential Equivalent $ 1,002 $ 1,002 $ 1,002 $ 1,002 Existing Facilities Fee per Residential Equivalent - - - 45 Total Parks Impact Fee per Residential Equivalent $ 1,002 $ 1,002 $ 1,002 $ 1,048 Residential Fee Schedule: Equivalents Dwelling Unit 2.71 $ 2,716 $ 2,716 $ 2,716 $ 2,839 Employee 0.05 53 53 53 55 Source: Census Bureau, 2021 American Community Survey, Tables B25024 and B25033 (residents per dwelling unit); previous tables As shown above, the maximum allowable PIF is $1,048 per residential equivalent under the future level of service by unit of measurement. The resulting PIF is $2,839 for a residential dwelling unit, based on an average occupancy of 2.71 residents per Census data. The rate per employee is $55 based on the equivalency calculated in Section H.A. The non- residential PIF can be charged using an estimate of employee density per 1,000 square feet. Exhibit 2.12 below provides a schedule for the non-residential PIF for all four level -of -service calculations based on employee density estimates from the Portland Metro regional government. •:;>FCS GROUP Exhibit 2.12 - Calculated Non-residential PIF .)Invment Dr Industry lype S.F. per Employees per Current (P IF Future (Pll� Current(P'll- P11-peri,1111191 Employee 00 per 10 per 111 per 111 Ag., Fish & Forest Services; Constr.; Mining 1-19 590 1.695 $ 89.58 $ 89.58 $ 89.58 $ 93.63 Food & Kindred Projects 20 630 1.587 83.89 83.89 83.89 87.69 Textile &Apparel 22,23 930 1.075 56.83 56.83 56.83 59.40 Lumber & Wood 24 640 1.563 82.58 82.58 82.58 86.32 Furniture; Clay, Stone & Glass; Misc. 25, 32, 39 760 1.316 69.54 69.54 69.54 72.69 Paper&Allied 26 1,600 0.625 33.03 33.03 33.03 34.53 Printing, Publishing&Allied 27 450 2.222 117.45 117.45 117.45 122.76 Chemicals, Petroleum, Rubber, Leather 28-31 720 1.389 73.41 73.41 73.41 76.73 Primary & Fabricated Metals 33,34 420 2.381 125.84 125.84 125.84 131.53 Machinery Equipment 35 300 3.333 176.18 176.18 176.18 184.14 Electrical Machinery, Equipment 36,38 400 2.500 132.13 132.13 132.13 138.11 Transportation Equipment 37 700 1.429 75.50 75.50 75.50 78.92 TCPU--Transportation and Warehousing 40-42, 44, 45, 47 3,290 0.304 16.06 16.06 16.06 16.79 TCPU--Communications and Public Utilities 43, 46, 48, 49 460 2.174 114.90 114.90 114.90 120.09 Wholesale Trade 50,51 1,390 0.719 38.02 38.02 38.02 39.74 Retail Trade 52-59 470 2.128 112.45 112.45 112.45 117.54 Finance, Insurance & Real Estate 60-68 370 2.703 142.85 142.85 142.85 149.31 Non -Health Services 70-79 770 1.299 68.64 68.64 68.64 71.74 Health Services 80 350 2.857 151.01 151.01 151.01 157.84 Educational, Social, Membership Services 81-89 740 1.351 71.42 71.42 71.42 74.65 Government 90-99 530 1.887 99.72 99.72 99.72 104.23 Source: Metro,"1999 Employment Density Study, " Table 4. •:;>FCS GROUP Implementation This section addresses practical aspects of implementing PIFs and provides comparisons to other jurisdictions. INDEXING We recommend that the City index its charges to the Engineering News Record Construction Cost Index for the City of Seattle and adjust its charges annually. FUNDING PLAN Even if the City implements the parks impact fees calculated previously, impact fee revenues will not be sufficient to fund the project list. An additional $36.9 million will need to be raised from other, non -impact fee, sources. This is shown in Exhibit 3.1. Exhibit 3.1— Funding Plan Resources Beginning Fund Balance $ - Impact Fee Revenue 23,857,401 Other Needed Revenue 36,899,266 $ 60,756,667 Total Resources: Requirements Project List (Total Cost) $ 60,756,667 Ending Fund Balance - $ 60,756,667 Total Requirements: COMPARISONS Exhibit 3.2 below shows a comparison of PIFs calculated for single-family homes for some relevant jurisdictions. •:;>FCS GROUP ]L A111r✓11 0.11 - 1 11` %-Vllltl[ll 13V113 Issaquah $10,533 - Kirkland $6,822 - Sammamish $6,739 - Redmond $5,884 _ Shoreline $5,227_ Kent $3, 904 Auburn $3,500 Renton $3,276 Everett** $3,180 Federal Way (Proposed) $2,839! Source: FCS GROUP Survey, 312712023 *SFR = Single family residence **Assumes a three -bedroom house > FCS GROUP Aaaendix A: Infill Proiect List Adelaide Formalize picnic areas/install picnicshelters (2) 2033 $ 167,000 18.05% $ 30,147 Alderbrook Park Playground Replacement 2023 150,000 18.05% 27,078 Alderdale park Playground Replacement 2027 150,000 18.05% 27,078 BPA Add a fitness trail and equipment 2026 143,000 18.05% 25,814 BPA Repair asphalt trail 2030-2040 - 0.00% - BPA Install monument sign 2028 7,000 18.05% 1,264 BPA Install directional signage/wayfinding 2030 12,000 18.05% 2,166 Brooklake Demo Hall & Green Storage Buildings 2023 8,000 0.000/0 - Brooklake Electrical upgrades 2023 20,000 18.05% 3,610 Brooklake Facility/Feasibility Assessment - MasterPlan 2023 4,000 18.05% 722 Cedar Grove Park Playground Replacement 2031 175,000 18.05% 31,591 Celebration Convert To Artificial Turf 2032 11,500,000 18.05% 2,075,971 Celebration Sand based turf replacement 2026 500,000 18.05% 90,260 Celebration Replace field fence 2035 119,000 0.000/0 - Celebration park Playground Replacement 2024 450,000 18.05% 81,234 City Hall add ADA door control @ Court Entry 2023 60,000 18.05% 10,831 City Hall Card control replacement/upgrade 2027 125,000 18.05% 22,565 City Hall Carpet replacement 2027 250,000 0.000/0 - City Hall City Hall Water Heaters (5) 2028 75,000 0.001/u City Hall Court bench refurbish 2025 8,500 0.000/0 City Hall Elevator 2024 185,000 0.000/u City Hall HVAC 2025 400,000 0.000/0 City Hall Reception Counters - replace Formica 2026 10,000 0.000/0 City Hall Roof replacement 2026 500,000 0.00% - City Hall Security Fence Around Entire P/E Parcel/Lot 2024 75,000 18.05% 13,539 City Hall Sidewalk ADA upgrades 2023-2027 240,000 0.000/0 - Coronado Park Playground Replacement 2028 150,000 18.05% 27,078 Fisher Pond Prepare master plan 2028 12,000 18.05% 2,166 Fisher Pond Install picnic shelter 2030 83,000 18.05% 14,983 Fisher Pond Decommission on -site well 2030 12,000 0.00% - French Lake Develop/Install Shelter 2028 60,000 18.05% 10,831 FWCC Exercise Equipment (full replace) 2026 150,000 0.009/0 - FWCC Locker Rooms/Cabanas Restoration 2023 250,000 0.009/0 FWCC Replace Pool Water Slide/Play Equipment 2023 1,200,000 0.009/0 FWCC Re -plaster Lap Pool 2027 400,000 0.00510 FWCC Pool/slide repairs 2023 298,000 0.009/0 FWCC Replace pool and play equipment 2023 60,000 0.009/0 - FWCC Outdoor areas 2033 119,000 18.05% 21,482 Heritage Woods park Playground Replacement 2029 175,000 18.05% 31,591 Lake Grove Park Playground Replacement 2032 200,000 18.05% 36,104 Lakota Parking Lot Replacement 2023 170,000 0.00% - Lakota Upgrade soccerfield to artificial turf 2021 1,489,000 18.05% 268,793 Lakota Upgrade running track to rubber 2021 238,000 18.05% 42,964 Lakota Upgrade field lighting 2032 893,000 18.05% 161,204 Lakota Upgrade restrooms and increase parking 2032 953,000 18.05% 172,035 (continued next page) •:;>FCS GROUP Laurelwood Prepare master plan 2025 36,000 18.05% 6,499 Laurelwood Perform master plan improvements 2027-2037 - 18.05% - Laurelwood Install 1/2 basketball court 2030 60,000 18.05% 10,831 Madrona Park Playground Replacement 2030 175,000 18.05% 31,591 Mirror Lake Replace and improve playground 2020 143,000 18.05% 25,814 Monument Signs Complete sign implementation program 2023-2033 48,000 18.05% 8,665 Olympic View Formalize Joe's Creek social trail 2035 - 18.05% - Olympic View Improve neighborhood entrances (6) 2035 36,000 18.05% 6,499 Olympic View Install 1/2 basketball court 2030 60,000 18.05% 10,831 Olympic View Park Playground Replacement 2025 125,000 18.05% 22,565 Palisades Repair/replace asphalt basketball court 2028 6,000 0.00% - Palisades Install picnic shelter 2030 83,000 18.05% 14,983 Palisades Park Playground Replacement 2026 200,000 18.05% 36,104 Sacajawea Artificial turf replacement - SAC 2026 700,000 0.00% - Sacajawea Natural Turf Replacement (ballfields) 2023 300,000 0.00% Sacajawea Renovate Ballfield Drainage 2024 50,000 0.00% Sacajawea Replace Rubber running track 2024 340,000 0.00% Sacajawea Tennis Court Replacement 2025 200,000 0.00% Sacajawea Wood Pole Replacement 2029 150,000 0.00% Sacajawea Replace water service line 2028 18,000 0.00% - Sacajawea New restroom - sewer lift station 2035 89,000 18.05% 16,066 Sacajawea Install picnicshelter 2030 83,000 18.05% 14,983 Safety & Security Parking lot lighting improvements (LED) at Sacaj< 2028 - 18.05% - Safety & Security Install security cameras in parking lots at Scajaw( 2028 - 18.05% Saghalie Artificial turf replacement - SoccerField 2032 600,000 0.00% Saghalie Tennis Court Renovation/Resurface 2025 40,000 0.00% - Saghalie Replace Rubber running track 2023-2032 505,000 18.05% 91,162 Saghalie Install artificial turf on football field 2035 1,429,000 18.05% 257,962 Saghalie Renovate basketball courts 2026 71,000 0.00% - Saghalie Overlay parking lot 2028 48,000 0.00% - Steel Lake Develop a master plan 2033 149,000 18.05% 26,897 Steel Lake Instal new shelters (Sites 2-5) 2028-2033 292,000 18.05% 52,712 Steel Lake Re -pipe annex and beach house restrooms 2026 238,000 0.00% - Steel Lake Annex Artificial Turf Replacement - Karl Grosch 2032 700,000 0.00% Steel Lake Annex Parking Lot Repairs 2024 10,000 0.00% - Steel Lake Park Artificial turf - Site #5 2032 1,300,000 18.05% 234,675 Steel Lake Park Dock Replacement 2027 1,250,000 0.00% - Steel Lake Shop New Maintenance Shop (Parks Share, 33%) 2032 11,666,667 18.05% 2,106,058 Steel Lake Shop Shop - Backup power generator 2025 40,000 18.05% 7,221 Steel Lake Shop Shop - Electrical Service - new panel 2024 7,500 18.05% 1,354 Steel Lake Shop Shop Roof 2026 75,000 18.05% 13,539 Steel Lake Shop Storage House - New Garage Doors 2024 7,000 18.05% 1,264 Steel Lake Shop Storage House Roof 2024 20,000 18.05% 3,610 Town Square Install shade covers 2025 89,000 18.05% 16,066 Town Square Install 2nd shelter 2030 83,000 18.05% 14,983 Town Square Band shell 2028 - 18.05% - Town Square Veteran memorial 2025 18.05% WayfindingSigns Implementation ofwayfindingsignageprogram 2030-2040 - 18.05% - Wedgewood Replace and improve playground 2019 167,000 18.05% 30,147 West Hylebos Renovate caretaker access road 2033 12,000 0.00% - West Hylebos Make parking lots repairs 2025 48,000 0.000/0 - West Hylebos Expand parking lot 2033 149,000 18.05% 26,897 West Hylebos Replace maintenance garage 2030 89,000 0.00°% - Wildwood Repair asphalt trail 2026 12,000 0.000/0 - Wildwood Upgrade park fixture 2035 12,000 18.05% 2,166 Total $ 44,256,667 $ 6,325,243 Source: 2019 PROS Plan Table 7.2, City staff •:;>FCS GROUP 10C COUNCIL MEETING DATE May 16, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: HOUSING ACTION PLAN IMPLEMENTATION CODE AMENDMENTS POLICY QUESTION: Should the City Council adopt various amendments to Title 19 FWRC that are responsive to the study conducted by Heartland, LLC as part of implementation of the Housing Action Plan? COMMITTEE: Land Use & Transportation MEETING DATE: May 1, 2023 CATEGORY: ❑ Consent ® Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven � 1`" DEPT: CD Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance and set the public hearing. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Committee Conno Initial/Date Initial/Date DIRECTOR APPROVAL: W2/28/23 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance for Public Hearing and First Reading on May 16, 2023. Jack Wev. Calaxfiittee Chair Committee Member Committee Member PRWPOSED COUNCIL MOTION(S): V FIRST READING OF ORDINANCE (5/16/23): "I move to forward approval of the proposed ordinance to the June 6, 2023, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (6/6/23): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE,) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 13, 2023 (April 24, 2023) TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director Oia- SUBJECT: 14API code amendments (updated) Financial Impacts. - There are no costs to the City for adopting the proposed code amendments. Sack round Information: In late 2022, Heartland, LLC was hired by the City to evaluate existing codes and policies that might be limiting housing production within the City. Heartland presented to the Planning Commission in January and to the Land Use & Transportation Committee in February of 2023. Based on their existing conditions evaluation and gap analysis, Heartland recommended 9 actions to address issues they found. These recommendations included: 1. Expand the Multi Family Tax Exemption (FWRC 3.30.030) to the Community Business (BC) zone; 2. Reduce the amount of ground floor non-residential space that is required; 3. Increase building height within 100 feet of single family for the BC zone; 4. Reduce the parking requirement for the BC zone; 5. Make consistent the open space requirement and allow for a fee in lieu of option; 6. Allow stormwater to be placed in vaults within the BC zone; 7. Provide predictability for school impact fees; 8. Remove the City's inclusionary requirement; and, 9. Remove the restrictions on building form. Staff Response 1. Proposed under separate Ordinance (Title 3). 2. Proposed revisions are included. 3. Not supported at this time. Study this further as part of the update to the City's Housing Chapter of the Comprehensive Plan (2024). 4. Not supported. The code currently allows for a parking reduction with a technical analysis. No added revisions are warranted. 5. No revisions are proposed at this time. Staff are reviewing open space requirements as part of a stand-alone code amendment (2023). 6. Supported — not a code revision, but a revision to PW development standards. 7. Proposed revisions are included. 8. Not supported. 9. Proposed revisions are included. Procedural Summa •: 2/17/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Rev 6/2020 March 6, 2023 Land Use and Transportation Committee HAPI Code Amendment Page 2 Policy Act (SEPA) 2/17/23: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website) 3/3/23: End of SEPA Comment Period 3/24/23: End of SEPA Appeal Period 3/15/23: Planning Commission Public Hearing 4/3/23: LUTC Council Committee (anticipated date) 4/21 /23 : City Council 1 st Reading (anticipated date) 5/2/23: City Council 2nd Reading (anticipated date) Planning Commission Recommendation; The Planning Commission conducted a Public Hearing on March 15, 2023. There were no public comments regarding these proposed code amendments. Following Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwarded the proposed code amendments to the City Council with a recommendation for approval incorporatin=; additional clarifications on the proposed revisions relating to ground floor non-residential requirements and school impact fees relating to increasingpredictabilily to th_e school district while preserving_City Center incentives. Decision Criteria: FWRC Chapter 19.80.130 provides criteria for zoning text amendment. The following section analyzes compliance of the proposed zoning text amendment with the criteria provided by this chapter. The City may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan;_ Staff Response: The proposed FWRC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) policies: LUP 29 Ensure compatibility between non-residential developments and residential zones by regulating height, scale, setbacks, and buffers. HP2 Amend development regulations to accommodate a diverse range of housing forms that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. HP8 Consider the economic impact of all development regulations on the cost of housing. HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. HG4 Proactively plan for and respond to trends in housing demand. March 6, 2023 Land Use and Transportation Committee HAPI Code Amendment Page 3 HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and don't create unintended barriers. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and Staff Response: The proposed code amendments are intended to result in the construction of more housing units in the City. Prior to drafting the proposed amendments, the City hired a consultant (Heartland, LLC) to evaluate existing policies and code language. In addition, the consultant reached out to developers and property owners prior to developing recommendations for the City's consideration. The proposed amendments have considered the recommendations from the consultant and are believed to result in the increased production of housing thereby adding to the public health, safety, and welfare of the community. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response: The proposed FWRC text amendments remove many of the barriers to the production of housing in the BC, CC-F, and CC-C zones identified by the City's consultant (Heartland, LLC). By updating the City code to be more in -step with current market factors, the City should see more housing built within its jurisdiction. This added production is in the best interest of the residents of the City as there is currently a housing shortage both in the City and the region. As stated in the HAP: "Housing availability is an urgent and growing challenge in Federal Way. Two out of every five households are struggling to manage the cost of housing. The lack of supply and resulting cost pressure is contributing to the displacement of long-term Federal Way residents, a process that can uproot lives and undermine the social fabric and support structure for many residents." (HAP, pg i) Update (April 24, 2023) The Agenda Bill and draft Ordinance was held in committee. Staff were asked to consider comments provided by the school district and developer representatives. In addition, the City received public comment that the proposed 25% ground floor retail space still represented too much to be supported by current market conditions. School Impact Fees Public comments from the school district sought an amendment to the proposed code to allow for an increase in school impact fees for projects that generated a higher rate of students. Staff Response: Given the school district does not have data on student generation rates broken out by size of multifamily unit, an amendment was included to allow for increased collection in the City Center and Community Business zones for units larger than 2 bedrooms. Comments from developers' representatives indicated a desire for greater predictability in planning for school impact fees given the permitting process could take in excess of 2 years. March 6, 2023 Land Use and Transportation Committee HAPI Code Amendment Page 4 Staff Response: The recommendation from Heartland is to increase predictability and to increase housing production in the City Center and Community Business areas. To be responsive, the updated proposal is to cap the impact fees in the City Center and Community Business areas at $0. In addition, the caps for the rest of the City were adjusted to be the average, minus the years where the impact fees exceeded $15,000/unit. This resulted in the fees being set at $3,604 for single family and $2,222 for multifamily. And, the annual inflator was capped at 5%. Ground floor retail for the CC-C zone The City received a comment from a developer looking to acquire property in the City Center. They have drafted plans for development and have expressed concern over the required 25% ground floor retail space. Staff Response: The current code requires 100% of the ground floor to be non-residential space. Staff suggested a significant reduction to 25%. In looking at the proposed buildings to be built by OneTrent on the TC-3 property, staff believe 15% to be better supported by the market. The Ordinance reflects this additional revision. ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to incorporating code amendments to the Community Business (BC), City Center core (CC-C) and City Center frame (CC-F) zones to boost housing production; amending FWRC 19.95.020, 19.95.030,19.95.040, 19.95.050, 19.110.010, 19.220.050, 19.225.070, and 19.230.060; adding new sections FWRC 19.95.045,19.95.047, and 19.95.057; and repealing FWRC 19.95.065. (Amending Ordinance Nos. 90-43, 93-170, 95-249, 96-270, 97-291, 97-293, 97-306, 02-424, 06-515, 06-542, 07-554, 07-559, 08-585, 09-600, 10-678, 12-727, 12-735, 14-757, 16-822, 17-834). WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update land use and zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, the City has initiated code amendments intended to increase the production of housing in the Community Business (BC), City Center core (CC-C) and City Center frame (CC- F) zones; and WHEREAS, State agencies received 60-day notice of the proposed amendments on February 13, 2023 (ID 2023-S-4785); and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed code amendments on February 17, 2023, no comments were received and Ordinance No. 23- Page I of 32 the DNS was finalized on March 3, 2023, and no appeals were filed and the appeal period has expired; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on March 15, 2023; and, forwarded a recommendation of approval to the City Council incorporating additional clarifications to the proposed revisions relating to ground floor non-residential requirements and increasing predictability for the school district while preserving City Center incentives; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on April 3, 2023, and recommended adoption of the text amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by removing many of the barriers to the production of housing in the BC, CC-C, and CC-F zones identified by the City's consultant (Heartland, LLC). By updating the city code to be more in -step with current market factors, the City anticipates seeing more housing built within its jurisdiction. This added production is in the best interest of the residents of the City as there is currently a housing shortage both in the City and the region. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. Ordinance No. 23- Page 2 of 32 (d) These code amendments are consistent with the intent and purpose of its title under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. FWRC. (f) These code amendments have followed the proper procedure required under the Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP 29 Ensure compatibility between non-residential developments and residential zones by regulating height, scale, setbacks, and buffers. HP2 Amend development regulations to accommodate a diverse range of housing forms that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. HP8 Consider the economic impact of all development regulations on the cost of housing. HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. HG4 Proactively plan for and respond to trends in housing demand. Ordinance No. 23- Page 3 of 32 HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and don't create unintended barriers. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because the amendments are intended to result in the construction of more housing units in the City. Prior to drafting the proposed amendments, the City hired a consultant (Heartland, LLC) to evaluate existing policies and code language. In addition, the consultant reached out to developers and property owners prior to developing recommendations for the City's consideration. The proposed amendments have considered the recommendations from the consultant and are believed to result in the increased production of housing thereby adding to the public health, safety, and welfare of the community. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way as the proposed FWRC text amendments remove many of the barriers to the production of housing in the BC, CC-C, and CC-F zones identified by the City's consultant (Heartland, LLC). By updating the City code to be more in -step with current market factors, the City should see more housing built within its jurisdiction. This added production is in the best interest of the residents of the City as there is currently a housing shortage both in the City and the region. As stated in the Housing Action Plan ("HAP"): "Housing availability is an urgent and growing challenge in Federal Way. Two out of every five households are struggling to manage the cost of housing. The lack of supply and resulting cost pressure is contributing to the displacement of long-term Federal Way residents, a process that can uproot lives and undermine the social fabric and support structure for many residents." (HAP, pg i) Section 3. FWRC 19.95.020 is hereby amended to read as follows: 19.95.020 Definitions. Ordinance No. 23- Page 4 of 32 The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. To the extent they do not conflict with this section, the definitions in RCW 82.02.090 are adopted and apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here or in RCW 82.02.090 are defined according to FWRC 1.05.020. "Capital facilities plan" means the district's capital facilities plan adopted by the school board consisting of: (1) A forecast of future needs for school facilities based on the district's enrollment projections; (2) The long-range construction and capital improvements projects of the district; (3) The schools under construction or expansion; (4) The proposed locations and capacities of expanded or new school facilities; (5) At least a six -year financing plan component, updated as necessary to maintain at least a six - year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; (6) Any other long-range projects planned by the district; and (7) A fee sehea„'o indi ati the �ra recommended impact fee amount per dwelling unit type. "Classrooms" means educational facilities of the district required to house students for its basic educational program. Specialized facilities as identified by the district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, are not classrooms. "Construction cost per student" means the estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district's Ordinance No. 23- Page 5 of 32 design standard per grade span and taking into account the requirements of students with special needs. "Design standard" means the space required, by grade span and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the district as identified in the district's capital facilities plan. "Developer" means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. "Development activity" means any residential construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. "Development approval" means any written authorization from the city which authorizes the commencement of a development activity or use. "District" means the Federal Way School District No. 210, King County, Washington. "Elderly" means a person aged 62 or older. "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. "Grade span" means the categories into which a district groups its grade of students, i.e., elementary school, middle or junior high school, and high school. "Interlocal agreement" means the interlocal agreement by and between the city and the district as authorized in FWRC 19.95.090. Ordinance No. 23- Page 6 of 32 "Permanent facilities" means the facilities of the district with a fixed foundation which are not relocatable facilities. "Relocatable facility" means any factory -built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities, to meet the needs of service areas within the district, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. "Relocatable facilities cost per student" means the estimated cost of purchasing and siting a relocatable facility in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. "Site cost per student" means the estimated cost of a site in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. "Standard of service" means the standard adopted by the district which identifies the program year, the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the district believes will best serve its student population, and other factors as identified by the district. The district's standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board pursuant to a board resolution, "transitional facilities" shall mean those facilities that are used to cover the time required for the construction of permanent Ordinance No. 23- Page 7 of 32 facilities called for in the capital facilities plan, where the district has the necessary financial commitments in place to complete the permanent facilities. "Student factor" means the number derived by the district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on district records of average actual student generation rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation, unless such information is not available in the district, in which case data from adjacent districts, districts with similar demographics, or county -wide averages may be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans. Section 4. FWRC 19.95.030 is hereby amended to read as follows: 19.95.030 Impact fee program elements. (1) Impact fees will be assessed on all residential development activity in the city based on the provisions of this chapter FWRC 19.