Council PKT 12-20-2005 Regular
A Federal Way City Council Meeting
AGENDA
COUNCILMEMBERS
Dean McColgan, Mayor
Jeanne Burbidge Jim Ferrell
Jack Dovey Linda Kochmar
Eric Faison Mike Park
CITY MANAGER
David H. Moseley
Office of the City Clerk
December 20,2005
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
December 20,2005 -7:00 PM
(11'11,'11,', cl tyofkderahvay. com)
* * * *
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENT A TIONS
a. Proclamation - Reconciliation Month
b. John Caulfield -Planning Commission Appreciation Plaque (outvoing)
c. Terry Wilson - W A State School Resource Oflicer ofthe Year
d. Introduction of New Employees/City Manager
e. Emerging Issues/City Manager
4. CITIZEN COMMENT
PLEASE COMPLETE THE PINK SUP & PRESENT TO TilE CITY CLERK PRIOR TO SPHAl(lN(;,
Citizens may address Ci()! Council at this time, When recognized by the Mayor, please CUlll.e'/()rww'd to the
pudium and state your IwmeFJr the record PLEASE LIMIT YOUR REMARKS TO lHREE (3) MINU1ES.
The Mayor may interrupt citizen cumments that continue too long, relate negativel)! tu uther individuals, or are
otherwise inappropriate,
5. CONSENT AGENDA
Items listed below have heen previullslv reviewed by a COUNcil CUII/millee u(three II/crnhers and hruught hef()re
.fil/1 C'ouneil/e!/.' approval: all items are enacted hy une motion. Individual itellls IlIIJ)! be relllOved bv a
CUlll7cilllwmherfor separate discussion and subsequent l1Jution,
a. Minutes: December 6, 2005 Regular Meeting
h. Enactment Ordinance: 21st Ave SW Extension (SW 356tl1 St. to 22/ld Ave
SW) Condemnation
c. Resolution - North Lake Ridge Division 4 rinal Plat
d. Litter Removal Contract ,- 5% Increase in Funding for 2006
e. South County Transportation Board 2006w2009 lntcrlocal Agrccmcnt
f. Onwline Crime Report Software Purchase
1
6. COUNCIL BUSINESS
a. Approval of Proposed 2005 - 2006 Collective Bargaining Agrecmcnt wi th the
Federal Way Poliec Officers' Guild
b. Rcsolution - Health Reimbursement Arrangement/Voluntary Employee's
Beneficiary Association
c. Resolution - State of Washington Employee's Deferred Compensation Program
d. Resolution - ICMA VantageCare Retirement Ilcalth Savings Plan
e. City Manager Evaluation/P-3 Payment
r. Approval of City Hall Contracts
7. CITY COUNCIL REPORTS
8. CITY MANAGER REPORT
9. ADJOURNMENT
** Tm~ COlJNCIL MA Y ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON 'I'HE AGJ<:NUA **
nIE COMI'LETE AGENDA PACKET IS AVAILAllLE rOR Il\WIEW AT CITY IIALL AND ON TIlE CITY'S wlmsrm
UNDER CITY COUNCIL MEETING Ma:NUA ANU PACKETS-YOU MA Y ALSO E-SUBS('I{JJH: TO lu:n:IVE
ONGOING NOTIFICATION OF CITY COUNCIL UPOATES
2
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MEETING DATE: December 20, 2005 ITEM# .:sA
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUB,JECT: CITY COUNCIL MEETING MINUTES
CA TEGORY: BUDGET IMP ACT:
[Z] CONSENT 0 ORDINANCE Amount Budgeted: $
0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS 0 OTHER Contingency Rcq'd: $
ATTACHMENTS: Draft minutes ofthe City Council Regular December 6,2005.
SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW
requirements.
CITY COUNCIL COMMITTEE RECOMMENDATION: n/a
PROPOSED MOTION: I move approval of the minutes afthe City Council Regular Meeting on December 6,2005.
._-~.
CITY MANAGER APPROVAL: "-
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED ST .
l' reading
0 T ABLEI>/DEFERRED/NO ACTION Enactment reading
0 MOVED TO SECONI> READING (ordinances un()I) ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
December 6, 2005 - 7:00 PM
DRAFT MINUTES
* * * *
1. CALL MEETING TO ORDER
Deputy Mayor Kochmar called the meeting to order at 7:00 P.M and cxeused Mayor
McColgan and Councilmember Parle She also announced that the Sound 'l'ransit Phase II
Update would be reschedulcd.
2. PLEDGE OF ALLEGIANCE
Deputy Mayor Kochmar introduced Wayne 1,ott and the Air vorce Jr. ROTC from Todd
Beamer l-ligh School who led the Flag Salute.
3. PRESENT A TIONS
a. Introduction of New Employees/City Managcr
City Manager David Moseley acknowledged two new employees in the Public Safety
Department. John Buster is a new police officer with the department and Myron Kline is a
rcturning of1icer to the department.
h. Emerging Issues/City Manager
Joni Earl- Sound Transit Phasc 11 Update (to be rescheduled).
Mr. Moseley stated there are no other emcrging issues.
4. CITIZEN COMMENT
H. David Kaplan ~ spoke as Chair of the Tourism Grant Enhanecmcnt Sub-eornmittee
(reports to the Lodging Tax Advisory Committee). He mentioned a December 3'd article in
the Federal Way Mirror regarding the passage of the Tourism grants, which quoted both
Councilmember's Park and Ferrell. Mr. Kaplan stated that the grants are seed money to
help a group get established in the City and the hope is that once established they wiJl have
other means of fundraising opening the door for other groups to apply for the Tourism
Enhancement grants.
Bonnie Knight-Graves -- read into the record a summary of achievements by the Arts
Commission and also stated the need for the City to hire a full-time graphic artist.
Federal Way City Council
Regular Meeting - December 6, 2005
Page 2 of6
Florenda Wyatt ~ addressed the Council regarding crime in hcr area including mail theft
and the need for fencing ofthc storm water pond in her neighborhood.
Ron Walker - Diversity Commission Chair - submitted a draft proclamation J<Jr the
upcoming Martin Luther King Celebration and updated thc Council on the festivities that
will take place on January 13th and 14th.
Deputy Mayor Kochmar asked the City Manager to contact Ms. Wyatt regarding her
concerns. Mr. Moseley will do so and stated that fencing of the stormwatcr pond is on the
consent agenda this evening for approval.
5. CONSENT AGENDA
a. Minutes/November 14,2005 Special Meeting; Novcmbcr 15, 2005 SDecial
Meeting; Novemher 15,2005 Regular Meeting & November 21, 2005
Special Meeting - Approved
b. October 2005 Monthly financial Re]J<,wt ~ Approved
c. Vouchers - Approved
d. Enactment Ordinance -2005/2006 Mid-Biennium Budget Adjustment-
Approved Ordinance No. 05-510
c. Enactment Ordinance - 2005 Property Tax Levy Rate - Approved
Ordinance No. 05-51/
1'. Enactment Ordinance - Twin Lakes Golf and Country Club Franchise -
Approved Ordinance No. 05-512
g. Resolution - 2006 Fee Schedule and Repealing Resolution No. 04-435 -
Approved Resolution No. 05-462
h. Mid-Bicnnium Review of 2005-2006 Human Serviccs Contracts - Pulled
1. Resolution Authorizing the City Manager or Designee to Settle Claims-
Approved Resolution No, 05-463
J. Community Center Mission Statement - Approved
k. Interlocal Agreement bctween City of Fcdcral Way and South King County
Fire and Rescue - Approved
I. Joe's Creek Habitat Restoration Project -- 85~) Design Status Rcport
Approved
m. Fencing of Pond at 21 st Ave. SW and SW 349th Place - Pulled
n. InterIocal Agreement Extension for Water Resourec Invcntory Area l)
Approved
o. WRIA (Water Resource Inventory Arca) 9 Rcsolution to Adopt Habitat Plan
- Approved Resolution No. 05-464
p. 2006 Street Sweeping Scrvices Bid Award-Approved
q. Westway Strcet Lighting Project - Final Project Aeceptanec - Approved
MOTION: Councilmember Faison moved approval of the Consent Agenda.
Councilmember Burbidge second.
Councilmcmber Dovey pulled Conscnt Item m.
Couneilmember Ferrell pulled Consent Item h.
Federal Way City Council
Regular Meeting - Decemher 6, 2005
Page 3 of6
Consent Itcm h - Approval of Mid-Biennium Human Services Contracts: CounciJmember
Ferrell recused himsclffrom this issue, as he is a board member.
MOTION: Councilmember Dovey moved approval the Mid-Biennium Review of2005-
200n I-Iuman Services Contracts. Councilmember Faison second. -rhe motion passed 4-0;
Councilmember Ferrell recused.
Consent Item m - Fencing of Pond at 21,1 Ave. SW and SW 349111 Place: Councilmember
Dovey stated that this item was brought to the City's attention by a citizen and went
through staff, committee and now the City Council and had it not been for the citizen
request the city would not be fencing the pond.
MOTION: Councilmember Dovey moved approval ofthe Fencing of the Pond at 21,1 Ave
SW and SW 349111 Place. Councilmember Burbidge second. The motion carried 5-0.
6. PUBLIC HEARING
a. Code Amendments Selection Process
. Staff Presentation
. Public Hearing
Deputy Mayor Kochmar open cd the Public Hearing regarding the Code Amendment
Selection Proccss at 7:28 PM. She read into the record the process the hearing would
follow and asked for a staffprcsentation.
Senior Planner Margaret Clark reviewed the Code Amendment Selection Process and
stated that the City received six citizen-initiated requests and three city-initiated requests to
the Code. Ms. Clark revicwcd each request and stated she would like direction trmn the
City Counci I as to which of the nine requests the Conlmunity Development Departmcnt
should pursue fix future approval.
Deputy Mayor Kochmar asked for Public Commcnt.
Lauric Lien, Sm~ut Start Day Carc - suppOlis code amendmcnt #1 asking the Council to
amend the sign code to allow local businesses, including day cares, to advertise their
businesses year-round using banncrs. She also stated that sign code enfl1rcement is a waste
oftime and it should bc the right of the business owners to adveliise.
Wally Costello, Quadrant llomes - supports Code Amendment #3 allowing for single-
Camily homes in multifamily zoncs.
John Potter, Stateside Investments - supports Code Amendment #4 allowing for town-
house development in multifamily zones.
Deputy Mayor Kochmar closed the Public Hearing at 7:52 PM.
[7ederal Way City Council
Regular Meeting - December 6, 2005
Page 4 of6
Councilmember Dovey stated that perhaps the LUTe (Land Use Transportation
Committee) code look at the sign code to see if it needs to be reevaluated next year.
MOTION: Councilmember Dovey moved approval of the LUTC's recommendation to
direct staH to furthcr review Requests #2, #3, #4, #7, #8 and #9 for further considcration.
Couneilmcmber Faison second. The motion carried 5-0.
b. Extendinu Interim Zoning Controls
. Staff Presentation
. Public Hearing
Deputy Mayor Kochmar opened the Public llearing at 7:54 PM.
Community Development Director Kathy McClung addrcssed the need for the extension to
thc Intcrim Zoning Controls stating that the original ordinance adopted in June 2005
prevents certain types of businesses south of 312th and west of! -5 (see agenda bi II). Ms.
McClung stated that thc Planning Commission is asking for some additional tilne to review
and analyze the City Center Code Amendments and fecls that the code amendnlents will
not bc rcady for Council's revicw for at least anothcr 30 days.
State Law requires a public hearing prior to adoption,of an ordinanec that would extend the
effective datc of interim zoning controls. State Law also requires that any extension be for
a minimum of six months; however, nothing prevents the Council from terminating the
interim controls prior to the end of the six-month period.
Deputy Mayor Koehmar asked for Public Comment. There were no comments.
MOTION: Couneilmember Faison moved the Public Hearing to consider public comment
on the proposed ordinance extending the effective date of interim zoning controls be
closed. Councilmember Dovey second. The motion carried 5-0.
Deputy Mayor Kochmar closcd the Public Hearing at 8:01 PM.
7. INTRODUCTION ORDINANCES
a. Council Bill No. 393 - Extending Interim Zoning Controls
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY CW FEDERAL WAY. WASHINGTON,
EXTENDING TIlE INTERIM OFFICIAL ZONING CONTROLS ADOPTED ON JUNE 7, 2005 AND
DECLARING AN EMERGENCY (AMENDING ORDINANCE NOS, 05-493 AND 05-4<)9).
City Clerk Hathaway read the ordinance title into the record.
MOTION: Councilmember Faison moved the proposed ordinance in the agenda be
dcelared an emergency and approvc the proposed ordinance extending the eiTedive date of
intcrim zoning controls effective immediately. Couneilmcmbcr Burbidge second.
Federal Way City Council
Regular Meeting December 6,2005
Page 5 01' 6
AMENDMENT: Councilmember Dovey moved to amend the interim zoning regulations
to delete from the zoning regulations retail establishments primarily selling groceries,
produce, hardware, garden and related items. Councilmember Ferrell second. The motion
carried 5-0.
AMENDMENT: Councilmember Dovey moved to add the f()llowing to the proposed
ordinance extending the interim of1icial zoning controls: "Whereas, the intent of the
Council is to allow for an extension shorter than what is aJJowed by statute, and therefore,
Council will repeal the interim zoning controls on the smne date as the final adoption of
City Center zoning controls, which action is cxpccted in early 2006". Councilmember
Ferrell second. The motion carried 5-0.
MAIN MOTION: Deputy Mayor Kochmar called for a vote on the main motion: The
main motion as amended carried 5-0.
Assigned Ordinance No. 05-513.
b. C '1 B'll N ""94 21st A SW Et . SW "" Sfth St t 12/ld
.0uncl 1 o. .J - venue' xenslOn -, _1-), 'ree to L-
A venue SW Condemnation
AN ORDINANCE OF THE CITY COUNCIL OF nlE CITY OF rEDERAL WAY,
WASHINGTON PROVIDING FOR THE CONDEMNATION, APPROPRIATION,
TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OH.
EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-
OF-W A Y IMPROVEMENTS IN THE VICINITY OF 21'1 A VENUE SOUTHWEST
EXTENSION (SOUTHWEST 356TH STREET TO 22ND A VENUE SOUTHWEST),
TOGETHER WlTH ALL APPURTENANCES AND RELATED WORK NEcr':SSARY
TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH AI'I'LICARLE
CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIH.ECTING
rilE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS
IN nm MANNER PROVIDED BY LAW rOR SAID CONDEMNATION.
City Clerk Hathaway read the Ordinance title into the record.
MOTION: Couneilmember FerreH moved to forward Council Bill No. 394 to a second
reading on December 20,2005. Couneilmcmhcr Faison second. The motion carried 5-()
8. CITY COUNCIL REPORTS
Councihncmber Faison stated the next FEDRAC meeting is scheduled for December 13,
2005. Stalf will be making a presentation on the vision for downtown and downtown
propcrty owners/developers will be in attendance.
Councihnember Dovey stated the next LUTC meeting is scheduled for December 19,2005.
Federal Way City Council
Regular Meeting - December 6, 2005
Page 6 of6
Couneilmember Burbidge stated the next PRHSPS meeting is scheduled for December 12,
2005. She also stated that she attended the State Transportation Improvement Board
Meeting and the Board allocated $9.24 Million for Phase IV of the Pacific Ilighway South
HOV Lanes Project.
Council member Ferrell reported that he attended the grand opening of the new Chipoltc
Grill; he also attended the Suburban Cities Association Public Issues Committee meeting
where they appointed committee assignments for 2006, talked about annexation and arc
developing at H)-year plan to alleviatc homelessness.
Deputy Mayor Kochmar that on December 9111 the Police Department will be hosting a
presentation on auto theft which wi]] he open to the public; the Suburban Cities Association
wilJ meet on December 14,2005; and the final City Council meeting of the ycar is
scheduled for December 20, 2005. There will be a public reception for outgoing City
Manager Moseley prior to the meeting at 7:00 PM.
9. CITY MANAGER REPORT
City Manager David Moseley stated the United Way i'undraising event at the City raised
over $20,000; the latest version ofthc City Updatc is now on the Web and Channcl 21; and
final sentencing of Jason Roberts for the murder of OfJicer Maher is scheduled for
December 19,2005.
10. EXECUTIVE SESSION
a. Personnel- City Manager Evaluation/Pursuant to RCW 42.30.11 O{1 (f:)
b. Collective Bargaining/Pursuant to RCW 42.30. 140(4)(a)
Deputy Mayor Kochmar announced the Council would adjourn to Executive Session at
X:24 PM. Expected time is onc hour. No action would be taken.
11. ADJ01JRNMENT
Council reconvened from Executive Session at 9:00 PM and Deputy Mayor Kochmar
adjourned the regular meeting ofthe Federal Way City Council.
ATTEST:
--"'.".""'.'~'._-".".'_.
Laura K. I-lathaway, City Clerk
Approved by Counci Ion:
}O, -~
MEETING DATE: December/",2005 ITEM#
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"'
CITY OF FEDERAL W A 1 .~
..
City Council )
AGENDA BILL
\
SUBJECT: 21st Avenue SW Extension - SW 356thStreet to 22nd Avenue SW Condemnation
CATEGORY: BUDGET IMP ACT:
D CONSENT IZJ ORDINANCE Amount Budgeted: $
D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $
D CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $
-_......_-_._---,------~._._.._._._.._-_...._- ..-....-.-..---.--.---------.--..-...-.... .'."".'" .,. ~,.~_. .------.-.....-.--.--..-..... ........-.,",.,.. ,............-......-.....-----.--,.....,.-..,'"-'"
ATTACHMENTS: Ordinance
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SUMMARYIBACKGROUND:
Previously, the City Council authorized staff to acquire right-of-way for the 21 st Avenue SW Extension - SW 356th
Street to 22nd A venue SW Improvement Project for fair market value. Staff is currently contacting the property owners
to negotiate the purchases, In anticipation that some or all of the property owners will refuse to sell because they dislike
s9me aspect of the project, or because they want more money for their property, staff is requesting that the Council adopt
'; attached condenmation ordiIiance, The ordinance authorizes the City Attorney to commence legal proceedings to
....::quire the necessary properties by condemnation ifthe negotiation process fails after a reasonable amount of time, in
order to allow the project to proceed,
,~.~..'r_d.~_'.~~.~_____.__.._._.,._.......'.. . ,.,.,..,.,_..__..___._.____~~_.~.__._..,...~",.y,~.._~~__~.,~_..~..~.__________..._ . ., ~___.__~___________.~~,.,~..,~~.......~
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
~~-~&~,~~._.._._-_.._.._.._-_.....,.'.y'_.. . ,~.~ft.~~____~,~~~~_____..._ .,......,".._.__.__~_____.~.__~~.~~
PROPOSED MOTION: "I move to send the condemnation ordinance for 21st Avenue SW Extension ~ SW 356th Street
to 22nd Avenue SW to the City Council meeting on December 20'h, 2005 for seco.?dreading,"
__.____~.__~._,~.~_.m~"...._" ..,_~,___._. ~'-~~'..,_..'~...,_.---' -_......,'.~~_..._-_.,',."..._.,-_.
CITY MANAGER AFFROV AL: ~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL # 3~
0 DENIED 1ST d.
rea mg /<0/ IDr'
D TABLED/DEFERRED/NO ACTION Enactment reading
~ MOVED TO SECOND READING (ordinances ollly) ORDINANCE #
--
RESOLUTION #
.",NISED - 05/10/2001
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FKDERAL WAY, WASHINGTON, PROVIDING
FOR THE CONDEMNATION, APPROPRIATION,
TAKING AND/OR ACQUISITION OF CERTAIN REAL
PROPERTY AND/OR EASEMENTS FOR THE PURPOSE
OF CONSTRUCTING AND INSTALLING RIGHT-OF-
WAY IMPROVEMENTS IN THE VICINITY OF 21ST
AVENUE SOUTHWEST EXTENSION (SOUTHWEST
356TH STREET TO 22ND A VENUE SOUTHWEST),
TOGETHER WITH ALL APPURTENANCES AND
RELATED WORK NECESSARY TO MAKE A
COMPLETE IMPROVEMENT IN ACCORDANCE WITH
APPLICABLE CITY STANDARDS ALL WITHIN THE
CITY OF FEDERAL WAY; AND DIRECTING THE CITY
ATTORNEY TO FILE ALL NECESSARY ACTIONS AND
PROCEEDINGS IN THE MANNER PROVIDED BY LAW
FOR SAID CONDEMNATION.
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Public Necessity. The public health, safety, necessity and
convenience demand that right-of-way improvements be constructed and maintained within the
City of Federal Way within the vicinity of 21st Avenue Southwest extension (SW356th Street to
I
22nd A venue Southwest), and that certain real property and/or easements upon property be
condemned, appropriated, taken and/or damaged for the construction of said improvements as
provided by this ordinance.
Section 2. Public Use. The improvements demanded by public health, safety,
convenience and necessity consist of those improvements shown on the Right of Way Plans
dated October 31, 2005, by Perteet, Inc. and on file with the City of Federal Way, to whit: the
construction of 21 51 A venue Southwest extension to achieve two general purpose vehicle lanes,
--.-....
northbound on-street parking, curb, gutter, sidewalk, street trees, street lights and a utility strip
for underground utilities, together with all modified Figure 111-3 (q), Crnss Section R of the City
of Federal Way Comprehensive Plan and as amcndcd by Council authonzation on May 4, 2004,
and other applicable City standards. Said improvements will be a pm1 of right-of-way owned
by the City of Federal Way and open for use by the general public, and therefore the use of
property and/or easements condemned herein for the construction of said improvements
constitutes a public use.
Section 3. Condemned Property. The City Council of the City of Federal Way,
after reviewing the planned improvements, hereby declares that the property and/or easements
located within the City of Federal Way, legally described and depi,cted in Exhibit "A" attached
hereto and incorporated herein by this reference ("Property"), shall be and hereby are
condemned, appropriated, taken and/or damaged for the public use and purpose in installing
right-of.-way improvements described in Section 2 above. The condemnation, appropriation,
taking and/or damaging of the Property includes the right to make all necessary slopes for cuts
and fills upon adjacent lands in the reasonable original grading and maintenance of the right-of-
way facilities, as well as temporary easements to enable construction of said improvements.
Further, the condemnation, appropriation, taking and/or damaging of the Property shall be
subject to the making of paying of just compensation to the owners thereof in the manner
provided by law.
Section 4. Condemnation Legal Action. The City Attorney or other attorney
selected by the City Manager is hereby authorized and directed to file all necessary actions and
proceedings provided by law to condemn, take and appropriate the Property in order to carry out
the provisions of this ordinance, and is further authorized in conducting said condemnation
proceedings and for the purpose of minimizing damages, to stipulate as to the use of the
K:\COUNCIL\AGD ILLS\2005\11-1S-0S 21st Ave SW SW 3S6th to 22nd Ave SW condemnation ORDINANCE.doc
Property and as to the reservation of any right of llse to the Property owner(s), provided that
such reservation does not interfere with the lIse of the Property by the City as provided in this
ordinance_ The City Attomey is tt1l1her authorized to adjust the location and/or width of any of
the Property and/or easements condemned or taken therein in order to minimize damages,
provided that said adjustments do not interfere with the use of the Property by the City as
provided in this ordinance.
Section 5. Severabilitv. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
Section 6. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and afnnned.
Section 7. Effective Date. This ordinance shall take effect and be in force five
(5) days from and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this___ day of
2005.
CITY OF FEDERAL WAY
---.----.--...-.--.
MA YOR, DEAN MCCOLGAN
ATTEST:
.___.._._______"...."._.,,,., m' "...., _.....__
LAURA HAll IA WAY, CITY CLERK
K:\COUNCIL\AGD ILLS\2005\11-15~05 21st Ave SW SW 356th to 22nd Ave SW condemnation ORDINANCE. doc
-
APPROVED AS TO FORM:
...--......--.--..--.-...-.---'", ,.,''''~..--_._---
PATRICIA A. RICHARDSON, CITY ATTORNEY
FILED WITH TIlE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:\ORDIN\2005\21" Ave SW Coml SW 356'h to 22nd Ave SW
K:\COUNCIL\AGD ILLS\2005\11-15-05 21st Ave SW SW 356th to 22nd Ave SW condemnation ORDINANCE.doc
21 st Avenue SW Extension
(SW 356th Street to 22nd Avenue SW)
Right of Way Aquisition
EXHIBIT A
Page 1 of 9
RIGHT OF WAY ACQUISTlO:'/
LEGAL O~;SCRIPTION
PORTION OF GOVERNMENT LOT 1
PARCEL NO. 2521039022
AN ACQUISITION or A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF Tl-lE
NORTHEAST QUAlrI'ER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE:\ EAST, W,M. SAID
PARCEL MORE P ARTICULARL Y DESCRIBED AS A PORTION OF GOVERNMENT LOT 2 BEGINNING
30,00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID GOVERNMENT LOT, SAID CORNER
AND THE WEST LINE OF SAID GOVERNMENT LOT 2 ESTABLISHED IN KING COUNTY SUPERIOR
COURT CAUSE NO. 82-2-02264-1 AND DELINEATED ON SURVEY NO. 8105099002; THENCE SOUTH
ALONG SAID WEST LINE 350.00 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID
LOT 2 A DISTANCE OF 150.00 FEET; THENCE NORTH PARALLEL WITH WEST UNE OF SAID LOT 2
A DI5T ANCE OF 350.00 FEET; THENCE WEST 150,00 FEET TO THE POINT OF BEGINNING. EXCEPT
THAT PORTION CONVEYED TO KING COUNTY fOR WIDENING SOUTHWEST 356lH STREET
UNDER RECORDING NO.8305170926.
SAID ACQUISITION MORE P ARTICULAL Y DESCRJBED AS FOLLOWS;
ALL THAT PORTION OF GOVERNMENT LOT 2 LYING WEST OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 2;
THENCE SOUTH 00017'23" EAST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 2 A
DISTANCE OF 42.02 FEET TO THE SOUTH RJGHT-OF-W AY MARGIN OF S,W. 356TH ST.;
THENCE SOUTH 88039'34" EAST ALONG SAID SOUTH RJGHT-OF-WAY MARGIN 6732 FEET
TO TIlE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTH RJGHT-OF-WAYMARGIN SOUTH 02036'00" WEST 1.55
FEET;
THENCE NORTH 87021 '57" WEST 12.69 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE SOUTHEAST HAVING A RADIUS OF 20.00 FEET;THENCE SOUTHWESTERLY 34.45
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 98041'51" TO THE BEGINNING
OF A COMPOUND CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 157,00 FEET;
THENCE SOUTHERLY 25.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
09009'33" TO THE BEGINNING OF A REVERSE CURVE CONCA VE TO THE SOUTHWEST
HAVING A RADIUS OF 233.00 FEET; THENCE SOUTHERLY 60.73 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 14055'58";
THENCE SOUTH 00017'23" EAST 30.46 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE NORTHWEST HAVING A RADTUS OF 83.00 FEET; THENCE SOUTHWESTERLY 92.01
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63030'58" TO THE WEST
LINE OF SAID GOVERNMENT LOT 2 AND THE END OF THIS LINE DESCRIPTION;
THE PARCEL DESCRIBED ABOVE CONTAINS 8,276 SQUARE FEET
(0.19 AC) MORE OR LESS.
SUBJECT TO RIGHTS, TITLE, EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD OR WHICH A IT ACH THERETO BY
OPERA TION OF LA W,
SITUATE IN THE COUNTY OF KfNG, STATE OF WASHINGTON,
NltI. ~, 2tIJ~
A PORTION OF
SEC. 25, TWP. 21 N. RGE. 3 E. W.M.
N 88'4"J6" 'If 134.2'1 J56TH Sf. S.W. N 88'''9'''4" W ",,1. 7
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CITY OF FEDERAL JY AY
PARCEL EXHIBIT MAP
PARCEL NO. 252103-9022
THE SMYRES PARCEL
DATE: SEPTEMBER 2005 SHEET t OF t
.
.
RIGIIT OF \VA Y ACQUISTlON
LEGAL DESCRIPTION
I'OlnlON OF LOT 4 KCSP 116771133
AFN 7803130566
AN ACQUISITION OF ^ PORTION OF A I'ARCELOF LAND LOCATED IN GOVERNMI::NT LOT I, SECTION 25.
TOWNSHIP 2' NORTH, RANGE 3 EAST, WM_, SAID PARCEL MORE PARTICULARL Y DESCRIBED AS LOT <I Of
KING COUNTY SHORT PLAT NO, 677183 RECORDED IN AIJDITOR'S FILE NO. 7803130566,
SAID ACQUISfTlON MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL TIIAT PORTION OF LOT 4 KING COUNTY SHORT PLAT NO, 677183 RECORDED TN AUDITOR
FILE NO, 7803130566 LYING NORTH OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT I:
THENCE SOUTH 00017'23" EAST ALONG THE EAST LINE OF SAID GOVERNMENT LOT I A DISTANCE
OF 254,11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 83,00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 29047'55" EAST AND
THEPOlNT OF BEGINNING;
THENCE SOUTHWESTERLY 40.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
28004' 4 7";
THENCE NORTH 88041' 38" WEST 159.12 FEET;
THENCE SOUTH 51\028'45" WEST 7,46 FEET;
THENCE NORTH 73044'22" WEST 4.32 FEET TO TIfE BEGINNING OF A CURVE CONCAVE TO THE
SOIJTHEAST HA VING A RADIUS OF 28.00 FEET;
THENCE SOUTHWESTERLY 12.34 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
25014"33" TO THE WEST LINE OF SAID LOT 4 AND THE END OF THIS LINE DESCRIPTION,
THE PARCEL DESCRIBED ABOVE CONTAINS 14,143 SQUARE FEET (0.32 AC) MORE OR LESS.
SUBJECT TO RIGHTS, TITLE, EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD OR WHICH
ATTACH THERETO BY OPERATION OF LAW.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
N4V. ft. It>o 5'
A PORTION OF
SEC. 25, TWP. 21 N, RGE. 3 E, W.M.
N M-"'1".JO-" 2..)4.71 N 158""3Q1",l-C'" W lJ1_
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QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 11 NORTH, RANGE 3 EAST,
W,M MORE PARTCULARLY DESCRIBED AS PARCEL 'A' AND PARCEL '8' OF CITY OF FEDERAL
WAY BOUNDARY LINE ADJUSTMENT NO. 95-004, RECORDED UNDER AUDITOR'S FILE NO.
9511079006, RECORDS OF KING COUNTY, WASHINGTON;
SAID ACQUISITlON MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL' A' OF SAlD BOUNDARY LINE
ADJUSTMENT NO. 95~OOO4;
THENCE NORTH 00002'45" WEST ALONG THE WEST LINE OF SAID PARCEL 'A' 9.41 FEET;
THENCE SOUTH 60021'12" EAST 19.81 FEET TO THE SOUTH LINE OF SAID PARCEL 'A';
THENCE NORTH 88041'38" WEST ALONG SAID SOUTH LINE 17.21FEET TO THE POINT OF
BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 81 SQUARE FEET MORE OR LESS.
TOGETHER WITH:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 'A' OF SAID BOUNDARY LlNE
ADJUSTMENT NO. 95-004;
THENCE SOUTH 88041 '38" EAST ALONG THE SOUTH LINE OF SAID PARCEL 'A' AND OF
PARCEL 'B' OF SAID BOUNDARY LINE ADJUSTMENT NO. 95-004 A DISTANCE OF 184.55
FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 20.00 FEET AND THE POINT OF BEGINNING;
THENCE NORTHEASTERLY 9.91 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 28024'04" TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF 21sT AVE. S,W.
AS DEEDED TO CITY OF FEDERAL WAY IN AUDITOR FILE NO. 20010226000449;
THENCE SOUTH 00017'23" EAST ALONG SAID WEST RIGHT-Of-WAY LINE 7.02 FEET TO
THE SOUTHEAST CORNER OF SAID PARCEL 'B';
THENCE NORTH 8804 I '38" WEST ALONG THE SOUTH
LINE OF SAID PARCEL '8' 7.05 FEET TO THE POINT
OF BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 21 SQUARE
FEET MORE OR LESS.
SUBJECT TO RlGHTS, TITLE, EASEMENTS, RESTRICTIONS
AND RESERVATIONS OF RECORD OR WHICH ATTACH
THERETO BY OPERATION OF LAW.
SITUATE IN THE COUNTY OF KING, STATE OF
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CITY OF FEDERAL WAY
PARCEL EXHIBIT MAP
LOT A & B OF BLA AFN 9511079006
PARea 1252103-9011
DATE: NOVEMBER 2005 SHEET 1 OF 1
KIGHT Ot" WA Y ACQUISTlOi'l
lEGAL DFSCRlI'TION
PORTION OF Nt; y. NE V. S2S-TZ1N.RJE
PARCEL NO. 252W390S0
AN ACQUISITION OF A PARCEL OF LAND LOCATED rN THE NORTHEAST QUARTER OF SECTION
25, TOWNSHIP 21 NORTH, RANGE) EAST, W,M. SAlD PARCEL MORE PARTICULARLY
DESCRIBED AS THE SOUTH 195,0 FEET OF THE WEST 177.0 FEET OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 21
NORTH, RANGE 3 EAST, W.M., RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTH
30 FEET AND THE WEST 30 FEET FOR COUNTY ROAD; AND EXCEPT THOSE PORTIONS
CONVEYED TO KING COUNTY BY DEEDS RECORDED UNDER RECORDING NO. 7307030096 AND
8904280313,
SAID ACQUISITION MOREP ARTICULAL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER;
THENCE SOUTH 88039'34" EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER OF THE NORTIiEAST QUARTER OF THE NORTHEAST QUARTER A DISTANCE
OF 63.70 FEET;
THENCE NORTH )020'26" WEST 42.00 FEET TO THE NORTH RlGHT-OF-WAY MARGIN OF
S.W. 356TH ST. AND THE POINT OF BEGINNING;
TIiENCE CONTINUING ALONG THE SAID NORTH RIGHT-OF-WAY MARGIN NORTH
88039'34" WEST 8.45 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHEAST HAVING A RADIUS OF 40.00 FEET TO WHICH ^ RADIAL LINE BEARS SOUTH
)9032'08" WEST; THENCE NORTHWESTERLY 21.79 FEET ALONG SAID CURVE THROUGH
^ CENTRAL ANGLE OF 3 )012'30";
THENCE LEAVING SAID RIGHT-OF- WAY MARGIN SOUTH 88039' 34" EAST 26.33 FEET;
THENCE SOUTH 1020'26" WEST 11.97 FEET TO THE POINT OF BEGINNING;
THE PARCEL DESCRlBED ABOVE CONTAINS 229 SQUARE FEET MORE OR LESS.
SUBJECT TO RlGHTS, TITLE, EASEMENTS, RESTRlCTIONS AND RESERV ATlONS OF RECORD OR
WHICH ATTACH THERETO BY OPERATION OF LAW.
SITVA TE IN THE COUNTY OF KING, STATE OF WASHINGTON.
A PORTION OF
EC. 25, TWP 21 N. RGE. 3 E. W.M.
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CITY OF FEDERAL WAY
PARCEL EXHIBIT MAP
PARCEl. NO, 252103-9050 TWIN
SHIN. tHe PARCEl
DATE: NOVEMBER 2005 SHEET 1 OF 1
MEETING DATE: December 20, 2005 ITEM# 6U
.............................., ............................................................"" .......".""............"."",.",,,,,,,,,,,,.,"'."'.,,...........
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Northlake Ridge Division 4 Final Plat, File No. 05-103512-00~SU
"""""""".....,,,,,. .........................-...... ........,,,,,"',,..,,,,,,. ..........-..-........ ....""""""...".".,...,....-.--...-....- ..........-......-..-.-...... ... .m mm. ..............................____ ..........._..........._...... ... """"......
CATEGORY: BUDGET IMP ACT:
[S] CONSENT D ORDINANCE Amount Budgeted: $0.00
[S] RESOLUTION D PUBLIC HEARING Expenditure Amt.: $0.00
D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $0.00
. '...m........."'..,.. . .. ''''''''''''''''''''''''-''',...--- ....................-...........-..... ..............."'.. ......................................................... ........,....,,,,,,,,,,,,,.. """""""",.."",..
ATTACHMENTS: Memorandum to City Council Land Use/Transportation Committee dated December 13, 2005
for the December 19,2005, LUTC meeting; Northlake Ridge Division 4 Final Plat Staff Report, dated December 13,
2005, with exhibits including Reduced Scale Final Plat Map; Vicinity Map; City Council Resolution #03~396
approving the Quadrant Residential South Cluster Preliminary Plat; and proposed City Council Resolution
approving the Northlake Estates Division 4 Final Plat.
........""",,,,,,, ...................................-...... ........................................................................,.."'" "",,,,,..,,..,.,......
SUMMARYIBACKGROUND: The applicant requests approval ofthe Northlake Estates Division 4 Final Plat, a
90-1ot single family residential cluster subdivision, as provided for under Federal Way City Code (FWCC) Chapter
20, "Subdivisions," subject to City Council approval. The Quadrant Residential South Cluster Preliminary Plat was
approved by City Council Resolution #03-396 on October 21,2003.
.................................................................""..,,, """""".,.,..... . ..........................-...... . . .......... """"""'"""""".."",,. ..... .....................................................- ............................................................".... .."""""....."""". ,,,,,,,,,,,,,,,"'...
CITY COUNCIL COMMITTEE RECOMMENDATION: At the time of preparation of this City Council
agenda bill, the December 19,2005 LUTC meeting has not occurred. Therefore, a recommendation is not provided
with this agenda bill. The LUTC will meet to review the application on December 19, 2005. Staff will forward the
resulting LUTC recommendation to the City Council at the December 20, 2005 City Council meeting.
... .,...,..,,"', .... ............................................................................................- ......,............................ ...,...."""""""."""..",.""" ... ... .....................................-......
PROPOSED MOTION: I move approval of the Northlake Estates Division 4 Final Plat.
CI~~:=GER APP~:V:' ----'--lW' ... ............................
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
D DENIED 1 ST reading
D TABLIWmEFERRED/NO ACTION Enactment reading
D MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
DOc. 1.0. 34343
---...
CITV OF ~
Federal Way
MEMORANDUM
DATE: December 13,2005
To: Jack Dovey, Chair
Land Uscffransportation Committee
FROM: Deb Barker, Interim Senior Planner (J,tJ
David M~Manager
VIA:
RE: Northlake Ridge Division 4 Final Plat Application
Federal Way File No. 05-1 03512-00-SU
MEETING DATE: December 19,2005
I. RECOMMENDATION
Staff recommends that the Land UselTransportation Committee forward to the City Council a
recommendation approving the Northlake Ridge Division 4 Final Plat Resolution.
II. SUMMARY OF ApPLICATION
The applicant requests final plat approval for Northlake Ridge Division 4, a cluster subdivision of 90
residential single-family lots on approximately 40 acres. Lot sizes range from 4,874 square feet (SF) to
9,498 SF, with average lot sizes of 5,779 SF. The Northlake Ridge Division 4 subdivision is located in
the eastern portion of the City between South 334lh Street at 38lh Avenue South and SR 18, with access
from 42"d A venue South extending from Northlake Ridge Division I.
The cluster subdivision is zoned Single-Family Residential-RS 9.6. Pursuant to Federal Way City Code
(FWCC) Chapter 20, "Subdivisions," Section 20-136, the City Council may approve the final plat
application only if all criteria of FWCC S 20-136(b) are met. Findings and conclusions contained in the
attached staff rcport to the City Council and referenced in the attached resolution indicate that the plat
has been constructed, or financially secured pursuant to FWCC S 20-135, in accordance with the
approved preliminary plat, and the applicable FWCC requirements.
Inn response to an allegation made by an adjacent neighbor that the roundabout improvements were
inaccurately installed on private property, the City researched how the right-of-way was established and
determined that all roundabout improvements were installed within the public right-of-way.
Ill. REASON FOR COUNCIL ACTION
The final decision for final plats rests with the City Council in accordance with FWCC ~ 20-136(b).
Bringing this matter before the City Council Land Use/Transportation Committee for review and
recommendation prior to the full Council is consistent with how land use matters arc currently
processed by the City.
IV. PROPOSED MOTION
I move that the Land Use/Transportation Committee forward to the City Council, and place on the
December 20,2005, City Council consent agenda, a recommendation approving the Northlake Ridge
Division 4 Final Plat Resolution.
05-10351Z Doe. I.D_ 33960
....~
CITY OF i/fIII'~
Fede:ralWay
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT
Request for Final Plat Approval
NORTH LAKE RIDGE DIVISION 4 (AKA QUADRANT RESIDENTIAL SOUTH) FINAL PLAT
Federal Way File No. 05~103512-00-SU
I RECOMMENDATION
City of Federal Way staff has reviewed the final plat of North Lake Ridge Division 4 for compliance with
preliminary plat conditions and all applicable codes and policies, and recommends approval of the final
plat application.
II INTRODUCTION
Date: December 13,2005
Request: Request for final plat approval for the North Lake Ridge Division 4 subdivision.
Description: North Lake Estates Division 4 is a proposed lot cluster subdivision including 90 single-
family lots on approximately 40 acres. The 90-1ot North Lake Estates Division 4
Preliminary Plat was granted approval by the Federal Way City Council on October 21,
2003, as Quadrant Residential South, per City Council Resolution 03-396.
Access to North Lake Estates Division 4 is via the southern leg of a new roundabout at
the intersection of South 334th Street at 38th Avenue South, and also via 4200 Avenue
South as extended south from North Lake Ridge Division 1. All required roads,
sidewalks, stonn drainage facilities, sewer lines, water lines, and related improvements
for the project have been constructed or financially guaranteed.
Owner: Quadrant Homes
1110 lIth Avenue NE, Suite 300
Bellevue, WA 98009-0130
425-455-2900
Engineer: ESM Consulting Engineers LLC
33915 1st Way South, Suite 200
Federal Way, WA 98003
253-838-6113
Location: Generally southeast of the intersection of South 334th Street at 38th Avenue South and
north ofSR 18; in Sections 15 and 22, Township 21 North, Range 4 East, W.M, King
County (Exhibit A - Vicinity Map).
Sewage
Disposal: Lakehaven Utility District
Water
Supply: Lakehaven Utility District
Fire District: Federal Way Fire Department
School
District: Federal Way Public Schools, No. 210
Report
Prepared By: Deb Barker, Interim Senior Planner
III HISTORY AND BACKGROUND
North Lake Estates Division 4 is a proposed subdivision of 90 single-family lots on approximately 40
acres, with regulated wetland and wetland buffers (Exhibit B - Final Plat Map). The 90-10t North Lake
Estates Division 4 Preliminary Plat was granted approval by the Federal Way City Council on October
21, 2003, per Resolution 03-396 (Exhibit C- Preliminary Plat Map and Exhibit D- Resolution 03-396).
A proposed resolution of the City of Federal Way, Washington, to approve the final plat of North Lake
Estates Division 4 is attached to the LUTC November 15,2005 memorandum (Exhibit E -North Lake
Estates Division 4 Final Plat Resolution).
Zoning for the 40-acre site is RS 9.6, with a minimum lot size of 9,600 square feet. The preliminary plat
was designed as a lot cluster plat, pursuant to the regulations in effect at the time of complete preliminary
plat application. Those cluster plat provisions established a minimum lot size of no less than one-half the
size ofthe underlying zoning district, but in no case smaller than 3,600 square feet. In the case of the RS
9.6 zoning district, lots could not be smaller than 4,800 square feet. The lot sizes on the North Lake
Estates Division 4 final plat range from 4,874 square feet to 9,498 square feet, with the average size being
approximately 5,779 square feet. All lots conform to those previous cluster lot provisions. Wetland and
wetland buffer intrusions were approved by the Federal Way Hearing Examiner in conjunction with
preliminary plat approval.
The developer applied for final plat approval on August 13,2005, while the site was still under
construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Section 20-
136 of the Federal Way City Code (FWCC), the City Council is charged with determining whether: 1) the
proposed final plat conforms to all terms ofthe preliminary plat approval; 2) the subdivision meets the
requirements of all applicable state laws and local ordinances which were in effect at the time of
preliminary plat approval; 3) all taxes and assessments owing on the property have been paid; and 4) all
required improvements have been made or sufficient security has been accepted by the City.
Staff Report Federal Way File No. 05.103512-00-SU/Doc,1D 33758
North Lake Ridge Division 4 (AKA Quadrant Residential South) Final Plat Page 2
City of Federal Way staff has reviewed the North Lake Estates Division 4 final plat for compliance with
preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat
conditions have been met or financially secured as allowed by FWCC Section 20-135.
IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS
The following lists conditions of preliminary plat approval and SEP A conditions in the same order
referenced in Federal Way City Council Resolution 03-396 and the SEPA Mitigated Determination of
Nonsignificance, respectively. Required improvements have been completed or financially secured as
allowed by FWCC Section 20-135.
1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC.
Compliance may result in reducing the number and/or location oflots as shown on the approved
preliminary plat.
A. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design
Manual (KCSWDM) and amendments adopted by the City of Federal Way. City of Federal
Way approval of the drainage and roadway plans is required prior to any construction.
Staff Response: This condition has been met. A Technical Information Report (TIR), drainage
plans, and roadway plans were reviewed by the City and approved on August 27,2004.
B. The runoff control facilities within Quadrant Residential South shall be located within separate
tracts (Tracts A and B) that are landscaped to screen the facility from the right-of-way and
adjacent residential uses, and to allow for appropriate maintenance of the facility, and shall be
dedicated to the City of Federal Way. Tracts C, D, E, F, G, H, I, J, L, and M shall be owned,
landscaped, and maintained by the homeowners association. The homeowners association shall
also maintain screening vegetation in Tracts A and B. A landscape plan for Tracts C, D, E, F,
G, I, J, L, and M shall be submitted to the City forreview and approval as part of the plan.
Staff Response: This condition has been met. Combined water quality and detention ponds are
located in Tracts A and B. Both tracts will be dedicated to the City of Federal Way on the final
plat map and through a statutory warranty deed that will be recorded with the plat. Landscape
plans that depicted appropriate screening of Tracts A and B, as well as landscapingfor Tracts
C, D, E, F, G, H, 1, J, L, and M were reviewed and approved with the construction plans.
Screening landscaping at Tracts A and B has been installed, inspected, and approved.
C. Stormwater quality treatment shall be provided using the basic water quality menu options of
the 1998 KCSWDM, as amended by the City of Federal Way.
Staff Response: This condition has been met. The water quality ponds provide water quality
treatment for pollution generating impervious areas within the plat.
D. Stonnwater from Tract A shall be directed to the buffer of Wetland A-C via a level flow
spreader.
Staff Response: This condition has been met. Approved engineering plans depicted level flow
spreader directing flows from Tract A (storm drainage) into Tract G, which contains the buffer
of wetlands A~C. The flow spreader has been installed, inspected, and approved.
2. The applicant shall be required to construct all storm drainage improvements necessary to mitigate
all identified conveyance problems, whether existing or resulting from the plat's development, as
identified during engineering plan review and as required by the Public Works Director. Engineering
Staff Report Federal Way File No. 05-103512-00-SU/DodD 33758
North Lake Ridge Division 4 (AKA Quadrant Residential South) Final Plat Page 3
approval shall not be granted if it is determined that proposed mitigation is not adequate to address
the impacts of the project.
Staff Response: This condition has been met. The offsite drainage system has been cleaned of all
sediment and debris and is now capable of safely conveying stormwater runoff.
3. The final plat drawing shall dedicate all usable open space in open space tracts to be owned in
common and maintained by property owners of the proposed subdivision, and shall prohibit removal
or disturbance of vegetation and landscaping within the tracts, except as necessary for maintenance
or replacement of existing plantings and as approved by the City. Additional vegetation may be
located in open space tracts to meet conditions as approved by the City. A note shall be included on
the final plat map that the open space tracts shall not be further subdivided, may not be developed
with any buildings or other structures except as may be approved by the City for recreational
purposes only for the benefit of the homeowners, and may not be used for financial gain.
Staff Response: This condition has been met. Notes # 4, 5, 6, and 8 on sheet 2 of 7 of the final plat
establish usable, recreation, and park open space tracts as Tract C, D, E, F, G, H, L J, M, and N to
be owned and maintained by the homeowners association. Note 9 of sheet 2 of7 precludesfurther
development of the identified open space tracts and prohibits removal of vegetation except as
approved by the City of Federal Way.
4. Prior to issuance of construction permits, a final landscape plan prepared by a licensed landscape
architect shall be submitted to the City for approval, and shall include the following elements:
A. Open space and/or park landscaping in Tracts C, D, E, F, G, H, I, J, L, and M.
Staff Response: This condition has been met. A landscape plan that included planting in
Tracts C, D, E, F, G, H, 1, J, L, and M as appropriate was reviewed by the Department of
Community Development Services in conjunction with review and approval of the engineering
plans. The applicant has indicated a commitment to install all required landscaping within
Tract C to establish a neighborhood park; in Tract D to replace trees removed in conjunction
with sewer line installation and to establish open space planting along the pedestrian trail; in
Tract E to establish a neighborhood park with a tot lot; in Tract F to establish open space
planting; in Tract G to restore wetland and wetland buffer areas disturbed in conjunction with
sewer line installation; in Tract H to screen adjacent residences from vehicles passing through
the round-about; in Tract I to establish the pedestrian trail in the wetland buffer; in Tract J to
mitigate for roadway installation adjacent to the wetland buffer; in Tract L to screen residences
from SR 18, and in Tract M to establish open space or provide bonding for those outstanding
landscape items prior to recording of the final plat. The final plat document also depicts Tract
N, which is established to provide for open space landscaping and monument signage for the
subdivision.
B. Street trees in right-of-way landscape planter strips.
Staff Response: This condition has been met. A landscape plan for the right-of-way
landscaping was approved by the Public Works Department in conjunction with review and
approval of the engineering plans. As allowed under FWCC Section 20-135, the applicant has
provided a financial guarantee assuring the completion of these landscaping improvements
within six months of final plat approval.
C. Tree preservation plan.
Staff Response: This condition has been met. A tree preservation plan (in the fonn of a
clearing and grading limits plan) consistent with the preliminary plat approval was approved
by the Department of Community Development Services in conjunction with review and
Staff Report Federal Way File No. OS-103512-00-SU/Doc I.D. 33758
North Lake Ridge Division 4 (AKA Quadrant Residential South) Final Plat Page 4
approval of the engineering plans. The applicant generally complied with the approved
clearing limits during the plat infrastructure construction phase. However, clearing in Tract D
for installation of a sewer line extension exceeded the approved clearing limits and clearing of
the right-of-way and Tract Hfor the roundabout exceeded approved clearing limits. The
applicant submitted a revegetation plan to mitigate disturbed areas of Tracts D, H, and those
portions of right-of-way within the license area. The plan was reviewed and approved, and
mitigation vegetation has been installed in Tracts D and Hand within the right-of-way subject
to City license agreement. Clearing of individual lots was conditionally approved.
D. Visual screening ofthe Quadrant Residential South storm drainage facilities in Tracts A and B
from the adjacent Road A, and from adjacent residential lots with landscaping and fencing.
Cyclone fencing, if used, shall be coated black or green and shall be screened by vegetation.
Staff Response: This condition has been met. A landscape plan for visual screening of Tract A
and B was approved by the Department of Community Development Services in conjunction
with review and approval of the engineering plans. Black, vinyl-coated chain link fence has
been installed around Tracts A and E, and approved vegetation installed.
5. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as
amended by the City of Federal Way for this project, including the following requirements:
A. Roads A and B shall be improved along the frontage of the project as minor collectors,
including 60-foot-wide right-of-way and 36-foot-wide pavement width, curb and gutter, four..;
foot planter strips, and five-foot-wide sidewalks on both sides of the roadway, streetlights, and
street trees.
Staff Response: This condition has been met and bonded. Improvements for Road A, 38'h
Avenue South and Road E, South 337'h Street and 4211d Avenue South have been installed and
the right-of- way will be dedicated on the face of the plat and by statutory warranty deed
recorded with the plat. As allowed under FWCC Section 20-135, the applicant has provided a
financial guarantee assuring the completion of the landscaping improvements, streetlights, and
sidewalk adjacent to the streetlights within six months of final plat approval.
B. Road C shall be improved as a local street, to include a 52-foot-wide right-of-way and 28-foot
pavement width. Vertical curb and gutter, four-foot planter strips, andfive-foot-wide sidewalks
shall be provided on both sides of the street. Streetlights and street trees shall also be provided.
Staff Response: This condition has been met and bonded. Improvements for 39'h Avenue South
and South 335,h Place have been installed and the right-of-way will be dedicated on theface of
the plat and by statutory warranty deed recorded with the plat. As allowed under FWCC
Section 20-135, the applicant has provided a financial guarantee assuring the completion of the
landscaping improvements, streetlights, and sidewalk adjacent to the streetlights within six
months of final plat approval.
C. Road D shaH be improved as a cul-de-sac street with a 50-foot radius. Vertical curb and gutter,
four-foot-wide planter strip, and five-foot-wide sidewalk shall be provided on all sides of the
street. Streetlights and street trees shall also be provided.
Staff Response: This condition has been met and bonded. Improvements for 421ld Court South
have been installed and the right-of-way will be dedicated on theface of the plat and by
statutory warranty deed recorded with the plat. As allowed under FWCC Section 20-135, the
applicant has provided a financial guarantee assuring the completion of the landscaping
improvements, streetlights, and sidewalk adjacent to the streetlights within six months offinal
plat approval.
Staff Report Federal Way File No. 05-1 03512-00-SU/oodo 337S8
North Lake Ridge Division 4 (AKA Quadrant Residential South) Final Plat Page 5
D. Tract K shall be improved to a private access tract standard and shall be limited to serving a
maximum of four lots. The lots that abut these tracts for access shall have undivided ownership
of the tract and be responsible for its maintenance. The maintenance agreement for the private
access tracts shall be included on the plat and the language approved by the City. Improvements
shall include a 36-foot tract width and 20-foot pavement width. Vertical curb and gutter and
five-foot-wide sidewalk without planter strips shall be provided on one side. Tract length shall
be limited to a maximum of 150 feet from face of curb to end of tract, unless a 90-foot diameter
turnaround is provided.
Staff Response: This condition has been met. Tract K serves a maximum of four lots, and is
less than 150 feet in length. Provisions for ownership and maintenance are identified in note 7
on sheet 2 of 7 of the final plat. Pavement, curb, and gutter have been installed.
E. All streets shall have a minimum pavement section of three inches Class B asphalt over six
inches of crushed surfacing to support the traffic loads.
Staff Response: This condition has been met and bonded. The site, base, and first asphalt lift
has been completed on all streets, cul-de-sac, and Tract K. The final asphalt lift is being
delayed to reduce wear and tear due to home construction activity. The applicant has provided
a financial guarantee assuring completion of the final asphalt lift within six months of final plat
approval.
6. Due to eagle nest adjacency, seasonal construction restrictions from February 1 to May 1 and July 1
to July 15 shall be imposed for all clearing, grading, filling, and related construction activities
contained in the amended BEMP as approved by WDFW, and shall be applied to plat construction as
part of engineering review.
Staff Response: This condition has been met. In an emailed correspondence dated February 2, 2005,
the Washington State Department of Fish and Wildlife (WDFW) clarified that as of December 2001,
WDFW timing restrictions for construction activities were voluntary; that the agency had no
objections to clearing and grading activities on the subject site occurring in March 2005; and that
they would prefer the activities to occur after May 1, but would not require it. Construction plans
were previously approved on August 27, 2004, and the applicant conducted clearing, grading, filling,
and construction activities beginning in March 2005. Eagles continue to occupy the adjacent nest.
7. Conditions imposed by the Federal Way Hearing Examiner and the Director of Community
Development Services for wetland and wetland setback area intrusions shall be depicted on
construction drawings and the final plat drawings as appropriate.
Staff Response: This condition has been met. Engineeringplans included wetland and wetland
buffer restoration plans based on conditions imposed by the Federal Way Hearing Examiner and the
Director of Community Development Services. The wetland and wetland buffer plans were reviewed
and approved by the City's wetland consultant. Approved wetland and wetland buffer improvements
were installed, inspected and approved, and monitoring of the improvements has commenced.
8. Prior to final plat approval, open rail fencing and appropriate signage shall be installed to separate
the planned and future parks and pedestrian trails from wetlands and wetland setback areas, and shall
be designed in accordance with BEMP conditions for fencing and signage.
Staffresponse: This condition has been met andfinancially guaranteed. A split railfence has been
installed to separate pedestrian trails from wetland and wetland setback areas. Wetland habitat
signage design was approved with the Engineering plans. The applicant has indicated a commitment
to install the approved signs or provide bondingfor the sign installation prior to recording of the
final plat.
Staff Report Federal Way File No. 05-103512-00-SU/Do<:, 1,0,33158
North Lake Ridge Division 4 (AKA Quadrant Residential South) Final Plat Page 6
_.._____..n._.
9. The final plat shall contain the requirement that 177 replacement trees shall be planted on individual
building lots within the subdivision prior to final inspection of residential building activities on the
individual lot and in conformance with FWCC Section 22-1 568(5)(b).
Staff Response: This condition has been met. Note #19 on page 2 of7 of the final plat states that
tree replacement shall occur in conjunction with construction of homes on each of the individual lots
as required by the conditions of approval. Due to the fact that large replacement trees (three-inch
caliper deciduous trees or ten-foot-tall evergreen trees) are best planted in fall and spring seasons,
the City approved a tree planting schedule that supported plant survival. Locations and type of
replacement trees as well as timingfor installation of the replacement trees identified in the
"Landscape and Tree Replacement Plan" prepared by ESM Consulting Engineers was reviewed and
approved by the City (Exhibit F - Landscape and Tree Replacement Plan).
to. The final plat shall contain the requirement that all future park and pedestrian trail improvements
adjacent to wetland and wetland setback areas shall be designed to follow recommendations of a
wildlife biologist, and shall be submitted to the Department of Community Development Services
forreview.
Staff Response: This condition has been met. Note #20 on sheet 2 of 7 of the final plat application
states that any such improvements shall meet these requirements.
11. The applicant shall provide to the President of the North Lake Improvement Club a copy of the final
'storm drainage plans at least two weeks prior to the City's approval thereof. The Improvement Club
may provide comments within said two week period to the City regarding said plans. However, the
sole authority to approve or disapprove said plans remains that of the City.
Staff Response: This condition has been met. The applicant forwarded a copy of the engineering
plans prepared by ESM Consulting Engineers to the President of the North Lake Improvement Club
on October 6, 2004. No comments were received.
V SEP A CONDITIONS
1. Prior to approval of the final plat, the applicant shall either construct the following impacted
Transportation Improvement Plan (TIP) projects, as required by the Public Works Department; or,
contribute the project's pro-rata share of the construction cost of the TIP projects, as follows:
Federal Way Pro-Rata Share Project Contribution
TIP Project Project Cost (Proiect PM Trips Cost
Location PM Trips)
SR 99 HOV Lanes: $13,200,000 10/3210 x 100 = $5,474,000 x 0.31 % =
A South 3241h Street- Grant funding = $7,826,000
South 340m Street Adjusted project cost = $5,474,000 0.31% $17,000
B South 336th and 34/1756 x 100 = $649,000 x 1.94%
Weyerhaeuser Way: $648,700
Realign intersection 1.94% = $12,600
C South 3361n Street @ 91n $100,000 10/3342 x 100 = $100,000 x 0.30%
A venue South 0.30% = $300
D South 336th Street @ 1$1 $420,000 10/2956 x 100 = $420,000 x 0.34%
Way South 0.34% = $1,400
E South 336lh Street: 18th $1,200,000 23/1236 x 100 = $1,200,000 x 1.86% =
Avenue South to 1-5 1.86% $22,300
TOTAL $53,600
Staff Report Federal Way File No. 05-103512-00-SU/Ooc 10, 33m
North Lake Ridge Division 4 (AKA Quadrant Residential South) Final Plat Page 7
Staff Response: This condition has been met. The applicant paid the City of Federal Way
$53,600.00 in traffic mitigationfees on September 13,2005.
2. Prior to approval of the final plat, the applicant shall either construct the impacted WSDOT Traffic
project or, contribute the subdivision project's pro-rata share of the construction cost of the WSDOT
project, as follows:
Pro-Rata Share Project Contribution
WSDOT Project Project Cost (Proiect PM Trips Cost
Location PM Trips)
F SR 18 westbound off-ramp at $711,000x 1.61%=
Weyerhaeuser Way South: align $711,000 1.6% $11,376
intersection and signalize
WSDOT TOTAL $11,376
Staff Response: This condition has been met. The applicant paid $11,376.00 in traffic mitigation
fees to Washington State Department of Transportation on October 13, 2005, based on the cash
receipt date.
VI DECISIONAL CRITERIA
Pursuant to Section 20-136 of the Federal Way City Code, ifthe City Council finds that the following
criteria have been met, the City Council may approve the final plat for recording:
1. The final plat is in substantial conformance to the preliminary plat.
Staff Response: This criterion has been met, as the conditions of preliminary plat and SEP A
mitigation have been met or financially guaranteed, and the final plat is in substantial conformance
to the preliminary plat.
2. The final plat is in conformity with applicable zoning ordinances or other land use controls.
Staff Response: This criterion has been met and/or financially guaranteed. The plat meets the RS
9.6 zoning standards in effect at the time the application was determined to be complete. The lot
sizes are not less than 50 percent of the underlying minimum lot size of 9,600 as required in the lot
cluster code provisions in effect at the time of complete preliminary plat application. As provided in
FWCC Section 20-135, performance and maintenance bonds are in place for the entire plat and off-
site improvements. In addition, a performance bond is in place for any incomplete items as described
in Sections IV and V above.
3. That all conditions of the Hearing Examiner and/or City Council have been satisfied.
Staff Response: This criterion has been met as noted in the staff comments above. All plat
conditions have been met and/or financially guaranteed to be completed within six months of final
plat approval. All life safety improvements have been completed.
4. That the public use and interest shall be served by the establishment of the subdivision and
dedication by determining if appropriate provisions are made for, but not limited to, the public
Staff Report Federal Way File No. 05-103512~OO-SU/Doc,ID 33758
North Lake Ridge Division 4 (AKA Quadrant Residential South) Final Plat Page 8
health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds,
schools and school grounds and shall consider all other relevant facts, including sidewalks and other
planning features that assure safe walking conditions for students who only walk to and from school.
Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and
subdivision regulations, and ensures the public health, safety, and welfare is protected. The plat
infrastructure has been installed and/or adequately financially guaranteed as discussed above,
including: safe walking routes to school bus stops; open space preservation; drainage system
installation; water system installation; sewer system installation; and street improvements. The City
will continue to evaluate the new roundabout and approaches for traffic calming and safety. The
applicant is willing to install a speed hump at each approach to the roundabout to maximize traffic
calming influences. As provided in Note #21 sheet 2 of7 of the final plat of North lake Ridge #4,
those portions of right-of-way between Tracts Hand M and north of Tract N are subject to a City
license issued to the Northlake Ridge #4 Homeowners Association for irrigation, landscape, and
maintenance purposes. As provided in Note #8 of sheet 2 of7 of the final plat, the applicant further
agrees to dedicate for no charge Tract H to the City at any time and at the discretion of the City, for
future right-of-way purposes.
5. That all required improvements have been made and maintenance bonds or other security for such
improvements have been submitted and accepted.
Staff Response: This criterion has been met. All road and storm drainage improvements for North
Lake,Estates Division 4 have been constructed and/or financially guaranteed. In addition, all water
and sewer lines have been installed and approved by Lakehaven Utility District as identified in the
November 7, 2005, letter of substantial completion from Lakehaven Utility District.
6. That all taxes and assessments owing on the property being subdivided have been paid.
Staff Response: Prior to being recorded,. the plat is reviewed by the King County Department of
Assessments to ensure that all taxes and assessments have been paid.
VII CONCLUSION
Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has
determined that the application for final plat approval for North Lake Estates Division 4 meets all platting
requirements of RCW 58.17.11 0 and Section 20-136 of the Federal Way City Code. Plat infrastructure
improvements have been substantially completed and/or financially secured to guarantee that all plat
conditions and code requirements will be completed within six months of final plat approval as allowed
by FWCC Section 20-135. The project has been developed in conformance with Resolution 03-396,
approving the North Lake Estates Division 4 Preliminary Plat. A recommendation of final plat approval is
therefore being forwarded to the City Council for your approval.
Staff Report Federal Way File No. 05-1035 J 2-00-SU/Doc,lD, 33758
North Lake Ridge Division 4 (AKA Quadrant Residential South) Final Plat Page 9
VIII EXHIBITS
Exhibit A Vicinity Map for North Lake Estates Division 4
Exhibit B 8Y:z x 11 Reduced Copy of North Lake Estates Division 4 Final Plat Map (This exhibit is
not included in all copies of staff report. See Exhibit B of LUTC November 15,2005
Summary Memorandum)
Exhibit C 8Y:z x 11 Reduced Copy of Approved North Lake Estates Division 4 Preliminary Plat
(This exhibit is not included in all copies of staff report. See Exhibit B of LUTC
November 15,2005 Summary Memorandum)
Exhibit D Resolution 03~396, City of Federal Way Preliminary Plat Approval of North Lake Estates
Division 4 (with Hearing Examiner Preliminary Plat Approval Recommendation) (This
exhibit is not included in all copies of staff report. See Exhibit B of LUTC November 15,
2005 Summary Memorandum)
Exhibit E Final Plat Resolution of the City of Federal Way, Washington, Approving the North Lake
Estates Division 4 Final Plat
Exhibit F 8Yz x 11 Reduced Copy of Approved Landscape and Tree Replacement Plan (This exhibit
is not included in all copies of staff report. See Exhibit B of LUTC November 15, 2005
Summary Memorandum)
Staff Report Federal Way File No. 05-] 03512-00-SU/Doc, 10, 33758
North Lake Ridge Divis.ion 4 (AKA Quadrant Residential South) Final Plat Page 10
VICINITY MAP
N
W*E NORTHLAKE RIDGE, DIVISION 4
s
File No.: 98-104304-00-5E EXHIBITL
PAGE---L.OF --L
0 1000 2000 Feet
~,--- ,--- ""~ . uu__,_, 'j
NORTHLAKE RIDGE DIVISION 4 VOL. PG.
A PORTION OF SECTIONS 15 AND 22, T. 21 N., R. 4 E., W.M.
DEDICATION CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON
I(NOW Al..1.. ~e:oPt,,( B'Y THESE ~~(5ENrs THAT WE nl(" uNDERSIGNED OWNl;:R:!;i OF INTEREST IN 'THe; l,.AND HE~[iJV LEGAL oeSCRIPTIONS
SlJSOMOED, Ht~[BY OE:CLARE 'tHIS Pl.AT TO BE Tl-iE CrtAPl1lC REPRE5c.N'l'ATIOr.l Of THE SUSOIVl'SION MADE HErttEtf, PARCEl A
~Nb 1)0 ME~E6't' O.;.D1!:;AT[ TO THE Cll'f FOR '!11[ usE OF' 'l'HE: PUBLIC FORevER AI"I. STRE:El'S ~ND Avl;;NUES NOY
SI-:OWN A~ ~IV.A.T[ ,,!!::~e:ON t,Nl) OEDIC,,!e 't'HE :.JS~ n,,!z~[Qr ~M AI..I. PU8UC PURIi'QsES NOT INCONSISTENi wITH TkAT PORT.QN o~ GOvE:Fl:NI.4r;:NT LOT 4.. SECTION I~. TOWNSHIP 2\ NORTH. Fl:ANGE 4 t;AST, WlUAt.iETTE f,lr.fMI~. :N
T,.j~ U5E ~H[Fl:E"Of fOR PUBLIC HIGHWAY ii'URPoSES. AND AL..50 THE Fl:IGHT TO ~KE ALL NeCESSARY SLoPES F'OR. KING COUNlY. wASHINGTON. DESC~IBE:O AS FOLl.OWS:
CUTS ,&.NO i'1I.LS UPON Tl'le; LOTS ANt: ;'RACTS S,",OwN HEREON IN ,HE ORIGIIII"L ~EASt")NAElL[ GRADING OF SAID
5,R1;;1;;T$ AND lo,VENUES, AND F1JF!THE~ OE:OICATE TO TloIE v$t OF THE PUBLIC All. THI;: EASEMENtS ANti TRACTS COIl4MENCtNG AT THE; sour~ QuARTER CORNER Of SAIO SECTION;
SHOW"! ON Tt-l1'S pl,.AT ~OR "'Ll. PUBI.IC PuRPOSES AS INOICATI;:D HE~EC!Il. 1:>.Il;l,uOINC ~tJT NOT lIMlf"-!;! TO F""~I<S.
OPEN sP,",CE. UTILITIES AND JA:AIN.A.<;>E; UNLESS 5UCH EASEMENTS OR rA:ACTS .aRE SF'EGIFICAU..Y :OE;NTlfIED ON THI$ n~ENCE SOUTH 89'O~' wEST ALONC THE SOUTH LINE Of SAID SECTION, 1Jo ~EET TO THE TRUE POINT OF' BEGINNIN{3;
li'!..Af AS I;lEING OEDlCATt;;O OR CONVEYEO TO A PEPSON OR :i:NTII"t' OTHER TIoIAf'I 1'HE pual.,.lC, fN ~ICH CASE WE
00 HERESY DEDICAtE: AND CONVEY SuCH STREETS. EASEMEN'TS, OR TRACTS TO THE PERSON OR EN'TITY IOENTIflED TI1E:NCE NORTH 00"57' WE:ST 490,.20 FEET;
AND fOR THE PURPOSE STATEO.
THENCE NoATH 59'52' WEST 590.00 FEEl;
I"'I;RTH~R, THE UNOii:~:SICNe:D OWNERS OF" 'il-1E LAND 5ueOlvll~1O:0 HEREBY ytA~ F'OR Tltf:MSELVES, THE;I,I:I I'lEIRS ANO
ASSIGNS ANO ANY PERSON Oil: ENTIlY DERMNG tiTLE fRO'" THE UNDE.,I:ISIGNEO, AN.,. .4.NO .All CLAIMS fOR DAMAGES THE;NCE SOUlH QO'~7' EAST 500.g@ fE:ET, MORE o~ LESS, TO THE SECTIOIII UNl:::
Al;A1NST THE CI"iY o~ rWER.a.l WaY, ITS SuCCESSOI'?S ANO ASSIL;N'S WI-4ICIoI ~II.Y e~ OCCASIONED BY THe OE:SlGN,
EST....BLlSHt.AEN1. CCNSTRUCTIOlll, OF>EIU.T!ON, FAILURE 1'0 OPERATE. OR MAINT(N-"NCE Of ROADS ANO/Oll: ORAlNAGE THe:NC~ ALONC THE SECT10!ll LINE:, NomH 89"05' ~ST 590.00 FEU TO THE T~UE POINT OF' atCINNINC;
SYSTEMS, Al..,T1::RATIONS OF ,H~ CROuND 5URF.&.I;l;;, V[CH,o,TION, DRAINAGE: OR gu~F"ACE OR 5Uesu~fACE WATER
~lOWS WITHIN nilS suaOMSION M WITHIN AtN O~NACE 0,1:1 OE:":"E"NTlON FACIU'TIES OI;;SICNE:D TO il'ECEM OR (ALSO eEtN(;; KNOWN AS A fi'ORTION or l,l:lACT 117. NORTH I.}J(E SHaRE I"ANDS, ,t..GCOROING 'TO fH( UNRECORDED
ACTWAlLl' RECE!VINQ L}RAINAGE <'ROM THE" SUBDIIIISION$ ANO TI'1E CITY OF FEOe.RAI. WAY'S REIIIEW ANO APPROIIA.l... ~I.AT 11-!E:REOF);
Qf Pl...&NS .&.NO PER~IT5 F'QR SAME OTHER THAN CI.AIt.tS RESULTING FROM INADEOUJl,TE /.4AlNTENANCE: BY THE CIT"I'
oF' F'1;;~ERAl Wfl.Y. TOG[TH~fl WITH THAT PORTION OF Govf.~N"ENT lOT 4, SECTION ,~, TOWNSHIP 21 NORTH, RANGE 4 I::I'oST,
WII.I"AM8TE l.IERIOl..,N. IN I<ING COUNTY. W.ASHINGTON, OESC~I;EO AS FOI..lOWS:
F\,JRTHF;I;1, THE uNDERSIGNED OWf'lERS OF" THE LAND SuBDlvlDEO HEREBY '&'c~eE FOR THEMSELVES. THEiR I-iEIRS
.tl.NO AS$IC;N$ TO INOl!j.lNIF't', HOLD HIo.F1t.!lE:S5 ANI:) DEFEND TIoIE CITY OF" FEOER..l WA.Y, ITS $uC:C[SSORS ANO t..OMIltENC1NG AT THE SOUTH Ql,:ARTER CORNER OF" SAlO SEC.TlON;
ASSIGNS, FROM ANO ACAINST "NY DAMAGE, INClUOING ANY coSiS OF" OEfENSE. CLAIt.!EO 9"t' Pf;RSONS i'liTI"lll'l OR
WITHOUT TI1E SUBDIVISIONS TO HAVE sEEN CAuSED BY fHE OtS,ICN. ESTABU5H.,.!::NT, CONSTRlJCTION. O~~RAflON, THENCE ~~H 00"7' wEST ,}{J FEET;
FAll.URE TO OPE,I:IATE, OR j.lAINTENANCE Of ~OAD5. ANO/OR ORAIN.-oE sY'STEM, Al,.TERATlCIII'S of" T11E CROUND
Sll~rACE:, vECE'TATION, DRAINAGE. OR SlJRfACE OR SU9SuRF"IICE WATE~ FLOWS wrrl-itN TI1E SuBDMSIOIIIS OR W\fl-lIN TH1::NCE SOUTIoi 89"05' wEsT '.~S 1.85 rEET;
-'*1'1' DAAI!IIAGE: OR DET!:NflON F,l.Cll.1TIES iJESIGNEO TO RECEIVE OR ACTUAlI..Y RECEIVlNG O~"'NAGE fROM THE
SUBDMS,ONS AND iHl! Cll"'i" OF" fEDERAl WAY'S ~E:VIEW .6).10 fl.j:I~,I:IOVAI.,. Qf Pl.A"4S II.NO ~ERM1TS FOR 5,At,Al!. Tl-!(NCE ~il:T1-I 2e'08' EAST ~40.6B fEET;
~~0V10e;O, THIS "N/'o1.vErt AND INDEt.ANlf1C,4,1'ION Sl-l"'I".L IIlOT BE CONSTqU~D AS RELrASING THE CITY OF I"'EOERAL wAY,
ITS SUCCESSOR'S O~ .asSIGNS, fRO~ lIMILIT"t' fOR OA~GEs. INCI..UOING T~E COST OF OEFl:NSE, RESULTING FROM TrtENcE SOUTH 89"S.2' E;AST J77.06 fEET TO THE TRlJf. POINT of !:IEGINNING;
A~i;I TO THE: Ex:TENT OF" T~E SOU: NECl..ICE;NCE of' THE CIlY OF" fEDER,A,l WAY, ITS SUCCESSO~S. O~ ASSIGNS.
f!-lEI'ICe: NORTH DO'"oa' EAST 2.20 FEET;
TI-'I'5 sueOlVlSIQN, DEDICAflON. R'~l.E.ol.S~, !~D(MNIFICATION Of l;:LAlMS AND ACRf;E;MENT TO t-!tJLD HARMLESS IS tJ,AlJ(
wm~ 1Hr ~RE[ CO~SENi AH~ IN /lCCOI"[),fI.NCE WI"'~ THE DESIRES O~ :SAID OWNE:'"1S. TI'-IF.:NCE: SOvTl-l 59'.52' EAST JJO FEET;
IN WITNESS WHEREOF, w~ HAVE I-olE'"1E.UNTO SET OUR ~ANDS, THENCE SCiJTH Z!l"S@I' EAST 251.4-7 FEET,
TI-/E/-JCE !>IORTH 89"52' WrST 451.8J FE~ TO 'THE TRUE: "'OiNT OF el;GINNING;
rHCQVAD~ANT COi'PORATION, -- wiY'i~I.JSf.R REAL ESTAi'i COMFJANY, EXC~PT THE NOIHI-! 10 FUT THF:REDf'
_ WASHINGTON CORPOR.A.TION A W,A,S~INGTON I;O,Q'PCR...1l0N '
8Y 8Y . (ALSO BEING KNOWN AS A F>O~l'ION OF" TRACTS 89, 90, III ~NO 92, NORTH LAKE SHeRt LANDS. .Al;;i::CRDING TO THE
__ . .,- l)NRf.~OROE:O PlAt TIoiEi:!E.OF'. EXCEPT THE "IORTH 10 n:e:T THERE'O.).
.qI TIn..E : ~,~ _~..~ TITI.E: : PARCEL B
THAt PORTION Of THE NORTIoiu.st ou~l'Ell: OF TI-IE ~THW[ST au.6RTE~ OF S[CTION 22. TOWNSHIP 21 NO~TI-/,
ACKNOWL.EDGMENTS ~:~N .org~i;~~fREE ~~:'~N'N~Nt,4:JRG 2:~N~T~~;~~~To; ~~[NO~ ~g~~~~~;~~ror W~~I~g,.~T:WESTERlY
ST_TE. OF wASHINGTON ) ~ECORDEO UNDER RECOROING NUMQ(QS ~74g!il80 "NO 66'i41;i15O.
CCUNi'l' OF" !(INC ~ ss PARCE:l C
ON THIS DAY OF , ZOO~, el;FORE ME. THE \,.INOI;R$IGIIIED NOT-"R'f "Vf;:!I,.IC IN AND FOR -:-HAT PORTION CF" GOVERNMENT lOT 4, SI:CTIOf\l 1~, TOWJ04SHIP 21 NO~tH, RANGE 4 EAST. WILL..AI.IErrE IoI(Ru::lIAN, IN
THE ST,A.T"fCi'f" WASHINGTON, ;;'ERSONAl.LY ~FJPEARED TO ME ~NOWN ,0 e:~ <ING COUN'I"l'. WASHINCTON, OESCRleEO ..s FOLLOWS:
~C~T~~...~HNET 19"'~~AN~EC;=~~R~~Nvcitu,A.Jri:$C~fDA,I'IT;(ol~;E;g?~I~N~6~~~~~~io~N~OR THE CO~M[NCING AT TI'1~ ~RTr-IEAST CORNER OF' OOvERNMENT LOT J o~' SAID SECTION;
usES AND PURPOSES i'Ht~l;IN MENTIONED ANO ON O"'Tl-I STaTED tHAT WAS AlJTHOf;lIZED TO E)(ECuT~
SAID INS~U~E:NT. ~ THENCE SOUTI-! 81:1".52' wEST Al..ONC l)oIE NO~TH LINE OF SAlO COVERNMENT LOT .3, 9:9:0 FE:E:T:
IN WITNESS WHe:~EOF, I MVE HElirUNTO SI;;T MY ~IAND AND AFFixED MY OFF1CJJl,l s.~ THE GAY ANQ YlAA: FIRST TioiENCf. SOUTH OO'S7' ~T PIo.RALLLl TO TI-!E EAST l.JNE Of SAID Ga\IE~N~ENT lOTS, 1 ,i376 ff;~T TO THE HWe
A8cvE wRITTEN. 1"'0lNf OF E1tCINNlNC;
n'IEf>lCE NORTH 89'~1' w~~T 118 FEET. ~ORE OR I.,.ESS, rc THE SOUTHEASTERl.Y !.!ARl;>IN Of Ii'!E COUNTY ROAD AS
~~~~:wf~~,lI~E~~O!~O A~OFi, THE STATF; OF" ~~E~~; I(Il'lG COUNlY BY CE;;D RECORDED UNDER ~ECOROINC, NlJMBER 25964.a.3. I(NOWN AS 1i!0Y 9. MIsiNE;~
TITLE ;
t.4Y COI.1MISSiCN EXPIRe:=s: : ~'.'~ Tlol!::NCE NO!UHEA,!;r'E"~I.,.Y ALONG 5.AIO SOujH[ASTEl;ll.Y MARGIN TO A POINT n,/CfIA WHICH THE TRUE j:lClNT OF
BEGINI'II"IC aEARS SOUTH 0057' EAS1;
Tl-lENCE 5OUn.l w!" ~T 120 ITET, t.!OI<E OR le:~S. '0 THE: TRUE POINT Of" BE(.INNINC,:
(ALSO 9E:IIIIG KNOWN AS Ti'l..,T F'O~ON Of TRACTS JIi AND J7. NORfH L..PJ(t SHORE: l,..A/IIos., .A,CCOROING TO l~lI::
uNRECORotD FILAr iHEF,/[Or. LYING SOUTHE,A,STERl'l' OF' THE COUNT"t' ROAO);
STATE OF WASHINCTON , $S !::)(Ce:~T T~E SOUTH 10 FEET ANO L'HE: ~ST 10 FEET THE'l'EOF;
COUNTY of' KINe l ALSO EXCI:.PT THAT PCRTtON THE~EOF" CONVEYEO TO "jEAN M. DIoRIETTI AND WILllAt,A O. self, wIF'"[ AND fJUSSAND, BY
0111 THIS ~ i;JAY QF ~~, 2005, 81:J'O~E M[, THE UI\IDE.RSIGNEO NOTARY PUBLIC IN AND .OR QUIT CLAIU OE(O RECORDED iJNOE.R ~E:CO~OINC Nul.teER ,20051 iO~0019M.