°�o. (2) The impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development. (3) The recommended impact fee imposed shall be based on a capital facilities plan developed by the district and approved by the school board, and adopted by rof ,-enee by the eity as paA oft -1 Section 5. FWRC 19.95.040 is hereby amended to read as follows: 19.95.040 Recommended flee calculations. (1) The recommended impact fees calculation for the district shall be eak- based on the formula set forth in Exhibit A attached to the original ordinance codified in this chapter. A copy of Ordinance No. 23- Page 8 of 32 the fee calculation formula shall be kept on file with this ordinance in the office of the Federal Way city clerk. Such formula shall take into account the following: The capital facilities needs of the district as identified in the capital facilities plan, the district's student generation rates for single- family and multifamily dwelling units, the school site and school construction costs per student per grade level, the district's standard of service, and the relocatable facilities cost per student per grade level. (2) Separate fees shall be calculated for single-family and multifamily dwelling units, and separate student generation rates must be determined by the district for each type of dwelling unit. For purposes of this chapter, manufactured homes shall be treated as single-family dwelling units and duplexes shall be treated as multifamily dwelling units. (3) The recommended fee calculations shall be made on a district -wide basis to assure maximum utilization of all school facilities in the district currently used for instructional purposes. Impact fees shall be calculated annually and set forth in a -the city fee schedule adopted by city eetifle' pursuant to FWRC 19.95.100 and 19.95.110. (4) The formula in Exhibit A provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issue in the district, which historical levels shall be determined by the district. (5) The formula also provides for a credit for school sites or facilities actually provided by a developer which the district finds to be acceptable as provided for in FWRC 19.95.060. Section 6. FWRC 19.95.050 is hereby amended to read as follows: 19.95.050 Assessment of impact fees. (1) The city shall collect school impact fees based e in the amounts specified in the fee schedule adopted by city council, from any applicant seeking development approval from the city where Ordinance No. 23- Page 9 of 32 such development activity requires the issuance of a residential building permit or a manufactured home permit. (2) For all applications for single-family, multifamily residential building permits, and manufactured home permits, the total amount of the impact fees shall be assessedcalculated at the time of the earliest complete application for a development approval required for the development activity using the fee schedule then in effect and shall be collected from the applicant when the residential building permit or manufactured home permit is issued, „sing the fee schedule then i effect. Notwithstanding the foregoing„ for all residential building_ permits or manufactured home permits associated with the development activity not issued within two years of the earliest complete application for a development approval applicable to the development activity, the total amount of the impact fees for such permits shall instead be calculated and collected at the time each permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a residential building permit or manufactured home permit was submitted, no permit shall be issued until the required school impact fees set forth in the fee schedule have been paid, except as authorized under FWRC 19.95.055. (3) No less than 60 days prior to the end of the two -.period in FWRC 19.95.050(2), an applicant may submit a written request with supporting documentation to the department of community development requesting an extension of the two-year period for up to one additional year. The community development director may approve such a request only if it meets the following criteria: (a) The applicant has made substantial progress toward residential building �permit or manufactured home permit issuance since the complete application for the development approval; Ordinance No. 23- Page 10 of 32 (b) There are circumstances beyond the applicant's control which prevented issuance of the residential building, permit or manufactured home permit; and (c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance, contribute to erosion and sedimentation problems, or impact the public health, safety, and welfare. Determinations of the community development director under this section shall be subject to the appeal procedures set forth in FWRC 19.95.070. Section 7. FWRC 19.110.010 is hereby amended to read as follows: 19.110.010 Affordable housing regulations (1) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the Growth Management Act and the county -wide planning policies for King County. (2) Affordable housing defined. "Owner -occupied affordable housing" means dwelling units that are offered for sale at a rate that is affordable to those individuals and families having incomes that are 80 percent or below the median county income. "Rental affordable housing" means dwelling units that are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50 percent or below the median county income. (3) Multiple family developments; senior citizen housing; assisted living facilities; townhouse development; zero -lot line townhouse development; mixed -use projects; and cottage housing in multifamily zones. New projects involving 25 dwelling units or more are required to provide affordable dwelling units as part of the project. At least two dwelling units or five percent of the total number of proposed units, whichever is greater, shall be affordable. Projects including affordable dwelling units may exceed the maximum allowed number of dwelling units as follows: Ordinance No. 23- Page 11 of 32 (a) One bonus market rate unit for each affordable unit included in the project; up to 10 percent above the maximum number of dwelling units allowed in the underlying zoning district. Affordable dwelling units required under the provisions of this subsection in the BC, CC-F, and CC-C zones shall be exempt from parking space requirements. (4) Single-family developments. New single-family developments in the RS-35, RS-15, RS-9.6, and RS-7.2 zoning districts have the option of providing affordable dwelling units as part of the project. Projects including affordable dwelling units may reduce minimum lot size as follows: (a) Those lots in a new single-family conventional subdivision or short subdivision which are proposed to contain affordable dwelling units may be reduced in area by up to 20 percent of the minimum lot size of the underlying zoning district; provided, that the overall number of dwelling units in the subdivision may not exceed 10 percent of the maximum number of units allowed in the underlying zoning district. (5) Provisions for affordable housing for cottage housing development in single-family residential zones are set forth in Chapter 19.250 FWRC. (6) Duration. An agreement in a form approved by the city must be recorded with King County department of elections and records requiring affordable dwelling units which are provided under the provisions of this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant. Section 8. FWRC 19.220.050 is hereby amended to read as follows: 19.220.050 Multifamily dwelling units Ordinance No. 23- Page 12 of 32 The following uses shall be permitted in the community business (BQ zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums nON Required Yards Front Side (each) Rear USE REGULATIONS Required Review Process Lot Size Height of Structure Required Parking S p aces SPECIAL REGULATIONS AND 4 NOTES Multifamily Process None Same as these 65 ft. See notes 1. All nonresidential ground floor dwelling units II or, regulations for above §4-97 spaces must have a minimum (stacked dwelling with ground floor average floor -to -ceiling height of 13 ft. units) SEPA, use except 20 building Affordable and a minimum depth of 15 ft. dwelling Process ft. abutting elevation 2. Building height may not III single-family (ABE) units: 0 exceed 30 ft. above average residential for each building elevation for the portion zones See note unit of the building located within See notes 2 and 4-413 2 100 ft. from a single-family residential zone. 3 III buildings except fee Fel-ated- ardr,g StFU Et gyros up to 65 ft. height (six steries) Est be gabled with pitched FeefS, unless the building is taller than 35 f+ eA_r,+rfh-,+.,1+r,the Multifamily 43. Multi -unit housing and accessory living facilities may be located on the ground floor of a buildings on the subject property only as fellews- {a —if ground floorlevel space that spans at least 6040 percent of the total length of the buildings adjacent to the aI 0 , �I .,F III cepf;w;id buildiRgS np mary vehicular access, as determined by the director, is occupied with one or more other permitted use(s) that is open to the public. -as n ,., In this Ordinance No. 23- Page 13 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums nZONRequired Required Yards Height of Required Review Lot Side Structure Parking USE REGULATIONS Process Size Front (each) Rear S p aces SPECIAL REGULATIONS AND NOTES spans at least 40 Af +hP peFGAAt total leRgth of all other street_ facing farad- ,5 -all h,6111diRgS f� of e(s allowed iR this Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if non - visible from the right-of-way or public areas. -54. For 100 dwelling units or more on a subject property, 25 percent of parking shall be underground or on the first floor within the building footprint, except for visitor parking, which can be surface parking. 65. Parking spaces shall be provided as follows: Efficiency dwelling units — 1.0 per unit Studio dwelling units — 1.25 per unit One bedroom dwelling units — 1.5 per unit Dwelling units with two bedrooms or more — 2.0 per unit. -76. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 87. Alternatively, applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). -98. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. Ordinance No. 23- Page 14 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums nZONRequired Required Yards Height of Required Review Lot Side Structure Parking USE REGULATIONS Process Size Front (each) Rear S p aces SPECIAL REGULATIONS AND NOTES --G9. Chapter 19.270 FWRC contains regulations regarding home occupations. (Continued on next page) Process I, II, III and IV are described in For other information about Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.220.050 Multifamily dwelling units. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required YardspryE Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 4410. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit, and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the Ordinance No. 23- Page 15 of 32 USE REGULATION 4 b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Review Lot Process Size Front Side Rear (each) Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. ZONE eight Required f Parking :ructure Spaces PECIAL REGULATIONS AND NOTES director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. 42-11. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking lot landscaping, surface water facilities, among others. 