T~E STp,TE Fo WASHINGTO~~ \"'~:i7JS::P~CD(~P.N'" THAT \i:xECuH:O TI-IT~ F~~f~~~:CN 1~~T:0tJENT. PARCE::i,. D
;~g ~~N3;ELio~g iC:?pQ~~~~~~~~I:O~~~!~~t~ED ~ ~i~N;t~O~TT~A;NO ottO Of ~D A~~~~~~~O~O INT(NT!ON~lY DE:LErED,
E'JC~ClJtE SAIO INSTFilUk04ElIIT. F'ARCEL E
1111 WITNESS ~ER[Qf. I HAvE HEREUNTO SET t.4'1' HAND AND AffiXED M'( OF'F"ICIAl. SEAL THE DAY AND YEAR FIRST
"SOVE w~rrrI:N, THE SOUTl-I HALF' OF' l'HE E"AST 730 fEET Of GOIle::RNUEN1 LOT ., SECTION 1~, tOWNSHIP i I NOrtTH, A:ANGE . EAST.
WILlAUETTE MERI('JIAN, IN KING COUNTY, WAsHII'ICTON;
:>4OTARY PuSLJC IN AND fOR THE ST~TE OF EXCEPT THE SOUfH .30 F'E:[T ~ERE:Of FOR ROAD C1URP~I;:$;
wASHINGTON, "1ESIDINC AT .
TIn..E ; ~..~~ AND EXCEPT THE" EAST 30 f"EET ,HEREor F'o~ ROAD PliRPOSES;
MY COMMISSION EXF'IRES ;
(Al:>O S'E::ING KNOWN AS TRACT 116, NORTH LAl(E: slo4ol1:E LANOS. ACCORDING TO T~~ UNRECORDED FLAt i'HERE:OF),
PARCEL ,
TH[ SOUTH 30 FEET Of" 1H( EAST 7JO FEET OF GOvERNMENt LOT 4, SECTION 15 TOWNSHIP 21 NORtH RANGE: 4
RESTRICTIONS FOA 5ENSITlVe AREA TRACTS WT, wll,.l.J.l.iETTE: M~RIOI..to,N. IN ;,cINe COUNT"t', WASI-lINGTON; , ,
Oe-OICATION OF" ... SEN"SITrIIf A~tA T~ACT/SEN5ItlVe: AAtA A/IIO BllFfER COIllVtl'S rc notE PUBLIC A aEN~F"ICtAL EXCEPT T'"I[ LAS'" JO F't[T THEREOF".
INTEREST IN THE LANO WlTI'IIN T~E; TRACi/SEN'SITIVE ARE'" AND aUrrt::~, THIS INTERESi INCLUOES T~E: PRESERVATION
OF N.A,TNE: VEGETAnON FOR ALL PURPOSES 'tHAT BE:NEFIT TloIE ~U6UC HtAl,..TH, s,6,FE:TV, ANO wE:LFARE, IIIICLUOIN'C, PARCEL G
CO!ll1ROL oF' SIJ,I:IF"ACE; W,a,TEIi': AND r,ROSION, ~"INT[NANCE: OF' SLOPE: ST.6.BIUTY, AND PROTE"CTlON o~ PLANT M10
ANlt,AAl HABIT.A,T. THE SEN'SliM: AREA TRACT/SENSITIVE ~~ AND BUFfER IMPOSE UPON "'-l PREseNT AND fUTURE lHE: [AST 30 FEET OF THE SoutH "iAl,F OF T~[ EAST no fEEl' OF' COvtRNMr;:Nl' LOT 4, SECT-ION 15, TOWNSHIP 21
~~~~:~EA~l~ ~~c~~:& 061' T;I1EE ~0~ubS~E:~TE Tgl~H~f ~~~~~N:~~ T~~~:DU~~;~E~1i;EAl~B~I~~~O~NO NOR:TH, ~ANCE ... EAST, W1\.I.Ah4EITE ~ER1DIAN, IN KINe COlJNTY, \o't".-sHINGTON.
OTHER vECETATION IJIITI-II'" THE T~ACT/SENSlTNE "REA AI'IO elJ~F"ER.. THE VEGti'ATlON wiTHIN T\oIE t~AC'/SENSITIVE
AREA AND BUff't.~ UAY NOT E1E: CUT. PRUNEO, CMRE"O B'f FilL. Rt:t.!ovED C~ DAMP-GE:O WITHOuT APPROVAl IN
WIi'ITlNC F'~OM THE CI-rt' OF" FEDERAl WAY Df:PARTMENT OF COMIv4I,J!l:IN DEVELOPMENT SCrMCES Oil ITS 5U~Ci::'S:SOR
AGENCY.
1'I-lE C.OMMON BCUNDAR"l' BE:1'WEEN THE TRACT/SENSIT!Vt A~EA MID BUFI'"ER ANO fHE ARE.A. OF" OEvELOPMENT ACTIVITY
MlJST BE MARKED o~ OTHERWISE: fLAGGEO 1"0 THE SATISFACTION OF THE: CIT't' Of I"'EDERAL WAY PRIOR TO ANY
:::l,.E:AR!NC, CRlo,DING, BUII..DINC C:O/IISTRUCTION OR O'1'HE:~ OEVElOPMENT ACTMiY 0111 A lOT SUB-.lECT TO TI-I[
SENSITIVE AREA TRAt;l'/StNSITlvE: ~REA ANO euF'F'~R. T"1E: REQUIREQ MA.ltKING OR Fl.Jl.GG,:NC SHALL RE~A.IN IN PI-ACIO
;JNTll All CEVEI.OP~tNT PROF'OSAl ACTM~II;S IN TI-fE VICll'lttT'l' OF THI;; SENSITtl,'E AF!EA .tJl1!: COMPlETED.
~~~ITIVE AI;!EA T~T$ SHa,LL NOT BE CE\lEI.OPED WITl-l ANY BUllOINGS. AND ~AY NOT ae: l.ism FOR .INANCIAl. RESUBMIlTED a
..
DEe 1 2 2005 ":0
Cl
CITY OF FEDERAL WAY .
REcoRDING CERTIFICATE CITY FILE NOBtHLQ~1QE8cr.:.su
FILED FQR REC0'"10 AT fHE ~E:QlrEST O. TPlE t;ITY oF' FmE:R,.to,L Wil.V THIS- uAY O~
~ 2005 A.D.. AT ~IIAINUTF;S PIo.ST _ .101. ANO RECORDED IN
VOlUIvIE:~OF PLATS, PAGES , RECO~DS OF !CINe COUNTY, WASHINCTON. ~
DIVlS!ON Of RECOROS ANO [LECT!~-' ~ CON S U L TIN G E N GIN E E iii B L l C
MANM;;!::,I:I SlJPE~lm-~OENT OF" ~EC.OROS I IS I ~ I 'it I
RECORDING NO 33Q16 1e' W.'11 South. SUtIII 200 ~ ~
,....... Way. W~ ~ Pro" ~
(2$3) 838-8113 ~ WII:II'Ic4
lM<l _
DATE 1:-08-05 J08 ~o. HIl Q"9-00J~0200
o~~. _~A~.~ ...!.?..!.\~~\9.~.~~!:l~!~\t::l.~~,c:."':.::-!~.:-.9.1..:E....~ DRAWN BY. B,R.5./C..A.F'_ SHe;:ET Of 7
EXHIBIT '&
PAGE..LOF:E
NORTHLAKE RIDGE DIVISION 4 VOL. PG.
A PORTION OF SECTIONS 15 AND 22. T. 21 N., R. 4 E., W.M.
CITY OF FEDERAL WAY, KING COUNTY. WASHINGTON
NOTES eXCEPTION FFIOM TITLE REPORT
I) THE aOuNDAR'Y F"QR THIS ?LAT WAS :!:STABLlSf'lED BY THAT RECORO OF SU~I,'t::'t' 8Y ESM, INC. ~tCo~OtD l,I~Oe:f;I
~~COFilDINC NO. 910!l229011. SEL SJ-IEET 3 F"OR AOOIT'ONAL INfORMATION. L.t:CAL DESCRIF'TION:S. EA5EMENTS. COVENANT~. CON01"ilONS ANO ~E:srRICTIONS AS SHOWN HEREON Io.RE: fROM CHICAGO
~) THE ARTICLES Of INCORPO~AMN FOR THE NCiHHI.AK~ RIDGE DIVlSION 4 HOMWWNERS ASSOCIAT:ON ARE: ON riLE TITLE I"'SUFlANCE COuP/I."-i,,{ POlAT CI;;RTlFICATI;: NO. 415BC90 D.a.T[O ...P'J;tIL 2!i1. 2004 ANt! s.UPP\.E"~l;NTAI. CQ!.4kAl'-l.li::NT OATEO
"UNE 1~. :200:li. IN PREPARINC THIS PI,.AT, l:S~ "'AS NOT CONDUCTED AN INDtpEM)E.'NT flTI"t SF;ARCI't NOR IS ESM ""WARE
WITH THE STATE: OF WASHINCl'O"l IN OlYMPIA o~ ANY TITI....E ISSuES .ll.FF~CTING TioiE PI;10li'ERTY OTHE~ THAi'll THOSE: SHOWN ON TIoIIS MAP. ESM HAS RElIED SOLELY
J) T~ACTS A ANO eARl;; DEDICATED AND CONVEYED to "(HE: CITY Of ;;I;;O~RAL WAY UPON tHE: F?ECOROINC OF ,1115 PLAT UPON TI-IE INfORJM.TjON CONTAINEO IN SAID C(RTIF"lCATE" IN REGARDS ro TITLE IssuEs fO Ii'F?E~~f THIS PI,.AT AND
fOR STORM OAAlt>lACE P!J~POSES. -:-I"l[ CITY SHALL BE RESPONSIBLE FO~ THE tJAINTENANCE Of SAIO '!~ACTS AND THI:: TJ-!EREF'oRt QUALIFIES THE M~'S ACCURACY' ANO COMPLE'TtNESS iO THAT DT(NT,
MAlNTEN..'."lCE, ~EPA.IR: "NO REPlACD.tENT OF" IMPRCVE;MENTS CONtAlNEO ~H(~E\N (J(C(P1 Tl-iA.'i 'I\SUM. SC~t'E.NlNt I) SUBJECT TO Tt1AT [,I\,SEMENT FOR WATER F,l.t:IUTII;:S MoNO ,,"E: T!::R~S AND CONOITIONS THEREOF .~s C;ONfAlNt;:D IN
'.i~(.~r.ll.nON IN 1RACTS A AND S 5KALL SE MAINTAIN~i) 8Y TI-1E NDRfl-iLAKE RIDGE. C;NISION 4 ~OMf;:OWNER5 ASSOCIATION, INSTRUMENT RECORDED UNDER RECoMt"lG NO. Sl0110716-40. THE LOCA.TlON or SAID EASEue:,..T 1$ OEPICTED I-lE;REIN.
~~oJRt.;J\~co~o~~ SF A.fJis D~El~A~~DR A:fc"~~;6E;7gpt~ ~~;c~O:0~~€E$~IOG~g"'1~~~c~ n~2t.1~8~(~1: ~SOCIATION 2} $.ueue::C.'t" TO AN uN!:ll;C:O~Dm EASE:MENT FOR WATER LINE A~F"EcTINC THE SOlJTH :!D FEET O. PARCEL A, ANO THe:
RE:SPONSIBI,.E FOR TH~ MAINITN.ANCE OF" SAID TRACTS ,Q.N!;I THE MAINIENANCE, RE:PAI~ AND REP!.ACE~ENT OF SOl,lfH JO n:cr 0' Cl'AiIl:!::E:l...S ,. "'NO G, DISCLOSED 6'1' I,NFORMATLQN pAOVlom TO C!'1ICAGO TITLE INSVRANCE COMPAN'T'.
~k.':3~Mf~;t5~0T1~~?D N T~~E~ON~il~rEfT~~~uO:l:T r~~E A~~~~S~i~~E6t.4~~bt~i~~~. FO~ PASSIVE USES SUCH AS ~) SUe,JI;:CT TO I;:ASE"MF;NT RIGHTS, IF .ol,NY, AS TO pMCE:t. 0, PRESv~E;D FROM T~E DEUNEATION OF SOU'rH J44TH
S) H~ACTS C, !;; b.ND f ARE OEOICA1m .aNO CONv('YED TO THE: NORT~L/IJ(E RIDGE DIVISION 4 HQME:OWNERS ASSOCIATION STREET ON THE fACE OF NORTI-\ LME SHO~( LANOS. ACCORDI~ TO THE uNfl:rCMoe:O PLAT il-IEAEOF', ANO ON THE KING
~~~N 1.4~~~~~~~~o~p ~o T~~~~~:gRTHPt~.4Kt~iE;~N~;c~E:~XI~P~~tS'Rft&~~~IAdf~M~~~MBE~'r~E~~~~\~~ fOR COUNTY ASSESSOR'S MAP.
<4) 5uBJECl TO T"AT EASEt.1ENT FOR STOR~ Io.ND SURF-.CE WATER ANO THE: TERMS AND CONDITIONS TH~R~OF IoS
THEFUJN. P-"RK/OPEN SP,/I,CE Sl-IAlL AlLOW IMP~OVE"ME"NTS FOR ~Tf\/'E: OPEN SPAcE uS~S $\,I!::H AS Pl..i.Y EOUIPI,4ENf AIIIO CONf....NE:O IN INSTR\,l~ENT ~E:CORDEO uNDER RECORDlNG NO, 200J1112001281. THE LOCAnON OF SAID EASEMENT IS
PICNIC TABl.ES. Ot::PICTE:O HEREIN.
e~J~tS R~cdR~NNDG JorAfHlgE~~YE?o;N8o~~r~e::T~~ T~p~E s~~~H~J~~~~~ o~~~ t ~o~~gWJN~~r~TJCCIATION ~) SUaJECT TO THAT EASEt,4E"'~ rOF!: r(uPORARY SEWER flo.ClLlTIES ~N"D TH,: lE~MS ANO CONOITIONS THEREOF AS
wETLANDS ANO WEHAND ~UffERS. SAID ASSOCIATION S~Al.L BE "ESPONSI!3U fOR THE ~AI"ITEJ'lANCE OF TRACTS G, I, CONTAlNe:O IN INSTRuuENT ~l;."COROr:;D UNDE:!:I RECORDING NO. 200404120001547. 'THe; I,.OCA,TION Of SAID EASE:MENT IS
.aND J "NO tl-\t. "-lAINfENANCE. R(PAIR AND REPLACEMENt or IMf'~OVE:II'I[NTS CONTAINF;O THEREIN. OEPICTED HE~EIN.
7) A JOINT AND INDIVlSIat..E OWNEfiSHIP IN TRACT t< IS DEDICATED ""10 cONVEyED TO THe; OWNERS OF LOTS 28, 29. 6} SUBJECT TO RE:Se:RVa,'(IONS OF All CCAI.. 011.. CAS AND lAINERA!,. RIGHTS, AND RIGHT'S 10 EX~LO~E ~~ THE $AMe; AS
,'.NO JO \,IPON THE RECORDI"lG of fHIS !:'lAT F"M JOINT l,I'SE ORIV(WAY ANO u11UtlES ~u~PO$E'S. SAIC LOTS SHAlL Be: CONTAlNEC IN' INS1~uuENT Fl:ECOROr;;O uNOER RE;c.ORDING NO. 2179822.
RESPON51BLE FOR niE w.INTENANCE OF SAlO 'J'RACt A.fIIO THe: MAINTf;NANC[, REP,to,IR AND ~Epl.AcEMr:NT Of IMPROvEMENTS
caNTAINEO THE~EIIIl, 7) SUeue:CT TO RESEINATlONS Of'" ALL COAL. OIL GAS boNO MINERAl RICHTS, ANO R\GI-1TS TO EXPLORE FOR THE SAME f>S
~~oJ~~S Rrc~~gIN~ "bf T~~gIC:~p r~RO ~~g~~ 1~F~1~ ~~~r:o~~~, RIgz5 ~S$~g~TI~NH~~~~~1~r)R~~g~~~~~t COt.lT!.lIllED 1"1 (t-lSTFlUt.iENT RECORO€:O uNoE~ ~(CORDINC ,.0. 9!O521 03.33.
a) SUBJECT TO REUNaUISM~E"IT OF ACCESS TO 5TA\'E HI(';.HWAY l\IuMP,lE:R .2 AND OF LIGHT, viEW Io.NO )'IR BY DEED TO
ro~ TI'IE MAINTENANCE Of SAID TRACTS, SAlO TR,&.CT l't SHALl,., -.T AN'!' TIME, ANO AT THE RE"QlJf;ST Of THE CITY Of TI1E STATE OF W,t,SHINGYON AS CONTAlNE:O IN 'NSTRUt.4~NT R:ECORDED UNDER RECO~DING NO, 4149s:M.
FEOE"RAl.. WAY, ITS succEssoRS AND ASSIGNS, BE DEDICATED TO THE CITY. ITS $I,lCCi:SSOfl:S OR ASSIGNS. FOR NO
MQNtTArl't' OR OTHER CONSIDERATION, 9) SUBJECT TO RELlNOUISHMEN1 OF' ACcESS TO STAn:; HICHWA't' NuMaER 2 AND Of UGHT, VIEW AND AI~ SY Oe:e:O TO
.) OPEN SPACE: TRACTS $t1A1,l, NOT SE i'1JR1'HER SuBDIVIOED, MAY NOT BE DEVELOPED .....ffH ANY BUILOING OR OTHER TH!;;. STATE OF" WA$HINCTON AS CONT-"IN[Q IN INSTRUMENT RECOIiDED UI'lOEIi: ~(CO~OINC. 1110, &~niS~O,
STRUC'l'URE:S t)lCEPT AS MAY BE APPROVEC> BY tHE: ell'1' F"OR RECREIo.TIONAl PURPOSES OtolLY F'O~ THE 8ENEFlT OF THE 10) SUBJECT TO THAT AGREt.uE:Nf ae:rwe:e:N wrr-~R!-W:uSER REAL ESTATE COMIi'ANY AND THE CITY OF FEDERAL WAY ANO
,,"O~EOWNE~S, .6.NO MAY NOT E1E USED fOR flNANClAL CAIN, REMOVAL OR D;ISTliRBANCE 0"" ''''E:C~ATION AND LANDSCAPING
WIT!'IIN THE ,I1ACTS. ExC!:':PT A$ NECESSAR"t' fOR MAINTENA.NCE: Of:! Ff[PlACEIA!NT OF EXISTING PlA/IIilNCS AND AS THf: TERuS AND CONOITIONS THI;:RE"OF" AS CON,,4,INE;D IN :NS~UIoiENT RECQROe:O UNOE:~ RECO~O:N/J NO. 19990Sl0S001 e,u.
APPROVEO ay THE CITY IS pROHlelTEO. AOOITlONAl,. VEGETATION l,V.Y aE. LOCATED IN OPE;N SPIo.CE TRACTS ro MEn I I> SUBJEcT fO fHAt NotiCE v~ .aDDITIONAl TAP OR eONNE:CT10N I3HARGES 8'1' KING COUNly WA.lER ::;IISTflIC'T NO. 124
CONDITIONS AS .&.PPROVED B'l' THE CllY or: F'[O[RAl WAY.
AS CONTAlNm IN INSTRUW~NT RIO.I;ORDf;D UNIJ~A RE:C;OROING 1110. 810601C916.
;0) tHE ACAO ANO STORM DRAINAGE SYSiE,M SHAll !3E: CONSTRuCTED ACCO~DINC TO tH't APPROvEi) ENGINEERING
PLANS PERI,.;I"f NO, 04-'0(le.l$-OO-~N ON FlLE WITH tHE elf'( OF FEDERJo.1. WAY. Io.NY DEVIATION n~OM THE APPROVED 12) SUBJECT TO THE RIGI-lTS 01' TIo1E PU8L1C. IF' ~NY. TO AN E:ASTERlY PORTION OF P.&.RCEl. B. Io.S DEUNEATED ON TIol~
PlANS WILl.,. REOut~E APP~OVAl FRO~ TI-l~ PROPER Jo.GE':NCY. KING COUNIY As.sESSO~'S MAP. $AID ST~rP IS NOT IOENTIFIEO AS TO PURPOSE OR wlDtrl ON 'tHE AS,SE.'SsM'S MAP,
~~GIN~E~IN~Rf~;R~gM~T~6~DO:: 1 tiog?~~:J60_NI::NOfO~t;IIt~~f~ ~7tf o~Er:~R.rfO w:;.CO~~W[1}~R~~~ ~~f'~~ tHE I.ECAI. OESCIl:IPTION !::ONTAINI::O ON TJot[ KING COUNTY TAX ROLL STATES wLESS COUNfY ROAIJ. CHICACO TITL~
FIJRTHE"R NOTES THE KINe COUNTY ASSESSOR'S l.4AP INCOF!~E.CTL'r' SHOWS THE OEEO TO THE 'STATE OF WASl-IlNCTON FOR
~ICiHWAY PLJRPOSES RECORDED UNDER RECORDING NO. 66746150, AS ONL'!' AFF(C;Tl'-lG A f)ORTION OF THE" SOUTHEASTERLY
WJNTAlN!:;O BY" THE NO~'T,,,lt,,ME RIDGE: HOME;OWNE:RS AS5OCIATIOI'll, BOUNDARY LINE OF PARCEL B. SAIO or.r.o CO"!VtyE:D A STRIP OF LANO 20 ~ET IN WIDT~ ALONG TI-lE ENTIRE
~~~aAC~~ 6gT~E~gt~~'~J,.,~Ticts~A~O a~ ~:,c:~g~Nt~~l~ :'G'Ng~ ~V~~I~t~lo~E:.[,o.!,T1E~P~~~J~T~ souT'HE.A$TE~L y BOUN~'l" LINE OF SAID P.aRCEl. e.
fl;:"fCING6, ACCt.F'TABlE TO THE CITY Of ;EOE:AAL WAY DEPARTMENT Of COl.4I1iUNITY DML6PUENT SE!MCESadDC.DS~ OR lJ) INTENTIONALLY DELETEO.
ITS 'Sue ~'SSOR A.GENC'I' aE.rwtE.N THE: i..OT QR PO~1\ON~ CF THE LCii AND THE AREA R1;;STR1CTED. SAID UNOA 14) SUBJECT TO GE:NERAL AND SPECIAl TAXES AND CHARGE.S rM TAX ACCOUNT NO. 61436Q-01Se-Oe.
OEUNEATION $~AU. BE IN PLACE PIi:IQR to ANY ORADING OR CLEARING OF ~HE sueOM'$ION ANO R~MAlN IN PLACE UNTIL
A owElllNC IS CONSTRUCTE;O ON THE LOT ANO OWN[RSI'1IP TRANSfERRED TO fHE FlRSt OWNER-OCCUPANT.
I~) sua.JEct m GENERAL ANO SPECIAl, TAXE:S ,oloND C"'ARCES FOR TAX ACCOUNT NO 222104-9037-0J.
Eftv,,~~~s s~EfHJ;~e~IF'ES~I~(~d~~~~~~E~H~tT~N;~5t,( C~~~~gT~LOO~ E~~A~I~~ ~~~0~~~V;1J~oB11~[ ~~~~ 16) SUBJECT TO GENERAL AND SP~CIAL TAXES AND CHA~GES f'o~ tAX ACCOUNT NO. 614.J~O~(l(lJ~~O~,
FLOW INTO THE MAIN SEWER S'!'STE~. 1He: ~l.AN$ ON FII.E: WITH LAKEHAVEN UTILITY DIS11l:ICT $HOtJl.O SE CONSULTED
~~IOR TO COMMENCING DESiGN MAWINCS FOR AtoN F1JTURE DEVElOPMEN"T ON TI-\E LOTS SHOWN I'IEIiIE:ON. 11) $IJB.JECT TO llASIlITY TO ASSESSMENTS F"OR GE;"N[FW. T,ocES FOR CURRENT AND/OR PRIOR ~S. AFF't:cr5 PARcEL
1fbR~,fUD'i:~A~~E 5~~~~'it e~r v~~~l~LJ~~I~~f; orN~~U~OLT L~;H~~I~O~\ ~I,JReDO~~~:'Tr~~~~~ 1~~E~~~~~~N~L6g: o AND A POA:TION OF' PAflC.ELS e AND C CONTAINE;O WITHIN 'COUNTY ROAD".
FROM THE: PROPOSED HO\J'SE. ,,) INTENT!QNALL v DELETED,
'0) BUllO:NG SE;TBJo.CKS ARE A5 ~'OlLCWS~ F"RONT: 20' SIDE: 5' ~E.AR. 6' F~Ohi4: THE PROpeRTY I.INE. 19) SUBJECT TO LICENSE INCLLJDING THE TERMS AII/O CONDI110"lS THt,RE:OF" AND CONTAlNEO IN ;N$TR\.JM(NT QECOROE:O
UNoE~ Fie:COROING "10. 20050JJOOOOO11.
(1~EH~~~NW~;W~~Nbl~~~I~~E~~~ ~~~ ~~~~~ ~~W~~~AJ!MT~~rs~~ZT~gN~~~\~iR H~:6~Fl:f$N~~E~;T~R AND .2'0) SUB.lECT TO TIoIAT ,a,CR[[MENT BETWEEN THE OUADRANT CORPORATION ANP iAKEHAV'C:N lJ'nLlTY DI$rRI(:1 "ND THE:
SANITARY SEWER SERviCE. ~ERt.lS .&.NO CONOmONS rME~EOF' AS COIllTAlNEO IN IN$TIiIIJM5:NT ~E"CORDtO uNOE~ RECORDING NO. 2004102100007..
~t6ER~1,. ~I~~~l~~1t25N~~5~~I~1J. ~ii~~~~~~R~~D A:€p~~B~~ ifgll:~R~~,~r F~~:?~~.D TO tHE CIl'Y G~' 2! ) SUBJECT TO TI-!,4,T ::A,SEMEI'JT FOR UTILITY SfsiEM5 ANO ~HE ~tf~MS ANl) CCNomON$ Tl-I,EREOF ,4,S CONTAINED IN
INSTRUM~NT RECQRD~C UNDER Re:CORDINI;;: ~o. iOo!Oe2~OO'~O. THE L0CA1IClN OF" ~D U.SiMENT IS OE:PICTEO ~EREIN.
bWNE~L ~~V~~~{~?Rr~g:A+~G~~~~~~~~T5T~fPo~g~~E~~!~.\~EL6~tv~Z:Vlt~~1D8~~~F~E:~~: ~~~~T~~ ~~1. aE fHf;; 1,1;;GAl,. Clf:~CRIPTION REfE"RS TO ~MIS PLAT Of" ~THLAI<E RIDGE DIV!SION 4).
22) SUBJECT TO TIolAT AGREEMENT BETWEEN THE aUAOR,l,Nf CORPo~.A110N JEAN ~ PARlETT! ANO wll.J.ARD D, SELF, WIF(
mtJlo,LLY I;1ESPo"lSIBLE: f"0~ THE MAlNT~NANCE, REIi'AI~ ANO ~EF'lACEMENT OF TI'IE DR~INMlE F.4,CIUTlES wi1HIN THE: AND HUSBAND AND THE TERMS PoNO CONOITIONS THEAE:Of!' A$ CON'TAINtO IN INSTRuMENT R~CORDEO uNO[R RECORDING 1l,i0.
E;ASli:).IE;NT. 200~1104(ICUSJ.
~~tAg~.,n:~~DI~3,~L p)O~~AR~~P~Ci~~N~6~~5tTI~fl~~f~~1J.~, C&~~~T5~~0:~ ;~.E ;~,D;.~~S ~~p1~0 BY
TI-IE CITY OF FEDERAL WAY. ~EpLACE:ME:NT TRE~S ON LOTS 11 rhROuCH e.g,. 71 T~ROUCH 7B, AIIID BJ THROUGH a:!I APPROVAl.S
Si-lAll BE PLANTEO OURING THE FALL OF' 2006, AND Rf.ollo.Cl;:~ENT TREES ON lOTS 1 !Hf(OUGI'I 10. 70. 79 THROUGH 8.2'
..\NO 86 :HFi:OUCH 90 SI'tAU, BE PI,.ANTEO OU~INC THE SPRiNt Of 2007. .Ail REPU\CE~EN'r T~t.ts LOCATED CIII DEPARTMENT OF PUBLIC WORKS
RESIOENTIAl LOis SHAll BE OWNE:O AND MAlNTIo.INED BY THe: OWNER'!!. OF" SAID LOTS, WHILE REPLAcEMENT fREES lOCA1EO i:X.&.MINED AND .ol,PPROVED THIS_D~Y Of.~~,~,~,_... 2005.
IN usEA81.E OP~N SPACE TRACTS SHAll BE OWNE;D AND t.t4JNTAINED BY THe: ~OIilTH~K( RIDGE 110J.4E"OWNERS
ASSOCIA110N.
20) .'.1.1. FlJTIJRE PARK ANO PEOE:$ffilAN TRAIL IMPROYEMENrS AO.,lACENT TO wETI,.Jo.NO AND WETU.ND SET8,4.CK ARO.s PLJ8LJC WORKS OIRE:CTOR
Si1All BE OESIGNED TO fOLLOW tHe: Ii!ECOMM(NDATIONS OF A WiLDLIFE BIOlOCIST, AND SHAl.l. aE SI.JBiAITTED TO THE OEPA.RTMENT OF COMMUNITY OEVElOPMENT
DEPARTMENT OF' COMMUNITY OEVELOPMEtII't 5ERvlCf.S fOrt R[Vl~.
E:':'&'MINED ANO APPROVED THIS _ 0.&.'1 OF , 2CO~,
~0~E~~A~ciD~r~jCO:N:t.F6~~~~IG~T~~~ -~:OW~~D~~~~~ ~~~:6s~ ~~u~O ~ fHOt~~JFTo'~t.;~ ~O~~C}t<~ERIDGE
DMS!OIII 4 HOt.4E:OWNER'S ASSOCIATlOtll PE~ iN5TRI,lMl!:NT Rf;COROEO' uNDER RECORDING NO~___________~___. OIRECTOR OF CO~MUNITY DEVELOIi'UENT
s~m rlO~t.Ow"lE~S ASSOCtATION SHALL BE RESPONSIBI.E FOR MAINTENANCE;" OF LAN05CAP1"fC AHO IRR1CATION FACII.ITIES IN
THIS AREA,
EASEMENI oeOICATIONS FEOEAAL WAY CITY COUNCIL
1) .AN EASEMe;Nf IS. HE:REBV tRI"!EVOCBLY RE5I;.R%l) m~ AND CRANTED TO LAKEHA,VEN lml.lTY OlstRICT, ITS Hl;IRS, s,uCCE:SSORS EXAMINED AND AIi'PROVED THIS..............._OAy ot ~.~~' 'Zoos.
AND AS~ICN:!i. ,o~ so. LONG p:j IT SHAl.l. OWN AND MAlNT.ilIN THE 'JTlLlTIE'S RtF'EiIl:ENCE:O HEREIN uNDER AND UPON Tf1E AREA
SHOWN ON tl-lE PLAT A,ND DESCRIElI;O HE;REIN AS ftw.A.Tt.R EAS(.."EN.r OR aSAliru,R"l' sf;WUI. EAsE~[lIlr TO lNST.a.LL WlNTAIN, t,.4),YOR
REPLACr., !:/:(PAIt:l: MID OPE:RATE: WATER ANO SEWER MAINS AND APPURTENANCES I"'O~ lHr$ !)UaOM$ION AND 0TI-lE:1;l PROPEI;lTY
fOGETHE:R' WITI'! TIoIE; RIGHT TO !::NrtR UPON SAIO ~EMENT5 AT ALL tiMES I"'OF!: TI1E PuRPOSES INCIOE;"NT THERETO. NO BUILDING, Am'ST;
WAI,.I".. ROCKERY. FENCL TREES O~ STRUCTURE OF Atoft KIND SHAll eE E;F!:ECn:O OR PlANTED. NOR SHAlL .AI'('( FTL~ uATe:A:IAL Se: efTY CLERK
PlACED WITHIN THE BOlJNDARIES OF SAJO WE;M~NT AREA. NO EXCAVATIO"l" SHAll 6E': MA(!l;: WITHIN THREE (J) FEET OF SAID
W"t.TEPl O~ $ANITARY SEWER SERVICE F"ACII,.ITIE;S AND THE SURFACE LEVEL OF' THE: OfllQUNO wITHIN THE EASEt,lENT AR~ SHo&il BE
t.4AINTAINED M THE ELE\lATION AS CURRENTL'!' ExISYI"lC GRANTOR AOOtTIONAl,.L'I' GRAN1"'5 'to THE CRANTEE. THE \,lSE OF $UCI-l KINa COUNTY DePA~TMeNT OF AsseSSMeNTS
ADDITIONAl" A~A IMMEDIATELY .Q,JIlC~NT 1'0 SAlO EASE:ME:NT .&,RE,A, ~S SIolALL ee; R~Ql.U~tD FOR THE COI'ISTRUCTION,
~E:CON$TRlJCTlON, MAINTENANCE AND OPERATION OF SAID W,6;rER ANO $ANITAin' SCwf:R F~tLmES. THE USE OF SUCH AODiTIONAI,. EXAMINED AND .'PPROVED TIo!I~V oF' . 2005.
AR~ $HAlL BE I-\,:LO TO /10.. REASONABLE MIf\lII,lUt,A ANO ae: RE1\IRNE;O TO THE CONDI11ON EXISl'lNG IMWEOtATEl.Y BE:FORE THE
J;lROP~~iY WAS (J\lTf,RED UPON BY l..AI(EHAvEN UTIUlY DISTRICt, Irs AGE:"ITS, sUCCESSORS AND ASSIGNS. IN ,.ODITION TO TJ,.I~ ~DEPU1Y KlNG COUN1Y .aSSESSOR
OTHe:Fl ~ESTRICTIONS H~REIN. GRANTOFl: SHAI.I. NOT CONVEY to A 1'111~O PAFl:T'I' ANY' [ASE;MENT OR OTHER RlGHT Of USAGE 1"1 'THE: KING COUNTY ~ESSOR
PROPERTY WHICH wOuLD IUPAIR OR LIMIT THE usE OF" TH[ EASEMENT RIGl'fIS GRMlTED HE~EI~
6143600186. 22210490J7 614.J600635 ~,~."
2) AN EASEt,IIENT IS HEREi:J'l' RESIi;RVIO:O FO~ AND CONVEYED TO PVGET SOUNO E:I>jERGY. INC.. GAS OO'APANY. PUGEr SOUf\lD ACCOUNT NUMBERS
t;:NERC"t', INC.. ELECrFi:IC COMPANy. QWEST m....EF'Ho"lE CO~j;>.AN't', AIIIO COI.4CAST CABLE COUPAN'l' ANO OTHER UTILI'T't' PROvIO[RS
AND fH(I!:!: Fl:!i:SPECTIVE SUCCE:S50~S ANO ASSIC"IS. UI\IOE:~ TI-lE El'TEIi'IOIO! TEN (10) FE;ET OF" AlL LOTS, TR.4.CTS A,ND SPM:ES FINANCE DIVISION CERTIFICATE
WitHIN Tl'tt PLAT LYING PAAALLEL wITH ANO ADJOINING ALL STREET(S); IN WHleH TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR.
REPLACE AND E.tlLA~E \,I1110ERGROUND PIPES. CONOUITS. CAeI.ES. AND WIRES WITH ALL N[(;E~ OR CONvENlf;Nr UNDERGROUND I H~EBV CERTIFY AL.~ PROPERTY TAXES ARE PAlO. THIo.T THERE ARf; NO DELINQUENT SPECI./I.L ASSESSMENTS
OR GROUNO-MOUNTfNO .a.PPl.lRTE:~CES THt.Fl'ETO F"OR THE PURPOSE OF SERVING THIS SU9l)1Vl'SION ANO OTHER PROPERTY WITH CERnFlED TO THIS OFl'lCE" FOR COLL.E:CTION AND TI-lA"t ~LL SPECIAL ASSESSMENTS CERTIFIED TO TI1IS
ELECTRIC. CAS. TEl.[P'l-IONt;:. TELEVisION ANO OTMER LJT1l1TY SERVICE. 1oct1'HER wITH TH( RIGI1T TO ENTER UPON THE STREETS, OFFICE fOR COLLECTION ON AN'!' Of TI1E ~ROJ;lERTY H~EIN CONTAINED, DEDICATED AS STREEl"S, ALLEYS a
LOTS. TRACTS, ANO spACES AT All TI~E$ fOR THE puRpOSES 1'1[~[IN STATEO. OR ro~ AfoIY ofHE~ PuBLIC uSE.. A~( PAlO 1111 FULL.
J) AN EASEMENT IS !'1EREBy GRAN1EO TO THE CIT"t' Of FEDERAl. WAY, ITS HE-IRS, SuCCESSORS ANO ASSIGNS, fOR SO LONG AS IT THIS~OAY OF ~.....-.--' 200~. ,-
SHAll OwN AND MAINTAIN THE UtluTIES REFERENCEO I-lEREIN UNDER ANO UPO". THE AR~ ~HOWN ON THE PLAT ...~O otSCRIBm .........
.'ifREIN ~ .STORu D~A1NA(lE E;ASE~ENr TO IIIISfAlL. MAINTAIN. R~pt,ACE, REPAIR: ",NO OP~j;!ATt STORM MAINS AND ~INANCE OIVISION D(Pu,flESUBMITTED
APPURTENANCES FOrt THIS Sl.IeOIVISlON ANO Of HER PROPERTY TOGEil-lEI;1 WITH iHt. ~CHT TO ENTER UPQN SAlO EASE"ME:NTS .&.T ALL., "0,
,IMES ~()~ THE Pl,IRPOSES STATED. SfIi!UCTLJRES. FIt!., OR OBSTRUCtIONS (E;.::Ct.UOINC PECKS, PATIOS. OR OVERHANGS) SHALl. NOT MAN,A.GER FINANCE DI....ISION G"J;
S( Pf;RMITTED wlT\oiIN THESE STORM DR,olo,INAGE E,ASE1-4Ep.IT'S, AOOITIONALLY, CRADINC ,a,ND CO/IISTI;1UCTION O~ tE"lCIN(;. SHAll. Not
BE: ALLOWED WITHIN THE 'STO~M CfltAINAGE EASEMENts SHOWN ON THIS PUT I.l,<.p UNLESS O1'HERWISE AP~ROvI1:0 eY lHIO
HOMEOWNERS ASSOCIATION, CllY FILE No.os~1o~5~gQ..~O-SU
4) All. LoTS $HAl.1. BE SUBJECT TO AN E,a,$EIol!::"lT 2.50 fEET IN IIIIDl'H PARAlLf.L wITH ANO ABlJTTING ALL INTERIOR LOT iJNES
ANO ~.OO fEF;T IN W1DfH PARAl.L.!1,. WITI'! AND ASUTTING '-'LL RE:A~ Lor llNE'S FOR TI-lE >1URPOSE OF PRIVATI: STO~M DAAINAGE, IN
T~E EVENT LOT I.INES ARE .ADJUSTED A~TE:A' THE; RE:CORDlNG OF" TH/5 PLAT. THE EAStuENT '$HAl,.l" t.l0V€: wrTl't Ti-lE: ADJUSTm LOT EI!III C ~~~(~~~E~ E E R S L Lei
\..INe:~. M.a.lNf~N"'NCE OF" All.. PRIVAfl:: STO~M DR~NAGE EASEMENTS ON THIS FllA1' SH-'LL BE THE RESPON51BIlITY OF" THE LOTS
DERMNG a'::NEm FRau SAIO EJl.$:EIoiENT. NO STRUCTURES OTHI;;R THAN fEfIICE.5 oF! YARD DRAINS SI-lALL 8[ CONSTRUCT~O WITHIN
THESE: (ASE:Ml::NTS. TI-IESi i:~~Me:NTS HAvE !\lOT BEEN DEIi'ICTEC H~RtIN.
SURVEVOR'S CEATIFlCA,TE I.I.I~I
I HERE:'1\' CERTlFY TH,-,i TI-\IS PLAT OF "NORTHLAI(t. Fi:!DGt. DIVISION 4- IS eASE:D UPON -. SURVEY of
SE:CTlONS l! & 22, TOWNSHIP 21 NO!:i!TH, RANCE: " EAST, W.M., TI-lAT AU. COu~s(S AND DISTANCES ARE: _""Wav__.l!O<l .... -
SHOWN CORRt.CTLY THEREON, THAr l"HE ...ONUMENTS WtLL BE SET AND tHE LOT ANO BLOCk:: CORNERS WILL .......-
ElE: STAKED CORRECTLY ON THE CROUND AS CONSTRUCTlON IS COMPLETED AND TH-'T I HAVE FULL'!' CouPL.lEo ...~.. W.Y. w~ HOO3 ---
WITH 'I'HE PROVISIONS oF! THE PI"ATTlNG Ii'EGULATION$. 12t13) 638-""" ...- w_
......-
~ICHAEL R. BOW(N, -P'ROF"ESSIONAl lANO SLJAvEYOR DATE DATE 12 09 O~ ..OB NO.
CtFlftF'I(:ATE NO. 29294- 191 OS9 OOJ 0200
DWG NAME~ 191\5~OOJ\F'Lor'5\NLR04-F"P-D2,DWG ORAWN av; a.I;l.S./!::.A.F. $He:ET , of 7
EXHIBITk
PAGE 2-- OF
NORTHLAKE RIDGE DIVISION 4
A PORTION OF SECTIONS '5 AND 22, T. 21 N., R. 4 E., W.M.
AOORESSTABlE CITY OF FEDERAL WAY. KING COUNTY, WASHINGTON
LC1 AOORE:S$ -~
~ 3_~41. 38Tiol J>:,,'ENUE SOI.,lTH
2 ,}J415 JaYl-t AvENUE SOUr!"!
J .B41!:1 J8TH A\lENU~ SOI.JTI'l :-~ lI.l \
4 3J42~ 38TH AVENUE SOUTl-! j V' tfJ
5 JJ42~ Jell-! AvENlJE SOVTI-! f--- ! Il. j U III 139'QB'21" w 5291.~J' ~ '.....
~ ;~;6~ ~:~~ :~~~~ ~g~~~ ;6 15-~ - .~ -~-,,- ~~ - - a~~ - ~~7.~~ _ 2E44.47' IL~5 14
a JJ~l; .:l8TH ,6,\I[NuE SOl,JiH '- F"OuND ~'f~AMIO I.4QNUIoII:::NT & ~ ~ -l . ~ ~
~ JJ~ I S 38TH AVENUE SOUTH "-- ;,;,'11101 it' B~ASS CAP IN CASE 0:: u: W
11) ~J~21 ~I!TH A,'lr:NUr: SOuTH (MARl;H l$SO) W a 0 n::
\ j .5j~2:!i-' j'atH ",vENUe: SOUTH W u:Z: a
12 JJ150J JeTH AVENUE SOUTM t:4 w t I
~ ~31'6ci'7'"J8TI-I ,6,VE"IUE"'~ r-::- 0:: '!J." I/J
14 3.3$11 Jan~ AVENUE ~Ol,lT!o..' .J Z a
15 33615 38T"1 ~VENUE SOUTIo! ~ :J
111. 33823 38TH "'VENUE SOUTH I /1,-{" ,
l1 .3..:!II5::t:' )l!'fH AVEONUI!:': SQl,ITH S.3'3 - 04 ~
\8 M03 SOUTH 3j7TH 5T~EtT :2
19 .3807 SOl/TH 3J7TI1 STREET N 87'~e':21~ w ~
20 JeM SOUTH JJ7TH Sf~e:E:T I ~3. .
21 17 S U H 1TH ~ XJNG COUl'rry . .. \",I
2~ :'905 'SOuTI'l 3J7TI-1 STRf:ET ~ Sl-.IO.F(7 PLA ~r re tg
~; j:~~ ~~~~~ ~~~ :;:i~~ ~ t\o, 0730 3 ~ ig
25 j917 SOUTH JJ7TH sr~t.t.T......1 N 87'~6'21. W
~~ I ~:~~ ~~~~ ~~~ ~~:~& ~ e,," ~
Ort JJ70J 4;2NO CovrtT so. oi"\ L....
2B JJ70.3 42ND COURT SOUTH 8 t I 0
29 ::!,J707 42ND COURT SOUlM ~ I z 5 ,... T"" a
~~ ~~;~~ :~~~ g6~:~ ~~~~ I 6 n. ~ LJ :u t
32 I 3~ 'O!l 4:2NO COuAT SOUTH U t: -:t):9 P . ~
3.3 )3704 42'NO COURT SO(.JTH I ~I Q~<' . ~ :g ~ --l
301- ~J70'2 oI-jlNO l;OURT 50l,lTH 6 ....I.., :2 il. ~ ,.. ~
OR .33520 .2ND AVf,NUE: so. CALCULATED CO~Nt:R BASED ~ II) z !I
J~ I .3~516 42"10 AVt:NUE SOUTH UPON FOIJNO 1II0NUlII[NTATlON I::;;:)
JE> l ',:551'2 42NO AvENIJe: SOUTH tiN SECTiON 22 1
J7 J.'J50B 42NO AvENUE SOUTH '/
3! ,J3S0. 421110 ^v~N\Je: SOUTH ~6 5 I; fOup.m CONCRETE MCNI.lMENT
39 .3~500 42NO AvENuE U H -'. lJ1~ 13" ? wITH aAAss PLUG
40 .3~422 -42NO ....VENUt: $OUfH 21 2~ - ------;J195~ - ----:::: ~ ~(SE:F'TW8EI;! 1998)
41 .~J4'e 42NC AvENUE soutH ............ N BB"5,!'O$"" w N 88'~.oft" w
.../! 3J~01 'l-2NO AVENuE SOUTH ~ 2S~g 0,;)' Q..3$'
'13 J3~OJ 4:;!NO AvENUE SOVTH r J: N 01"18'54- Ii:
44 3"~s'Oi 42NO AvENU Ou H <I: ]--. 13l5,!i2'
4,5 JJ~13 ....2ND AV~Nl.,IE SOUTH I ~ ~ ~
:~ ~~~~~ :~~~ ~~~~~ ~gIT* ~ - CL
48 JJ52~2 42~~U~:NU~T~O~~~ ~ 9 ~ 20
....9 3.J61 e J9iH ~VENUE SOUTH I rc: ~ i.I.l
900l- SOUTH 37TH ST. 0 :::I: ~
50 JJ614 39TIi ,.I\,VENUE SOlJTH t1 !J <(
~1 .33610 J~TH AvENUE" 'SOUTH a: a:: -l I
52 33505 39TH AVENl.,Ir. SOl,lTH Z l
::I,) ~J!i02 J!jITH Ave:~uE SOUTH I :::) l:.., ~ ~ .
54 3J522 3!H~ .\lE"NlJl;: SOl,lTH 0 ~ .,
~~ JJ~18 39fl1 ~VENUE SOLlTH ~ ~
Si!i ~.;!~ 14 JgTH AvtNUE: SOl.lTH / I le
!I7 ,3:3'510 39TI-I AV\:NU( $OUTH I W
~8 "'~O~ J91H AVENUE SOUTH b:t I.JJ
CR 3811 SOuTH 3JSTH PI.. in !'" ....
~9 JJS09 .39TH A,VENuE SOLlTI'l iii ~ tV kI') ~
I!!.O JJ~lJ J9TH AvENUE SOutH 1i a:: z; lp 0 I ~
61 33517 .39TI-' "'V~NUE" SOUTH NI ~<C$: co i: (;
62 Jj~21 39TH AVE:-.IUE SOUTl-I ~ -l 0 :z
6~ 3.35~~ 39TH AVe;N(.J~ 'SOUTH . Cl.l n... C )--0
154 J~501 J'ilfH AVENUE SOUTH P ~ 1..1.1 @ U I
65 33605 39T1-' .a.\/E"NUE; SOUTH ;! I -<C t- l;tJ ..::(
(I~ JJ609 3!i1TH .d,VE"NUE: au H ~ I 0:: Jj a cr.
~~6...7 JJ61 J 39TI-I AVENUE SOUTH 4::" I ~ 0 }-
68 3361 7 3gTk ""v!::NlJE; 'SOUTH cr ~ g
15!i1 "}"}~2 I ~9TH AVENUE SOUTIi 0 B N ~
j........, OR J808 SOUTI-I J~7Tl-1 ST. I U Z '
70 JJ63B JBTf-t AVF.Nt,lE" SO~J rH ill Q tiQIf..; D
! OR :$ao~ $Ol,lTH J.37TH sT, U'J -<::..,
71 .3.:56j~ JaT'" AVENUE 'SOI,JTH ~ W t') fOR .OOlTlONAl oQUNDAIff, ESUBMllTE
;~ ;~:~: ;=~~ ::~~~ ~~~~~ I <(~ GJ ~ ---- ~~~Z:;'I~~~u~~~~~~~~/~eAT I
RECORD OF' $URvt'f B'l' E'5t.!, INC.
74- 3361a J8TH AVENUE SOUTH L"l u a: 1 Rt:CORDED UNDE;R RECOROIN(l. NO. DEe 1 2 2005
~~ ;;:~~ ;:;~ ~~~~~ ~~~~~ ~ ~ 8 ~6g%~~t' P:~ ~~~c.EiAS; ;,~~iNU~
" OJ;', 'on< AVE"UE SOU'H I ~o..il! SITE _we AS "'COOO'D UNO'" C~OF FEDERAL WAY
78 3J~24- J8T1-1 AVEt.luE SOUTH lLl i~~O~7; ~tB;~I~~~20F'tOR1;~~S ILDING DEPT
,9 JJ~2 J8TI-I "'VENUE SOUTH PLAT IS T"lt. CITY OF" F"EDERAl- WAY, .
eo JJS1i! ~eTH AvENUe: SOUTH AS A RESULT, 'THE BEARINGS ON Tkl$
81 33508 38TH A~IIIt.JE SO(.JTI-l I' PLAT ~Avt SE'EN ROTATED CLOCI('MSE
82 J~o'" J8TH AVE;"'UI: SOUTH I oooo'or FROM SAIO ~~cor;;o of
OR J80J soum JJSTH PL. SURVEY. tJl
.3 3816 SOl,fTH 3,J~TH PI,),C[ ~
S4 ,lft12 SOUTH ~J5TH PlACt. ;;;;
B~ JBOB SOLJTlot 3.35TI-I PL.AC:E FDl,INO :r eAA$~ CAP I -
BiS 380... SOUTH J.J.5TH FLJo.CE ~[IN CASE (SEPTEMBER 1996) I
87 J802 SOuTH 335TI-I PlACE I J
~ ~~;~~f:~8;~E:~N~;U~~. 21 22~ ~.,_IJ~~ ~ -=c:...~~ lJ18.....6.
a9 ~16 38TH .VENLJE 'SOUTH N l39"12'4a" w 26J6.92' ~ --- ~ -
~ .334- ~.2 Je;TH AVtNut SOUTH n <
o
,
CJ
SURVEY INSTRUMENTATION '~g~e.""~'.w,'i&"~~~ C)
PIN IN c-"S~ ~
SURVEYING. PERF"ORMEO IN CONJuNCTION wITH THIS PlAT (MARCH 1990) ---:::J.L
UTILJ1E;D THe; F'OU.OWING ECUIPI.lENT AND PROCEDURES; -.....--
lr:j S'fATION t.lAlNUll\IED TO MANuI'.".C:TlJRER'-:S SP~LIF;LA'fION~ CITY FILE NO. 05-103512-0Q-SU 27
"-s REQUIRE:O BY wA(:~~i~'J:o-'oo.
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EXHIBIT -.P>
PAGE ~ OF ..L..
NORTHLAKE RIDGE DIVISION 4 VOL. PG.
A PORTION OF SECTION 15 AND 22, T. 21 N., R. 4 E., W.M., n
CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON
TRACT H
(3,308 S.f.)
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l;URVE: i;i~I.TA RACIU5 LENGT~
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EXHIBIT ~
PAGE~OF-L
("lAND ""PORA"Y UNF,ECOHDED NORTHLAKE RIDGE DIVISION 4
'AN'i,.~.~~~'~ "N6k-fr;r C'L~~ A PO~TION OF SECTIONS 15 AND 22, T. 21 N., R. 4 E., W.M.,
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EXHIBIT ~~
PAGE..s...OF ..:L-
NORTHLAKE RIDGE DIVISION 4 VOL. PG.
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EXHIBIT~
PAGE--'rL.OF
NORTHLAKE RIDGE DIVISION 4 VOL. PG.
SEE SHEET -4 OF 7 A PORTION OF SECTIONS 15 AND 22 T. 21 N., R. 4 E., W.M.,
CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON
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"-
RESOLUTION NO. 03-396
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH.
CONDITIONS, THE QUADRANT RESIDENTlAL SOUTH
PRELlMINARY PLAT, FEDERAL WAY FILE NO. 98-104313-00
SUo
WHEREAS, the owner Quadrant Corporation, applied to the City of Federal Way for preliminary
plat approval to subdivide certain real property known as Quadrant Residential South, consisting of 39.64
acres, into ninety (90) single family residential lots in a cluster configuration located north of SR 18 and
atthe south east quadrant of South 344th S~eet and 38th Avenue South; and
WHEREAS, on June 18, 2003, an Environmental Detennination of Nonsignificance (MDNS) was
issued by the Director of Federal Way's Department of Community Development Setvices pursuant to the
State Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and
-..
) WHEREAS, no comments or appeals responsive to the MONS were submitted to the Department
of Community Development Services; and
WHEREAS, on August 19, 2003, the Federal Way Land Use Hearing Examiner held a public
hearing concerning the Quadrant Residential South preliminary plat; and
WHEREAS, following the conclusion of said hearing, the Federal Way Land Use Hearing
Examiner issued a written Report and Recommendation, dated September 4, 2003, containing his findings
and conclusions, and recommended approval of the preliminary plat of Quadrant Residential South
subject to the conditions set forth therein; and
WHEREAS, on September 8, 2003, the Federal Way Land Use Hearing Examiner amended the
written Report and Recommendation to remove irreleva~t findings; and
WHEREAS, pursuant to Section 20-127 of the Federal Way City Code, the Federal Way City
Council has jurisdiction authority and to approve, deny, or modify a preliminary plat and/or its
conditions; and EXHIBITk
Res.. I 03-396 . Page I PAGElOF
~
.r"', !,,"-',
I \
l ! l .'
" "
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all
,
other applicable City codes, on Octob~r 6, 2003, the City Council Land Use and Transportation
Committee considered the record and the September 8, 2003 recommendation by the Hearing Examiner
regarding the Quadrant Residential South preliminary plat, and voted to forward a recommendation for
approval of the propo~ed Quadrant Residential South preliminary plat, with no changes to the Hearing
Examiner recommendation, to the full City Council; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code. Chaptet 58.17 RCW. and all
other applicable City codes, on October 21; 2003, the City Council considered the record and the Hearing
, ,
Examiner's September 8,2003 recommendation on the QuadrantResidential South prelimina-.y plat.
Now THEREFORE, THE CITY COUNCIL OF THE ClTY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section I. Adoption of Finding:s and Conclusions.
L The findings and conclusions contained in the Land Use Hearing Examiner's September
) 8. 2.003, Amended Report and Recommendation, attached hereto as Exhibit A and incorporated by this
,...~ .../
reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any
finding deemed to be a conclusion and/or any conclusion deemed to be a finding, shall be treated as such:
2. Based on, inter alia, the analysis and, conclusions in the Staff Report and the
recommendation and ,conditi<?ns of approval as established in the Hearing Examiner's September 8, 2003.
Amended Report and Recommendation, the proposed subdivision makes appropriate provisions for the
public's health, safety, and general welfare; for such open spaces, drainage ways, streets or roads, alleys,
other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds,
schools and school grounds, and all other relevant facts as are required by City code and state law; and
provides for sidewalks and other planning features to assure safe walking conditions for students who
walk to and from school.
3. The public use and interest will be served by the preliminary plat approval granted
herein.
. EXHIBIT~
Res. " 03-396 . Page 2 Docprt'1~~OF .,~~
[~-'; f.~".
; , '- l
;,
Section 2. Application Approval.
Based upon the September 8, 200.3, Amended Report and Recommendation of the Federal Way
Land' Use Hearing Examiner and the findings and conclusions contained therein as adopted by the City
Council immediately above, the preliminary plat of Quadrant Residential South, Federal Way File No.
98-to4313-00-SU, is hereby approved, subject to the conditions contained in the September 8, 2003,
Amended Report and Recommendation ofthePederal Way Land Use Hearing Examiner (Exhibit A).
Section 3. Conditions of Approval Integral.
The c9nditions of approval of the preliminary plat are aU integral to each other with respect to the
City Council's finding that the public use and interest will be served by the platting or subdivision of the
subject property. Should any court having j,uriFdiction over the subject matter declare any of the
conditions invalid then, in that event, the proposed preliminary plat approval granted in this Resolution
shall be deemed void and the preliminary plat shall be remanded to the City of Federal Way Hearing
Examiner to review the impacts of the invalidation of any condition or condit~ons. Upon such review, the
)
Hearing Examiner shall conduct such additional proceedings as are necessary to assure that the proposed
plat makes appropriate provisions' for the public's health, safety, and general welfare, and other factors as
required by Chapter 58.17 RCW and applicable City ordinances, rules, and regulations, and fOlWard such
recommendation to the City Council for further action.
Section 4. 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 5. Ratification.
Any act consistent with the authority and prior to the effective date of the Resoluti9n is hereby
ratified and affirmed.
EXH~ D
.... opAQizo OF~
Res.. , 03:"'396 . Page 3
,.-, ()
i}
\~L. r.
Section 6. Effective Date.
This Resolution shall be effective i.mmediately upon passage by the Federal Way City Council.
REsOLVED BY THE CITY COUNCIL OF THE ClTY OF FEDERAL WAY, WASHINGTON, THlS -2.l.. DAY
OF October ,,2003.
CITY OF FEDERAL WAY
",",
,APPROVED AS TO FORM:
) 'f ~'-Ci. ~
CITY ATIORNEY; PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 10/13103
P ASSBD BY THE CITY COUNCIL: 10/21/03
RESOLUTION No: 03-396
) EXHIBIT J> .
PAGE~OF .!L..:.
Res.. # 0:3-398 . Page 4 Doc lD #24620
,r-',- r)
t )
CITY HALL
33530 1 st Way Sbuth (253) 661-4000
PO Box 9718 Federal Way, WA 98063-9718
11f~~il
Ifi ,Inl
September 4: 8, 2003 I SEP 9 '00" i&v
L '- J ! ~
.~~
~ity Clerks Oi/ice
Quadrant Corporation C'IY 01 Federal Way
,Skip Holman
P.O. Box 130
Bellevue, WA 98009
.
RE: QUADRANT RESIDENTIAL SOUTH, FWHE#03-06
FEDERAL WAY FILE NO. 98-104313-00-SU
, , Dear Applicant:
"'
)
,
Enclosed please find, the Amended Report and Decision of the City of Federal Way
Hearing Examiner relating to the above-entitled case.
SKClca EXHIBIT
cc: All parties of record PAGE OF
City of Federal Way ~~~~b
Q:
! ~}-~
_.,~' . EXHIBIT~
PAGE-L-OF .'1
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t..
,.-- -,------
".--.', 1~511j~Jfnnr~
;
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Page - 2 i i- 'i 1 .
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j I 111 ~ED 9 "-'103 i I I
- Lt- v I '-, . ')
: LV; '-=
CITY OF FEDERAL WAY L i
--;:;:;-;. ::~:;-:--"~:;-;---------.J
~,ty V!~II\.) 'Jd~~:~
CHy at ; toj~~r ili ~1..lay
OFFICE OF THE HEARING EXAMINER --............._------...
IN THE MAlTER OF: )
) FWHE#03-06
PRELIMINARY PLAT OF QUADRANT ) 98-104313-00-8U
RESIDENTIAL SOUTH )
-)
)
I. SUMMARY OF APPLICATION
The applicant'is requesting preliminary' plat approval of a90 lot ,residential lot cluster
subdivision as provided for under Federal Way (FWCC) Chapter 20, "Subdivisions" and
requiring approval pursuant to FWCC Sedion 20-110.
_J II. PROCEDURAllNFORMA TION
Hearing Date: August19,2003
Decision Date: September 4, 2003
Amended Date: September 8, 2003
At the hearing the following presented testimony.and evidence:
1. Deb Barker, ASSOCiate Planner, City of Federal Way
2"- Skip Holman, Quaqrant Corporation, P.O. Box 130, Bellevue. WA 98004-
3. Phil Kitzes, ESM, 720 S. 348th Street. Federal Way. WA 98003
4. Charles Gibson, 33461 - 33rd Place South, Auburn, WA 98001
5. Monty Bakken, ESM, 720 S. 348th Street, Federal Way;WA 98003
6. Rick Perez, Traffic Engineer
7. Simore Perry
.
) At tl"!e hearing the following exhibits were admitted' as part of the official record of these
EXHIBIT A
PAGE 2. OF'
(-) ,......---,
. i I
Page - 3
proceedings:
1. Staff Report with all attachments
2. Power Point Documents - Preliminaiy Plat Residential South Cluster
Subdivision
3. North lake Improvement Club Statement dated August 19, 2003
III. FINDINGS
1. The Hearing Examiner has heard testimony, admitted. documentary evidence into
thereeord, and taken this matte(under advisement
2. The Community Development Staff Report sets forth general findings, applicabl'e
policies and provisions in this matter and is hereby marked as Exhibit "1" and
incorporated in its entirety by this reference.
3. All appropriate notices were delivered in accordance with the requirements of the
") Federal Way City Code (FWCCl.
4. The applicant has a possessory ownership interest in an irregularly shaped,
unimproved, 40 acre parcel of property abutting the north side of State Route
(SR) 18 and extending to the south side of the 'intersection of S. 334lh S1. and
38lh Ave. S. in the southeastern portion of the City of Federal Way. The
applicant requests preliminary plat approval to allow development of a clustered,
90 lot, single family residential subdivision with a minimum lot size of 4.800
square feet and an average lot size of 5.755 square feet
5. The preliminary plat map (Exhibit A) shows access via an internal road
extending south from the 334lh!38lh intersection at a future round-about A
second access will connect with the internal plat roads of the North lake Ridge
plat which abuts the, eastern portion of the north property line. The plat map
shows significant wetland preservation along the west. southwest. central. and
northeastern portions of the site. Storm drainage facilities are located adjacent to
SR-18 and at the southwest corner of the developable portion of the site. Trails
circulate around and adjacent to the wetlands, and five usable. open space,
tracts are 'located throughout the site.
6. Abutting uses include the East Campus Corporate Park. the Slavick Gospel
J Church, and single family residential dwellings along the west 'property line.
Single family residential dwellings. vacant property. and the proposed North '
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Lake Ridge plat abut the north and east property lines. As previously found. SR-
18 abuts the southeast property line. The site is located within the RS-9.6 zone
classification of the Federal Way City Code (FWGC) which requires a minimum
lot size of 9.600 square feet Parcels to the north, south, and east are located
within the R-4 zone classification, while parcels to the west are located in the
OP, RS-9.6, and R-4 zone classifications.
7. The applicant submitted a completed application for preliminary plat approval on
December 17, 1998, and pursuant to RCW 58.17.033 vested the application to
the subdivision code, comprehensive plan, and development regulations in
effect on said date. The applicant proposes to cluster development with 90 lots
ranging in size from 4,800 square feet to 9,524 square feet, and an average. lot
, size of 5,755 square feet Section 20-154 FWCC authorizes reduction of. 101
sizes in cluster subdivision to 50% of the minimum authorized by the underlying
zone. The RS-9.6 classification authorizes a minimum 9,600'square foot lot
size, and therefore the applicant's proposed minimum 4,800 square foot lot size
satisfies the cluster lot size requirements.
) 8. FWCG 20-153 prohibits the number of lots in a cluster subdivision from
exceeding the number of lots which is RS-9.6 classification would permit in a
conventional subdivision. Subtracting 15% of the site for open space and 20%
for streets from the total plat area and dividing the balance of the parcel by the
minimum lot size shows that the applicant could obtain 116 lots as opposed to'
the 90 lots requested. The project therefore satisfies the density' and lot size
requirements for a clustered subdivision.
9. The topography rises gradually from south to north, and the site contains no
steep slopes or other geographically hazardous areas. The site is heavily
wooded with a mixture of conifer and broad leaf trees, and aeoordingto the
forestry report,' contains approximately 2,208 significant trees. The applicant will
retain large numbers of such trees within the dedicated open space and
recreation areas as well as in the wetlands and wetland buffers. The applicant
anticipates removal of 1,325 significant trees within the developed portion of the
site. The applicant must comply with the provisions of FWCC 2Z..1568 which
requires replacement of significant trees upon removal of more than 75% of such
trees.
10. The applicant and the Washington Department of Fish and Wildlife (DFW) have
agreed upon a Bald Eagle Nest Site Management (BEMP) for a nest located
i approximately ten feet from the western boundary of the site. The plan requires
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a 400 foot wide, no activity buffer, seasonal construction limitations, and fencing
and signage between trails and wetland buffers adjacent to the nest. The BEMP
has approved the location of a pedestrian trail within the outer portion of the uNo
Disturbance Area". While neighbors report observing hawks, pileated
woodpeckers, and other animals on the site, OFW has no evidence that any
threatened or protected species reside on or near the site. The plat will mitigate
impacts to wildlife through the preservation of 51 % (20.52 acres) of the site as
open space. Areas within the natural open space areas and wetlands will
continue to provide habitat to include tree snags for pileated woodpeckers.
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11. FWCC 20-154(e) requires thata-cluster subdivision provide all of its required
15% open space on site, and that the City Director of Parks, Recreation, and
Cultural Services must determine such space usable~ The applicant must
provide 5.95 acres of usable open space. The Director has approved 4.27 acres
of usable open space contained within Tracts C, D, E, F, and M, and an
adqitional .13 acres of open space in the nature of trails. The trails will measure
four feet in width with one foot shoulders on each side for a total of six feet.
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, - / 12. As previously"found, a plat road extending south from a new round-about at the
intersection of S. 334th St. and 38th Ave. S. will provide primary access into the
site, and a secondary a~ss will extend north into the North Lake Ridge plat.
The applicant will construct all roads to City standards and will include five foot
wide sidewalks on both sides. Tract K, extending SE from a cul-de-sac in the SE
corner of the plat, will provide access to three lots andwill be improved to City
private road standards. Tract Kwill also include a,fivefoot wide sidewalk and
four foot wide planter strip on the southern side.
13. Based upon the small lot sizes, reduced construction costs, reduction in truck
trafflc,and better erosion control, the City has approved the applicant's request
to mass clear and. grClde the site. However, because the mass clearing and
grading will require the removal of 707 significant trees, in advance of residential
home construction the applicant must plant 177 replacement trees on individual
bUilding lots prior to final inspection of the individual lot in conformance with
FWCC 22-1568(5).
14. To meet the landscape buffer requirements' the qpplicant will provide a minimum
ten-foot wide, perimeter, landscape buffer between lots 30 and 31 and SR-18,
and ,a ten foot wide landscape buffer separating the storm drainage tract
1 abutting SR-18 from lots 18-30. The applicant-will maintain TractH, a .15 acres
'-_'- parcel adjacent to the east side of the round-about, as a native growt~ protection
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tract to shield vehicle lights.
.
15. As previously found, the applicant will construct,intemal plat roads to City
standards. The major 'circulation road extending from the round-about to the
southeast and then north to the North lake Ridge plat roads will meet minor
collector standards which include a 60 foot wide, right-of-way, 36 foot wide
pavement width, curb and gutter, four foot wide planter strip, five foot wide
sidewalks on both sides, street lights,' and street trees. Road C, which will loop ,
from one portion of the collector to another, will meet local street standards to'
include a 52 foot wide right-of-way, 28 foot wide pavement width, vertical curb
and gutter, four foot wide plant strips, five foot wide sidewalks on both sides,
street lights; and street trees. Road 0, a cul-de-sac located in the southeast
corner of the site, will meet cul-de-sac standards to indude a 50 foot radius,
vertical curb and gutt13r, four feet wide planter strips, five foot wide road, will
include a 36 foot trad width, and 20 foot pavement width; and a vertical curb,and
gutter a'nd five foot wide sidewalk on the south side. The applicant will also,
provide off.,.site traffic mitigation in accordance with the SEPA MONS which
,) requires a payment to the City for "traffic improvementprojects in the amount of
$53,600 and to the Washington State Department of Transportation in the
amount of $11,376.
16. The lakehaven Utility District will provide both domestic water and fire flow as
well as sanitary sewer service to the site. The district will extend a sanitary
sewer line currently in S. 336th S1. which stubs against the west property line,
eastward into the plat.
17. School aged children residing in the plat will attend Lake Dolloff Elementary School,
Kilo Junior High, and Thomas Jefferson High Schools. All students will receive bus
transportation to and from schooias said schools are located more than one mile
from the site. The buses will loop through the plat and the adjacent North Lake
Ridge plat. Impacts on the'school district will ~ mitigated by compliance with the
City's school impact fee otdinance whiCh presently requires a payment of $3,894
per sin~le family housing unit.
18. Th~ storm drainage facilities must meet the requirements of the 1998 King County
Surfacewater Design Manual as amended by the City. Existing surface wate~ runoff
flows into three separate basins, to include 23 acres flowing to the west and two
eastern basins flowing to the south. The applicant has provided separate storm
drainage facilities to accommodate eadl basin. The western stann water detention
i plant will discharge water via a level flow spreader, and said water will
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subsequently sheetflow into Wetland C which in turn drains westerly into Hylebos
Creek. Water from the eastern detention pond servicing the two eastern basins will
discharge into an existing culvert whidl flows under SR-18 and then .south and east
to Mill Creek. The water flows will provide hydrology to off-site wetlands, and.the
City has determined that the project will result in no changes to the wetland
hydroperibd.
19. Prior to recommending approval of a preliminary plat ta the City Council, the
Examiner must find that the proposal satisfies the decisional criteria set forth in
FWCC 20-126(c). Findings on each criteria are hereby made as follows:
A. The project is consistent with the applicable 1995 Federal Way
Comprehensive Plan which designates the property as single family-high .
density. The cluster subdivision with its proposed lot sizes is consistent
with the allowable qensity and comprehensive plan policies.
B. The project is consistent with all applicable provisions of Chapter 20
.... FWCC and those adopted by reference from the comprehensive plan
) which include Chapter 18 - Environmental Policy, Chapter 22-Zoning, as
/
well as other applicable codes and regulations. As conditioned '
hereinafter, the preliminary plat will comply with all provisions of the.
FWCC.
C. . The project is consistent with the public health, safety, and welfare as the
applicant will provide urban level facilities and services for the future
residents.
D. The project is consistent with the design criteria set forth in FWCC 20-2
as set forth hereinabove as the project makes provision for the housing
needs of the community, the protection of environmentally sensitive
areas, and the preservation of more than half of the site for permanent'
open space.
E. The project satisfies the development standards set forth in FWCC 20-
151-157 and 20-158-187.
20. The North Lake Improvement Club appeared at the hearing, through Charles t
Gibson, president, and expressed concerns regarding an increased hazard to
pedestrians along the roads connecting Weyerhaeuser Way South and Military'
, . Road, and nutrients and other contaminants in stonn water runoff flowing into North
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Lake. The dub also expressed concerns that changes to the drainage patterns and
detention of precipitation flows to the lake (either adding or subtracting) may
adversely affect water elevation. While the project will create more traffic along the
roads in question; these roads are already impacted by significant traffic volumes
and the applicant cannot be made responsible for correcting a community-wide
safety issue. The environmental official did not impose requiremf3nts for off-site
safety improvements other than for proportionate share payments for City
transportation improvement projects. Furthermore, a proper nexus does not exist
to support a condition requiring sidewalks.
21. Compliance with conditions of approval and with the FWCC should protect North
Lake and surrounding lots from adverse impacts associated with storm water and
either increases or decreases of flow into the lake. The storm drainage plan must
ensure continued hydrology for the wetlands and will mimic existing runoff. To
ensure the dub that the storm drainage system will not affect either water quality
or quantity. the Examiner has added a cOndition of approval which requires the City
and the applicant to provide a copy of the final storm drainage plans to the North
) lake Improvement Club and a two week period in which to provide comments prior'
to the City's approval.
IV. CONCLUSIONS
From the foregOing findings the Hearing Examiner makes the following conclusions:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The applicant has shown that the request for preliminary plat approval of the
Quadrant Residential South clustered subdivision is consistent with all criteria set
forth in FWCC 20-126(c) and 22-445 subject to compliance with conditions
contained hereinafter.
3. The applicant has shown that the request for subdivision approval satisfies all
criteria set forth in RCW 58. 17.110.
4. The proposed preliminary plat complies with all applicable provisions of the Federal
Way Comprehensive Plan, the deSign criteria listed in FWCC 20-2, and the
deVelopment standards listed in FWCC 20-151-157, and'20-178-20-187.
" 5. The. proposed preliminary plat will serve the public use and inter-est by providing an
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attractive location for a single family residential subdivision while at the same time
protecting significant critical areas and providing substantial open space, and
therefore should be approved subject to. the following conditions:
1. Final plat approval shall require full compliance with drainage provisions set
forth in the FWCC. Compliance may result in reducing the'number and/or
location of lots as shown on the preliminary approved plat.
A Drainage plans and analysis shall comply with the 1998 KCSWDM
and amendments adopted by the City of Federal Way. City of Federal
Way approval of the drainage and roadway plans is required prior to
any construction.
S. The runoff control facilities within Residential South shall be located
within separate tracts (Tract A and B) that are landscaped to screen
the facility from the right-of-way and adjacent residential uses and to
allow for appropriate maintenance of the facility, and shall be
" dedicated to the City of Federal Way. Tra(js C, 0, E, F, G, H, I, Jj L,
) and M shall be owned, landscaped, 'and maintained by the
homE:!owners association. The homeowners association shall also
maintain screening vegetation in Tracts A and B. A landscape plan
for Tracts C, D, E, F, G, I, J, L, and M shall be submitted to the City
for review and approval as part of the plan.
C. Stormwater quality treatment shall be provided using the basic water
quality menu options of the 1998 KCSWDM, as amended by the Ci.ty
of Federal Way.
D. Stonnwater from Tract A shall be directed to the buffer of Wetland A-
C via a level flow spreader.
2. The applicant shall be required to construct all stonn drainage improvements
necessary to mitigate all identified conveyance problems, whether existing
or resulting from the plat's development, as identified during engineering
plan review and as required by the Public Works Director. Engineering
approval shall not be'granted if it is determined that proposed mitigation is
not adequate to address the impacts of the project. .
3. The final plat drawing $hall dedicate all usable open space in an.open space
i tracts to be owned in common and maintained by property owners of the
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proposed subdivision, and shall prohibit- removal or disturbance of
vegetation and landscaping within 'the tract, except as necessary for
maintenance or replacement of existing plantings and as approved by the
City. Additional vegetation may be located in open space tracts to meet,
conditions as approved by -the City. A note shall be included on the final plat
map that the open space tracts shall not be further subdivided, may not be
developed with any buildings or other structures except as, may be approved
by the City for recreational purposes only for the benefit of the homeowners,
and may not be used for financial gain.
4. Prior to issuance of construction permits, -a final landscape plan prepared by
a licensed landscape arettitect shalf be submitted to the City for approval,
and shall include the following elements:
A Open space and/or park landscaping in Tracts C, D, E, F, G, H, I, J,
L, and M;
, B. Street trees in right-of-way landsCape planter strips;
)
C. Tree preservation plan; and
D. Visual 'screening of the Quadrant Residential South storm drainage '
facilities in Tracts A and B from the adjacent Road A and from
adjacent residential lots with landscaping and fencing. Cyclone
fencing, if used, shall be coated black or green and shall be screened
by v~getation.
5. . The proposed subdivision shall comply with the 1993 King Coul)ty Road
Standards (KCRS) as amended by the City of Federal Way for this project,
including the following requirements:
A Roads A and B shaH be improved along the frontage of the project as
minor collectors, inclUding 60 foot wide right-of-way and 36 foot wide
pavement width, curb and gutter, four foot planter strips, and five foot
wide sidewalks on both sides of the roadway. streetlights, and street
trees.
B. Road C shall be improved as a local street, to include a 52 foot wide
right-Of-way and 2~ foot pavement width. Vertical curb and gutter, four
1 ' foot planter strips,. five foot wide sidewalks shall be provided on both
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sides of the street. Streetlights and street trees shall also be
provided.
C. Road 0 shall be improved as a cul-de-sac street with a 50 foot radius.
Vertical curb and gutter. four foot wide planter strip, and five foot wide
sidewalk shall be provided on all sides of the street. Streetlights and
street trees shall also be provided. '
D. Tract K shall be improved to a private access tract standard and shall
be limited to serving a maximum of four lots. The lots that abut these
tracts for acce.ss shall have undivided ownership of the tract and be
responsible for its mainten~nce. The maintenance' agreement for the
private access tracts shall be included on the plat and the language
approved by the City. Improvements shall ,include a 36 foot tract
width and 20 foot pavement width. Vertical curb and gutter and five
foot wide sidewalk without planter strips shall 00" provided on one
sid~. Tract length shall be limited to a maximum of 150 feet from face
\ of curb to end of tract, unless a 90 foot diameter turnaround is
I provided.
E. All streets have a minimum pavement section of three inc~s Class
B asphalt over six ,inches of crushed surfacing, to ~lJPport the traffic
load~.
, 6. Due to eagle nest adjacency. seasonal construction restrictions from
February 1 to May 1 and July 1 to July 15 shall. be imposed for all clearing,
grading. filling, and related construction activities contained in the amended
BEMP as approved by WDFW. and shall be applied to plat constn..ict.ionas
part of engineering review.
7. Conditions imposed by the Federal Way Hearing Examiner and the Director
,of "Community Development Services for wetland and wetland setback area
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::j~t.usions shall be depicted on construction drawings and the final plat
, . )jrawings as appropriate.
8. Prior to final plat approval, open rail fencing andappropria~e signage shall
be installed to separate the planned and future parks and pedestrian trails
from wetlands and wetland setback areas. and shall be designed in
accordance with BEMP conditions for fencing and signage.
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R The final plat shall contain the requirement that 177 replacement trees shall
be planted on individual building lots within the subdivision prior to final
inspection of residential building activities on the individual lot and in
conformance with FWCC section 22-1568(5)(b).
10, The final plat shall contain the requirement that all future park and pedestrian
trail improvements adjacent to wetland and wetland setback areas shall be
designed to follow recommendations of a Wildlife Biologist, and shall be
submitted to the Department of Community Development Services for
review.
11. The applicant shall provide to the president of the North Lake Improvement
Club a copy of the final stonn draina'ge plans at least two weeks prior to th~
City's approval thereof. The improvement club may provide comments within
said two week period to,the City regarding said plans. However, the sole
authority to approve or disapprove said plans remains that of the City,
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RECOMMENDATION:
It is hereby recommended that . the Federal Way City Council approve the
preliminary plat of Quadrant Residential South subject to the conditions contained
in the conclusions above.
DATED THIS 4th DAY OF September, 2003.
AMENDED THIS 8th DAY OF September, 2003.
4ffG--
~TEPH N K. CAUSSEAUX, .JR.
Hearing Examiner
TRANSMITTED THIS 4th DAY OF September, 2003, to the following:
AMENDED AND TRANSMITTED THIS 8th DAY OF September, 2003, to the following:
AGENT: ESM Consulting Engineers, Inc.
,~ .J Phil Kitzes
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720 South 348lh Sf.
'Federal Way, WA 98003
ENGINEER: ESM Consulting Engineers, Inc.
Monty Bakken, P.E
720 South 348lh Sf.
Federal Way. WA 98003
OWNER: Quadrant Corporation
Skip Holman
P.O. Box 130
Bellevue, WA 98009
OTHERS:
Charles' Gibson 33461 - 33<<1 Place South ' Auburn, WA 98001
Don Vandenheuvel 3718 South 334th Street Auburn, WA 98001
',) Bill Shiels 15020 Bear Creek Road NE Woodinville, WA 98072
Fred Brown 720 South 348lh Street Federal Way, WA 98003
Ann Olsen 15020 Bear Creek Road NE Woodinville, WA 98072
Jean ,Parietti & Will Self 33256 38th Ave. S. Auburn, WA 98001
Bud & Toni Tinnerman P.O. Box 34 Auburn, WA 98071
Norm & Lois Kutscha 33021 38th Ave. S. Auburn, WA 98001
City of Fede~al Way
c/o Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
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CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127, following receipt of the final report and recommendation of the
hearing examiner, a date shall be set for a public meeting before the city counCil.
The city council review of the preliminary plat application shall be limited to the record
'of the hearing before the hearing examiner, oral comments received during the public
meeting (so long as those comments do not raise new iss'ues or infonnation not
contained in the examiner's record) and the hearing examiner's written report. These
materials shal.l be reviewed for compliance with decisional criteria set forth in section
20-126. The city council may-receive new evidence or information not contained in the
, record of hearing before the hearing examiner, but only if that evidence or information:
(i) relates to the validity of the hearing examiner's decision at the time it was made and
the party offering the new evidence did not know and was under no duty to discover or
could not reasonably have discovered the evidence until after the hearing examiner's
-- ) decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from
the record. If the city council concludes, based on a challenge to the hearing examiner
. .~' recommendation or its own review of the recommendation, that the record compiled by
the hearing examiner is incomplete or not adequate to allow the city council to make a
decision on the application, the city council may by motion remand the matter to the
hearing examin~r with the direction to reopen the hearing and provide supplementary
findings and/or conclusions on the matter or matters specified in the motion.
After considering the recommendation of the hearin.9 examiner, the city council may
adopt or reject the hearing examiner's recommendations based on the record
established at the public hearing. If, after considering the matter at a public meeting,
the city council deems a change in the hearing examiner's recommendation approving
or disapproving the preliminary plat is necessary, the city council shall adopt its own
recommendations and approve or disapprove the preliminary plat.