4-312. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 4-413. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 4- 14. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 4-615. For affordable housing requirements, see FWRC 19.110.010. 4- 16. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Ordinance No. 23- Page 16 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b For details regarding required yards, see FWRC 19.125.160 et seq. Section 9. FWRC 19.225.070 is hereby amended to read as follows: 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards Required Height Required — Review Lot of Parking USE REGULATIONS Process Size Front Side (each) Rear Structure Spaces SPECIAL REGULATIONS AND 4 NOTES Multifamily Process None Multifamily 70 ft. Multifamily 1. The city may, using process dwelling units II dwelling units, or dwelling III, modify required yard, (stacked dwelling Possible senior housing, 200 ft. units: 1 per height, lot coverage, and other units) Process or special unit if site design and dimensional III needs housing: See underground requirements for a proposed Senior citizen or same as these notes 1 or in development that meets the special needs See regulations for a structured following criteria: housing (stacked note 1 ground floor parking or a. The proposed dwelling units) use 1.7 per unit development will be consistent if surface with the adopted Stand-alone parking comprehensive plan policies senior citizen for this zone; and or special See notes b. The proposed needs housing: 2416 — 2-419 development will be consistent 20 5 ft. 5 with the applicable design ft. ft. Senior guidelines; and citizen c. The street, utilities, and See notes 1, 2 housing: 1 other infrastructure in the area and a210 for each unit Ordinance No. 23- Page 17 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums Height Required ZONE CC-C Required Yards USE REGULATIONS Review Process Lot Size Front Side (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES are adequate to support the Special proposed development. needs 2. No setback is required housing: 0.5 adjacent to rights -of -way for for each unit senior citizen and special needs housing, when publicly visible Affordable street-scape amenities, as dwelling defined in FWRC 19.05.190, are units: 0 for located along the right-of-way; each unit the siting and design of which shall be approved by the director. 3. The .,RtiFe pd- flee—r must g be utilized with retail s ce(s with a PAOROMUM flees +., oiliRg height of 13 f+. A minimum of 15% of the ground floor must be comprised of non-residential uses open to the public. Where any portion of the subject property is located adjacent to the intersection of multiple streets, the ground floor space for a distance of 50 feet from the nearest point of the subject property to any such street intersection, shall be limited to Entertainment or Retail uses. Ground floor space limited to entertainment or retail uses under the preceding sentence may count toward the 15% non-residential use requirement under this note. 4. Retail uses allowed OR this ZE)Re may be OR the permitted f'eE)F .,f-+aCkP-d- gFe6l.,d hE) YSiRg with a minimurn fle- to coiling heigh+.,f 92 F+ Ordinance No. 23- Page 18 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums Height Required ZONE CC—C Required Yards USE REGULATIONS Review Process Lot Size Front Side (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES 54. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground -floor parking visible from arterial streets. ti All buildings, exeept fer related stru Etures up pad(iRg to 65 40 in height (six steFles�, r+ he gabled with pitched FE)GfS, U Rloss the bUil.-IiRg is taller than 35 f+ /+hFee SteFie, .l+h rooftop that c r,+r7h� � a -75. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 86. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p- patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall Ordinance No. 23- Page 19 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE Required Height Required CC-C Review Lot of Parking USE REGULATIONS Process Size Front Side (each) Rear Structure Spaces SPECIAL REGULATIONS AND NOTES also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu payment may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 97. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. (Continued on next page) Process I, ll, III and IV are described in For other information about Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.225.070 Multi -unit housing. (Continued) Ordinance No. 23- Page 20 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required YardspryE Required Height Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b 408. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking lot landscaping, surface water facilities, among others. 44-9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 4 -10. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 4-11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 4412. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 4-513. Chapter 19.270 FWRC contains regulations regarding home occupations. 4614. For affordable housing requirements, see FWRC 19.110.010. 4-15. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. CWRC 19.11 11 NQ appFeved by the e features; provided, that SUEh additien(s) shall Pet e e-e-d- 400 sq. f+ ME)Rth peried. Ordinance No. 23- Page 21 of 32 USE REGULATION 4 b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Review Lot Process Size Front Side Rear (each) Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, BONE eight Required f Parking :ructure Spaces PECIAL REGULATIONS AND NOTES 19NeFAR—re+haR 16000 sn f+ r,f pevi a subject property, eXEIUdiR- approved by the .direEtGF U R der Rote i-� 28. Multiple story buildir are Gt ,, +ham+ P;wh flAAr C-Amtaow; a+IP;44 7C perEeRt of the grass sq. of the flee 2-16. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 2-217. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 318. Surface parking areas for multifamily development must be located so that they are not visible from arterials or pedestrian oriented walkways. When determined by the community development director or designee that such requirement is not feasible, surface parking may be screened from public view by a compact evergreen hedge, a solid wall or fence, or in a manner approved by the community development director or designee. 2- 19. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). For other information about parking and parking areas, see Chapter 19.130 FWRC. Ordinance No. 23- Page 22 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required YardspryE Require Review Process USE REGULATION 4 b Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. eight Required f Parking :ructure Spaces eacn)l I I (SPECIAL REGULATIONS AND NOTES For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 10. FWRC 19.230.060 is hereby amended to read as follows: 19.230.060 Multifamily dwelling units, senior citizen, or special needs housing The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards Required Height Required -F Review Lot of Parking USE REGULATIONS Process Size Front Side (each) Rear Structure Spaces SPECIAL REGULATIONS AND 4 NOTES Multifamily Process None Multifamily 70 ft. Multifamily 1. The city may, using process dwelling units II dwelling units, or dwelling III, modify required height, (stacked dwelling Possible senior housing, 85 ft. units: 1 per yard, landscape and other site units) Process or special unit if design and dimensional III needs housing: See underground requirements for a proposed Senior citizen or Same as these notes 1, or in development that meets the special needs See requirements §3 and structured following criteria: housing (stacked note 1 for ground 64 parking or a. The proposed dwelling units) floor use 1.7 per unit development will be consistent if surface with the adopted Stand-alone parking comprehensive plan policies senior citizen for this zone; and or special needs housing: Ordinance No. 23- Page 23 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums Height Required ZONE C-F Required Yards USE REGULATIONS Review Process Lot Size Front Side (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND See notes NOTES b. The proposed 20 5 ft. 5 ft. ft. 2416 - 2318 development will be consistent Senior citizen with applicable design guidelines; and c. The street utilities and See notes -17 474, 8, and 10, ,� housing: 1 other infrastructure in the area for each unit are adequate to support the proposed development. Special 2, All buildings, exeept f r needs related S+rUG+,gyres paFkiRg up housing: to tic f+ in height (six stenos 0.5 for each must he gabled with pitched unit reefs, the 19WIldiRg unless +aller+haR f+ Affordable 35 (three sterierl . ftep that c Rtr*h„+ with dwelling to the Multif-a ily epeR spa units: 0 for _1 wre m e R#s-. each unit 32. Multi -unit housing and accessory living facilities may be located on the ground floor Of atee buildings on the subject property only as fe4ows.(-a)if ground floorleuel space that spans at least 6940 percent of the total length of the buildings adjacent to the r,al rn e.r ciaI faeadp- .,f Pr o m all buildlRgS subj-ea rlp mar vehicular access, as determined by the director, is occupied with one or more other permitted use(s) that is open to the public.as alle- .,ed ip + R d level r,d (b) g of the total length of peFEeRt all other r+ree+_faEiRg fa. -ad all buildiRgsis eccupied of ORe or more other a(s) all. -wed iR this Z e. Parking in conjunction with other uses Ordinance No. 23- Page 24 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE Required Height Required C—F Review Lot of Parking USE REGULATIONS Process Size Front Side (each) Rear Structure Spaces SPECIAL REGULATIONS AND NOTES allowed in this zone may also be located on the ground floor of the structure if non -visible from the right-of-way or public areas. n Commercial uses allowed the floor of staEked gFE)URd �i+b eF special .,.J� 53. Building height may be increased from the permitted outright height of 70 ft. to 85 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 64. Structures on property that adjoins a single-family residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the single-family residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located within 100 ft. from such property line. 75. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, Ordinance No. 23- Page 25 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE Required Height Required C-F Review Lot of Parking USE REGULATIONS Process Size Front Side (each) Rear Structure Spaces SPECIAL REGULATIONS AND NOTES rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. (Continued on next page) Process I, II, III and IV are described in For other information about Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. (Continued) Ordinance No. 23- Page 26 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required YardspryE Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 96. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 97. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., buffers, parking lot landscaping, surface water facilities, among others. 408. No setback is required adjacent to rights -of -way for senior citizen and special needs housing, when publicly visible streetscape amenities, as defined in FWRC 19.05.190, are located along the right-of-way, the siting and design of which shall be approved by the director. 44-9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 42-10. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 4- 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 4412. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 4- 13. Chapter 19.270 FWRC contains regulations regarding home occupations. 4-614. For affordable housing requirements, see FWRC 19.110.010. Ordinance No. 23- Page 27 of 32 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS USE REGULATIONS b Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required YardspryE Front Side (each) Rear 4- 15. For provisions that relate to the keeping of animals, see FWRC 19.260.010 et seq. 18. SiRgle StGr,, hUiIdir Rqay et r deF the ., .,f FWRC 19.110.080, r by the approved dorpctAr fAr r ;idd*t*AP,; -c-h feat es; r,yided that such additien(s) sh- ll Pet a e-e-d- 400 sq f+ r,+h p ed 19. NE) +haR 16,000 f+ more sq. Of Rew r,, , r SiRgle St StRICtiOR may GGEW OR FWRC 194110.090 r and M additiORr above.18, rov least 75 eRt the ., # of p of gFess 2-16. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 2-2-17. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 2- 18. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). E:P Process I, II, III and IV are described in T Ordinance No. 23- Page 28 of 32 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Reauired Y eight USE REGULATIONSI I f " I(eac b Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. equired ZONE arking paces PECIAL REGULATIONS AND NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 11. A new section FWRC 19.95.045 is hereby added to Chapter 19.95 FWRC to read as follows: 19.95.045 Impact fee maximum. (1) For developments in the CC-C, CC-F, or BC zones, notwithstanding the recommended fee calculation under FWRC 19.95.040, the impact fee assessed under FWRC 19.95.040 for studio, one bedroom, and two -bedroom dwelling units in the development may not exceed $0. (2) For other dwelling units in developments in the CC-C, CC-F, or BC zones, and developments outside the CC-C, CC-F, and BC zones, notwithstanding the recommended fee calculation under FWRC 19.95.040, the impact fee assessed under FWRC 19.95.040 may not exceed: (a) $3,604.00 per single-family dwelling unit; or (b) $2,222.00 per multifamily dwelling unit. (3) Starting in 2025, the impact fee maximum established in FWRC 19.95.045(2) shall be increased by 5% or by the percentage change in the previous calendar year's average monthly Ordinance No. 23- Page 29 of 32 Engineering News -Record (ENR) Seattle Area Construction Cost Index values, relative to the correspondingaverage verage monthly ENR Construction Cost Index values for the preceding_ year, as calculated from August 1 st through July 31 st, whichever is lower. Section 12. A new section FWRC 19.95.047 is hereby added to Chapter 19.95 FWRC to read as follows: 19.95.047 Council discretion in adopting impact fee. As provided in FWRC 19.95.040 and 19.95.045, the impact fee adopted by city council in the fee schedule shall be based on the recommended fee calculation, and no higher than the impact fee maximum. The city council may, at its discretion, impose a lesser impact fee than the recommended fee calculation amount and/or impact fee maximum. Section 13. A new section FWRC 19.95.057 is hereby added to Chapter 19.95 FWRC to read as follows: 19.95.057 Administrative fees. (1) For each impact fee imposed, there shall be charged an administrative fee for the administration of the school impact fee program in the amount specified in the city fee schedule. The administrative fee shall be deposited into an administrative fee account within the school impact fee fund provided for in FWRC 19.95.080. Administrative fees shall be used only to defray the cost incurred by the city in performing actions related to implementation of this chapter and update of the school impact fee program. The administrative fee is not creditable or refundable. (2) The administrative fee shall be paid by the applicant at the same time as the impact fee. Section 14. FWRC 19.95.065 is hereby repealed in its entirety. Section 15. 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 No. 23- Page 30 of 32 ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 16. 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 17. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 18. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2023. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY Ordinance No. 23- Page 31 of 32 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 32 of 32 COUNCIL MEETING DATE: May 16, 2023 ITEM #: We - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2023-2024 BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the City Council approve the 2023-2024 Biennial Budget amendment? COMMITTEE: FEDRAC MEETING DATE: April 25, 2023 CATEGORY: ❑ Consent ® Ordinance ❑. Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DEPT: Attachments: 1. Staff Report 2. Ordinance 3. Exhibits A and B Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: If ■ 'j DIRECTOR APPROVAL: i►� �Z J • C winin C �ncoE Initil;"Dale ImRa!lPnte iniliall[}:ttc COMMITTEE RECOMMENDATION: I MOVE TO FORWARD THE PROPOSED ORDINANCE TO A PUBLIC HEARING AND FIRST READING ON MAY 16, 2023 Committee Chair /Comnlittee\Maber Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (MAY 16, 2023): "1 move to forward the proposed ordinance to the June 6, 2023, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JUNE 6, 2023): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: l/►%YC T1 I ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF Federal Way DATE: April 25, 2023 TO: City Council VIA: Jim Ferrell, Mayor Brian Davis, City Administrator FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: 2023-2024 Biennial Budget Amendment Baekj!round Information: FINANCE DEPARTMENT This ordinance is to amend the budget from the adopted budget on November 15th, 2022 to reflect subsequent changes that have occurred during the year, and carryover contracted and project balances from 2022 to 2023. Finance has reviewed, updated the biennial budget for all funds to confirm required ending fund balances will be met and recommends approval. Financial Impacts: The city needs to process the annual carryover of contracted and project balances from 2022 to 2023, so that spending funded by 2022 budgeted revenue doesn't unintentionally impact the 2023 budget: $14,837,037 Unspent ARPA grant 11,730,185 Transportation CIP projects carryover 3,672,571 SWM CIP projects carryover 1,480,166 Overlay project carryovers (10% Utility Tax Fund) 1,367,880 Debt service / interfund loan transfer carryover 1,080,000 SWM CIP projects transfer carryover 899,047 Overlay project carryovers (Arterial Overlay Fund) 290,664 Parks CIP projects carryover 256,683 Street fund transfer carryover 156,765 Jail fund transfer carryover 115,704 Vehicle and equipment replacement carryover Based on the actual revenue received in the first two or three months, as shown in the table below, the City is realizing better -than -budgeted revenues in five of six major revenue funding sources. Of those, two have a high degree of certainty, whereas four do not. Current economic circumstances make it prudent to retain a portion of the positive revenue variance as a hedge against remaining months' revenue uncertainty: Rev. 7/18 Investment Revenue Property Tax Permits & Fees Utility Taxes Sales Tax Business Lic Fees YTD Act YTD Bud 780,016 450,000 22,000 20,530 1,355,034 825,733 3,403,511 2,987,884 3,342,668 3,272,719 192,874 Make available Revenue Likelyto Var as of Continue? 