As part of the final review, the city council may require or approve a minor modification
to the preliminary plat if:
, (a) The change will not have the effect of increasing the residential density of the
plat;
(b) The change will not result in the relocation of any access point to an exterior
street from the plat;
\ (e) The change will not result in any loss of open space or buffering provided in the
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plat; and
(d) The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter
the project.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, APPROVING THE FINAL PLAT OF NORTHLAKE RIDGE
DIVISION 4, FEDERAL WAY, WASHINGTON, FILE NO. 05-103512-00-SU
WHEREAS, on August 19,2003, the Federal Way Hearing Examiner conducted a public hearing on
the preliminary plat application resulting in the September 4,2003, Recommendation of the Federal Way
Hearing Examiner; and
WHEREAS, the preliminary plat of Northlake Ridge Division 4, City of Federal Way File No. 98-
104313-00-SU, was approved subject to conditions on October 21, 2003, by Federal Way City Council
Resolution No. 03-396; and
WHEREAS, the applicant submitted the application for final plat for Northlake Ridge Division 4
within the required time of receiving approval for the above-referenced preliminary plat; and
WHEREAS, the applicant has satisfied or guaranteed an of the conditions set forth in Resolution 03-
396; and
WHEREAS, the City of Federal Way's Department of Community Development Services and Public
Works Department staff have reviewed the proposed final plat for its conformance to the conditions of
preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth
in the December 13, 2005 Staff Report, which is hereby incorporated by reference as though set forth in
full; and
WHEREAS, the applicant has complied with the conditions of the mitigation measures of the April 2,
2003, State Environmental Policy Act Mitigated Determination of Nonsignificance, as discussed in the
December 13,2005 Staff Report; and
Res. # , Page 1 EXHIBIT
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WHEREAS, the City Council Land UselTransportation Committee considered the application and
staff report for thc Northlake Ridge Division 4 final plat at its December 19, 2005 meeting, and
recommended approval by the full City Council; and
WHEREAS, the City Council reviewed and considered the Staff Report and the application for final
plat for Northlake Ridge Division 4 during the Council's December 20,2005 meeting.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Findings and Conclusions.
1. The final plat for Northlake Ridge Division 4, City of Federal Way File No. 05~103512-00-SU,
is in substantial conformance to the preliminary plat and is in conformance with applicable zoning
ordinances or other land use controls in effect at the time the preliminary plat application was deemed
complete.
2. Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein
by reference, and on the City Council's review ofthe application for final plat, the proposed subdivision
makes appropriate provision for public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code,
or which are necessary and appropriate, and provides for sidewalks and other planning features to assure
safe walking conditions for students who walk to and from school.
3. The public use and interest will be served by the final plat approval grantcd herein.
4. All conditions listed in the October 21, 2003, Federal Way Rcsolution No. 03-396 have been
satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as
allowed by Federal Way City Code Section 20-135.
5. All required improvements for final plat approval have been made and/or sufficient bond, cash
dcposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all
Res. # ,- ' Page 2 e:
EXHIBIT
PAGE z,. OF~
required plat improvements as identified in the December 13,2005 Staff Report.
6. All taxes and assessments owing on the property being subdivided have been paid or will be
paid, prior to recording the final plat.
Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1
above, the final plat of Northlake Ridge Division 4, City of Federal Way File No. 05~ 103512~00~SU, is
approved.
Section 3. Recording. The approved and signed final plat, together with all legal instruments
pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the
King County Department of Records. The applicant shall pay all recording fees.
Section 4. 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 5. Ratification. Any act consistent with the authority, and prior to the effective date, of the
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 ,2005.
CITY OF FEDERAL WAY
Mayor, Dean McColgan
ATTEST:
City Clerk, Laura Hathaway, CMC
Res. # , Page 3 ~
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APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No:
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D^~C
MEETING I>A TE: Dccember 20th, 2005 lTEM# c- tl
00 '
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUB.fECT: Litter Removal Contract - 5% Increase in Funding for 2006
CATEGORY: BUDGET IMP ACT:
[Sl CONSENT D ORDINANCE Amount Budgeted: $
D RESOLUTION D PUBLIC HEARING Expcnditure Amt.: $
D CITY COUNCIL BUSINESS D OTHER Contingcncy Req'd: $
ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated December 201h, 2005.
SUMMARYfBACKGROUND: Since 1993, a company known as Vadis has provided litter removal services for the City
of Federal Way. Vadis provides a crew of five developmentally disabled individuals, a supervisor, and a transport vehicle
to collect litter within public Right Of Way (ROW) and City facilities throughout Federal Way. Vadis also performs a
variety of other low-skilled operations. This flexibility, in turn, provides labor cost savings to the City, while granting
useful employment to specially challenged individuals.
Service is scheduled so that the Vadis crew regularly removes litter and debris from all major right of ways in Federal
Way, while also assisting with Surface Water facility clean-up during dry periods. Based on feedback provided by Public
Works Maintenance Supervisors, and the marked reduction of litter complaints since service inception, the work provided
by Vadis has represented an excellent value. During prior contract updates, the City Attorney's Office provided an
opinion that this type of service is not subject to competitive bidding or prcvailing wage.
For 2006, litter control funds fix this contract totaling $36,750 are budgeted within thc SoLid Waste/Recycling (SW/R)
Fund and the Surface Water Management rund. This funding level is unchanged fronl 2005. Further, there have been no
cOlupensation increases on this contract, on a cloJJar per service hour basis, since 2002. Vadis has requested a 5% increase
in contract funding for 2006, citing increased overhead costs and fuel costs (which rosc an estimated 50%).
The SW/R fund anticipates reduced consultant services needed fi.>r 2006. Vadis' request for additional funding could be
oft:"et by this reduced need for professional services within the SW/R fund anticipated for 2006.
CITY COUNCIL COMMITTEE RECOMMENDATION: At the time of the preparation of this City Council agenda
bill, the December 191\ 2005 LUTe meeting had not occurred. Therefore, a recommendation is not provided with this
agenda bill. The LUTC will meet to review the increase on December 191h, 2005. Staff will forward the resulting LUTC
recommendation to the City Council at the December 20th, 2005 City Council meeting.
PROPOSED MOTION: "I move to approve a 5% ($1,836 per year) increase in compensation for Vadis effective for
2006, with the additional funding originating from the Solid Waste/Recycling Fund."
CITY MANAGER APPROVAL:
(BELOW TO BE OMPLETED BY CITY CLERKS OFFICE')
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
D DENIED 1 ST reading
D T ABLED/DEFERRED/NO ACTION Enactment reading
D MOVED TO SECOND READING (urdinances only) ORDINANCE #
RESOLUTION #
REVISED- 05/ I 0!200 I
MEETING DATE: December 20t\ 2005 ITEM# CSt;
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUB.TECT: South County Area Transportation Board (SCA TBd) 2006-2009 ILA
CATEGORY: BUDGET IMP ACT:
[g] CONSENT 0 ORDINANCE Amount Budgeted: $
0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $
ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated Deccmber 20t\ 2005.
SUMMARY/BACKGROUND: On October 1811], 2005 the South County Area Transportation Board (SC^ TBd)
approved a revised agreement for the continuation of SeA TBd through 2008. Most of the revisions are minor and do not
substantially change the agreement that has been in effect since 1999, the exception being the call for annual dues. Cities
with populations above 30,000 people shall make an annual contribution of $75, and cities with populations below 30,000
shall make an annual contribution of $50. Generally, the Board agreed that these funds could be used to convene special
meetings with legislators and to prepare educational materials for the legislature and/or the public. All expenditures need
to be specifically approved by SCA TBd.
CITY COUNCIL COMMITTEE RECOMMENDATION: At the time of the preparation of this City
Council agenda bill, the December 19t\ 2005 LUTC meeting had not occurred. Therefore, a recommendation
is not provided with this agenda bill. The LUTC willl11eet to review the agreement on December 19th, 2005.
Staff will forward the resulting LUTC recommendation to the City Council at the December 20th, 2005 City
Council meeting.
PROPOSED MOTION: "1 move to approve the 2006-2009 agreement for SC^TBd."
CITY MANAGER APPROVAL, ~.........
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED ST
1" reading
0 TABLEDIDEFERRED/NO ACTION Enactment reading
0 MOVED TO SECOND READING (ordinances onM ORDINANCE #
RESOLUTION #
REVISED - OSIIO/2001
MEETING DATE: December 20, 2005 ITEM# 0+-
....................mmmm ...m....".",.""'.......,.",,,
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Purchase of On-Line Crime Report Software
......................... mmmmmm m............_ ..............................._.._......
CATEGORY: BUDGET IMPACT:
X CONSENT 0 ORDINANCE Amount Budgeted: $
0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $
... ...............................""..". ................................................................."....."..,.."'.""""".."""
ATTACHMENTS: Parks, Recreation, Human Services & Public Safety Council Committee Memo on the
recommdation to purchase on-line crime report software from ePoliceDepartment, Inc. ePoliceDepartment software
License Agreement.
.........................................................",.........,,,.......'"'''''''''''''''''''''''''' .....................,..,...."."'...".."",,,....,,.....,..,,,,,,,..............
SUMMARY /BACKGROUND: The Public Safety department requests approval to purchase On-Line Crime Report
software from ePoliceDepartment, Inc., enabling citizens/victims of non-priority crimes in Federal Way the ability to
complete and submit crime reports via the Internet.
This system will provide more efficient service to the citizens and streamline the workload for police employees who
normally handle these types of reports. An on-line crime reporting system frees up officers to be available for in-progress
and high-priority calls.
The on-line crime reporting system can be accessed from any computer with Internet access by going to
www.citvotfederalway.wa.gov/policereportJ. The police department will also install a computer in the Police lobby so
citizens may walk in and tile reports on-line. Other public access computers are available at various libraries through the
City and County to serve the citizens without Internet access. Citizens will be able to print a copy of their report for their
records upon completing the report, at no cost. This process is superior to phoned-in reports, which are normally
followed by a public disclosure or insurance request for copies of the case, which takes up to 5 days for processing.
The cost of the system is $15,000, with an annual maintenance fee of $3,000. The funding source is made available from
drug relatcd asset forfeiture funds.
CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize the Public Safety Department to purchase the
On~Line Crime Report software from ePoliceDepartment, Inc and approve the License agreement. Purchase price
$15,000, annual maintenance cost $3,000.
PROPOSED MOTION: "I move approval ofthe purchase of On-Line Crime Report software from ePoliceDeparment,
Inc., to enchance the service to citizens who wish to report non-priority reports via the internet."
CITY MANAGER APPR~"-~ ................................................... .........."..,.,..,.,..''''''''''..'''..............,......................-
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL RILL #
0 DENIED I ST reading
0 TABLED/DEFERRED/NO ACTION Enactment reading
D MOVED TO SECOND READING (ordinances only) ORI>1NANCE #
RESOLUTION #
REVISED - 05/10/2001 - -,-,._."'~., -_.~.
--,
~.1
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: December 5, 2005
TO: Parks, Recreation, Human Services, and Public Safety
VIA: David e 1 anager /..-
FROM: Anne E. Kirk atrick , /,/f ~
U ""
SUBJECT: On-Line Crime Report Software Purchase
Reauest to Purchase
On-Line Crime Reporting software, which enables citizens/victims of non-priority crimes the
ability to complete and submit a report via the Internet.
Backl!round
For approximately one year the police department has been looking at various ways to accept
simple crime reports via the Internet. After reviewing numerous systems, we are ready to
propose a system from ePoliceDepartment. This system will provide better and faster service to
citizens and streamline the workload for police employees who normally handle these types of
reports.
There are many advantages to the system we plan to implement. Citizens will be able to print a
copy oftheir report for their records upon completing the report, at no cost. Citizens will also be
able to file reports at their leisure and not have to wait for an officer to respond or talk on the
telephone. The On-Line Crime Reporting System will help free up officers so they will be more
available for in-progress and high-priority calls.
The On-line Crime Reporting system can be accessed from any computer with Internet access by
going to www.citvoffederalwav.wa.gov/policereport/. The police department will also install a
computer in the Police lobby so citizens may walk in and file reports on-line. Other public
access computers are available at various libraries throughout the City and County.
The cost of this system is $15,000, with an annual maintenance fee of $3,000. The vendor ofthis
product is working extensively with our records management vendor, Spillman Technologies to
fully integrate the data from the on-line crime reports into our database. It is anticipated that by
2nd quarter 2006 we will be able to handle over 300 reports per month via the Internet.
The funding source is made available from drug related asset forfeiture funds.
The types of reports that can be filed via the Internet include:
Thefts without suspect information when the property value is under $5,000.
Thefts from automobiles without suspect information.
1
3-\
Attempts to steal a vehicle without suspect information.
Vandalism without suspect information, which is not a hate crime.
Annoying telephone calls without suspect information.
Lost property reports, i.e. cell phones, etc.
Minor damage and/or private property hit-and-run accidents without a suspect
license plate or current location of suspect vehicle.
Staff recommendation
Staff recommends the purchase and implementation of the On-line crime report software.
Committee recommendation
Forward to full council at the December 20,2005, regular meeting to authorize the City Manager
to enter into a license agreement with ePoliceDepartment inc.
APPROVAL OF COMMITTEE R
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, mittee Chair Commi
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License Agreement
This Agreemcnt is made between the City of Federal Way, Washington located at 33325
8lh Avenue South, Federal Way, Washington 98063 hereafter refcrred to as "Licensee"
and ePoJiceDepartment Inc., hereafter referred to as "Licensor" with a principal place of
business at 231 Market Place Suite #520 San Ramon, Ca. 94583
NOW, THEREFORE, IN CONSIDERATION OF THE MUTllAL COVENANTS
AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE
AS FOLLOWS:
1. DEFINITIONS
(a) "Documentation" means technical manuals, training manuals, user guides, and
workbooks, as updated and amended from time to time, provided by Licensor to
assist Licensee with the use of Software.
(b) "Software" means all or any portion of the global version of the binary computer
software programs and updates and enhancements thereto, (including corresponding
source code, unless specifically excluded herein) and Documentation delivered by
Licensor to Licensee. Software includes any third-party software delivered by Licensor
as specified in the Schedule, and modifications made to the Software. Software does not
include source code to third party software. Unless speeificaIJy stated otherwise, all
Software is delivered to Customer only if and when generally commercially available.
(c) "Install" means placing the Software on a computer's hard disk.
(d) "Use" means (i) executing or loading the Software into computer RAM or other
primary memory, and (ii) copying the Software for archival or emergency restart
purposes.
ePoliceDepartment, Inc. license Agreement Page 1 of 15
2. GRANT OF RIGHTS AND SCOPE OF SERVICES
Licensor hereby grants to Licensee a nonexclusive nontransferable license to install and
use the Software on a computer/server in Licensee's possession. Licensee has elected to
maintain the application on Licensee's servers. Licensor also agrees to provide the
services listed in the Scope of Services attached hereto as Exhibit "A" and made a part
hereof.
3. LICENSE TERM
This Agreement and this License are effective when the Agreement is executcd by both
parties and the License granted to the Software remains in force until terminated in
accordance with paragraph 5 of this Agreement.
4. LICENSE FEE
Licensee agrees to pay Licensor the following one time license fee of $15,000.00 and
maintain an annual maintenance contract of$3,000.00 per year on the anniversary date of
this agreement until terminated according to this agreement. Payment of the maintenance
fee for year one is due upon execution of this agreement. The maintenance fee shall
increase no morc than 5% of the previous year maintenance fee for the following two
years. Termination of the License during the year following payment of the annual
maintenance contract amount is not a basis for return of any part of that amount. AJI
payments shall be made within thirty (30) days from the date of invoice by electronic
funds transfer to the ePoliceDepartment account specified in writing, or by check made
payable to "ePoliceDepartment, Inc." and delivered to 231 Market Place Suite #520 San
Ramon, CA 94583.
4.1 Late Payments. All invoices will be sent thirty (30) days prior to their
respective due date. Invoices not paid thirty (30) after their respective due date
will be assessed a 10 % late fee.
4.2 Taxes. In addition to other amounts payable under this Agreement,
Licensee shall pay any and all federal, state, municipal, or other taxes, duties,
fees, or withholding currently or subsequently imposed on Licensee's use of the
Software or the payment of the License Fee to Licensor, other than taxes assessed
ePoliceDepartment, Inc. License Agreement Page 2 of 15
against Licensor's net income. Such taxes, duties, fees, withholding, or other
charges shall be paid by Licensee or Licensee shall provide the appropriatc
authority with evidence of exemption from such tax, duty, fee, withholding, or
charge. If Licensor is required to pay any such tax, duty, fee, or charge, or to
withhold any amount from monies due to Licensor from Licensee pursuant to this
Agreement, Licensee shall promptly reimburse Licensor any such amounts.
5. TERMINATION
Licensee may terminate this Agreement at any time on 90 days written notice to
Licensor. Licensor shall have the right to terminate this License on 14 days written
notice to Licensee if Licensee fails to pay any amount due to Licensor under this
Agreement or if Licensor fails to perform any obligation-required of Licensee under this
License or if Licensee becomes bankrupt or insolvent.
5.1 On termination, Licensee will promptly return all
copies of the Software to Licensor or destroy all of Licensee's copies ofthe
Software and so certify to Licensor in writing within fourteen (14) days of
termination.
6. RIGHTS UPON TERMINATION
Licensor has and reserves all rights and rcmedies that it has by operation of law or
otherwise to enjoin the unlawful or unauthorized use of Software or Documentation.
Upon termination of this License, all rights granted to Licensee Wlder this Agreement
cease and Licensee will promptly cease all use and reproduction of the Software and
Documentation, and Licensee shall return to Licensor or destroy the original and all
copies of the Software and Documentation including partial copies and modifications.
Sections 9, 10, 11, and 12 will survive termination or expiration of this Agreement as wilJ
any cause of action or claim of either party, whether in law or in equity, arising out of any
breach or default.
7. TITLE TO SOFTWARE
Licensor retains title to and ownership of the Software and Documentation and all
ePoliceDepartment, Inc. License Agreement Page 3 ofl5
enhancements, modifications and updates of the Software or Documentation. Licensee
shall not distribute the Software to any persons or entities other than Licensee's
employees, consultants, or contractors. Licensee may not sell the Software to any person
or make any other commercial use of the software. Licensee shall retain all copyright and
trademark notices on the Software and Documentation and shall take other necessary
steps to protect Licensor1s intellectual property rights.
8. MODIFICATION AND ENHANCEMENTS
Licensee will make no efforts to reverse engineer the Software, or make any
modifications or enhancements or derivative works based on the Software without
Licensor's express written consent.
9. WARRANTY
Licensor warrants that from the date of this License, the Software will function given the
original configuration is not replaced or changed by Licensee. Licensor warrants that to
the best of its knowledge, information, and belief: the Software does not contain any
known viruses, back-doors or time bombs, (or similar malicious code), or undocumented
security codes that could prevent Licensee's perpetual use of the Software.
THE WARRANTY GRANTED HEREIN IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
Licensor's entire liability and Licensor's sole and exclusive remedy for breach of the
foregoing warranty shall be, at Licensor's option, to:
. return to Licensee the maintenance fee for the period in which the Software did
not perform according to this warranty, or
. Repair the defects or
. Replace the Software.
10. INDEMNITY
Licensor shall indemnify, hold harmless, and defend, with counsel acceptable to
ePoliceDepartment, Inc. License Agreement Page 4 of 15
Licensee, the Licensee (including its elected officials, officers, agents and employees)
from and against any and all claims (including aJllitigation, demands, damages,
liabilities, costs, and expenses, and including court costs and attorney's fees) resulting or
arising from performance, or failure to perform, under this Agreement.
Claims which trigger Licensor's responsibility under this Section 10 shall include any
claims that the software resulting from the provision of Services pursuant to the attached
Exhibit A Scope of Services infringe any patent, trademark, service mark, copyright, or
accidental or intentional violation of a trade secret or other intellectual property of a third
party not included in this Agreement. Licensor shall, in its reasonable judgment and at its
option and expense: (i) obtain for the Licensee the right to continue using the Software;
or (ii) replace or modify the Software so that it becomes non-infringing while giving
equivalent performance. Licensor shaJl not have any liability for a claim alleging that
any Software infringes a patent or copyright if the alleged infringement was developed
based on information furnished by the Licensee or if the aHeged infringement is the result
of a modification made by the Licensee.
Licensee shall indemnify, hold hannless, and defend, with counsel acceptable to
Licensor, the Licensor (including its officers, agents and employees) from and against
any and all claims (including all litigation, demands, damages, liabilities, costs, and
expenses, and including court costs and attorney's fees) resulting or arising from or
incurred in connection with, Licensee's use or reproduction of the Software pursuant to
this Agreement.
Should any claim subject to indemnity be made against Licensor or Licensee, the party
against whom the claim is made agrees to provide the other party with prompt written
notice of the claim. The indemnifying party will control the defense and settlement of any
claim with respect to which it has a duty to indemnify under this section 10. The
indemnified party agrees to cooperate with the indemnifying party and provide
reasonable assistance in the defense and settlement of such claim. The indemnifying
party is not responsible for any costs incurred or compromise made by the indemnified
party unless the indemnifying party has given prior written consent to the cost or
ePoliceDepartment, Inc. license Agreement Page 5 of 15
compromIse.
11. ATTORNEYFEES
If any legal action is necessary to enforce this License, the prevailing party shall be
entitled to reasonable attorney fees, costs and expenses in addition to any other reliefto
which it may be entitled.
12. CONFIDENTIAL INFORMATION
(a) The term "Confidential Information" shall mean any and all information,
which is disclosed by either party ("Licensor") to the other ("Licensee") verbally,
electronically, visually, or in a written or other tangible form, which either is
identified or should be reasonably understood to be confidential or proprietary.
Confidential Information includes, but is not limited to, trade secrets, computer programs,
software, documentation, formulas, data, inventions, techniques, marketing plans,
strategies, forecasts, customer lists, employee infonnation, financial information,
confidential information concerning Licensor's business, as Licensor has conducted it or
as it may conduct itself in the future, confidential information concerning any of
Licensor's past, current, or possible future products or manufacturing or operational
methods, including information about Licensor's research, development, engineering,
purchasing, manufacturing, accounting, marketing, selling or leasing, and any software
(including third party software) provided by Licensor. Licensor's Confidential
Information shall be treated as strictly confidential by Licensee and shall not be
disclosed by Licensee except to those third parties with a need to know and that are
operating under a confidentiality agreement with non-disclosure provisions no less
restrictive than those set forth herein. TIlls Agreement imposes no obligation upon the
parties with respect to Confidential Information which either party can establish by legally
sufficient evidence: (i) was in the possession 01: or was rightfully known by the Licensor
without an obligation to maintain its confidentiality prior to receipt from Owner; (ii) is or
becomes generally known to the public without violation of this Agreement; (iii) is
obtained by Licensee in good faith from a third party having the right to disclose it without
an obligation on confidentiality; (iv) is independently developed by Licensee without the
ePoliceDepartment, Inc. License Agreement Page 6 of 15
participation of individuals who have had access to the Confidential Information or (v) is
required to be disclosed by court order or applicable law, provided reasonable prior notice
is given to the Licensor. The Licensee shall not obtain, by virtue of this Agreement, any
rights title or interest in any Confidential Information of the Licensor. Within fifteen (15)
days after termination of this Agreement, each party shall certify in writing to
Licensor that all copies of Licensor's Confidential Information in any form, including
partial copies, have been destroyed or returned to Licensor.
(b) Licensor acknowledges that the Licensee is a governmental agency and
may be required to release certain information under requests made according to
provisions of the Public Records Act.
(c) Recipient shall protect the deliverables resulting from Services with at least
the same degree of care and confidentiality, but not less than a reasonable standard of
care, which Recipient utilizes for Recipient's Confidential Information.
(d) The terms of this Section 12 shall survive temlination of this Agreement.
Licensor and Licensee acknowledge that any breach of this Section 12 by Licensee
will irreparably harm Licensor. Accordingly, in the event of a breach, Licensor is
entitled to promptly seek injunctive relief in addition to any other remedies that the
disclosing party may have at law or in equity.
13. RELATIONSHIP BETWEEN THE PARTIES Licensor is, and at all times shall
remain, an independent contractor solely responsible for all acts of its employees, agents,
or sub consultants, including any negligent acts or omissions. Licensor is not Licensee's
agent, and shalJ have no authority to act on behalf of the Licensee, or to bind the Licensee
to any obligation whatsoever, unless the Licensee provides prior written authorization to
Licensor. Licensor is not an officer or employee of Licensee and Licensor shall not be
entitled to any benefit, right, or compensation other than that provided in this Agreement.
14. CONFLICTS OF INTEREST PROHIBITED Licensor (including its employees,
agents, and sub Licensors) shall not maintain or acquire any direct or indirect interest that
conflicts with the performance of this Agreement.
ePoliceDepartment, Inc. License Agreement Page 7 of 15
15. COMPLIANCE WITH LAW AND STANDARD OF CARE Licensor shall
comply with all applicable legal requirements including all federal, state, and local laws
(including ordinances and resolutions), whether or not said laws are expressly stated in
this Agreement. Licensor shall perform services under this Agreement using a standard of
care equal to, or greater than, the degree of skill and diligence ordinarily used by
reputable professionals, with a level of experience and training similar to Licensor,
performing under circumstances similar to those required by this Agreement.
16. INSURANCE Licensor shall, throughout the duration of this Agreement, maintain
insurance to cover Licensor (including its agents, representatives, sub-consultants, and
employees) in connection with the performance of services under this Agreement. This
Agreement identifies the minimum insurance levels with which Licensor shall comply;
however, the minimum insurance levels shall not relieve Licensor of any other
performance responsibilities under this Agreement (including the indemnity
requirements), and Licensor may carry, at its own expense, any additional insurance it
deems necessary or prudent. Concurrently with the execution of this Agreement by the
Licensor, and prior to the commencement of any services, the Licensor shall furnish
written proof of insurance (certificates and endorsements), in a form acceptable to the
Licensee. Licensor shall provide substitute written proof of insurance no later than 30
days prior to the expiration date of any insurance policy required by this Agreement.
16.1 Minimum Insurance Levels. Licensor shall maintain insurance at the
following minimum levels:
16.2 Commercial General Liability coverage in an amount not less
than $1,000,000 general aggregate and $1,000,000 per occurrence for
general liability, bodily injury, personal injury, and property damage.
16.3 Workers' Compensation insurance as required by the State of
California and Employer's Liability Insuranee.
16.4 Errors and Omissions Liability Insurance appropriate to the
consultant's profession. Architects' and engineers' coverage is to be
ePoliceDepartment, Inc. License Agreement Page 8 of 15
endorsed to include contractual liability.
16.5 Endorsements. The insurance policies shall be endorsed as follows:
(a) For the commercial gcneralliability insurance, the Licensee
(including its elected officials, employees, and agents) shall be named as
additional insured.
(b) Licensor's insurance is primary to any other insurance available to
the Licensee with respect to any claim arising out of this Agreement. Any
insurance maintained by the Licensee shall be excess of the Licensor's
insurance and shall not contribute with it.
16.6 Qualifications of Insurers. All insurance companies providing
coverage to Licensor shall be insurance organizations authorized by the Insurance
Commissioner of the State of California to transact the business of insurance in
the State of California, and shall have an A.M Best's rating of not less than
"A:VII."
17. REPORTING DAMAGES If any damage (including death, personal injury or
property damage) occurs in connection with the performance of this Agreement, Licensor
shall immediately notify the Licensee Risk Manager's office and Licensor shall promptly
submit to the Licensee's Risk Manager and the Licensee's Authorized Representative, a
written report (in a form acceptable to the Licensee) with the following information:
(a) name and address of the injured or deceased person(s), (b) name and address of
witnesses, (c) name and address of Licensor's insurance
company, and (d) a detailed description of the damage and whether any Licensee
property was involved.
18. GENERAL PROVISIONS
(a) Complete Agreement: This License together with Exhibit "A", which is
incorporated herein by reference, is the sole and entire Agreemen.t between the
parties. This Agreement supersedes all prior understandings, agreements and
documentation relating to such subject matter.
ePoliceDepartment, Inc. License Agreement Page 9 of 15
(b) Modifications to License: Modifications and amendments to this License,
including any exhibit or appendix hereto, shall be enforceable only ifthey are in
writing and are signed by authorized representatives of both parties.
(c) Applicable law: This License will be governed by the laws of the State of
California. Any suit, claim, or legal proceeding of any kind related to this Agreement
shall be filed and heard in a court of competent jurisdiction in the County of San
Joaquin.
(d) Notices: All notices and other communications given in connection with this
License shall be in writing and shall be deemed given as follows:
. When delivered personally to the recipient's address as appearing in the
introductory paragraph to this License;
. Three days after being deposited in the United States mails, postage prepaid to the
recipient's address as appearing in the introductory paragraph to this License; or
. When sent by fax or telex to the last fax, telex number or E-Mail address of the
recipient known to the party giving notice. Notice is effective upon receipt
provided that a duplicate copy of the notice is promptly given by first-class or
certified mail or the recipient delivers a written confirmation of receipt.
Any party may change its address appearing in the introductory paragraph to this
License by giving notice of the change in accordance with this paragraph.
(e) No Agency: Nothing contained herein will be construed as creating any agency,
partnership, joint venture or other form of joint enterprise between the parties.
(1) Assignment: The rights conferred by this License shall not be assignable by the
Licensee without Licensor's prior written consent. Licensor may impose a reasonable
license fee on any such assignment
(g) Modifications: This Agreement may not be modified orally or in any manner
other than by an agreement in writing signed by both parties.
(h) Waivers: Waiver of a breach or default under this Agreement shall not constitute
a continuing waiver or a waiver of a subsequent breach of the same or any other
provision of this Agreement.
ePoliceDepartment, Inc. Ucense Agreement Page 10 of 15
(i) Headings: The heading titles for each paragraph of this Agreement are included
only as a guide to the contents and are not to be considered as controlling, enlarging,
or restricting the interpretation of the Agreement.
(D Severability: If any term of this Agreemcnt (including any phrase, provision,
covenant, or condition) is held by a court of competent jurisdiction to be invalid or
unenforceable, the Agreement shall be construed as not containing that term, and the
remainder of this Agreement shall remain in full force and effect; provided, however,
this paragraph shall not be applied to the extent that it would result in a frustration of
the parties' intent under this Agreement.
19. SIGNATURES The individuals executing this Agrecment represent and warrant that
they have the right, power, legal capacity, and authority to enter into and to execute this
Agreement on behalf of the respcctive legal entities of the Licensor and the Licensee.
This Agreement shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns.
IN WITNESS WHEREOF, the Licensee and Licensor do hereby agree to the full
performance of the terms set forth herein.
L..icensor: Licensee:
(Signature) (Signature)
Shuangxi Xu
President, ePoliceDepartment, Inc.
(Typed or Printed Name)
Date:
Date:
(Signature)
Randy D. Burkhammer
Secretary, ePoliceDepartment, Inc.
Date:
ePollceDepartment, Inc. License Agreement Page 11 of 15
Exhibit A
Scope of Work
Licensor has designed and built an Online Reporting System for Police Departments
that provides data to a specified database structure. The Online Reporting System uses
the J2EE standard. The system is designed to gather information on crimes from a
member of the general public (user) via an SSL connection. The application will issue a
temporary report number to the user and place the temporary report into all administrative
holding area for review and modification by appropriate administrator. An email is
generated to the user that the report has been submitted. The administratorJogs in via an
SSL connection approves rejects, edits or prints reports as appropriate. Rejecting a report
deletes it from the system and sends an appropriate email to the user. Approving the
report issues a number, places it in a cue to be exported, and does not send an email to the
user. The administrator can download the approved report or print the report out.
A. Setup and Customization
Licensee Responsibilities:
1. Coordinate with Licensor to establish schedule for deployment.
2. Provide website header image and one small image for temporary
citizen report and one small image for final printed PDF report, which
is automaticaJly emailed to citizen after report approval.
3. Load provided HTML pages onto City server which links to
Licensor's servers for the application.
4. Provide Licensor with the schema for the desired file format or
Database schema and account with read /write access.
5. Provide timely responses to Licensor's questions, which may arise
during the setup and custornization process.
ePoliceDepartment, Inc. License Agreement Page 12 of 15
Licensor's Responsibilities:
l. Coordinate with r .iccnsee to establish schedule for deployment.
2. Load provided images onto the Licensor's secure, redundant network
and register Licensee within the network.
3. Provide Licensee with Administrator password and credentials for the
program.
4. Provide sample operational directives, deployment strategies and
sample press release.
a. Licensor wiJI provide contact personnel at other cities currently
using the system as well as provide suggestions for the
deployment of the system.
b. Licensor will provide instructions on the easy setup of a kiosk
for City Police Department Headquarters lobby, etc.
Completion Criteria:
This task is considered complete after Licensor has delivered listed materials and
the software is active and accessible on the Licensee's website.
B. Software Configuration
Licensee's Responsibilities:
1. Coordinate with Licensor for web training session on administering the
program, using the dynamic creation tools, "Triple Lock" login features,
user account including deploying the "Secure side filing feature".
2. Using the administrator account, login in and configure the code tables,
crime types, user account, and dynamic content for Licensee.
3. Test the interface with the Report WritinglRMS application.
ePoliceDepartment, Inc. License Agreement Page 13 of 15
4. Review resulting files with Licensor, document any problems, and
collaborate with Licensor on a plan for corrective action(s).
Licensor's Responsibilities:
1. Coordinate with Licensee for web training ses'sion on administering
the program, using the dynamic creation tools, "Triple Lock" login
features, user account including deploying the "Secure side filing
feature" .
2. Configure export routine for Reporting System Interface / RMS
Interface.
3. Review resulting files with Licensee, document any problems, and
collaborate with Licensee on a plan for corrective action(s).
Completion Criteria:
This task is considered complete when the Desk Officer Online Reporting System is
accessible on the web server, reports can be filed and interfaced into the Report
Writing / RMS.
C. Continuing Maintenance: Licensor will provide remote application support
and updates in accordance with this agreement. Such support is any necessary
assistance for Licensee to operate the system according to current
documentation. Licensee is responsible for the purchase and maintenance of
hardware and software required to support the Desk Officer System within the
Licensee's network. Technical Service Requests may be made by E-Mail at
support@epolicedepartment.com or phone. Response to failures that
substantially or entirely prevent the operation of the software will be within
one business day. All other TSR's shall be resolved within a reasonable period
ePoliceDepartment, Inc. License Agreement Page 14 of 15
MEETING DATE: December 20,2005 ITEM# {jJ~
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CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Proposed 2005-2006 Collective Bargaining Agreement with the Federal Way Police Officers' Guild
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CATEGORY: BUDGET IMP ACT:
D CONSENT D ORDINANCE Amount Budgeted: $
D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $
X CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $
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ATTACHMENTS: Proposed 2005-2006 Collective Bargaining Agreement with the Federal Way Police Officers'
Guild and spreadsheet outlining the City's cost of the proposed agreement.
.... ..,.................".........,..,..""...""",..,"', m....'_....., .mmmmmm...mmm......._..._.... mmmmmmmm.._..........._...... .. ,. ,. "., ..."... ... .,. ........,.. ....,..".....,...,.... .........mm.........._ .mmmmmmm_ ..m......mmmmmm...._ ..mmm..mm...m....._ mmm....mmmmmmm.. mm.....'.."..""',,....... """""""...............
SUMMARYIBACKGROUND: In January 2005, the City and the Federal Way Police Officrs' Guild ("Guild")
commenced negotiations for a successor collective bargaining agreement because the existing agreement expired on
December 31, 2004. The attached proposed agreement is a culmination of several months of collaborative negotiations.
The Guild members ratified the proposed agreement on December 7, 2005.
Council's direction, because of the budget shortfall, was to bargain for some relief on the spiraling health care costs
without compromising the retention and/or recruitment of commissioned officers. The parties worked diligently and
collaboratively to come to the proposed 2005-2006 collective bargaining agreement with the assistance of a mediator.
The duration of the proposed agreement is two years as the parties recognize that the 2007-2008 biennial budget process
will begin in 2006, and how to fund police services in the long term is an issue to be explored.
The financial impact ofthe proposed agreement includes: (1) Enrollment of all members in A WC Dental Plan F effective
1/1/06; (2) each member will pay $15.00 per month towards the cost ofthe dental insurance package; (3) salary
adjustment of 3.5% for 2005, and 3% for 2006; (4) phase out of P3 payment; and (5) a one-time payment by the City of
$60.00 for each member into the Retirees Health Savings Plan.
Iwen Wang, Director of Management Services, prepared the attached spreadsheet detailing the cost of the proposed
agreement.
The City's bargaining team recommends that Council approve the proposed 2005-2006 collective bargaining agreement
with the Federal Way Police Officers' Guild.
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CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
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PROPOSED MOTION: "I move approval ofthe City of Federal Way and Federal Way Police Guild Collective
Bargaining Agreement 2005-2006.
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CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
0 DENIED 1 ST reading
D T ABLED/DEFERRED/NO ACTION Enactment reading
D MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
K:\\AGNDITEN\2005\Gulld CBA
CITY OF FEDERAL WAY AND FEDERAL WAY
POLICE GUILD
Collective Bargaining Agreement
PREAMBLE: The Federal Way Police Guild (IlGuild") and the City of Federal Way
(IlCity") mutually recognize the importance of ensuring the highest level of public
service. The parties agree that it is of paramount importance that they constantly
and vigilantly work to further this goal. The parties are dedicated to provide the
best possible police protection to the citizens of Federal Way, and have entered
into this collective bargaining agreement (the llAgreement") in a spirit of
cooperation and collaboration in an effort to further this goal.
ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP
Section 1. Reco~mition. The City recognizes the Guild as the exclusive
bargaining representative for all employees in the bargaining unit as certified by the
Public Employment Relations Commission.
Section 2. Status at Academy. The provisions of this contract shall not apply
to police officer candidates while they are attending the State required police academy.
Section 3. Guild Membership. It shall be a condition of employment that all
bargaining unit employees shall become members of the Guild and remain members in
good standing or pay an agency fee to the Guild for their representation to the extent
permitted by law. It shall also be a condition of employment that employees covered by
this Agreement and hired on or after its effective date shall, by the thirtieth day following
such employment, become and remain members in good standing in the Guild or pay
an agency fee to the Guild for their representation to the extent permitted by law.
Provided, that employees with a bona fide (as determined by the Public
Employment Relations Commission) religious objection to Guild membership and/or
association shall not be required to tender those dues or initiation fees to the Guild
as a condition of employment. Such employee shall pay an amount of money
equivalent to regular Guild dues and initiation fees to a non-religious charity mutually
agreed upon between the public employee and the Guild. The employee shall
furnish written proof that payment to the agreed upon non-religious charity has been
made. If the employee and the Guild cannot agree on the non-religious charity, the
Public Employment Relations Commission shall approve the charitable organization.
It shall be the obligation of the employee requesting or claiming the religious
exemption to show proof
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December 2, 2005
1
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to the Guild that he/she is eligible for such exemption. All initiation fees and dues
paid to the charity shall be for non-political purposes.
Section 4. Dues Deduction. Upon receipt of written authorization individually
signed by a bargaining unit employee, the City shall deduct from the pay of such
employee the amount of dues as certified by the secretary of the Guild and shall
transmit the same to the Guild within five business days of the issuance of pay checks.
Section 5. List of Emplovees. The City will transmit to the Guild a current
listing of all employees in the bargaining unit within thirty (30) days of request for same
but not to exceed twice per calendar year. Such list shall include the name of the
employee, position, and salary.
Section 6. Hold Harmless. The Guild will hold the City harmless from any
and all liability resulting from the City's compliance with this Article.
ARTICLE 2: MANAGEMENT RESPONSIBILITIES
Section 1. The Guild recognizes the right of the City to operate and manage its
affairs in all respects in accordance with its lawful authority. The City retains the
authority that the City has not expressly delegated or modified by this Agreement.
Section 2. Management rights and responsibilities shall include, but are not
limited to, the following examples:
1. The City and the Department shall retain all rights and authority to which
by law they are entitled.
2. The City shall have the authority to organize and reorganize the
operations within the Department.
3. The Guild recognizes the right of the Department to enforce the
Department Rules and Regulations, and operational procedures and guidelines.
4. The City has the exclusive right to schedule work and overtime work as
required in the manner most advantageous to the City, consistent with the applicable
provisions of this Agreement.
5. The City has the right to assess an employee's performance of their job.
1111
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6. The City has the right to:
a. discipline, suspend, and discharge non-probationary employees
for just cause. Scheduling of disciplinary days off will be at the convenience
of Department operations.
b. to discharge probationary employees for any reason.
Employees who are discharged before completing their probationary period
shall not have access to the grievance procedures of this Agreement to
protest or challenge the discharge, or the reasons therefor.
c. to recruit, hire, promote, fill vacancies, transfer, assign, and
retain employees.
d. to layoff employees for lack of work or funds or other legitimate
reasons.
7. The City has the right to determine business hours, to determine the
starting and quitting times, and to discontinue work that would be wasteful or
unproductive.
8. The City has the right to control the Police Department budget.
9. The City has the right to determine the methods, location, means and
processes by which work shall be accomplished.
10. The City shall have the right to take any and all actions necessary in the
event of an emergency.