330,016 Mar Certain 1,470 Feb Certain 529,301 415,627 69,949 209,084 (16,210) 1,330,152 87.7% 1,167,000 Mar Feb Feb Mar Uncertain Uncertain Uncertain Uncertain By updating revenue forecasts based on first quarter actual results, information not known at the time of the adopted budget, it is possible to respond to the prioritized needs list. The list of unfunded budget requests at time of budget adoption has been maintained and all departments continue to accumulate and report budget needs that have arisen. All departments have taken the unfunded budget needs through a review process with Mayor, City Administrator and Finance Department staff to assure that the needs list has been updated with current additions or corrections. Unmet budget needs are evaluated by four criteria: 1. Importance — must -do's versus beneficial 2. Urgency — past due versus imminent versus everything else 3. Obligation level — existing obligations versus new 4. Funding — no other funding versus likelihood of alternative funding The resulting list now includes over one hundred unmet needs. Seventy are "must -do's" and fifty- one are past -due or past expected replacement and twenty-three represent imminent or impending needs. Given the amount of funding now available, the following list represents must -do's, past obligations that should have been taken care of already, existing (not new) obligations and that have no other funding options. Having met with all departments to prioritize, the mayor and city administrator identified the following top obligations and urgencies: $215,000 Comp plan transportation element 142,600 King County election cost increases 100,000 Collective bargaining group negotiated increases 88,000 Thermo markings for crosswalks, stop lines, etc. 66,706 Community Development contract carryforward, net 85,000 Opticom traffic signal preemption system signal restoration 75,000 Ford F250 for existing maintenance worker (budgeted labor but no truck) 75,000 IT security — managed detection & response 60,000 IT Darktrace that was sacrificed to fund more urgent data backup 50,000 Arts Commission 50,000 Increased cost for repl. of saw, generator, water/vacuum system, & trailer 39,323 Korea/Japan Sister City trip 30,000 Fiber optic locate service Rev. 7/18 25,000 Engage FW platform subscription 20,000 Video technology equipment for Courtroom 1 & 2 evidence presentation 20,000 BPA crossing lights 19,607 Community Development adjustments approved by council 3/7 18,382 Grant -funded adjustment for Assoc. Planner to Senior Planner 18,000 PBK law software M&O 17,000 OCourt system M&O 9,000 OSummons Jury Management 6,200 IT equipment for on -boarding new staff 5,209 Economic Development cost adjustments for Admin and Dir. $1,166,650 Total The following tables detail the adjustments to expenditures budgets required for the 2023/2024 Budget: Adi_ustments to General Fund Fund Description ofExpenditure /InterfundTransfer 20238 2024$ Fundedbv 001General ARPAcarrvover $ 14,837,037 $ ARPA 001General Transfer out to street fund 259,683 Utility tax/Interest/Permit Fees 001General Transfer out to jail fund 156,765 Utility tax/Interest/Permit Fees 001General Election cost increases 142,600 70,000 Utility tax/Interest/Permit Fees 001General Collective bargaining group neotiatedincreases 100,0001 100,000 Utility tax/Interest/Permit Fees 001General IT software maintenance, software subscriptions, &equipment 75,200 60,300 Utility tax/Interest/Permit Fees 001General Vehicle for Parks Maintenance Worker 75,000 Utility tax/Interest/Permit Fees 001General IT managed detection and response 75,000 75,000 Utility tax/Interest/Permit Fees 001General ITdarktrace 60,000 60,000 Utility tax/Interest/Permit Fees 001General Arts Commission funding 50.000 - Utility tax/Interest/Permit Fees 001General Korea trip 39,323 - Utility tax/Interest/Permit Fees 001General Fiber locate services 30,000 30,000 Utility tax/Interest/Permit Fees 001General Court video for courtroom)&2 20,000 • Utility tax/Interest/Permit Fees 001General CD personnel increases 19,607 20.587 Utility tax/Interest/PermitFees 001General Economic Development labor cost increases 5,209 42,548 Utility tax/Interest/Permit Fees 001General AssociatePlannertoSeniorPlanner- grantfunded) 18,382 19,301 Grant 001General CD grant menditureadiustment (350,000) (187,500)Grant 001General CD contractcarrvforward 210,8241 Utility tax/Interest/Permit Fees 001 General CD contract carryforward grant funded 100,085 Grant dotal $ 15,924,715 $ 290,236 Rev. 7/18 Adjustments to Non -General Funds Fund Description of Expenditure / Interfund Transfer 2023 $ 2024 $ Funded b 101Street Fund Compplan transportation element 21 000 $ Utilit .ta Interes Permit Fees 101Street Fund Thermo markings for crosswalks, stop lines. etc 88,000 Utility tax/Interest/Permit Fees 101Street Fund preemption system: opticom, restore system 85,000 Utilit tax/Interest,/Permit Fees _Signal 101Street Fund 13PA crossing lights 20 000 Utility tax/Interest/Permit Fees 102 Art. OverlayFund Carryover ofoverla ro'ects 8-99,047 Dverlay fund balance 103UTAXFund 'Transfer out to General Fund 430,656 Utility -tax fund balance 106Solid Waste & Recycling Fund Shopping cart truck and trailer 83,951 - Solid waste fund balance 116SWR10%UTAXFund Carryover of overlay ro'ects 1490,166 10%SWRUTAXfund balance l2lTechnolo.gy Fund GIS Geocortex annual subscription 8,500 8,500 Technology fund balance 121Technology Fund Amanda batch scheduler 19,850 3,500 Technology fund balance 303 Parks CJP Fund Carryoverof Parks CIP projects 290,664 Parks CJP fund balance 3045WM CIP Fund Carryover ofSWMCIP projects 3.67Z571 SWMCIP fund balance 306Transportation CIP Fund Carryover of Transportation CIP projects 11,730,185 'Transportation CIP fund balance 401SWMFund TransferouttoSWMCIP for ro'ects 1,080,000 5WMfundbalance 401SWMFund TransferouttoFleetforreplacement ofequipment 50,000 5WMfundbalance 401SWMFund Car over ofsweeping contract 8,372 5WMfundbalance 502IT Fund ITsoftware maintenance, software subscriptions, & equipment 75,200 60,300 General Fund 502IT Fund IIT managed detection and response 75,000 75,000 General Fund 502ITFund IITdarktrace 60,000 General Fund 5021TFund IFiberlocate services 30,000 -General Fund 504 Fleet & Equip. Fund Vehicle for Parks Maintenance Worker General Fund 504 Fleet & Equip. Fund Car over arks vehicle and equipment replacement R1.367.880 Fleet fund balance 504Fleet & Equip. Fund Increased cost for re I. of saw, enerator,water/vacuum system, & trailer SWMfees 504Fleet &Equip- Fund Transfertodebtservicefund(interfundloan Fleet fund balance Total $ 22,01k746 $ 237 300 Exhibits A and B are attached to provide an accountable chronology: • Exhibit A — original Adopted Budget, adopted Nov. 15, 2022 • Exhibit B — first amendment, proposed for adoption May 16, 2022 Rev. 7/18 ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to amending the 2023-2024 Biennial Budget. (Amending Ordinance No. 22-941) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2023-2024 fiscal biennium have been prepared and filed on September 15, 2022 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for public hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on October 18 and November 01, 2022, and considered the public comments presented; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on November 15, 2022 (attached Exhibit A). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2023-2024 Budget Amendment. That the budget for the 2023-2024 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit B ("2023-2024 Amended Budget"). Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget Ordinance No. 23- Page I of 5 approved herein. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. 2023. PASSED by the City Council of the City of Federal Way this _day of , [signatures to follow] Ordinance No. 23- Page 2 of 5 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 3 of 5 EXHIBIT A 2023-2024 Adopted Budget 2023 2024 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,415,532 $ 56,854,231 $ 60,077,654 $ 9,192,109 $ 61,108,379 $ 61,300,485 S 9,000,003 Special Revenue Funds: Street 210,983 5,715,475 5,426,458 500,000 5,595,163 5,595,163 500,000 Arterial Street 100,001 1,563,000 1,563,000 100,001 1,563,000 1,563,000 100,001 Utility Tax 4,579,047 11,830,565 11,619,868 4,789,743 11,782,564 15,072,308 1,500,000 Sales/Use Tax-AfGd. & Supprt. Housing 140,702 125,000 125,000 140,702 125,000 125,000 140,702 Solid Waste/Recycling 311,052 722,200 641,647 391,604 722,200 654,343 459,462 Special Contract/Studies 462,890 - 462,890 - - 462,890 Hotel/Motel Lodging Tax 1,720,995 293,000 65,000 1,948,995 308,000 65,000 2,191,995 Community Center 980,517 2,799,376 2,279,893 1,500,000 2,306,857 2,306,857 1,500,000 Traffic Safety Fund 3,109,153 3,000,000 3,846,735 2,262,419 3,060,000 4,122,419 1,200,000 Utility Tax Proposition 1 1,612,395 3,959,478 4,471,873 1,000,000 4,603,704 4,603,704 1,000,000 Perfomvng Arts & Event Center 541,702 2,387,767 2,483,359 446,111 2,259,757 2,483,359 222,509 Solid Waste 101/o Utility Tax 15ZO12 2,200,000 2,200,000 152,012 2,300,000 2,300,000 152,012 Community Development Block Grant 28,268 886,193 886,193 28,269 789,717 789,717 28,268 Paths and Trails 1,895,150 170,600 100,000 1,965,750 172,216 600,000 1,537,966 Technology 235,810 149,250 - 385,060 149,250 - 534,310 Jail Service 164,252 2,335,748 2,500,000 (0) 2,700,000 2,700,000 (0) Strategic Reserve 3,000,001 - 3,000,001 - 3,000,001 Parks Reserve 1,120,891 5,000 1,125,891 5,000 1,130,891 Debt Service Fund 3,118,184 2,446,368 2,446,368 3,118,184 2,446,459 2,446,459 3,118,194 Capital Project Funds: Real Estate Excise Tax 4,110,900 5,521,000 7,055,343 2,576,557 5,576,000 5,788,245 2,364,312 Downtown Redevelopment 3,496,123 - 205,000 3,291,123 150,000 3,141,123 Municipal Facilities 175,185 - 175,185 - 175,185 Parks 1,497,896 367,000 367,000 1,497,896 767,000 767,000 1,497,896 Surface Water Management 1,744,296 2,044,312 3,359,608 429,000 1,556,230 1,805,273 179,957 Transportation 1,125,725 19,269,000 19,912,000 484725 50,927,649 49,507,000 1,903,373 Capital Project Reserve 369,963 - 369,963 - 369,963 Fnterprise Fund: Surface Water Management 2,897,393 6,226,871 6,450,608 2,673,656 6,228,298 8,104,300 797,654 Dumas Bay Centre 1,132,849 1,155,846 764,097 1,524,599 792,696 773,784 1,543,510 Internal Service Funds: Risk Management 1,158,255 2,307,763 2,657,763 808,255 2,120,877 2,329,131 600,001 Information Technology 3,734,945 3,243,845 3,646,229 3,332,561 3,288,845 3,393,541 3227,865 Mail & Duplication 255,919 135,947 154,901 236,965 135,947 161,901 211,011 Fleet & Equipment 7,621,866 2,425,039 3,336,067 6,710,838 2,399,475 1,711,734 7,398,580 Buildings & Furnishings 2,161,252 728,099 789,772 2,099,579 603,099 664,772 2,037,906 Health Insurance 3,579,885 4,956,000 5,256,726 3,279,159 4,956,000 5,256,726 2,978,433 Unemployment Insurance 245,846 - 70,000 175,846 - 70,000 105,846 Grand TolalAll Funds S 71,207,836 S 145,723,974 S 154,758,165 S 62,173,646 S 181,349,382 S 187,211,223 1 S 56,311,805 Ordinance No. 23- Page 4 of 5 EgilBIT B 2023.2024 Amended Budget 2023 2024 Beginning Fund Beginning Fund Fndng Fund Fund Balance Revenue Etpenditure Balance