Section 3. The parties recognize the City may perceive a need to make
operational changes in areas that are not covered by the above management
responsibilities. In the event the City desires to make such a change in a mandatory
subject of bargaining, the City shall give the Guild at least ten (10) days notice of the
desired change. The Guild may request bargaining of the issue, and the City thereafter
will meet with the Guild in an effort to resolve the issue. Should resolution not be
achieved, either party may request the assistance of a PERC mediator. If mediation is
unsuccessful within thirty (30) days after a mediator is assigned, the issue will
expeditiously be taken to interest arbitration pursuant to the standards contained in
RCW 41.56.
/1//
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December 2, 2005
3
ARTICLE 3: HOLIDAYS
Section 1. Observed Holidavs. On January 1 st of each year, the City shall
bank (provide) eighty-eight (88) hours of holiday pay for each bargaining unit employee
for the following observed holidays:
Day after Thanksgiving
Christmas Day
For employees hired after January 1 st in a given year, the City may prorate the hours to
be banked and shall bank (provide) the number of hours of holiday pay calculated by
multiplying the number of holidays remaining to be celebrated in that year by eight (8)
hours (e.g., for an employee hired on March 1st, sixty four (64) hours calculated by
multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by
eight (8) hours); provided that the City shall not be required to bank hours for a Floating
Holiday for any employee hired after July 1 st during the employee's year of hire. If an
employee permanently leaves the service of the employer before December 31 st of any
given year, the City may deduct banked hours credited to the employee's holiday pay
bank equal to the number of holidays remaining to be celebrated in that year multiplied
by eight (8) hours, as well as eight hours for the floating holiday if the termination
occurs prior to July 1 st of that year.
Section 2. Work on Holidavs. The decision of whether an employee will be
required to work on an observed holiday will be made by the City. Employees working
on Thanksgiving Day, Christmas, New Year's Day (and an additional day each year to
be designated, prior to December 1 st of the previous year, by the City) shall be paid at
time and one half for each hour worked.
Section 3. Use of Banked Holiday Hours. All employees shall make
reasonable efforts to expend their banked holiday hours prior to the end of each year
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(December 315t). Employees may use their banked holiday hours in increments no
smaller than two hours, and shall use all banked holiday hours prior to using any
vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO)
basis.
In the event an employee does not use all of his/her banked holiday hours prior
to December 31 S\ the employee will forfeit the remaining banked holiday hours, except
that an employee may carryover unused banked holiday hours until June 30th of the
following year, if:
a. the employee makes a reasonable effort to use his/her banked holiday
hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by
his/her supervisor, and the employee has written documentation of said effort in the
form of completed Department leave request forms reflecting that the use of banked
holiday hours/pay had been denied by the employee's supervisor, and/or
b. the employee was prevented from using banked holiday hours/pay
because of approved leave resulting from military service, long term disability, work
related injury, or a similar reason.
If an employee is unable to schedule banked carry-over time to be used by June
30th of the following year, the Deputy Chief shall attempt to schedule the banked carry-
over time prior to June 30th of that year. If the Deputy Chief is unable to schedule the
banked carry-over time by June 30th of that year, the City shall, upon the employee's
next regularly scheduled payday, cash out the hours that cannot be further carried-over
under these provisions at the employee's then-current rate of pay.
The City shall track employee use of banked holiday hours and, upon request,
the City shall provide employees and the Guild with annual reports in October of each
year reflecting the amount of banked holiday hours/pay for each bargaining unit
employee.
Section 4. Holidav Schedulin~. The current allocation model for determining
the number of employees that will be allowed off for an observed holiday will continue
to be utilized, provided, however: (a) that the City shall assume full authorized staffing
(as opposed to the number of employees actually employed) and (b) no less than three
(3) employees per squad on each shift shall be allowed off on Thanksgiving and
Christmas.
ARTICLE 4: VACATIONS
Section 1. Vacation Accrual. After six months of continuous service in pay
status, regular, full-time employees shall accrue vacation benefits while in pay status,
based upon their seniority, as indicated in the following table:
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COLLECTIVE BARGAINING AGREEMENT 2005 - 2006
December 2, 2005
5
Full Years of Service Annual Leave
in Hours
96
U of Year 6 120
U of Year 11 128
U of Year 16 148
Section 2. Probationary Employees. At the end of six months of continuous
employment with the Department in pay status, employees shall receive forty-eight (48)
hours of vacation credit. Probationary employees are not entitled to the use of vacation
hours during the first six months of employment.
Section 3. Accrual. Employees with six months of service shall accrue
vacation benefits on a semi-monthly basis, consistent with the City's payroll periods.
Part time regular employees shall accrue vacation leave in accordance with the
vacation leave schedule set forth in Section 1 of this Article, however, such accrual
rates shall be prorated to reflect his/her normally scheduled work week.
Section 4. Vacation Increments. Vacation may be used in two-hour
increments at the discretion of the Chief or his/her appointed designee.
Section 5. Payment Upon Death. In cases of separation by death, payment
of unused vacation benefits shall be made to the employee's estate, or in applicable
cases, as provided by RCW, Title 11.
Section 6. Forfeiture of Vacation. The maximum total vacation accrual is
two times the employee's annual accrual rate.
All employees shall use all of their excess vacation accrual prior to December
31S\ or forfeit the excess, provided, an employee's total vacation accrual may exceed
the maximum stated herein, upon request and with approval of the Department and the
City Manager, if cyclical workloads, work assignments or other reasons as may be in
the best interests of the City prevent the City from scheduling the vacation.
Employees who leave City employment for any reason will be paid for their
unused vacation up to the maximum specified herein, except that employees who
become disabled in the line of duty and retire as a result thereof, shall be paid for all
unused accrued vacation in their account at the time of the termination of their
. employment. Any employee who voluntarily leaves the department and does not give
the City two weeks notice shall forfeit all unused vacation, unless such notice is not
reasonably possible.
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Section 7. Vacation Schedulin~ - Seniority Basis. During January, the
Department shall conduct a bid for vacations for the following year. The bid shall be by
seniority, and conducted by division and shift. All vacation bid requests shall be for
work weeks. Vacation requests submitted subsequent to the vacation bid shall be
granted dependent upon Department needs on a first come, first served basis. The City
shall make the determination of how many employees may be on vacation at anyone
time, provided, however, that the current allocation model for determining the number
of employees that will be allowed off for vacation will continue to be utilized, provided,
however: (a) the City shall assume full authorized staffing (as opposed to the numberof
employees actually employed) and (b) no less than three (3) employees per squad on
each shift shall be allowed off on Thanksgiving and Christmas.
If the City cancels vacation once it has been approved and the affected
employee has incurred non-refundable expenses in planning for the same, the
employee shall be reimbursed by the City for those expenses. Any employee called
back to duty once vacation has begun shall be reimbursed for any additional
transportation costs incurred in returning to duty.
ARTICLE 5: SICK LEAVE
Section 1. Sick leave benefits are accrued by employees based on their
eligibility to participate in either the LEOFF I or LEOFF II systems.
a. LEOFF I employees shall receive temporary disability payments in
accordance with state law.
b. LEOFF " employees shall earn 8 hours paid sick leave per month of
employment, up to a maximum of 1,040 hours.
Section 2. Sick Leave Usa~e. Accrued sick leave benefits may be used by
an employee to avoid loss of pay if the employee is unable to work due to personal
illness or injury, enforced quarantine in accordance with community health regulations,
or the serious injury or illness of a spouse or children living in the employee's
household requiring the employee's presence. Sick leave benefits may be used in one
half-hour increments.
Section 3. Industrial Insurance Leave. If the City advances leave to an
employee, and the state subsequently grants retroactive industrial insurance benefits to
the employee, the employee will make the City whole for its share of the reimbursed
benefits.
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Section 4. Family Care and Death.
a. Bereavement Leave. In the case of death of a member of an employee's
immediate family, regular, full time employees shall be entitled to three (3) days (24
hours) of bereavement leave. Regular, full time employees who have exhausted their
bereavement leave, shall be entitled to use sick leave in the amount of up to three (3)
days when death occurs to a member of the employee's immediate family.
b. Family Care Leave. Employees may use sick leave for family care
purposes in accordance with state law and the City's Employee Guideline.
c. Immediate Family. Immediate family is construed to mean persons
related by blood or marriage to an employee as follows: grandmother, grandfather,
mother, father, step parents, husband, wife, son, daughter, step children, legally
adopted children, brother, sister, and grandchildren.
Section 5. Statement of Physician. The City may reasonably require a
physician's statement for the purpose of assuring that sick leave benefits are being
used in conformance with this article, to verify that an officer has been released to
return to duty, and for FMLA related compliance.
Section 6. Fitness for Duty. The City may require that an employee take a
fitness for duty examination when the City has reasonable doubt that the employee can
perform the essential functions of the job.
Section 7. Phvsical Fitness. The City will discharge its duty to bargain with
the Guild before setting minimum fitness standards for the bargaining unit, and will
bargain the effects of setting the standards, such as testing procedures, etc. This duty
does not apply to individual medical decisions regarding officers.
Section 8. FMLA Leave. For purposes of determining the twelve (12) week
leave period provided by the FMLA, such period shall run concurrent with the
employee's accrued paid leave period.
Section 9. Sick Leave Incentive. In January of each calendar year,
employee sick leave usage will be reviewed. Employees who have not used any sick
leave in the preceding calendar year, and who have been continuously employed
during that entire calendar year, shall be rewarded by having eight (8) additional hours
credited to their vacation account.
Section 10. Shared Leave. An employee may be eligible to receive shared
leave if all of the following conditions are met:
a. The employee suffers, or has an immediate family member suffering from
an illness, injury, impairment, or physical or mental condition which is of an
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2005 - 2006
Decem ber 2, 2005
8
extraordinary or severe nature and which has caused, or is likely to cause, the
employee to go on leave without pay status or to terminate his or her employment with
the City; and
b. The employee has completed one year of employment with the City; and
c. The employee has depleted or will shortly deplete his or her total of
accrued vacation, sick leave, compensatory time, holiday time and/or other paid leave;
and
d. Prior to the use of shared leave, the employee has abided by the City's
sick leave policy; and
e. When appropriate, the employee has diligently pursued and is found to be
ineligible for other disability benefits including workers comp time loss; and
f. The use of shared leave will not significantly increase the City's costs,
except for those costs which would otherwise be incurred in the administration of this
program or which would otherwise be incurred by the Department.
The Chief and the City Manager have the discretion to deny a request for shared
leave. The employee shall be required to provide appropriate medical justification and
documentation both of the necessity for the leave and the time which the employee can
reasonably be expected to be absent due to the condition. Unless otherwise approved
by the Chief or the City Manager the employee's eligibility to receive shared leave will
be limited to the highest total number of hours of his/her own sick leave balance in the
12 months prior to the shared leave request, so that the employee is eligible to receive
a "match" to his/her own accrued sick leave bank. An employee shall not receive more
than the equivalent of one-half of the number of hours in his/her typical work year as
shared leave throughout his/her employment. To the extent possible, shared leave
should be used on a consecutive basis.
Shared leave will be administered in accordance with the Employee Guidelines.
ARTICLE 6: WAGE RATES
Section 1. Waaes. Wage rate shall be as specified in Appendix A.
Section 2. Career Development ProQram. All officers not enrolled in the P3
option as of January 1, 2005, and all officers either electing to switch to the Career
Development Program after January 1, 2005 or who become entitled to the same or
more pay under the Career Development Program than the pay he/she is receiving
under the P3 option after January 1, 2005 will only be eligible to participate in the
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2005 - 2006
December 2,2005
9
Department's Career Development Program. A description of the Career
Development Program is contained in Appendix B.
Section 3. Conversion/Phase Out of P-3. The P-3 Plan will be phased out
bv attrition, over time, in accordance with this section:
a. Effective January 1, 2005, the City will establish a "P-3" pay step. This
pay step shall be 6.25% above the Step E pay rate for Police Officer and shall be
reflected on Appendix A.
b. All officers enrolled in the P-3 option as of January 1, 2005 shall be paid
at the P-3 pay rate. Payment of the P-3 pay rate shall be retroactive to January 1,
2005.
c. Employees have an annual option to switch to the Career Development
Program, but once the Career Development Program is selected the P-3 option will no
longer be available to the employee. The employee will revert to Step E pay rate and
be eligible for the Career Development Program pay in addition to the Step E pay rate.
d. Employees participating in the P-3 option are not eligible to participate in
the Career Development Program.
e. Once an employee is entitled to the same or more pay under the Career
Development Program than the pay he/she is receiving under the P3 option, the
employee will be switched to Career Development. The employee would revert to the
Step E pay rate and be eligible for Career Development Program pay in addition to the
Step E pay rate.
f. Individual goals will not be established and/or be required for employees
participating in the P-3 option as in the past. The Department will continue to use the
process of setting goals for the Department, but will not condition the receipt of the "P-
3" pay rate upon the meeting of such goals.
Section 4. On-Call Pay. Employees assigned as detectives, employees
assigned to the Traffic Unit/Traffic Investigation Unit, and the Bomb Unit shall receive
an additional three (3) percent of the top step wage rate per month as on call pay.
Section 5. Extra-Dutv Pay.
a. Employees assigned as Field Training Officers ("FTOs") shall receive an
additional three (3) percent of the top step wage rate per month, as extra-duty pay for
all time spent in the actual training of employees.
b. Employees assigned as K-9 officers ("K-9") shall receive an additional
three (3) percent of the top step wage per month.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2005 - 2006
December 2, 2005
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c. Employees assigned to SRT shall receive an additional three (3) percent
ofthe top step wage per month. SRT pay shall not be duplicated or pyramided with on-
call pay.
ARTICLE 7: HOURS OF WORK
Section 1. Work Shifts.
a. (i) The Patrol Division will continue to work a 4/10 schedule. Shift starting
hours and the number of positions per shift will be determined from time to time by the
City. The City may institute a power patrol shift (5/8 schedule).
a. (ii) Detectives will work a 4/10 schedule with either Mondays or Fridays off.
In the event of court appearances or operational needs of the Police Department the
City may adjust the shifts and work days of Detectives to minimize overtime expenses
to the City, provided however, that where a Detective's or Detectives' shift or work day
is adjusted because of operational needs of the Police Department, the employee(s)
will be given at least 72 hours advance notice of such adjustment. In the event an
employee or employees are not provided with the notice required by this section, the
employee or employees will be paid overtime for all hours worked outside the
employee's normal shift. Normal work hours will be from 0700-1700. Detectives will be
authorized to work a traditional 5/8 schedule upon request. Except for the rotating on-
call detective assignment, if the City determines to have individual schedules for
detectives that do not have weekends off, the City will initially request volunteers and
then make the assignment by inverse seniority if there are insufficient volunteers.
Detectives and SIU will continue to flex their time when reasonably possible so as to
minimize overtime.
a. (iii) Traffic Officers assigned to the Field Operations Division will work a 4/10
schedule. In the event of court appearances or operational needs of the Police
Department, the City may adjust the shifts and work days of Traffic Officers to minimize
overtime expenses to the City, provided however, that where a Traffic Officer's or
Traffic Officers' shift or work day is adjusted because of operational needs ofthe Police
Department, the employee(s) will be given at least 72 hours advance notice of such
adjustment. In the event an employee or employees are not provided with the notice
required by this section, the employee or employees will be paid overtime for all hours
worked outside the employee's normal shift. Traffic Officers will be authorized to work
a traditional 5/8 schedule upon request.
a. (iv) Canine officers will work a 4/9 schedule but be paid for a 4/10 schedule.
All time spent in the extraordinary care of the dog (e.g., veterinary visits) shall be at the
overtime rate.
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COLLECTIVE BARGAINING AGREEMENT 2005 - 2006
December 2, 2005
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The City may continue the assignment of storefront and Mall officers to a
different schedule. Future non-traditional specialized assignments may also be put on
a different schedule (i.e., 5/8)
b. Reopener. The parties recognize that Federal Way is a relatively new
City and that the police department has only been engaged in patrol operations since
October of 1996. Accordingly, the parties agree that the City may reopen the issue of
shift scheduling with the Guild. Any such bargaining will be handled on an expedited
basis. After 45 days, either party may request a mediator from the PERC. If no
agreement is reached within 30 days of the first mediation meeting, either party may
request the Executive Director to submit the matter to interest arbitration. In such
event, the other party will join in the request. The parties agree to waive the arbitration
panel and agree to select a single arbitrator in accordance with the parties grievance
procedure, and to cooperate in expediting the arbitration procedure.
c. The normal workday shall be inclusive of the thirty minute lunch period for
all members of the bargaining unit. Officers in investigations will flex their schedules so
as to minimize the impact on the City.
Section 2. Shift Biddina. Patrol Officers, Traffic Officers, and Detectives will
bid annually for their work shift and days off based upon seniority. The bid sheets will
be posted for one week, and officers on leave may bid by proxy.
The City may move an officer during the year, or after reviewing the bid results,
based upon reasonable necessity. In making such changes, the City will (when
practicable) initially request volunteers, and thereafter make remaining assignments by
utilizing the least senior officer(s) that meets the Departments' needs.
Section 3. Specialtv Assianments. The assignment of employees to
specialty units shall be made by the City.
Section 4. Shift Trades. With management approval, shift trades may be
made, upon request of the employee. Under no circumstances will a shift trade result
in the payment of contractual overtime, or have any other additional cost to the City.
Section 5. Out of Class. An officer assigned by the City to perform work out
of class (Le. - as a lieutenant) will receive a 7% premium for those hours spent
performing those duties.
Section 6. On-Call.
a. Employees assigned as detectives for CIS and SIU, and employees
assigned to the Bomb Unit may be placed on a rotating, on-call schedule. No detective
is required to act as a back-up or secondary on-call, but the parties recognize when
contacted all detectives are urged and encouraged to accept necessary call-ins.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2005 - 2006
December 2. 2005
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i. The rotating, on-call schedule for employees assigned as
detectives and the procedures for assigning such employees to the rotating, on-call
schedule shall be the rotating, on-call schedule and procedures that are currently being
used for detectives.
ii. The on-call schedule for employees assigned to the Bomb Unit and
the procedures for assigning such employees to the on-call schedule shall be the on-
call schedule and procedures that are currently being used for employees assigned to
the Bomb Unit.
b. Employees assigned to the Traffic Unit/Traffic Investigation Unit may be
placed on a rotating, on-call schedule so long as eight (8) employees are assigned to
the Traffic Unit/Traffic Investigation Unit on call schedule.
i. The Traffic Investigation Unit shall be composed of those
employees assigned to the Traffic Unit and volunteers obtained by the City using the
current procedure used for making specialty assignments.
ii. The rotating, on-call schedule for employees assigned to the Traffic
Unit/Traffic Investigation Unit and the procedures for assigning such employees to the
rotating, on-call schedule shall be same as the rotating, on-call schedule and
procedures that are currently being used for detectives.
c. Employees who are on-call pursuant to an on-call schedule authorized by
this section shall carry a City provided pager or be reachable by telephone, and shall
generally respond within one (1) hour.
ARTICLE 8: OVERTIME
Section 1. Any time worked in excess of the assigned shift shall be paid at the
overtime pay rate. Except in emergency situations, Department approval is required
before working overtime. Overtime shall be paid at time and one-half (1-1/2) times the
employee's regular hourly rate of pay. Overtime shall be accrued in increments of
one-quarter hour, with the major portion of one-quarter hour to be paid as one-quarter
hour.
a. Compensatory time may be accrued by an employee at the time and one-
half (1-1/2) rate in lieu of pay for court time, callbacks, or overtime up to a maximum of
forty (40) hours. The accrual of compensatory time is contingent on approval by the
City.
b. Compensatory time off shall be used in accordance with the provisions of
the Fair Labor Standards Act.
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COLLECTIVE BARGAINING AGREEMENT 2005 - 2006
December 2, 2005
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Section 2. SchedulinQ. The City has the right to schedule overtime work as
required in a manner most advantageous to the Department, consistent with the
requirements of municipal employment and the public safety.
Section 3. Callback. Any employee called back after finishing his/her regular
shift, or called to report on his/her day off for any reason (including being called into
court on matters arising directly from the officer's employment as a police officer), shall
be guaranteed three (3) hours pay at one and one-half (1-1/2) times his/her regular
straight-time hourly rate of pay. If the assignments require time over the three (3) hour
guarantee, all time over the three (3) hours shall be paid at the rate of one and one-half
(1-1/2) times his/her regular straight-time hourly rate of pay.
a. When an officer is called back to work within a three (3) hour period
immediately preceding his/her regular shift, he/she shall be entitled to pay at one and
one-half (1-1/2) times his/her regular straight-time hourly rate of pay from the time of
appearance to the time his/her regularly scheduled shift begins, whatever that period of
time shall be.
b. All court time accumulated which begins when an officer is on duty and
extends past his/her regular shift, shall be compensated at one and one-half (1-1/2)
times the regular straight-time hourly rate of pay for the period following the regular duty
shift.
c. In the event an officer is given less than twelve (12) hours notice of
cancellation of a scheduled off-duty court appearance, he/she shall be entitled to two
(2) hours pay at one and one-half (1-1/2) times their regular straight-time hourly rate of
pay. Notice of cancellation will first be attempted by direct phone message. If no
contact is made, a message to voice mail (either at home orthe Department) indicating
time and date of message shall suffice as notification.
Section 4. The City has elected a 7(K) exemption pursuant to the Fair Labor
Standards Act (FLSA). The City may determine a work period consistent with the 7(K)
exemption, and will pay the overtime rate for FLSA hours worked in excess of the
maximum permitted in that work period, unless overtime pay has already been paid
pursuant to the requirements of this Agreement.
Section 5. Non-PvramidinQ. Premium or overtime pay shall not be
duplicated or pyramided.
Section 6. FLSA Provisions. The City will comply with the hours of work
provisions of the FLSA regarding the determination of compensable time.
POLICE GUILD
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December 2,2005
14
--.-... ---
ARTICLE 9: MEDICAL, DENT AL, AND LIFE INSURANCE PROGRAMS
Section 1. Health Plan. The Employer shall provide LEOFF I employees
such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement
Officers and Firefighters Retirement System Laws of 1969, as revised. The
Employer shall provide a Group Medical and Dental Insurance Plan, including
Medical and Major Medical equivalent to AWC Regence Blue Shield Plan Band
Group Dental Plan equivalent to the AWC Washington Dental Service Plan A for
LEOFF I dependants and for LEOFF II officers and their dependants. Effective
January 1, 2006, the Employer shall provide a Dental Insurance Plan equivalent to
the AWC Washington Dental Service Plan F for LEOFF I dependants and for
LEOFF II officers and their dependants.
a. The Employer shall pay the premiums for employee and dependent
medical, vision, life and dental coverage except as follows:
i. The Employer will not pay any premium for spouses who are
eligible for other coverage through their place of employment.
ii. Employees shall pay ten per cent (10%) of the premium for
dependent medical coverage.
iii. Effective January 1, 2006, the employees will pay fifteen dollars
($15.00) per month toward the cost of the dental care insurance package.
b. The life insurance benefit shall be one (1) time's annual salary to a
maximum of $50,000 for the employee only and does not included dependent
coverage.
c. Employees choosing to participate in an alternative medical plan
offered by the City will have the same dollar amount toward the premium made by
the City as employees participating in the AWC Regence Blue Shield plan.
d. The Employer agrees to a section 125 plan to allow for pretax payment
of employee insurance co-pays by the employee.
Section 2. Supplemental Disability Insurance. The City shall continue to
provide supplemental coverage. The Guild may elect to have a LEOFF II Supplemental
Disability Income Plan: In that event, the Employer shall provide for mandatory payroll
deduction for a LEOFF II disability plan selected and administered by the Guild.
Participation shall be a condition of employment for all LEOFF II employees. Other than
payroll deduction, the City shall have no responsibility for administration of this benefit.
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Section 3. Retiree Health And Welfare Continuation. Any employee retiring
from the service of the City, including any disability retirement, shall be permitted to
purchase AWC retirees coverage provided that: (a) the City continues to provide
coverage through AWC, (b) AWC offers coverage to retirees, (c) the employee pays the
premiums for such coverage (including any additional premium required for dependent
coverage), and, (d) there is no cost to the City.
Section 4. Retirement Health Savinas Plan. The City will establish a
mutually agreed upon, qualified, retirement health savings plan that will at a minimum
provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for
the group of mandatory or elective participation, (c) employee elective contributions, (d)
immediate vesting of all contributions, (e) coverage for all medical expenses permitted
by the I RS for medical expense deductions under Section 213 of the I nternal Revenue
Code, and (f) transfer of an account to a surviving spouse/eligible dependent for use for
eligible medical expenses upon the death of the employee. The City will not make
contributions to the Retirement Health Savings Plan. Each pay period, the City will
reduce each bargaining unit employee's pay by the amount so directed by the
employee and immediately remit the amount so deducted to the qualified retirement
health savings plan. When the retirement health savings plan is established the City
will pay a sixty-dollar ($60.00) one-time contribution into the plan for each currently
employed employee.
ARTICLE 10: MISCELLANEOUS
Section 1. Auto Reimbursement. All employees who have been authorized
to use their own transportation on City business shall be reimbursed for actual mileage
at the then current reimbursement recognized by the Internal Revenue Service.
Section 2. Appearances Before the Civil Service Commission, PERC. or
Labor Arbitrators. Employees who are requested by the City to attend proceedings
before the Civil Service Commission, PERC, or a labor arbitration may attend without
loss of pay. Employees called solely as a fact witness (as opposed to a grievant, etc.),
shall be allowed to testify without loss of pay only during the time of their testimony.
The parties will cooperate in scheduling such witnesses so as to minimize any
disruption to the Department.
Section 3. Guild Neaotiatina Committee. Up to three employees who serve
on the Guild Negotiating Committee shall be allowed time off from duty to attend
negotiating meetings with the City.
Section 4. Guild Business. The Department shall afford Guild
representatives a reasonable amount of time while on-duty to consult with appropriate
management officials, Guild counsel and/or aggrieved employees, provided that the
Guild representatives and/or aggrieved employees contact their immediate supervisors,
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indicate the general nature of the business to be conducted, and requestthe necessary
time off. Such time off will not be allowed whenever the City reasonably determines it
will interfere with Department operations and Guild representatives shall not use
excessive time in handling such responsibilities. The Guild shall give the City as much
advance notice as reasonably possible of such time off requests.
Section 5. Bulletin Boards. The City shall permit the use of a bulletin
board by the Guild for the posting of notices relating to official Guild business, so
long as the matters posted are not inflammatory or otherwise detrimental to the
operations of the Department.
Section 6. Damage of Personal Effects. Employees who, in the line of duty,
suffer damage to personal property and/or clothing, will have same repaired or replaced
at Department expense. Damage caused by ordinary wear and tear will not be
covered, and replacement will be limited to personal effects of regular and ordinary
value (Le.-no Rolex watches).
Section 7. Personnel Files. Employees shall have access to complete copies
of their personnel files at any reasonable time. The employee may request removal of
material that he/she believes is erroneous or irrelevant. If the employee does not agree
with the City's decision, he/she may prepare a statement responding to or supplementing
the material in the file,. and that statement will be placed in the file. Employees may
request that written reprimands be expunged from personnel files after a minimum period
of three years if there is no recurrence of similar misconduct for which the employee was
disciplined during that period. Employees may request that records of more serious
discipline be expunged from personnel files after a minimum period of five years ifthere is
no recurrence of similar misconduct for which the employee was disciplined during that
period. Requests for the expunging of disciplinary references in personnel files, pursuant
to this section, shall not be unreasonably denied. Nothing in this section shall be
construed as requiring the City to destroy any employment records necessary to the City's
case if it is engaged in litigation in any way related to that employee's employment at the
time those records would otherwise be destroyed.
Section 8. Uniforms and EQuipment. As detailed more fully in a
Memorandum of Agreement between the parties agreement on uniforms, all
commissioned officers shall be furnished required uniforms and equipment. Uniforms
shall be dry-cleaned at the City's expense as necessary. Officers assigned by the City
to investigations will be paid an annual clothing allowance of $275.00 which will be
available for the reimbursement of expenses incurred in the purchase of clothing
needed in the investigations unit (sport coats, etc.). Such payment shall be made upon
assignment to investigations and each anniversary date of the assignment to
investigations thereafter.
Section 9. J urv Dutv. An employee required by law to serve on jury duty shall
continue to receive salary for up to forty (40) hours for each separate occasion the
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employee is required to serve, shall be relieved of regular duties, and assigned to day
shift for the period of time so assigned to jury duty. The fees, exclusive of mileage,
paid by the Court for jury duty shall be forwarded to the City. The City shall have the
right to request the court to excuse the employee from any or all jury duty if there are
circumstances that would make the absence of the employee an undue hardship on the
City or other personnel.
When an employee is notified to serve on jury duty, he/she will inform his/her
immediate supervisor as soon as possible, but not later than two weeks in advance,
regarding the dates of absence from regular duties.
Officers who have time remaining on their shift at the time of release or dismissal
from jury duty shall immediately contact their supervisor to determine whether they
should report for duty.
Section 10. PIO / OPS / PSO.
a. The duties currently performed by the Public Information/Crime
Prevention Officer and the duties previously performed by the bargaining unit employee
assigned to the Office of Professional Standards may be assigned to non-bargaining
unit employees employed by the City.
b. Public Service Officers may perform those duties set forth in the
Memorandum dated March 14, 2002, and Special Order 02-003 mutually agreed to by
the Guild and the City.
ARTICLE 11: PROHIBITED PRACTICES
Section 1. Neither the Guild nor the City shall initiate, authorize, or participate
in any strike, work stoppage, work slow-down, lock-outs, or any other organized effort
that interferes with the efficient operation of the Department.
Section 2. Employees covered by this Agreement who engage in any of the
actions prohibited in Section 1 above shall be subject to such disciplinary actions as
may be determined, up to and including discharge and termination, by the City. The
Guild agrees that the level of any such disciplinary action issued by the City shall be
final and binding, and in no case be construed as a violation by the City of any
provision of this Agreement.
ARTICLE 12: REDUCTION-IN-FORCE
Section 1. Lavoff. Employee layoffs shall be made on the basis of job
performance and seniority. Absent significant and material distinctions in job
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performance, the employee with the least amount of seniority shall be laid off first.
Relative job performance shall be determined on the basis of qualifications and job
performance evaluations.
Section 2. Recall. Employees laid off in accordance with the provisions of
this Article will be offered reinstatement into future vacancies of the same classification
in the inverse order of layoff, for a period of one year from the date of layoff. An
employee that has been laid off must keep the City informed of their current address
and phone number. An employee who fails to report for duty within three days of being
recalled (or commits to return within three days, even though he/she can not actually
return for up to two calendar weeks due to the requirement to give notice to an interim
employer), or who rejects an opportunity for reinstatement, shall be removed from the
recall list.
ARTICLE 13: DISCIPLINARY INVESTIGATIONS
Section 1. Disciplinarv Standards. No employee shall be subject to
discipline except for just cause. An employee who engages in off-duty misconduct may
be subject to discipline when: (1) the off-duty misconduct, if known, would harm the
City's reputation in the community; (2) the off-duty conduct materially affects the
employer's business operation; or (3) the conduct is inconsistent with the office that the
police officer holds.
Section 2. Disciplinarv Investiaations. In criminal matters, an employee
shall be afforded those constitutional rights available to any citizen. In administrative
matters relating to job performance, the following guidelines shall be as follows:
a. "Interrogation" as used herein shall mean any questioning by an agent of
the City who is conducting an investigation (as opposed to a routine inquiry) of the
employee being interrogated, when the agent knows (or reasonably should know) that
the questioning could result in employee discipline.
b. Before interrogation, the employee shall be informed of the nature of the
matter in sufficient detail to reasonably apprise him/her of the matter. Nothing herein
shall operate as a waiver of the Guild's right to request bargaining information.
c. Any interrogation of an employee shall be at a reasonable hour,
preferably when the employee is on duty, unless the exigencies of the investigation
dictate otherwise.
d. Any interrogation shall take place at the City Police Department, except
when impractical. The employee shall be advised of their right to and shall be allowed
Guild representation to the extent allowed by the law.
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e. The questioning shall not be overly long and the employee shall be
entitled to such intermissions as are reasonably necessary.
f. The employee shall not be subjected to any offensive language or
abusive questioning, nor shall he/she be threatened with dismissal, transfer or other
disciplinary punishment as a guise to attempt to obtain his/her resignation.
g. The Employer shall not require any employee covered by this Agreement
to take or be subjected to a lie detector test as a condition of continued employment.
Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings,
except by stipulation of the parties to this Agreement.
h, The Department may, and upon request will, tape record any
interrogation. Upon request, a copy of the tape/transcript (if made) will be provided to
the officer.
ARTICLE 14: GRIEVANCE PROCEDURE
Section 1. Grievance Procedure Steps.
a. Any grievance that may arise between parties concerning the application,
meaning, or interpretation of this Agreement, shall be settled in the manner prescribed
by this grievance procedure.
b. A "Grievance" is defined as a claim or dispute by an employee, group of
employees, or the Guild concerning the interpretation or application of the provisions of
this Agreement. Nothing in this procedure shall prohibit an employee from discussing a
complaint directly with his supervisor or department head without representation by the
Guild, as provided by State Law.
c. Should a subject for claim or dispute arise, there shall be no stoppage of
work by employees, but an earnest effort shall be made to settle such claims or
disputes promptly and in the manner hereinafter outlined.
Step 1
An employee or a group of employees claiming to have a grievance shall
discuss the complaint with the immediate supervisor within ten (10) calendar
days of the alleged occurrence, orwhen they reasonably should have known of
the alleged occurrence.
Step 2
The supervisor shall attempt informal resolution of the grievance within
seven (7) calendar days after it is presented.
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Step 3
Provided the grievance is not settled satisfactorily at step 2, it may be
presented to the Police Chief (or designee) by the Guild within seven (7)
calendar days of the supervisor's response or the expiration of the time limit in
step 2. The submission shall be in writing, setting forth the nature of the
grievance, the articles of this agreement allegedly violated, and the requested
remedy.
Step 4
The Police Chief or designee shall attempt to settle the grievance within
ten (10) calendar days after it has been presented, and shall respond in writing.
Step 5
If the grievance is not settled by the Police Chiefwithin the time allowed, it
may be presented in writing to the City Manager, with a copy to the Director of
Human Resources, by the Guild within seven (7) calendar days of the Police
Chief's response or the expiration of the time limit in step 4.
Step 6
The City Manager shall have fourteen (14) days to review the grievance.
If the City Manager does not respond or otherwise settle the grievance within the
fourteen-day period, the grievance shall be automatically advanced to Step 7,
and shall not be forfeited by either party.
Step 7
a. If the grievance is not settled at Step 6, and involves a matter other
than discipline, the dispute will be referred to the negotiating committee of both
parties. The two committees shall meet within ten (10) calendar days to
consider the dispute. At that meeting, all pertinent facts and information will be
reviewed in an effort to resolve the matter through conciliation. If no satisfactory
solution is reached in this step, the matter may be submitted in writing to
arbitration within thirty (30) calendar days of the conciliation meeting.
b. If the grievance is not settled at Step 6 and involves discipline
other than an oral or written warning, the matter may be submitted, in writing, to
arbitration within thirty (30) calendar days of the date that the City Manager's
review is due. Oral and written warnings may only be grieved through step 6 of
this procedure. However, if the City attempts to introduce prior oral or written
warnings in a subsequent discipline case that is subject to arbitration, the City
shall be required to prove that it had just cause to issue those prior oral or
written warnings as well as the instant discipline.
Section 2. Arbitration Panel. The City and the Guild shall try to agree upon a
mutually acceptable arbiter. If the parties fail to agree, they shall request a list of seven
(7) arbiters from the Federal Mediation and Conciliation Service, with all arbiters being
members of the National Academy of Arbitrators. The parties shall alternatively strike
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from the list until only one name remains. The decision of the Arbitrator shall be final
and binding on the parties.
a. The Arbitrator shall make his/her own rules of procedure. The Arbitrator
shall have no authority to amend, alter, or modify this Agreement or its terms, and shall
limit his/her decision solely to the interpretation and application of this Agreement.
b. Each grievance or dispute will be submitted separately except when the
City and the Police Guild mutually agree to have more than one grievance or dispute
submitted to the Arbitrator.
c. The losing party shall bear the expense of the Arbitrator. The losing party
shall be denominated in the award. When there is no winning party, the cost of the
Arbiter shall be borne equally by the parties.
d. All other costs and expenses will be borne by the party incurring them,
including the costs of representation.
e. The Arbitrator shall have thirty (30) days from the close of the hearing to
issue an award.
Section 3. Time Limits. Time limits will be strictly adhered to, but may be
extended by mutual written agreement upon reasonable request, except for situations
where no timely grievance is filed. While forfeiture under this clause will finally resolve
the matter in dispute, it will not establish a precedent between the parties on issues of
contractual interpretation.
Section 4. Multiple Procedures. In the case of disciplinary actions, both
appealable to the Civil Service Commission and grievable under the terms of this
contract, a written election of remedies shall be made after receipt of the Step 6
response. An employee may elect to either pursue an appeal to the Civil Service
Commission or continue with the contractual grievance procedure, but not both. If
mutually agreed, time limits will be extended to complete a reasonable investigation
before the selection of remedies is made. An appeal will be timely under the Civil
Service rules if it is filed within ten (10) days of the completion of step 6 of the grievance
procedure.
Section 5. Step 3 Submission. In those instances where disciplinary action
is based on reasonable evidence of the commission of a crime, or the proposed
discipline involves suspension or termination of the employee, Step 3 of the Grievance
Procedure will be initiated immediately.
Section 6. Just Cause Standard. No employee may be discharged,
suspended without pay, demoted (except as provided below) or disciplined in anyway
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except for just cause. The City may withhold a step increase, for a specified period of
time, if it has just cause.
Section 7. Probationary Period. All newly hired and promoted employees
must serve a probationary period. The probationary period for newly hired employees
shall end one year from the date the employee completes the training academy. The
probationary period for lateral hires shall end six (6) months from the date the employee
is hired. The probationary period upon promotion shall be one year from the date of
appointment. The probationary period shall be extended for the number of work days
equal to the number of work days an employee was absent in excess of 10 work days
during the probationary period; provided that the taking of scheduled and approved
vacation shall not be counted toward the ten day period for promotional probationers.
The probationary period is an extension of the hiring process; therefore, the provisions
of this Article will not apply to employees if they are discharged during their initial
probationary period or are demoted during the promotional probationary period for not
meeting the requirements of the classification. Grievances brought by probationary
employees involving issues other than discharge or demotion may be processed in
accordance with this Article.
Section 8. Parties to the AQreement. In as much as this is an agreement
between the City and the Guild, no individual employee may make use of the provisions
of this Article, except as expressly provided above.
ARTICLE 15: NONDISCRIMINATION
The Employer and the Guild shall not unlawfully discriminate against any
individual with respect to compensation, terms, conditions, or privileges of employment
because of race, color, religion, national origin, age, sex, or disability. Claims of
unlawful discrimination shall not be processed in accordance with the grievance
procedure denominated herein.
The Employer and the Guild agree that they will cooperate in complying with the
Americans with Disabilities Act.
ARTICLE 16: DRUG TESTING
Section 1. Reporting to work under the influence of alcohol and/or illegal drugs,
or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will
result in disciplinary action, including immediate termination. For the purpose of this
policy, substances that require a prescription or other written approval from a licensed
physician or dentist for their use shall also be included when used other than as
prescribed. Each employee must advise the Employer if they are using prescription or
other over-the-counter drugs they know or reasonably should know may impair their ability
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to perform job functions and/or operate machinery such as automobiles. Under
appropriate circumstances the Employer may request the employee to provide written
medical authorization from a physician to perform various essential job functions while
using such drugs.
Any voluntary request by an employee for assistance with his/her own alcohol
abuse problem will remain confidential and shall not be used as the basis for any
disciplinary action provided that the request for assistance is initiated prior to being
identified as impaired through the procedures herein.
The parties recognize the essential purpose of any law enforcement agency is to
enforce the criminal laws. Moreover, the parties recognize the courts have held it would
substantially impair law enforcement agencies if they were required to employ individuals
within their ranks who have violated the very laws said agencies are charged with
enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the
employment of individuals who are or have been engaged in serious criminal conduct,
whether drug related or not.
Section 2. Where a supervisory employee of the City has a reasonable
suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is
abusing the use of prescription or over-the-counter drugs, or is using illegal drugs, the
employee in question will be asked to submit to discovery testing. Such tests include
breath tests, urinalysis and/or blood screens to identify any involvement with alcohol or
such drugs.
An employee who refuses to submit to discovery testing for alcohol and/or illegal
drugs shall be conclusively presumed to be under the influence of alcohol or an illegal
drug for the purpose of administering this Article, and therefore will be subject to discipline,
including immediate discharge.