Revenue Expenditure Balance General Fund S 27,500,556 $ 58,056,122 S 76,002,369 $ 9,554,309 $ 61,040,879 $ 61,590,721 $ 9,004,467 Special Revenue Funds: Street 359,300 5,975,158 5,834,458 500,000 5,595,163 5,595,163 500,000 Arterial Street 999,047 1,563,000 Z46ZO47 100,000 1,563,000 1,563,000 100,000 Utility Tax 4,643,952 12,196,316 12,050,524 4,789,743 11,78Z564 15,072,308 1,500,000 Sales/Use Tax-Affrd. & Supprt. Housing 147,938 125,000 125,000 147,938 125,000 125,000 147,938 Solid Waste/Recycling 395,438 722,200 725,598 39ZO40 722,200 654,343 459,897 Special Contract/Studies 987,117 - 987,117 987,117 Hotel/Motel Lodging Tax 1,867,690 293,000 65,000 4095,690 308,000 65,000 2,338,690 Community Center 1,737,337 2,799,376 2,279,893 2,256,820 2,306,857 2,306,857 2256,820 Traffic Safety Fund 2,445,305 3,000,000 3,846,735 1,598,570 3,060,000 4,122,419 536,151 Utility TaxProposkion 1 1,570,837 3,901,478 4,471,873 1,000,441 4,603,704 4,603,704 1,000,441 Performing Arts & Event Center 873,647 2�87,767 2,483,359 778,055 2,259,757 2,483X9 554,454 Community Development Block Grant 25,107 886,193 886,193 25,107 789,717 789,717 25,106 Solid Waste 10%Utility Tax 1,632,178 2200,000 3,680,166 15ZOI2 2�00,000 2,300,000 152,012 Paths and Trails 1,88U80 170,600 100,000 1,958,880 174,216 600,000 1,531,096 Technology 459,967 149,250 28,350 580,867 149250 12,000 718,117 Jail Service 7,487 2,492,513 2,500,000 0 2,700,000 2,700,000 0 Strategic Reserve 3,001,354 3,001,354 - 3,001,354 Parks Reserve 1,132,882 5,OW 1,137,882 5,000 - 1,142,882 Debt S ervice Fund (1,361,880) 3,814,248 2,446,368 (0) 2,446,459 2,446,459 (0) Capital Project Funds: Real Estate Excise Tax 3216,755 5,521,000 7,055,343 1,68Z412 5,576,000 5,788245 1,470,167 Downtown Redevelopment 4,498,575 205,000 4,293,575 - 150,000 4,143,575 Municipal Facilities 175,412 175,412 175,412 Parks 2,031,573 367,000 657,664 1,740,909 767,000 767,000 1,740,909 Surface Water Management 4,570,034 3243,885 7,032,179 781,740 1,556,230 1,805273 532,697 Transportation 15,937,599 19323,650 31,642,185 3,619,064 50,927,649 49,507,000 5,039,713 Capital Project Reserve 370253 370253 - 370,253 Enterprise Fund: Surface Water Management 4,510,546 6226,871 7,588,980 3,14437 6228,298 8,104,300 1,272,435 Dumas Bay Centre ' 1,710216 1,155,846 764,097 4101,965 794696 773,784 2,120,877 Internal Service Funds: Risk Management 1,516,609 2,307,763 2,657,763 1,166,609 2,120,877 2,329,131 958,355 Information Technology 4259,029 3,484,045 3,886,429 3,85046 3,514,145 3,618,841 3,751,950 Mail & Duplication 279,133 135,947 154,901 260,179 135,947 161,901 23445 Fleet & Equipment 8,545,676 2,550,039 4,944,651 6,151,064 2,399,475 1,711,734 6,838,805 Buildings & Furnishings 2,114,858 728,099 789,772 2,053,185 603,099 664,772 1,991,512 Health Insurance 3,659,129 4,956,000 5256,726 3,358,403 4,956,000 5,256,726 3,057,677 Uncirployment Insurance 1 251016 70,0001 18ZO16 - 70,0001 l Iz016 +Grand TotalAll Funds I S 107,954,951 S 150,737, 66 S 192,693,624 1 S 65,998,694 S 181,507,182 S 187,738,7571 S 59,767,119 Ordinance No. 23- Page 5 of 5 10e COUNCIL MEETING DATE: May1� 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: UNLAWFUL POSSESSION OF CONTROLLED SUBSTANCES POLICY QUESTION: Should the City criminalize the possession of controlled substances without a prescription? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, City Attorney DEPT: Law Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: r �I�� �3 DIRECTOR APPROVAL: Committee Council Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (MAY 2, 2023): "1 move to forward the proposed ordinance to the May 16, 2023, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (MAY 16, 2023): "1 move approval of the proposed ordinance. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION:,{ ❑ APPROVED COUNCIL BILL # fI t ❑ DENIED First reading ❑ TABLED/DEFERREDINO ACTION Enactment reading V MOVED TO SECOND READING (ordinances only)15I2jM3 ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 2, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Misdemeanor Ordinance Prohibiting Unlawful Possession of Drugs Financial Impacts: FWPD already investigates illegal possession of controlled substances, so the police costs associated with this proposed ordinance should already be budgeted for. Increases on prosecution demand can be handled internally to a point, but may ultimately increase prosecution demand to the point that another prosecutor is required. The cost of a new prosecutor is not a part of this proposal. Back6round Information: In State v. Blake, the Washington State Supreme Court invalidated the state's drug possession statute (RCW 69.50.4013) on constitutional grounds. State v. Blake, 197 Wash.2d 170 (2021). The basis for this decision was that it is unconstitutional to criminalize possession of drugs without the state proving criminal intent beyond a reasonable doubt due to the potentially severe consequences of a felony drug conviction. As written, RCW 69.50.4013 was a "strict liability" crime or, in other words, the state was not required to prove that the possession was intentional or knowing, merely that it was present. The practical effect of this ruling was that the state could not impose criminal sanctions against people possessing controlled substances. In response, the State Legislature corrected the state criminal statute, adding an intent element to the crime to avoid the fatal flaw identified by the Court. However, the changes to law were done on a temporary basis, expiring on July 1, 2023, requiring additional action by the Legislature to address the issue prior to that date. Once expired, the former, unconstitutional language will be revived, effectively removing criminal penalties and enforcement authority for the illegal possession of controlled substances. As of the date of this writing the Legislature appears at in impasse, and it is likely that the current legislative session will close without further action. This means as of July 1, 2023 there will be no constitutional statewide prohibition against possession of scheduled substances. Rev. 7/18 Proposed City of Federal Way Ordinance. The ordinance presented creates a local law making the knowing possession of controlled substances, as defined in state law, a gross misdemeanor. Possession of marijuana would remain legal under the parameters of Ch. 69.50 RCW. Enforcement of this law would fall to FWPD and City prosecutors in municipal court. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to misdemeanor possession of controlled substances; adding new section 6.10.130 to Chapter 6.10 FWRC. WHEREAS, the use of controlled substances without a prescription under the supervision of a medical professional can result in physical injury or death; and WHEREAS, the use of controlled substances without a prescription under the supervision of a medical professional often exacerbates mental health conditions; and WHEREAS, using controlled substances can alter a person's brain or brain chemistry with negative health consequences; and WHEREAS, persons using controlled substances can become addicted to such substances resulting in negative physical and mental health consequences and damage to family and personal relationships; and WHEREAS, the misuse of controlled substances without a prescription is positively correlated with criminal behavior; and WHEREAS, on February 25, 2021, the Washington State Supreme Court held in the case of State v. Blake, 197 Wash.2d 170 (2021), that RCW 69.50.4013(1) —the statute that criminalized the possession of a controlled substance without a prescription — exceeded the state's police power and violated the due process clauses of the state and federal constitutions because it created a strict - liability felony offense; and WHEREAS, the Supreme Court's ruling had the effect of eliminating any criminal penalties for the possession of a controlled substance without a prescription and eliminated the authority of Ordinance No. 23- Page I of 4 police officers to contact or arrest persons possessing a controlled substance without a prescription; and WHEREAS, the Washington State Legislature enacted statutory changes to relevant laws in the Controlled Substances Act, Chapter 69.50 RCW, to address some of the gaps in state law resulting from the Blake decision. WHEREAS, the Washington State Legislature changes to state law meant to address the Blake decision will sunset on July 1, 2023 and state law will then revert to the former statutory language held unconstitutional under Blake, effectively removing any criminal penalties and enforcement authority for the illegal possession of controlled substances; and WHEREAS, the lack of penalties and police authority in regard to the possession and use of controlled substances without a prescription will have a direct and negative impact on the health, safety, and welfare of the City's inhabitants. WHEREAS, the lack of enforcement authority of the police will interfere with the City's efforts to address addiction and criminal activity associated with the use of controlled substances without a prescription by eliminating incentives for individuals to enter treatment or obtain necessary social services; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 6.10 of the Federal Way Revised Code is hereby amended to add a new section 6.10.130 to read as follows: 6.10.130 Knowing possession of controlled substances prohibited. Ordinance No. 23- Page 2 of 4 (1) It is unlawful for any person to knowingly possess a controlled substance other than marijuana unless the substance was obtained directly from, or in accordance with, a valid prescription or order of a practitioner while acting in the course of their professional practice. (2) The terms "controlled substance" and "practitioner" as used in subsection 1 of this section are defined by RCW 69.50.101. (3) Violation of subsection 1 of this section is a gross misdemeanor. SectiQn 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law, or July 1, 2023, whichever occurs Ordinance No. 23- Page 3 of 4 later. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 4 of 4