Section 3. For the purpose of administering this Article the following definition of
terms is provided:
a. Reasonable Suspicion. Reasonable suspicion is based on specific
objective facts and reasonable inferences from those facts, that discovery testing will
produce evidence of a violation of this policy;
b. Under the Influence. In determining whether an employee is under the
influence, the following cutoff levels shall be used for the initial screening of specimens to
determine whether they are negative for these drugs or classes of drugs:
(Nanograms per milliliter) (nglml) Test level
Amphetamines................................. ...............................................1000
Barbiturates... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... '" ... ... ... ... ... ... ...... ...300
Benzodiazepines............ ...... ............... ... ... ...... .......................... ... 300
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Cannabinoids... ... ... ... ... .., ... ... ... ... ... ... ... ... ...... ... ... ... ... ........ ... ... ... ..100
Cocaine metabolites.~. ... ." ." ...... ... ... ... ... ... ... ...... ... ... ........ ...... .,. ......300
Methadone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . ... . . . . . . . . . . . .300
Methaqualone... ... ... ... ... .., ... ... ... ... ...... ... ... ... ...... ........ ... ........ ... ... ...300
Opiates (Codeine)....................................... ................. ... ... ........... .300
Opiates (Morphine)..................................................................... ...300
Phencyclid ine (PCP)........................................................ . . . . .. .. .. .. . . . .25
Propoxyphene..................... ... ...................................... ... ............ ..300
Level of the positive result for alcohol............................... 0.04 blood alcohol
c. Illegal Drugs. All forms of narcotics, depressants, stimulants,
hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or
possession is prohibited or restricted by law.
d. Over~the-Counter Drugs. Are those drugs that are generally available
without a prescription and are limited to those drugs that are capable of impairing the
judgment of an employee to safely perform the employee's duties.
e. Prescription Drugs. All drugs that are used in the course of medical
treatment and have been prescribed and authorized for use by a licensed
practitioner/physician or dentist.
Section 4. If an employee is required to submit to a drug test, the following
procedure shall be followed:
a. The employee shall be given notice of an opportunity to confer with a Guild
representative, if one is readily available.
b. The employee shall be given an opportunity to explain the reasons for the
employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic
substances, or any other reasons known to employee, to the test administrator. The
Guild representative may be present during this discussion.
c. The Employer may request urine and/or blood samples.
d. Urine and blood samples shall be collected at a local laboratory, hospital or
medical facility. The Employer shall transport the employee to the collection site. The
Employer and/or Guild representative may be allowed to accompany the employee to the
collection site and observe the bottling and sealing of the specimen. The employee shall
not be observed by the Employer when the urine specimen is given.
e. All specimen containers, vials, and bags used to transport the specimen,
shall be sealed to safeguard their integrity (upon request, in the presence of the
Employer, employee and Guild representative) and proper chain-of-custody procedures
shall be followed.
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f. The collection of the samples shall be performed at CHEC Medical Center
and the testing at Drug Proof, or at another collection center or laboratory mutually
agreed to by the parties. The results of such tests shall be made available to the
Employer and the Guild.
g. If a specimen tests positive in an immunoassay screen test, the results
must be confirmed by a gas chromatography/mass spectrometry tests. The specimen
must show positive results at/within the following limits on the GC/MS (gas
chromatography/mass spectrometry) confirmatory test to be considered positive:
h. If immunoassay is specific for free morphine, the initial test level is 25
ng/ml.
Section 5. Confirmatory Test.
Marijuana metabolites...... .................................................. .15 ng/ml
Cocaine metabolites... ... ... ... ... ... ...... ... ...... ...... ... ... ... ... ... ....150 ng/ml
Opiates
Morphine............ ......... .......................................... ..300 ng/ml
Codeine...... ............................................................ 300 ng/ml
Phencyclidine.................................................................. ...25 ng/ml
Amphetamines
Amphetamine......................................................... ..500 ng/ml
Methamphetamine.................................................... .500 ng/ml
Section 6. At the employee's or the Guild's option, a sample of the specimen
may be requisitioned and sent to a laboratory chosen by the Guild for testing. The cost of
this test will be paid by the Guild or the employee. Failure to exercise this option may not
be considered as evidence in an arbitration or other proceeding concerning the drug test
or its consequences. The results of this second test shall be provided to the City.
Section 7. The employee and the Guild (upon consent of the employee) shall be
informed of the results of all tests, and provided with all documentation regarding the
tests as soon as the test results are available. Such disclosure shall be in conformance
with the Americans with Disabilities Act.
Section 8. The parties designate Robert Petrie and Samuel Straus as the
Medical Review Officers (MRO) to review all confirmed positive test results and
communicate those results to the Employer. An MRO shall have the responsibility to
determine when an individual has failed a drug test in accordance with the standards
enumerated herein. The MRO shall retain all records of all positive tests for at least five
years and records of all negative tests for at least one year.
Section 9. If the results of the drug test are positive, and support a conclusion
that the employee used an illegal drug, abused the use of a prescription or over-the-
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counter drug, or reported to work while under the influence of alcohol, the employee shall
be subject to discipline, including immediate discharge.
ARTICLE 17: SENIORITY
The term seniority as used in this Agreement will be defined as total service as a
police officer for those officers hired before July 15, 1997, and as total service as police
officers with the City of Federal Way for employees hired thereafter.
ARTICLE 18: SAVINGS CLAUSE
Should any provision of this Agreement be rendered or declared invalid by
reason of any existing or sUbsequently enacted legislation, or by any decree of a court
of competent jurisdiction, such invalidation shall not invalidate the remaining portions
hereof; provided, however, upon such invalidation the parties agree to meet and
negotiate the affected provision(s). The remaining provisions shall remain in full force
and effect.
ARTICLE 19: WAIVER CLAUSE
The parties acknowledge that each has had the unlimited right within the law and
the opportunity to make demands and proposals with respect to any matter deemed a
proper subject for collective bargaining. The results of the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the City and the Guild, for the
duration of this Agreement, each agree to waive the right to oblige the other party to
bargain with respect to any subject or matter not specifically referred to or covered in
this Agreement.
1/1/
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ARTICLE 20: DURATION
This agreement shall be effective until December 31,2006. Except as otherwise
provided by the express terms of this Agreement, all terms and conditions of this
agreement shall become effective on the date of signing.
DATED this day of ,2005.
CITY OF FEDERAL WAY: FEDERAL WAY POLICE GUilD:
City Manager, David H. Moseley Mike Bertucci, Guild President
Approved as to form:
City Attorney, Patricia A. Richardson
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APPENDIX A
WAGES
Police Officer:
Effective January 1, 2005-a 3.5% increase
Step B Step C Step 0 P-3 Step
13-24 mo. (25-36 mo.) 37 -48 mo.
$3994 $4337 $4703 $5425
The 3.5% increase shall be retroactive for employees employed at the date of
ratification by the Guild.
Effective 1/1/2006 The pay steps shall be increased by 3%.
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APPENDIX B
OVERVIEW FOR CAREER DEVELOPMENT PROGRAM
Item 0-5 years 6th-10th years 11th-15th years 16tnyear +
Career
Development 0%* 2.25% 4.25% 6.25%
Program
City Residency 1% 1% 1% 1%
A. A. Degree 2% 4.25% 6.25% 8.25%
Bachelor's 4% 6.25% 8.25% 9.25%
Degree
* Current Employees with less than 5 years or less experience as a commissioned
police officer who are receiving Career Development Pay will be grandfathered and will
continue to receive such pay.
Employees who have a Masters Degree shall receive pay for a Bachelor's
Degree provided however that employees who have a Masters Degree as of January
1, 2005 and have five total years or less of experience as a commissioned police officer
will be grandfathered and will continue to receive 5% education pay. Upon the
beginning of their 6th year, and thereafter, such employees shall receive pay for a
Bachelor's Degree.
Placement on the schedule is based on total years of experience as a
commissioned police officer regardless of whether such experience is with the City or
other jurisdictions.
The steps under this schedule are not cumulative and an employee is only
entitled to the percentages under the step (Le. 0-5 years, 6th _10th years, 11 th -15th years,
16th year+) he/she is currently at.
Officers must be off probation to receive Career Development Pay.
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30
The maximum percentage that an employee may receive through the Career
Development Program is 9.25% including residency.
An employee who is in the Career Development Program and establishes
residency in the City shall immediately begin receiving Career Development Residency
pay. An employee who is in the Career Development Program and leaves residency in
the City shall immediately cease receiving Career Development Residency pay.
The percentages set forth above are calculated on and added to the base rate.
Matrix Requirements (at least one of the following three):
1. Formal education (at least 2 credits) at an accredited college or university,
or
2. Obtain at least 50 hours of specialized or in-service training annually, or
3. Serve in a specialized or collateral assignment.
a. Specialized Assignments: SRT, SROs, Commons, Resource
Centers, FTO, CIS, Traffic Unit, Bomb Unit, K-9, Basic Academy Tac
Officer.
b. Collateral Assignments: Firearms Instructor, Defensive Tactics
Instructor, First Aid Instructor, Motor Instructor, EVOC Instructor, SFST
Instructor, Traffic School Instructor, BAC Instructor, Radar Instructor,
MAlT Team, and such other assignments as mutually agreed by the
parties.
Review of officer performance in the Career Development Program Matrix will
occur at time of the officer's performance appraisal. Failure to meet requirements of
program will result in loss of Career Development Program percentage only for a
minimum of one (1) year. A failure to meet the requirements of the program will not
result in the loss of education and/or residency pay.
In any year in which the City fails to fund or offer training or tuition
reimbursement at the level of public universities in the State of Washington, the
continuing education requirements to participate in the Career Development Program
will be waived.
K:\police\guild\12-2-05 clean final agreement2005-2006.doc
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2005 - 2006
December 2, 2005
31
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON,....
WHEREAS, . . . ; and
WHEREAS, . . . ;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
HEREBY RESOLVES AS FOLLOWS:
Section 1.
Section 4. 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 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.
Res. # , Page I
,
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of ,2005.
CITY OF FEDERAL WAY
MAYOR, DEAN McCOLGAN
ATTEST:
CITY CLERK, LAURA HATHAWAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Revised: 1/9/05
Res. # ,Page 2
MEETING DATE: December 20,2005 ITEM# t.e b.
................................-....... ........,.- ......................................................................-.......
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Health Reimbursement Arrangement/Voluntary Employees' Beneficiary Association (HRA VEBA)
Plan
.............................."." . ......... ... .........................................- ...................................-.......
CATEGORY: BUDGET IMPACT:
D CONSENT D ORDINANCE Amount Budgeted: $0.00
1ZI RESOLUTION D PUBI_IC HEARING Expenditure Amt.: $0.00
lZI CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $0.00
,. ........."",....,...,... .............._........ ...................................................................................................................................._........ m..................................._ ........................................................................ .................................................._.......
ATTACHMENTS: "Voluntary Employees Beneficiary Association Medical Expense Plan for Public Employees in the
Northwest" as Amended and Restated January 1,2005.
...........................................-.......
SUMMARYIBACKGROUND: Non-represented employees will move from the A WC Medical Plan B to the Preferred
Provider Option (PPO) Plan effective 1/1/06. The PPO Plan has a greater annual out-of-pocket maximum. As discussed
and approved in the mid-biennial budget adjustment, the City will make a lump sum contribution into a VEBA account
for each non-represented employee to offset some ofthat risk. This resolution authorizes the City to establish the HRA
VEBA plan for employee groups.
... ..........................................-.......
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
. .. ............. ........................................-....... .. .....,...,...",,,,.,"',.,,., .... ................................................................................................................................................-....... ..........................................................................-.......
PROPOSED MOTION: "I move approval of the attached resolution authorizing the establishment of a health
reimbursement arrangement/voluntary employees' beneficiary association (lIRA VEBA) Plan.
...~.
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED.BY CITY CLE""RKS OJ<r7CEJ
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
D DENIED 1 ST reading
D TABLED/DEFERRED/NO ACTION Enactment reading
D MOVED TO SECOND READING ((Jrdinances only) ORDINANCE #
RESOLUTION #
REVISED _ 05/10/2001 - --- _.w'.__._......__..
RESOLUTION NO.
~'-,-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AUTHORIZING THE
ESTABLISHMENT OF A HEALTH REIMBURSEMENT
ARRANGEMENTNOLUNTARY EMPLOYEES' BENEFICARY
ASSOCIATION ("HRA VEBA") PLAN.
~,.__.~._----~ .-'~~~~~
WHEREAS, the Internal Revenue Code Section 501 (c )(9) allows for the creation of a
voluntary employee's beneficiary association which is an employee sponsored tax-exempt health and
welfare trust; and
WHEREAS, IRS guidelines and regulations allow an employer to offer Health
Reimbursement Arrangement ("HRA") plans; and
WHEREAS, such HRA plans are available to governmental employees in the
Northwest; and
WHEREAS, The Voluntary Employees' Beneficiary Association for Public
Employees in the Northwest Trust ("Trust") offers and will administer an HRA entitled "Voluntary
Employees Beneficiary Association Medical Expense Plan for Public Employees in the Northwest"
as Amended and Restated January 1, 2005 ("Plan"); and
WHEREAS, The City of Federal Way ("City") has determined that establishing an
HRA plan which provides a tax~free defined contribution amount for employees to pay for medical,
dental, vision, and tax qualified long tenn care premiums and out~of-pocket expenses is in the best
interest of the City and its employees; and
WHEREAS, the City desires to establish an HRA plan for its employees, and
Res. # _, Page 1
WHEREAS, the City desires to use the services of the Trust to administer such Plan;
and
WHEREAS, such HRA established by the City will be administered in accordance
with the Plan documents provided by the Trust on file in the City office.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. Plan Established. Effective, January 1, -2006, the City hereby elects to
participate in the Plan and Trust as presently constituted or hereafter amended using the Trust as its
plan administrator for the benefit of eligible City employees as defined by employer policies or
collective bargaining agreements.
Section 2. Plan Funding. The Plan will be funded by employer contributions in
amounts determined from time to time pursuant to employer policies and collective bargaining
agreements.
Section 3. Plan Administration. The Human Resources Manager is authorized to
execute documents and establish procedures consistent with Plan and Trust provisions and applicable
employer policies and collective bargaining agreements necessary to effect the adoption and
administration of the Plan.
Section 4. 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.
Res. # _, Page 2
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective January l, 2006.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this day of ,2005.
CITY OF FEDERAL WAY
--
MAYOR, DEAN McCOLGAN
ATTEST:
CITY CLERK, LAURA HATHAWAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
k: \reso \ veba
rev. 12/6/05
Res. #~, Page 3
.
.
"
//----\ VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION
1 i MEDICAL EXPENSE PLAN I<'OR PUBLIC EMPl..OYEES IN THE NORTHWEST
AS AMENDED AND RESTATED
January 1, 2005
Article I.
Name, Documents & Definitions
1.1 Name. The name of this Plan is the VOLUNTARY EMPLOYEES'
BENEFICIARY ASSOCIATION MEDICAL EXPENSE PLAN ("Plan"). It is offered by a
Voluntary Employees' Beneficiary Association under Internal Revenue Code ~ 501(c)(9).
1.2 Plan Documents. This Plan Document, together with the Trust Instrument, the
individual Membership Enrollment FornI, and the Employer Adoption Agreement shall constitute
the Plan Documents. This Plan Document is hereby amended and restated and replaces the prior
Plan document in its entirety.
1.3 Definitions.
1.3.1 "Administrator" means an Administrator appointed or contracted by the
Trustees from time to time to administer all or a portion of the Plan.
e--) 1.3.2 "Depcndent" means Employee's spouse or dependent as determined
under IRC ~ I 05(b).
1.3.3 "Effectivc Datc" for this Plan document shaH be January 1, 2005.
1.3.4 "Employee" means any current or former employee of the Employer, as
defined by Treasury Regulation ~ 1.50 I (c)(9)-2(b), except employees excluded as a result
of collective bargaining agreements, agreements substantially similar to collective
bargaining agreements, or as a result of an individual Employers' nondiscriminatory
employee benefits policies.
1.3.5 "Employer" means a county, city, or town, or special district, or similar
entity in Washington, Oregon, and Idaho, whose pUrpose is to provide public services to its
citizens, and is authorized to do so by state statute.
1.3.6 "Fiduciaries" under this Plan are the Trustees and the Administrator.
1.3.7 "IRC" means the Internal Revenue Code of 1986, as amended from time
to time.
1.3.8 "Investment Account" means any investment account established by the
Trustees to fund benefits. The Trustees' power to invest funds is described in the Trust.
~
Plan Document (Amended 1105) I
I
.
".'4'
1.3.9 "Medical Benefits" refers to payments or reimbursements for health
benefits as described in Section 5.1.
1.3.10 "Membership Enrollment Form" means the form provided by the
Trustees that must be completed by the Employee in order to participate in this Plan.
1.3.11 "Participant" means an Employee for whom deposits have been received
by the Trust.
1.3.12 "Participant's Account" refers to the account maintained for a Participant
to record his/her share of the deposits of the Employer and adjustments relating thereto.
1.3.13 "Plan Year" is from October I to September 30, except the first year for
this Plan with an effective date other than October I shall run from such effective date
until the next September 30.
1.3.14 "Retirement Al!e" shall be the same as the retirement age specified by the
Employer, and as amended from time to time.
1.3.15 "Severance" means a Participant's voluntary or involuntary termination
of Service for any reason other than retirement, death or disability.
1.3.16 "Trust or Trust Agreement" refers to the Trust which the Trustees
adopted October 21, 1999, as an amended and restated document, together with all (~)
subsequent amendments and restatements thereto.
1.3.17 "Trustees" refers to the individuals serving as Trustees in accordance
with the Trust.
Article II.
Participation
2.1 In General. Subject to the limitations of Section 2.2, and subject to the
eligibility provisions of applicable local and State law, an Employee becomes a Participant under
this Plan at the time of the first Employer deposit to this Plan on behalf of the Employee, and
proper completion of a Membership Enrollment Form.
2.2 Limitations. This Plan does not permit any condition for eligibility or benefits
which would discriminate in favor of any class of Participants to the extent such discrimination is
prohibited by applicable law.
2.3 Duration of Participation. Once an Employee becomes a Participant in the
Plan, his/her participation shall continue as long as funds remain in hislher Participant's Account.
~)
Plan Document (Amended lfOS) 2
......--.,......., Article III.
t , f'undin2 of Benefits
I
/
3.1 Contributions. Each individual Employer shall contribute to this Plan on
behalf of participating Employees on terms pursuant to each Participating Employer's sick leave
conversion program, flat rate contribution program, or any other Employer sponsored program
permitting contributions to this Plan and Trust. Employer contributions shall be specifically
allocated to each Participant's Individual Account for the purpose of providing for payment of the
benefits described hereinafter. An Employer's liability for payment of benefits provided in this
Plan shall be limited to the amount of its Employer contributions.
Article IV.
Allocation to Participant's Accounts
4.1 Participant's Account. A separate account shall be maintained by the Trustees
for each Participant, and the income, losses, appreciation, depreciation and withdrawals for
expenses or benefit payments attributable to his/her account. The Trustees shall not be required
to maintain separate investments for any account.
4.2 Receipt of Deposits. Deposits for any Plan Year will be credited as received by
the Trustees.
4.3 Accountine Steps. As of each calendar month, the Administrator shall:
(~) 4.3.1 FIRST, charge to each Participant's Account all fees, payments or
distributions made under this Plan t6 or for the benefit of the Participant or his
\-.... beneficiary that have not been charged previously;
4.3.2 SECOND, adjust each Participant's Account upward or downward, by an
amount equal to the net income or loss accrued under this Plan by the Account; and
4.3.3 THIRD, allocate and credit any Employer deposit to this Plan that is
made during the month to a Participant's Account.
Article V.
Medical Benefits
5.1 Description. Medical Benefits must be payments or reimbursement for health
benefits as defined by IRC ~213(d) and excludable from income under IRC ~105 and 106, as
amended from time to time. Reimbursements for health benefits are limited to health benefits not
provided by Social Security, Medicare, or any other medical and health insurance contracts held
by the Participants, their Dependents, or the Employer, and the reimbursements may not be made
for items paid by any other insurance contract or for expenses that are deducted by the Participant
under any other section of the Internal Revenue Code.
5.1.1 Commencement of Benefits. Medical Benefits conunence for expenses
incurred on or after the date the Administrator receives a deposit on behalf of a
Participant and in accordance with any limitations contained in the Plan Documents.
,
. )
~
Plan Document (Amended 1/05) 3
.
,
5.l.2 Expenses. Medical Benefits are payable for expenses incurred by the ..,...-~-
Participant or the Participant's Dependents. ,.
t j
5.l.3 Payment of Benefits. Insurance premium payments may be paid by the
Administrator directly to insurance companies, health maintenance organizations or
preferred provider organizations or to the Employer tor COBRA benefits, or may be
reimbursed directly to the Participant. Payments for Medical Benefits may be made
directly to the service provider, or reimbursed to the Participant. Reimbursements shall
be made in accordance with rules and regulations established by the Administrator from
time to time.
5.104 Termination of Benefits. All Medical Benefits will terminate when the
Participant's Account has no funds remaining. Notwithstanding the above, after the death
of the Participant's last Dependent, any funds then remaining in the Participant's Account
shall be used for Medical Benefits for the Participant's heir(s).
5.1.5 Funding Limitations. Deposits made on behalf of each Participant for
Medical Benefits provided by this Plan shall not exceed the amount anticipated to be
necessary to provide current supplemental Medical Benefits and post-retirement Medical
Benefits for the Participant and the Participant's Dependents.
Article VI.
General Provisions
6.1 Source of Benefits. The Plan's obligation to any Participant for Medical
Benefits, or to any surviving spouse or Dependent or heir for Medical Benefits in the event of the 0
Participant's death under the Plan shall be limited to the balance in such Participant's Account.
Neither the Sponsors, its agents, officers, or employees, nor the Trustees or Administrator shall be
responsible for any Medical Benefits under the Plan.
6.2 Participant's Accounts. The Trustees shall determine the options to be made
available through the Trust for the investment of Participant Accounts, and Participants shall elect
one or more of the options. Participant elections shall be made and changed in accordance with
procedures established by the Trustees and as may be amended from time to time.
6.3 Mechanics of Payment. The Participant, or in the event of the Participant's
death, a spouse or Dependent's guardian, or if no spouse or Dependent(s) remain eligible to file
claims, the Beneficiary may submit a request for eligible benefits to the Administrator for the
Trustee:
6.3.1 To pay Medical Benefits directly to an insurance company, health benefit
plan, HMO or PPO for qualified insurance premiums, including tax-qualified long-term
care premIUms; or
6.3.2 To pay Medical Benefits to the Employer for qualified COBRA premium
payments; or
6.3.3 To pay Medical Benefits to the Participant for reimbursement of qualified
medical expenses and/or premiums; or
U
Plan Document (Amended 1/05) 4
6.3.4 To pay the Participant out of pocket premium expenses for Medicare
.....'-"..........,
, Coverage
\ }
6.3.5 In the event written notice of a denial of a request for Medical Benefits is
not provided the claimant in the manner set forth in paragraph 6.3.4, the request shall be
deemed denied as of the date on which the Administrator's time period for rendering its
decision expires.
6.3.6 Any claimant whose request for Medical Benefits has been denied, in
whole or in part, or such claimant's authorized representative, may appeal said denial of
Plan benefits by submitting to the Administrator a written request for a review of such
denied claim. Any such request for review must be delivered to the Administrator no
later than sixty (60) days from the date the claimant received written notification of the
Administrator's initial denial of the claimant's request for Medical Benefits or from the
date the claim was deemed denied, unless the Administrator, upon the written application
of the claimant or his authorized representative, shall in its discretion agree in writing to
an extension of said period.
6.3.7 During the period prescribed in paragraph 6.3.6 for filing a request for
review of a denied claim, the Administrator shall permit the claimant to review pertinent
documents and submit written issues and comments concerning the claimant's request for
Medical Benefits.
6.3.8 Upon receiving a request by a claimant, or his authorized representative,
:) for a review of a denied claim, the Administrator shall deliver the complete file to the
Trustees, who shall consider such request promptly and shall advise the claimant of their
decision within sixty (60) days from the date on which said request for review was
received by the Administrator, unless special circumstances require an extension of time
for reviewing said denied claim. In the event special circumstances require an extension
of time for reviewing said denied claim, the Administrator shall, prior to the expiration of
the initial 60-day period referred to above, provide the claimant with written notice of the
extension and of the special circumstances which require such extension and of the date
by which the Trustees expect to render their decision. In no event shall such extension
exceed a period of one hundred twenty (120) days from the date on which the claimant's
request for review was received by the Administrator. The Trustees' decision shall be
furnished to the claimant and shall:
6.3.8.1 Be written in a manner calculated to be understood by the
claimant;
6.3.8.2 Include specific reasons for their decision; and
6.3.8.3 Include specific references to the pertinent Plan provisions
on which the decision is based.
6.3.9 The Trustees may, in their discretion, determine that a hearing is required
in order to properly consider the claimant's request for review of a denied claim. In the
event the Trustees determine that such hearing is required, such determination shall, in
and of itself, constitute special circumstances permitting an extension of time in which to
~ consider the claimant's request for review.
Plan Document (Amended 1105) 5
\
,
6.3.10 The claims procedures set forth in this Article 6 shall be strictly adhcred
to by each Participant or Dependent under this Plan, and no judicial or arbitration
proceedings with respect to any claim for Plan benefits hereunder shall bc commenced by
any such Participant or Dependent until thc proceedings set forth herein have been
exhausted in full.
Article VII.
Administrator
7.1 Riehts & Duties. The Trustees shall enforce this Plan in accordance with its
terms and shall be charged with its general administration. The Trustees may delegate
administrative duties to the Administrator. The Administrator shall exercise all of its discretion
in a uniform, nondiscriminatory manner and shall have all necessary power to accomplish those
purposes, including but not limited to the power:
7.Ll To determine all questions relating to the eligibility of Employees to
participate.
7.1.2 To compute and certify to the Trustees the amount and kind of benefits
payable to the Participants and their Dependents.
7.1.3 To maintain all the necessary records for the administration of this Plan
other than those maintained by the Trustees.
7.1.4 To prepare and file or distribute all reports and notices required by law.
()
7.1.5 To authorize all the disbursements by the Trustees from the Trust.
7.1.6 To direct the investments to be made by the Trustees in a manner
consistent with the objectives ofthe Plan and authorized by the Trust.
7.1.7 To make and publish such rules for the regulation ofthis Plan that are not
inconsistent with the terms hereof.
7.1.8 If an Administrator has been named, it shall assume and perform each
and every duty and responsibility delegated to it by the Trustees.
7.2 Information. To enable the Administrator to perform its functions, the
Employer shall supply it with full and timely information on all matters relating to Employer
deposits on behalf of a Participant and Participant entitlement to benefits. The Administrator
shall maintain such information and advise the Trustees of such other information as may be
pertinent to the Trustees' administration of the Trust.
7.2.1 The Trust shall fOlWard to each Participant information necessary to use
the Participant's Account and receive reimbursement of Medical Benefits. The
information will include a sununary of the Plan, including claim procedures and forms.
7.2.2 The Trust shall also mail a written acknowledgement to the Participant
within a reasonable amount of time after receipt of the deposit, acknowledging
U
Plan Document (Amended 1105) 6
establishment of the Participant's Account; confirmation of the amount received, a
~ description of the Plan and infonnation on filing claims with copies of the necessary
forms, and a toll-free contact telephone number for error corrections or questions.
7.2.3 The Trust shall provide a written statement prepared upon the
Participant's request, at least semi-annually in January and July for each Participant,
which shall include the following information: Participant's name and address; account
number; contributions; total Account value at statement date; interest earned or other
shared gain or loss; payout and disbursement activities, ending/forward balance; toll-free
contact telephone number for error corrections or questions on rcading the statement.
7.3 Compensation & Expenses. All expenses of administering the Plan shall be
paid by reasonable reductions of investment earnings and/or assessments from the Participant's
Accounts, allocated in a nondiscriminatory manner along similarly situated employees, as
determined by the Trustees from time to time. The Employer shall not be responsible for any
such expenses.
7.4 Consultants. Advisors & Mana2ers. The Trustees may employ such
consultants, advisors, and investment managers as it reasonably deems necessary or useful in
carrying out its duties hereunder. all of which shall be considered expenses of administering the
Plan.
7.5 Liability Limitation. The Employer and the Administrator shall not be liable
for the acts or omissions to act of any investment manager appointed to manage the assets of the
('-) Plan and Trust. The Trustees shall not be liable for the acts or omissions to act of any investment
manager appointed to manage the assets of the Plan and Trust if the Trustee in appointing such
'-- manager acted with the care, skill, prudence and diligence under the circumstances then
prevailing that a prudent person would use in the conduct of an enterprise of a like character and
with like aims. /
7.6 Notices & Directions. The address for delivery of all communications shall be,
for the Employer, the principal office of the Employer marked to the attention of the Personnel
Director of the Employer (or other person designated by the employer), for the Administrator, the
address certified by it for such purpose, and for the Trustees, the address certified by it for such
purpose.
7.7 Fundin2 Policv & Procedures. The Trustees shall formulate policies, practices,
and procedures to carry out the funding of the Plan, which shall be consistent with the Plan
objectives and the provisions of applicable law.
Article VIII.
Amendment & Termination
8.1 Permanencv. It is the expectation of the Employer that this Plan, and the
payment of deposits hereunder, will be continued indefinitely, hut continuance of this Plan is not
assumed as a contractual obligation of the Employer. This Plan may be amended or terminated
only as provided in this Article.
8.2 Exclusive Benefit Rule. It shall be impossible for any part of the deposits under
~~J this Plan to be used for, or diverted to, purposes other than the exclusive benefit of the
Participants or their Dependents.
Plan Document (Amended 1/05) 7
.
t
8.3 Amendments.
8.3.1 The Trustees shall have the right to amend this Plan from time to time,
and to amend or cancel any such amendments in accordance with Article III of the Trust.
8.3.2 Such amendments shall be as set forth in an instrument in writing
executed by the amending party. Any amendment may be current, retroactive, or
prospective, in each case as provided herein and provided, however, that such
amendment must comply with Article III of the Trust Agreement.
8.4 Discontinuance of Contributions. The Employer shall have the right to
discontinue contributions without prior notice by delivering written notice of termination to the
Trustees.
8.5 Termination of Plan. The Employer shall have the right to terminate this Plan
without prior notice by delivering written notice of termination to the Trustees. In case of
termination, the Employer shall also notify the Trustees of the Employer's decision with regard to
disposition of the assets, based on the following options:
a. A direct in-kind transfer of assets to a substantially similar 50 I (c )(9) trust;
b. A series of installment payments over a set period of the assets from the
Trust attributable to this Plan to another 501(c )(9) trust; or
c. An immediate cash payment to another 501(c)(9) trust or another program C)
providing medical benefits for the Participants of this Plan and their
Dependents, subject to any contractual adjustments due upon such a transfer.
In any event, the Employer and the Trustees shall work to prevent adverse consequences
to other Employers contributing to and Participants in the Trust as a result of the Employer's
decision with respect to these options. The Terminating Employer agrees to pay the Trust all
reasonable costs resulting from the disposition and transfer of the assets that are not covered by
the Participants' Account.
Article IX.
Miscellaneous
9.1 The Trust. This Plan, the Trust, and the Membership Enrollment Form are all
parts of a single, integrated employee benefit system and shall be construed together. In the event
of any conflict between the terms of this Plan and the Membership Enrollment Form and the
terms of the Trust, such conflict shall be resolved first by reference to the Trust, except as more
specifically addressed in the Plan, then the Plan, then the Membership Enrollment FornI.
()
Plan Document (Amended 1105) 8
,.......~......,....,... 9.2 Applicable Law. Except as required in 9 514 of the Employee Retirement Income
{ ) Security Act of 1974 ("ERISA"), this Plan shall be construed, administered, and governed under
the laws of the, State of Washington. If any provision of this Plan shall be invalid or
unenforceable, the remaining provisions hereof shall continue to be fully effective.
9.3 Gender & Number. WordS used in the masculine shall apply to the feminine
where applicable, and when the context requires, the plural shall be read as the singular and
singular as the plural.
9.4 Headings. Headings used in this Plan are inserted for convenience of reference
only, and any conflict between such headings and the text shall be resolved in favor of the text.
9.5 Unclaimed Accounts. In the event 3 years shall have passed since the date that a
Participant Account which is payable has had contributions made to it, withdrawals made from it,
or communications or other expressions of interest received by the Administrator from or on behalf
of the Participant, the participant Account shall be disposed of in accordance with the applicable.
state statute for unclaimed or abandoned property.
9.6 Limitation on Rit!hts. Neither the establishment of this Plan, nor any
modification or amendment thereof, nor the payment of any benefits, nor the issuance of any
insurance Contracts shall be construed as giving any Participant, or any person whomsoever, any
legal or equitable right against the TrusteeS; the State of Washington, its agencies, officers,
employees, and institutions of higher education; Oftlte Employer nor any right to the assets of the
() Plan.
"
-,
9.7 Assi!!nrneot. The interest of any Participant in any assets held on his behalf by
the Trustee shall not be subject to assigrunent or alienation, either by voluntary or involuntary act
of the Participant or by operation of law, and shall not be subject to assigrnnent, attachment,
execution, garnishment, or any other legal or equitable process.
9.8 Counterparts. This Plan may be adopted in an original and any number of
counterparts, each of which shall be deemed to be an original of one and the same instrument.
IN WITNESS WHEREOF, Andy Michels, Chairman of the Board of Trustees, being
duly authorized, on this 26th day of January, 2005 signed this Plan Document.
By: $-1IIsL-
Andy Michels
Approved:
KA TTEN MUCIDN ZA VIS ROSENMAN
\ By: a~ l..~tJS
~.J Russell Greeqbla.
Trust AttomV
Plan Document (Amended lIOS) 9
MEETING DATE: December 20, 2005 ITEM# (j. G
............. ..............................._ ... m .....................___..... ....""........ """"u"..........,,............
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: State of Washington Employee's Deferred Compensation Program
. ... . m......................_....._....... .......................................__...._ mmm___mm................................_...._.......
CATEGORY: BUDGET IMPACT:
o CONSENT 0 ORDINANCE Amount Budgeted: $0.00
[8J RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $0.00
[8J CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $0.00
........................................................._.......... ...n. ...........".....
A TT ACHMENTS: State of Washington Deferred Compensation Program Regulations
SUMMARY/BACKGROUND: Currently the City provides the opportunity for employees to participate in the lCMA
457 Deferred Compensation plan. Employees have requested that the City also provide the State of Washington Deferred
Compensation plan as an alternative. Both plans are optional benefits, funded only with employee contributions. This
resolution authorizes the City to establish the State of Washington Deferred Compensation Program as another option for
employee retirement savings.
. ..........""."",,,....,,..... . .................................................................................................................................................................-.........
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
. ..... .. ................................ ........._....... m...........,................... ..,."."""""..."....".,... .. ..... mmmm..mmmmm.mmmmmmm._....m m.mmmm..m.._. ......mmmmmm.............mmm..m.mmmm_.......
PROPOSED MOTION: "I move approval of the attached resolution authorizing the establishment ofthe State of
Washington Deferred Compensation Program."
-~
CITY MANAGER APPROVAL:
,
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED COUNCIL BIl,L #
o DENIED 1 ST reading
o T ABLED/DEFERRED/NO ACTION Enactment reading
o MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED ~ 05i10i2001
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON AUTHORIZING THE ESTABLISHMENT OF A STATE OF
WASHINGTON EMPLOYEE'S DEFERRED COMPENSA nON PLAN.
WHEREAS, the City of Federal Way was formed in accordance with RCW 35.02
on February 28, 1990; and
WHEREAS, the Department of Retirement Systems Deferred Compensation
Program, in accordance with RCW 41.50 770, administers the deferred compensation
plan for the employees of the State of Washington as outlined in WAC Chapter 415-501;
and
WHEREAS, RCW 41.50.770 permits Counties, Municipalities and other political
subdivisions to participate in the State of Washington Employee's Deferred
Compensation Plan; and
WHEREAS, the City of Federal Way has reviewed the State plan and agrees to
accept all terms and conditions of the State plan as established and hereafter amended;
and
WHEREAS, the City of Federal Way understands and agrees that all monies
deferred by its employees arc held in trust by the Washington State Investment Board for
the exclusive benefit of program participants and eligible beneficiaries;
NOW THEREFORE, THE CITY OF FEDERAL WAY HEREBY RESOLVES
AS FOLLOWS:
Section 1. RCQuest to Participate. The City of Federal Way requcsts
approval by the Department of Retirement Systems, Deferred Compensation Program to
participate in the aforementioned deferred compensation plan for the employees of the
Res. # _' Page 1
City of Federal Way, subject to the requirements ofRCW 41.50.770 and WAC Chapter
415-501.
Section 2. Severability. If any section, sentence, clause or phrase of this
resolution should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this resolution.
Section 3. Ratification. Any act consistent with the authority and prior to
the effective date of the resolution is hereby ratified and affirmed.
Section 4. 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
MA YOR, DEAN McCOLGAN
ATTEST:
CITY CLERK, LAURA HA THAW A Y, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
Filed
Passed
Resolution #
K: resolution/deferred comp
Res. # _, Page 2
of Washington
Department of Retirement Systems
1- - -. . .-
. .
This publication contains final rules within Chapter 415-501 of the
Washington Administrative Code for the Washington State Deferred
Compensation Program, an Intt:roal Rt:vt:nue Codt: St:ction 457 Plan.
Rules are effective as of November 29, 200''1.
'10 request this publication in an alrernate format, please call 1-888-327-5596;
forTDD call1-877-847-G04L
II
Regulations Table of Contents
Regulations - WAC Title 415
Chapter 501
Section Pane
410 How do I enroll in the plan? 5
415 May I move funds into the plan from an eligible retirement plan? 5
416 May I move funds from the plan into another eligible retirement plan? 5
417 How do I purchase service credit in a qualified defined benefit retirement plan? 6
420 What are the annual deferral limits? 6
430 Are there exceptions to the annual deferral limits? 7
440 How are deferral limits monitored? 7
450 May I change my deferral amount? 8
475 May I choose how r want my deferred compensation invested? 8
480 How do I designate my beneficiaries? 8
485 How do I obtain a distribution? 9
486 How will my accumulated deferrals be distributed in the event of my death? 10
487 If my beneficiary dies while receiving my accumulated deferrals, who will get
the remainder of the account? 10
488 How will the account be distributed if my beneficiary is my spouse? 10
491 How will the account be distributed if my beneficiary is not iny spouse? 11
493 How will my accumulated deferrals be distributed if my beneftciary is an
organization, estate, or trUSt? 11
494 How will the account be distributed if my benefIciary is a minor? 11
495 Will the department honor domestic relarions orders? 12
II
REGULATIONS
THE STATE OF WASHINGTON DEFERRED COMPENSATION PLAN
DOCUMENT IS CODIFIED IN WASHINGTON ADMINISTRATIVE CODE TITLE 415.
FOLLOWING ARE THE PLAN'S PROVISIONS.
Deferred Compensation Plan Established
WAC 415.501~OlO What is the purpose of this chapter, and does it apply to me?
(1) This chapter establishes the "deferred compensation plan" according to the provisions
ofRCW 41.50.030(2),41.50.088(2),41.50.770,41.50.780, and Section 457 of
the Internal Revenue Code. This plan is for employees of the state of Washington
and approved political subdi visions of the state of Washington.
(2) This chapter does not;
(a) Apply to any other plan administered by the department;
(b) Constitute an employment agreement between the participant and the employer; or
(c) Give a participant any right to be retained in the employ of the employer.
Definitions
WAC 415-501-110 Definitions.
(1) Accumulated deferrals. Compensation deferred under the plan, adjusted by
income received, increases or decreases ill investment value, fees, and any prior
distributions made.
(2) Beneficiary. A beneficiary of a participant, a participant's estate, or any other
person whose interest in the plan is derived from the participant.
(3) Compensation. All payments made to a public employee by the employer as
remuneration for services rendered.
(4) Deferred compensation. The amount of the participant's compensation that is
deferred under a participation agreement. See WAC 415-501-410.
(5) Deferred compensation plan or plan. A plan that allows employees of the state of
Washington and approved political subdivisions of the state of Washington to defer
a portion of their compensation 'Kcording to the provisions of Section 457(b) of the
Internal Revenue Code.
(6) Department. The department of retirement systems created by RCW 41.50.020 or
its designee.
(7) Eligible employee. Any person who is employed by and receives any type of com-
pensation from an employer for whom services are provided, and who is a full-time,
permanent part-time working half-time, or more, or career seasonal employee of the
employer, whcthcr or not covered by civil service; an elected or appointed oHlcial of
the executive branch of the government, including any full-time member of a board,
commission, or committee; a justice of the supreme court, or a judge of the court of
appeals or of a superior court; or a member of the state legislature.
(8) Eligible rollover distribution. A distribution to a participant of any or all funds
from an eligible retircment plan unless it is:
(a) One in a series of substantially equal annuity payments;
(b) One in a series of substantially equal installment payments payable over ten
years or morc;
(c) Required to meet minimum distribution requirements of the plan; or
(d) Distributed for hardship or unforeseeable emergency from a 457 plan.
II
(9) Employee retirement benefits board.. The board created by RCW 41.50.086.
(10) Employer.
(a) The state of Washington; and
(b) Approved political subdivisions of the state of Washington.
(l1) Normal retirement age. An age designated by the participant for purposes of the
three-year catch-up provision described in WAC 415-501-4.30(2). The participant
may choose a normal retirement age between:
(a) The earliest age at which an eligible panicip,tnt has the right to receive retire-
ment benefits without actuarial adjustment from his/her retirement plan with
the same employer; and
(b) Age seventy and one-half:
(12) Participant. An eligible employee:
(a) Who has submitted a participation agreement that is approved by the department;
and
(b) Who either;
(i) Is currently deferring compensation under the plan; or
(ii) Has previously deferred compensation and has not received a distribution
of his/her entire benefit under the plan.
(13) Participation agreement. The agreement executcd by an eligible employee
pursuant to WAC 415-501-410, in which the eligible cmployee chooses to become
a plan participant.
(14) You, as used in this chapter, means a participanr as defined in subsection (12) of
this section.
Administration
WAC 415-501-312 What laws govern the administration of the plan?
This plan is intended to be an eligible state deferred c.:ompensation plan within the meaning
of Section 457(b) of the Internal Revenuc Code and Washington state law. h is interpreted
and administered accordingly.
The departmcnt is authorized to interpret the provisions of this plan and resolve any ambi-
guity in the plan. In the event any ~orm or other document used in administering this plan
conflicts with the terms of the plan, the tetms of the plan prevail.
WAC 415-501-315 What are my employer's responsibilities?
An cmployer has responsibilities including, but not limited to, monitoring for defcrrallimits
and dctcrmining employees' eligibility to participate.
The department's administration of the plan does not replace the employer's responsibilities.
WAC 415-501-320 What are the tax consequences of participating in the plan?
You should consult with your own representative regarding questions of federal or state
income, payroll, personal property or other taX con~cquence~ arising from your panicipation
in this plan. The department does not:
(l) Represent or guarantee rlMt any paniwlar ~ederal or state income, payroll, personal
property or other tax consequence will occur because of your partici pation in this
plan;
(2) Assume any liability {or your compliance with [he Internal Revenue Code.
II
WAC 415-501-330 Does the deparUnent maintain a record of my account?
The department maintains a deferred compensation account for each panicipant.
WAC 415~501-340 Where is my deferred compensation deposited?
The department deposits deferred compensation into a special fund created in the treasury
of the state of Washington called the "deferred compensation principal account." Amounts
in the deferred compensation principal account may be invested according to RCW
41.50.770. All amounts payable to participants or their beneficiaries are paid from the
deferred compensation principal account.
All costs of administering and staffing the plan, expenses of the department, and other
amounts detcrmined by the department and permitted by law, are paid Out of the deferred
compensation administrative account.
Department Powers
WAC 415-501-370 How are the rights of participants and beneficiaries
determined?
(l) The department has thc authority to decide all issues concerning the rights of
participants and beneficiaries under the plan. The department's dctermination is
binding on the participant and beneficiaries.
(2) A participant or beneficiary may file a petition for review under chapter 415-04
WAC or an application undcr WAC 415-08-015(2) for review of a decision to
deny an application for distribution pursuant to WAC 415-501-510.
WAC 415-501-380 How are questions about distributions resolved?
(1) The departmcnt may suspend distribution of your accumulated deferrals in order
to resolve issues beyond its authority. such as the correctness of the distribution,
amount of the distribution, or identity of the entitled recipient(s). The suspension
will continue until all issues arc resolved, either by written agreement of all parries
concerned or by final order of a court of competent jurisdiction. The department and
all involved parties must comply with the final order(s) of the court in any such suit.
(2) Whenever a distribution is suspended pursuant to this section, the time period for
making any choice under WAC 415-501-485 or 415-501-491 through 415-501-494
will not begin until all issues are resolved.
WAC 415-501-390 Can the department del~gate its authority?
The department may delegate functions performed under this plan to any designee wirh
legal authority to perform such functions.
II
Participation in the Plan
WAC 415-501-410 How do I enroll in the plan?
(I) As an eligible employee, you may enroll in the plan by executing a participation
agre<:menr.
(2) By signing the participation agreement, you authorize your employer to reduce
your gross compensation each month by a specific amount. This amount will be
contributed to your deterred compensation account. Your employer will reduce
your compensation by the specified amount until you change the amount
(WAC 415-501-450) or suspend contributions (WAC 415-501-470).
(3) Deferrals from your compensation will start during the calendar monxh after the
month your participation agreement is approved by the department.
WAC 415-501-415 May I move funds into the plan from an eligible
retirement plan?
(1) Rollover. You may roll pretax contributions into the plan from an individual
retirement account (IRA) or fi-om another eligible retireutent plan.
(a) The plan will keep a separate accounting of all funds rolled into the plan.
(b) Distributions of money rolled into the plan may be subject to an additional
ten percent tax on early distributions.
(2) Plan-to-plan transfer. You may transfer money into the plan [rom another eligible
governmemal Section 157(b) plan maintained by political subdivision, subject to
the following conditions:
(a) The political subdivision also participates in DCP;
(b) The transferor plan allows direct plan-to-plan transfers; and
(c) You are employed by the political subdivision at the time of the transfer.
(3) Rolloverltransfer application. You must complete the appropriate form to transfer
or roll money over inw your deferred compensation account. Forms arc available
through the departmem or on its website.
WAC 415-501-416 May I move funds from the plan into another eligible
retirement plan?
(1) Rollover. Subject to the rules of the receiving plan, you may roll pretax contribu-
tions into an individual retirement ;ICCOunt (IRA) or another eligible retirement
plan after separation from service.
(2) Plan-to-plan transfer. You may transter money:
(a) Through a plan-to-plan transfet into another eligible governmental Section
457(1,) plan after YOLl tcrminate employment, if the receiving plan allows the
transfer and you are employed by the sponsor of the receiving plan.
(b) Through a plan-to-plan transfer into another eligible governmental Section
457(b) plan maintaincd by a political subdivision if the receiving plan allows the
transfer and you are employed by thc political subdivision both before and aFter
the trails fer.
(c) Through a plan-to-plan transfer to pun;hase service credit in a governmental
Section 401 (a) plan.
'fransferred funds are governed by the rules of the receiving plan.
(3) Subject to the rules of the receiving plan, if your spoLlse becomes eligible to receive
a distribution as beneficiary, your SpOLlSC may roll an eligible rollover distribtl[ion
from his/her deferred compensation account into an eligible retirement plan in
which he or she is a member.
II
(4) Rollovcrltransfer application. You or your spouse must complete the appropriate
form to transfer or roll money over from your deferred compensation account.
Forms are available through the department or on its website.
WAC 415-501-417 How do I purchase service credit in a qualified defined benefit
retirement plan?
(1) What is allowed. Subject to the requircmems of the receiving retirement plan, you
may make a direct transfer of funds from your deferred compensation account to
purchase, restore, or reinstate service credit in any qualified defined benefit govern-
ment retirement plan.
(2) Who is eligible. You may transfer funds, whether or not you arc employed at the
time of the transfer.
(3) How to request a transfer.
(a) You may request a transfer by submitting a completed farm to the department.
(b) Forms are available through the department or on its website.
(4) Tax consequences. You are advised (Q consult with a tax professional regarding the
tax consequences of this transaction.
WAC 415-501-420 What are the annual deferral limits?
Except as provided in WAC 415-501-430 (catch-up provisions), the maximum you may
defer for any taxable year is the lesser of:
(I) One hundred percent of your includible compensation as defined in IRC Section
457 (e)(5), and Treasury Regulation1.457.2 (g), and determined without regard to
community property laws; or
(2) The annual deferral limit in the fOllowing table:
For taxable year beginning Annual deferral amount:
in calendar year:
2001 $8,500
2002 $11,000
2003 $12,000
2004 $13,000
2005 $14,000
2006 $15,000
Beginning January 1, 2007 $15,000
plus cost-of-living adjustments, if any,
established by the IRS under 26 USC 457
II
WAC 415-501-430 Are there exceptions to the annual defenallimits?
YOLl may defer more than the annLlal deferral limit set in WAC 415-501-420 if YOLl qualify
to use one of the "catch up" provisions described in this section. You may not lise both
catch-up provisions during the same ta;{able year.
(1) Age fifty and over: You may defer a higher amount during any plan year in which
YOLl are age fifty or older. The maximum YOLl may defer each year is the sum of:
(a) The annual deferral amount in WAC 415-501-420 tor the current taxable year;
and
(b) The amount in the following table:
For taxable year beginning Annual deferral amount;
in calendar year;
2002 $1.000
2003 $2.000
2004 $3,000
2005 $4.000
2006 $5,000
Beginning January 1, 2007 $5,000
plus cost-of-living adjustments, if any,
established by the IRS under 26 USC 414
(2) Three years before normal retirement age: You may defer a higher amount during
a period of three consecutive years immediately preceding the taxable year in which
you reach normal retirement age as defined in WAC 41S-S01-110(l I). The maxi-
mum you may defer during each of the three years is the lesser of:
(a) Twice the annual deferral limit established in WAC 415- 501-420; or
(b) The sum of the annual dderrallimit established in WAC 415-501-420, plus the
portion of the annual deferral limit for any prior taxable year that you have not
previously used.
(i) For years prior to 2002, amounts you deferred under certain other plans
must be considered in determining the unused amount, consistent with
Treasury Regulation1.457.4 (c)(3)(iv).
(ii) A prior taxable year may be taken into account only if:
(A) It begins after December 31, 1978;
(B) You were eligible, during any portion of the taxable year. to participate
in the plan; and
(C) Compensation deferred under the plan during that year. if any. was
subject to a deferral limit under WAC 415-501-420.
WAC 415-501-440 How are deferral limits monitored?
(I) Under WAC 415-501-31S. employers will monitor deferrals to ensure that amounts
deferred comply with the limitations in WAC 41S-501-420 and 4.15-501-430.
(2) The department may also monitor deferrals and has the authority to disallow deferral
of compensation in excess of the statutory limits.
(3) You must also monitor your deferrals to ensure that combined deferrals in two or
more deferred compensation plans do not exceed the deferral limits.
(4) If the plan determines that yOllr deferrals imo the plan have exceeded the deferral
limit. the excess deferrals will be distributed to you as soon as administratively
practicable.
II
WAC 415~501~450 May I change my deferral amount?
You may change the amount of your deferred compensation through the methods established
by the department. Changes may be made only in;
(1) Whole dollar increments; or
(2) Whole percentages if percentage deferrals are allowed for your employer.
A change in the amount will be effective for any calendar month only if you notifY the
department of the change, through the methods available, prior to the month for which the
change is requested and prior to the established payroll cutoff date for your employer.
WAC 415-501-475 May I choose how I want my deferred compensation invested?
(I) The state investment board, in consultation with the employee retirement benefits
board, makes certain investment options available to plan participants. The invest-
ment board may;
(a) Open, change, or dose investment options according to its investment policy; or
(b) Change investment managers for any investment option.
(2) You must designate on your participation agreement the investment option(s) in
which you wish to have your deferrals invested.
(3) Changes in investment options.
(a) You may change investment options at any time through the methods established
by the department. You may change the investment of YOll( accumulated defer~
rals; the investment of your future deferrals; or both.
(b) Beneficiaries receiving a distribution may change investment options through
the methods established by the department.
(c) If the state investment board doses or substantially changes an investment
option, the state investment board may transfer the funds invested in that
option to another option that, in the board's judgment, most closely represents
the investment characteristics of the option being closed or changed.
WAC 415~501~480 How do I designate my beneficiaries?
You have the right to designate a beneficiary or beneficiaries to receive your accumulated
deferrals in the event of your death. You may change your beneficiary designation at any
time by filing a beneficiary change form with the department. The change will r~ke eflect
upon the department's receipt of the bendlcialY change form.
You may name:
(1) An organization or person, including unborn or later adopted children. However,
unborn or later adopted children must be specifically designated as beneficiaries on
the form. You must indicate the date of birth for any living person you name as a
beneficiary.
(2) Your estate.
(3) An existing trust or a trust that is to be established under your last wilt. For an exist~
ing trust, you must provide a copy of the truSI document and the name, address
and telephone number of the current trusree.
You may name comingentbeneficiaries in addition to primary beneficiaries.
II
WAC 415-501-485 How do I obtain a distribution?
Distribution from the plan is governed by Internal Revenue Code Sections 401 (a)(9) and
4 S7(d); the treasury regulations interpreting these sections; and these rules to the extent
they are not inconsistent with the Internal Revenue Code. The options for distribution are
set forth in the Dep Distribution Booklet. The booklet will be mailed to YOll when your
employer notifies the department of your termination of employment.
(I) Date of distribution. You may choose the date on which to begin distribution
from your deferred compensation account, subject to the requirements in (a)
through (c) of this subsection. The department must receive a properly completed
distribution form ftom YOll at least thirty days prior to the date distribution is to
begin.
(a) Earliest date. You may not begin distribution prior to your termination of
employment, with the following exceptions:
(i) A distribution for an unforeseeable emergency under WAC 415-501-510;
(ii) A voluntary in-service distribution under subsection (4) of this section; or
(iii) A distribution from funds that were rolled into the deferred compensation
account.
(b) Latest date. You must begin distribution on or bef()re April 1st oCthe calendar
year following the latter of:
(i) The calendar year in which you reach age seventy and (me-half; or
(ii) The calendar year in which you retire.
(c) If you do not make a timely choice of distribution date, the department will
begin distribution according to the minimum distribution requirements in IRe
Section 401 (a)(9).
(2) Method ofdistcibution. You must choose a distribution method (amount and
frequency) from the payment options outlined in the Dep Distribution Booklet.
Payment options include a lump sum payment, periodic payments, or an annuity
purchase.
(a) Periodic payments must be at least fifty dollars per month (if paid monthly) or
six hundred dollars per year.
(b) Beginning at age seventy and ()He-half or when yOll terminate employmem,
whichever comes later, payment must be in an amount to satisfy minimum
distribution requirements in IRe Section 40 I (a)(9).
(3) Voluntary in~service distcibution. You may choose to withdraw the total amount
payable to you under the plan while you are employed if the following three
requirements are met:
(a) The total amount payable to you does not exceed five thousand dollars;
(b) You have not previously received an in-service distribution; and
(c) Your deferrals have been suspended during the preceding two-year period ending
on the date of the in-service distribution.
(4) Unforeseeable emergencies. See WAC 415-501-510.
(5) Rehire. If you terminate and then return to employment f(lr an eligible employer, you
may reenroll in the plan. The department will stop your distribution, if applicable,
and void any choices of distribution date and method made prior to reenrollment.
II
WAC 415-501-486 How will my accumulated deferrals be distributed in the event
of my death?
If you die before your entire deferred compensation accoum has been distributed, accumu-
lated deferrals will be paid to the beneficiary or beneficiaries you have designated according
to WAC 415-501-480. If no benefIciary is designated or if the designated beneficiary does
not survive you by a period of thirty days, accumulated deferrals will be paid to your surviv-
ing spouse, if any. If you do not have a surviving spouse, the accumulated deferrals will be
paid to your estate. Provisions regarding distribution to various classes of beneficiaries are
set forth in WAC 415-501-487 through 415-501-494.
WAC 415-501-487 If my beneficiary dies while receiving my accumulated
deferrals, who will get the remainder of the account?
If your beneficiary dies while receiving distributions, any remaining balance will be paid to
your beneficiary's estate. Distribution will take place in the second month following the
notification of the beneficiary's death, unless benefits are being paid under an annuity you
purchased. Ifbenefits were being paid under an annuity, distribution will be governed by
the terms of the annuity contract.
WAC 415-501-488 How will the account be distributed if my beneficiary is
my spouse?
If you die before the entire account has been exhausted, your spouse beneficiary will receive
your accumulated deferrals according to the provisions of this section.
(l) Date of distribution. Your spouse beneficiary may choose the date on which to
begin receiving the distribution, provided:
(a) The spouse beneficiary notifies the department of the distribution date within
ninety days from the date the department is notified of your death.
(b) The department receives the election form at least thirty days before distribution
is to begin.
(c) Distribution begins on or before the first day of April of the calendar year
following the latter of:
(i) The year you would have reached age seventy and one-half; or
(ii) The calendar year in which you die.
If the beneficiary does nO( make a timely choice of distribmion date, the department will
begin distribution according to the minimum distribution requirements in IRC 401 (a)(9).
(2) Method of distribution. The spouse beneficiary must choose a distribution method
from the payment options outlined in the DC? DiJtribution Booklet, which will be
mailed to your beneficiary when the department is notified of your death. Payment
options include a lump sum payment or periodic payments, provided:
(a) The amount and frequency allows for distribution of the entire account balance
during the beneficiary's life expectancy, as computed by the Department of
Treasury in IRS Regulation 1.72.9; and
(b) Periodic distributions made by the department are at least fifty dollars per
month, if paid monthly, m six hundred dollars per year.
II
WAC 415-501-491 How will the account be distributed if my beneficiary is not
my spouse?
If you die before the emire account has been exhausted and your beneficiary is not your
spouse, your accumulated deferrals will be distributed according to the provisions of this
seC[lon,
(l) Date of distribution. A nonspouse beneficiary may choose the date on which to
begin receiving the distribution, provided:
(a) The beneficiary notifies the department of the distribution date within ninery
days from the date the department is notified of your death,
(b) The department receives the election form at least thirty days before distribution
is to begin,
(c) Distribution begins on or before the first day of April of the calendar year
following tbe latter of:
(i) The year you would have reached age seventy and one-half; or
(ii) The calendar year in which you die.
If the beneficiary does not make a timely choice of disttibution date, the department will
begin distribution according to the minimum distribution requirements in IRe 401 (a)(9).
(2) Method of distribution. A nonspouse beneficiary must choose a distribution
method from the payment options outlined in the DCP [)istribmion Booklet,
which will be mailed to your beneficiary when the department is notified of your
death. Your beneficiary may choose a lump sum payment or periodic payments_
(a) If the nonspouse beneficiary begins distribution by the thirty-first day of
December of the year ~ollowing your death:
(i) The amount and frequency must allow ~or distribution of the entire account
balance during the beneficiary's life expectancy, as computed by the
Deparnnent of Treasury in IRS Regulation 1.72.9; and
Oi) Periodic distributions made by the department mU5r be at least lifty dollars
per month, if paid momhly, Ot six hundred dollars per year.
(b) If the nonspouse beneficiary does not begin distribution by the thirty-first day
of December of the year following the year of your death, the entire account
balance must be paid out within five years from the date of your death.
WAC 415-501-493 How will my accumulated deferrals be distributed if my
beneficiary is an organization, estate, or trust?
If your bendiciary is an organization, estate, or trust, the departmem will make the distri-
bution as a lump sum in the second month following the receipt of all required inform;ltion.
WAC 415-501-494 How will the account be distributed if my beneficiary is a
minor?
(1) The department will distribute deferred compensation funds on behalf of a minor
benetlciary only upon proof that the minor has either a court-appointed guardian
or a custodian designated in compliance with RCW 11.114.030,
(2) If the department does not receive the proof in subsection (1) of this section, or
if the guardian or custodian is unable or unwilling to serve, the department will
request a court of competent jurisdiction to establish a guankmship under chapters
11.88 and 11.92 RCW. The department will make this request no sooner than
one hundred eighty days after notification of your death, regardless of the amount
at issue.
II
(3) After a guardianship or custodianship has been established, either by prior designation
or by court order, the department will transfer the deferred compensation funds to
the named guardian or custodian.
(4) If you have more than one minor beneficiary, a separate custodianship must be
established for each minor. Each minor's interest must be determined in accordance
.with the governing instrument and applicable law. Only one person may be the
custodian for each minor.
(5) Disbursement of funds [Q the guardian or custodian on behalf of the minor
discharges the department from further liability.
(6) The guardian or custodian may choose a deferred compensation distribution date
and method on behalf of the minor, consistent with the requirements of this chapter.
WAC 415-501-495 Will the department honor domestic relations orders?
(1) The department will honor a domestic relations order (DRO) only if the order:
(a) W1S entered by a court of competent jurisdiction.
(b) Establishes a right of a former spouse to a portion of your deferred compensation
account pursuant to a division of property;
(c) Clearly states either the dollar amount or a percentage of the account to be
transfened to the account of the former spouse from your account; and
(d) Provides your name and date of birth, and the name and date of birth of your
former spouse.
(2) You must provide the address and Social Security number of both you and your for-
mer spouse to the department. This information may be submitted in a cover letter,
in another document, or by other means arranged with the department.
(3) To implement a DRO, the department will establish a separate account for the
former spouse in the amount specified in subsection (I )(c) of this section. The
amount will initially be invested in the savings pooL Thereafter, the f(mner spouse
may provide investment instructions under WAC 415-501-450.
(4) Your former spouse may choose a method of distribution, including a direct
rollover.
(5) If a ORO filed with the department prior to January 1, 2002, provides that distri-
bution to the former spouse is not available until you separate from service, the
department will comply with the express rerms of the order unless it is subsequently
amended.
(6) If the fanner spouse has not elected another method of distribution by age seventy
and one-half, the department will begin distribution in accordance widl the minimum
distribution requiremenrs in IRC 401 (a)(9).
(7) If the former spouse dies before the account is fully distributed, the remaining
balance will be paid to the former spouse's estate.
II
Unforeseeable Emergency
WAC 415-501-510 May I have some or all of my aCL'Umulated deferrals. in the
event of an unforeseeable emergency?
(I) Notwithstanding any other provisions in this chapter, you may requt~st all or a
portion of your accumulated deferrals in the event of an unflJreseeable emergency.
Distribution will be made within sixty days following the department's approval of
your request. The amount paid will be limited strictly (() that amount reasonably
necessary to satisfY the emergency need.
(2) For purposes of this plan, an unforeseeable emergency is severe financial hardship to
you resulting from:
(a) A personal illness or accident or the illness or injury of a spouse or dependent
who meets the definition in Section 1 52(a) of the Internal Revenue Code;
(b) Loss of your property due to casualty, including the need to rebuild a home
following damage not otherwise covered by homeowner's insurance, e.g., as a
result of natural disaster; or
(c) Other similar extraordinary and unforeseeable circumstances arising as a result of
events beyond your control.
(3) The circumstances that constitute an untoreseeable emergency depend upon the
bets of each case, but, in no case will the department approve a distribution request
if the financial hardship is or may be relieved:
(i) Through reimbursemenr or compensation by insurance or otherwise;
(ii) By liquidation of yout assets, to the extent liquidation of such assets would not
itself cause severe financial hardship; or
(iii) By cessation of deferrals under the plan.
(4) Examples:
(a) The lollowing types of occurrences are not considered untoreseeable emergencies:
(i) Sending your child to college; or
(ii) Purchasing a home.
(b) The following types of occurrences may be considered unforeseeable emergencies,
depending on the facts in each case:
(i) Imminent foreclosure of or eviction from your primary residence;
(ii) Medical expenses, including nonreFundable deductibles, and/or the cost of
prescription drug medication;
(iii) Funeral expenses of your spouse or a dependent as defined in Section
152(a) of the Internal Revenue Code; and
(iv) Extraordinary expenses resulting from a divorce.
(5) If the department denies your request for distribution, you may request a review of
that decision according to the provisions of WAC 415-08-015.
(6) Unforeseeable emergency requests received by the department, whether approved or
denied, will cause a mandatory suspension of dderrals to the plan. You may not
resume deferrals sooner than six months from the date of suspension.
II
-..-..----
Leave of Absence
WAC 415-501-520 May I stay in the plan if I am on a leave of absence?
If you are on an approved leave of absence from the employer, participation in this plan will
continue.
Amendment or Termination of Plan
WAC 415-501-530 What happens if the plan is terminated?
The legislature may terminate this plan at any time. Upon such termination, accumulated
deferrals will be distributed to all plan participants and beneficiaries as soon as administra-
tively possible. The participants' deferrals will cease.
WAC 415-501-540 Does the department have the right to amend the plan?
To the extent not inconsistent with state and federal law, the department may amend the
provisions of this plan at any time. No amendment will affect the rights of participants or
their beneficiaries regarding accumulated deferrals at the time of the amendment.
Relationship to Other Plans
WAC 415-501-550 Will my retirement benefit be affected by the amount of
compensation I defer?
Deferred amoutlls are included as compensation in determining benefits or rights under the
employer's group insurance and retirement plans.
Transfer in Lieu of Cash
WAC 415-501-560 May I receive assets in lieu of cash?
Upon the occurrence of any event requiring the distribution of accumulated deferrals under
this plan, the department may, in its sole discretion, elect to honor a request from the par-
ticipant to substitute the transfer in kind and assignment of any asset that the employer has
acquired, at fair market value.
Nonassignability Clause
WAC 415-501-570 May I transfer or assign my accumulated deferrals?
Neither you, your beneficiaries, nor any other designee, has any right to sell, assign, transfer,
commute, or otherwise convey the right to receive any distributions under the plan. These
distributions and right thereto are nonassignable and nontransferable. Unpaid accumulated
deferrals are not subject to attachment, garnishment, or execution and are not transferable
by operation of law in event of bankruptcy or insolvency, except to the extent otherwise
required by law. In the event of any attempt to assign or transfer, the state investment board
and the department will have no liability.
II
Assets
WAC 415-501-580 How are the plan's assets protected for the exclusive benefit of
participants and beneficiaries~
Despite any contrary provision of the plan. in accordance with Seerion 457(g) of the
Internal Revenue Code. all compensation deferred under the plan, all property and rights
purchased with such compensation, and all income attributable to such compensation,
property, or rights will be held in trust (or the exclusive benefit of participants and benefici-
aries under the plan. Any trust under the plan will be established under the laws of
Washington.
All amounts of compensation deferred under the plan will be transferred to a trust estab-
lished under the plan within a period that is not longer than is reasonable [or the proper
administration oCthe accounts of participants. Under RCW 41.50.780(4) the st,lt<: invest-
ment board is made trustee of s[;ue ddi:rred compensation plan assets.
Participation by Department Officers and Employees and Members
of the Employee Retirement Benefits Board
WAC 415-501-590 Are department officers and employees and members of the
employee retirement benefits board eligible to participate in
the plan~
Department officers and employees and members of the employee retirement benefits
board, who are otherwise eligible. may participate in the plan under the same terms and
conditions as apply to other participants. Such officers, employees, or board members may
not participate in any department or board action uniquely affecting their own participation.
Employer Contributions
WAC 415-501-600 Is my employer allowed to contribute to my deferred
compensation account?
The employer may, pursuant to WAC 415-501-450, add additional deferred compensation
for setvices you provided to the employer during any calendar month, provided:
(1) You elected to have SLlch additional compensation deterred pur~L1ant to this plan,
prior to the calendar month in which the compensation is earned; and
(2) Such additional deferred compensation, when added to all other deferred compensa-
tion under the plan, does not exceed the maximum deferral permitted by this chapter.
Investment Responsibility
WAC 415-501-610 What is the state investment board's responsibility regarding
investments~
Action by the state investment board as plan trustee or by the department as plan adminis-
traror is not an endorsement or guarantee of any investment. Such action will not be con-
sidered to attest to the financial soundness or the suitability of any investmenr for the
purpose of meeting future ohligations.
II
~
Deferred Compensation Program
State of Washington
Department of Retirement Systems
PO Box 40931- Olympia, WA 98504-0931 DCPRG-03/0S
MEETING DATE: December 20, 2005 ITEM# LYuL.
.. ....................................-....... ...... ............................-....... ...........................................-....... . ..........................................................................................................-..-.......
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: ICMA VantageCare Retirement Health Savings Plan
,,"''''. . ...........................................................,"'..... ..... .....................-....... .. ...................__......_.._._m.... . .......... ......................................._. ............................................................................................................... ................"fi"N""
CATEGORY: BUDGET IMP ACT:
D CONSENT D ORDINANCE Amount Budgctcd: $0.00
0 RESOLUTION D PUBLIC HEARING Expenditure Amt.: $0.00
[ZJ CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $0.00
.. ..............-....... ............""",,'" .. ............................................_m....
ATTACHMENTS: ICMA VantageCare Retirement Health Savings Plan ModelDec1aration of Trust
." """".."'""',, ,."'.....-.........-....... .....................................................,.......
SUMMARY/BACKGROUND: The City has agreed to establish a Retirement Health Savings Plan for Police Guild
members as part of the 2005-2006 collective bargaining agreement and to make a one-time $60 contribution per eligible
employee into the plan. This resolution authorizes the City to establish the ICMA VantageCare Retirement Health
Savings Plan per the Guild agreement.
....."''''",,'''. .. . .... ....... .................................................................................-.......
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
. .....................................-....... . ......"""""."...."..,......-.......
PROPOSED MOTION: "J move approval of the attached resolution authorizing the establishment ofthe ICMA
VantageCare Retirement Health Savings Plan."
..............................................",.,., . -~.~
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFli1CE]
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
D DENIED 1 ST rcading
D T ABLED/DEFERRED/NO ACTION Enactment reading
D --
MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001 '"
RESOLUTION NO.
RESOLUTION FOR ADOPTION OF THE V ANT AGECARE
RETIREMENT HEALTH SAVINGS (RHS) PROGRAM
WHEREAS, the City Council has employees rendering valuable services; and
WHEREAS, the establishment of a Retiree Health Savings Plan for such employees
serves the interests of the City of Federal Way by enabling it to provide reasonable security
regarding such employees' health needs during retirement, by providing increased flexibility in
its personnel management system, and by assisting in the attraction and retention of competent
personnel; and
WHEREAS, the City Council has determined that the establishment of the Retiree Health
Savings Plan (the "Plan") meets the above objectives;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Adoption. The City Council hereby adopts the Plan in the form of the ICMA
Retirement Corporation's VantageCare Retirement Health Savings Plan.
Section 2. Trust. The assets of the Plan shall be held in trust, with the City serving as
trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the
Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the
Plan.
Section 3. Coordinator. The Human Resources Manager shall be the coordinator and
contract for the Plan and shall receive necessary reports, notices, etc.
Section 4. 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 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.
DATED this day of ,2005.
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
ATTEST:
CITY CLERK, LAURA HATHA WAY
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
K1resolutionWuntagecure 12-12-05
D@e 12 05 05:15p Kathi::l Harm 508 752 0767 p.4
RETAIN BOOKLET
DECLARATION OF TRUST OF THE
INTEGRAL PART TRUST
NAME OF EMPLOYER
3
D@e 12 05 05:15p Kath~ Harm 508 752 0767 p.5
VANTAGECARE RETIREMENT HEALTH SA VINGS PLAN
DECLARATION OF TRUST OF THE
NAME OF EMPLOYER
INTEGRAL PART TRUST
Declaration Of Trust made as of the da y of__ -~ ., ____,20 ____I
by and between the _____._ a
Name of fmployCi' St.olh~ .'",'- lyp{": o(tnt"j'ty ...".... .~
(hereinafter referred to as the "Employer") and ~_ N';]-mc.-;i lru'S.W(~ or its designee (hereinafter
referred to as the "Trustee")-
RECITALS
WHEREAS. the Employer is a political subdivision of the State of State
exempt from federal income tax under the Internal Revenue Code of 1986; and
WHEREAS. the Employer provides for the security and welfare of its eligible employees (here.
inafter referred to as "Participants"). their Spouses. Dependents and Beneficiaries by the maintenance of
one or more post-retirement welfare benefit plans. programs or arrangements which provide for life.
sickness, medical, disability, severance and other similar benefits through insurance and self-funded
reimbursement plans (collectively the "Plan"); and
WHEREAS. it is an essential function and integral part of the exempt activities of the Employer
to assist Participants. their Spouses, Dependents and Beneficiaries by making contributions to and accu-
mulating assets in the trust, a segregated fund. for post-retirement welfare benefits under the Plan; and
WHEREAS, the authority to conduct the general operation and administration of the Plan is
vested in the Employer or its designee. who has the authority and shall be subject to the duties with
respect to the trust specified in this Declaration of Trust; and
WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan
for the exclusive benefit of Plan Participants, their Spouses, Dependents and Beneficiaries;
NOW, THEREFORE. the parties hereto do hereby establish this trust. by executing the Declara-
tion of Trust of the__,_,u NOIm~ oC l:mp\oYf;'1 Integral Part Trust (hereinafter referred to
as the "Trust"), and agree that the following constitute the Declaration of Trust (hereinafter referred to as
the "Declaration"):
<1
Dee 12 05 05:15p Kath~ Harm 508 752 0767 p.6
RETAIN BOOKLET
ARTICLE I
Definitions
1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective
meanings set forth below unless otherwise expressly provided.
(a) "Account" means the individual recordkeeping account maintained under the Plan to record the
interest of a Participant in the Plan in accordance with Section 7.4.
(b) "Administrator" means the Employer or the entity designated by the Employer to carry out admin-
istrative services as are necessary to implement the Plan.
(c) "Beneficiary" means the Spouse and Dependents, or the person or persons designated by the
Participant pursuant to the terms of the Plan, who will receive any benefits payable hereunder in
the event of the Participant's death. A Beneficiary may also designate a beneficiary(ies) to receive
any benefits payable hereunder in the event of the preceding Beneficiary's death, unti I the satisfac-
tion of all liabilities under the Plan to provide benefits. In the case where there is no designated
Beneficiary, any amount of contributions. plus accrued earnings thereon, remaining in the Account
must, under the terms of the Plan, be returned to the Trust.
(d) "Code" means the Internal Revenue Code of 1986, as amended from time to time.
(e) "Dependent" means an individual who is a person described in Code Section 152(a).
(f) "Investment Fund" means any separate investment option or vehicle selected by the Employer in
which all or a portion of the Trust assets may be separately invested as herein provided. The
Trustee shall not be required to select any Investment Fund.
(g) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse. Depend-
ent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribu-
tion which has vested pursuant to the vesting schedule specified in the Employer's Plan. A Partici-
pant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in the Partici-
pant's own contributions.
(h) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in
which the Participant has his primary place of residence.
(i) "Trust" means the trust established by this Declaration.
(j) "Trustee" means the Employer or the person or persons appointed by the Employer to serve in
that capacity.
5
D@c 12 05 05:15p Kath~ Harm 508 752 0767 p.7
VANTAGECARE REnREMENT HEAI,HI SAVINGS PI,AN
ARTICLE II
Establishment of Trust
2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Partici~
pants. their Spouses. Dependents and Beneticiaries.
ARTICLE III
Construction
3.1 This Trust and its validity. construction and effect shall be governed by the laws of the State of
St.te -~"~
3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine
gender where appropriate. and the singular form of words shall be read as the plural where appropriate.
3.3 If any provision of this Trust shalf be held illegal or invalid for any reason, such determination shall
not affect the remaining provisions. and such provisions shall be construed to effectuate the purpose of
this Trust.
ARTICLE IV
Benefits
4.1 Benefits. This Trust may provide benefits to the Participant. the Participant's Spouse. Dependents and
Beneficiary(ies) pursuant to the terms of the Plan.
4.2 Form of Benefits. This Trust may provide benefits by' cash payment. This Trust may reimburse the
Participant. his Spouse. Dependents or Beneficiary(ies) for insurance premiums or other payments ex-
pended for permissible benefits described under the Plan. This trust may reimburse the Employer, or the
Administrator for insurance premiums
ARTICLE V
General Duties
5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name
as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to com-
pute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts
as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody,
investment, safekeeping or disposition of any assets comprising the Trust. to the extent such functions are
performed by the Employer or the Administrator, or both.
5.2 It shall be the duty of the Employer. subject to the provisions of the Plan. to pay over to the Adminis-
trator or other person designated hereunder from time to time the Employer's contributions and Partici-
pants' contributions under the Plan and to inform the Trustee in writing as to the identity and value of the
assets titled in the Trustee's name hereunder and to keep accurate books and records with respect to the
Participants of the Plan.
6
D@c 12 05 05:1Sp Kath~ Harm 508 752 0787 p.8
RETAIN BOOKLET
ARTICLE VI
Investments
6.1 The Employer may appoint one or more investment managers to manage and control all or part of the
assets of the Trust and the Employer shall notify the Trustee in writing of any such appointment.
6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and
shall act solely as a directed Trustee Of the assets of which it holds title. To the extent directed by the
Employer (or Participants, their Spouses and Dependents, or Beneficiaries to the extent provided herein)
the Trustee is authorized and empowered with the following powers, rights and duties, each of which the
Trustee shall exercise in a nondiscretionary manner:
(a) To cause stock.s. bonds, securities, or other investments to be registered in its name as Trustee
or in the name of a nominee, or to take and keep the same unregistered;
(b) To employ such agents and legal counsel as it deems advisable or proper in connection with its
duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be
liable for the acts of such agents and counselor for the acts done in good faith and in reliance
upon the advice of such agents and legal counsel, provided it has used reasonable care in
selecting such agents and legal counsel;
(c) To exercise where applicable and appropriate any rights of ownership in any contracts of
insurance in which any part of the Trust may be invested and to pay the premiums thereon:
and
(d) At the direction of the Employer (or Participants, their Spouses, their Dependents, their Benefi-
ciaries. or the investment manager, as the case may be) to sell. write options on, conveyor
transfer. invest and reinvest any part thereof in each and every kind of property, whether real,
personal or mixed, tangible or intangible, whether income or non-income producing and
wherever situated, including but not limited to. time deposits (including time deposits in the
Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of
inte.rest), shares of common and preferred stock, mortgages, bonds. leases, notes, debentures,
equipment or collateral trust certificates. rights. warrants. convertible or exchangeable securi-
ties and other corporate, individual or government securities or obligations, annuity. retire-
ment or other insurance contracts, mutual funds (including funds for which the Trustee or its
affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units
of any other common, collective or commingled trust fund.
6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as
title holder only. Persons holding custody or possession of assets titled to the Trust shall include the
Employer. the Administrator, the investment manager. and any agents and subagents, but not the Trustee.
The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from
compliance with any direction from the Employer. the Administrator, the investment manager, or such
agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense
which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if
the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may
refuse to comply with any direction from the Employer. the Administrator. the investment manager, or
such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal.
6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions. claims,
demands. liabilities, losses. damages or reasonable expenses of whatsoever kind and nature in connection
with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the
directions of the Employer or its agents and subagents hereunder. or (ii) any disbursements of any part of
the Trust made by the Trustee in accordance with the directions of the Employer. or (iii) any action taken
by or omitted in good faith by the Trustee with respect to <In investment managed by <In investment
manager in accordance with any direction of the investment manager or any inaction with respect to any
7
Dee 12 05 05:16p Kath~ Harm 508 752 0767 p.9
VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
such investment in the absence of directions from the investment manager. Notwithstanding anything to
the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemni-
fication if the Trustee fails negligently. intentionally or recklessly to perform any of the duties undertaken
by it under the provisions of this Trust_
6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer.
the Administrator and the investment manager or another agent of the Employer. will be responsible for
valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing
of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims.
actions, demands. liabilities, losses, damages. or expenses ot whatsoever kind and nature, which arise
from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such
assets.
6_6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all ac-
tions, claims, demands, liabilities, losses. damages and reasonable expenses of whatsoever kind and
nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer,
the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of
Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator,
the investment manager or agents thereof: and (c) the Trustee's negligence, willful misconduct, or reck.
lessness with respect to the Trustee's duties under this Declaration.
ARTICLE VII
Contri bution 5
7.1 Employer Contributions. The Employer shall contribute to the Trust such amounts as specified in the
Plan or by resolution.
7.2 Participant Contributions. If specified in the Plan, each Participant may make voluntary after-tax
contributions. Under no circumstances shall Participant Contributions exceed an insubstantial amount.
These contributions shall be collected by the Employer and remitted to the Trust for deposit at such time
or times as required under the terms of the Plan
7_3 Accrued Leave. Contributions up to an amount equal to the value of accrued sick leave, vacation
leave, or other type of accrued leave, as permitted under the Plan. The Employer's Plan must provide a
formula tor determining the value of the Participant's contribution of accrued leave. The Employer's Plan
must contain a forfeiture provision that will prevent Participants from receiving the accrued leave in cash
in lieu of a contribution to the Trust.
7A Accounts. Employer contributions, Participant contributions. and contributions of accrued leave, all
investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be
deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his
Spouse, Dependents and Beneficiaries. The assets in each Participant's Account may be invested in
Investment Funds as directed by the Participant (or, after the Participant's death, by the Spouse,
Dependents or Beneficiaries) from among the Investment Funds selected by the Employer.
7.5 Receipt of Contributions, The Employer or, if so designated by the Employer. the Administrator or
investment manager or another agent of the Employer. shall receive all contributions paid or delivered to
it hereunder and shall hold. invest. reinvest and administer such contributions pursuant to this Declara-
tion, without distinction between principal and income. The Trustee shall not be responsible for the
calculation or collection of any contribution under the Plan, but shall hold title to property received in
respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this
Declaration.
8
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RE.TAIN BOOKLET
7.6 No amount in any Account maintained under this Trust shall be subject to transfer, assignment. or
alienation. whether voluntary or involuntary. in favor of any creditor, transferee, or assignee of the Em-
ployer, the Trustee, any Participant. his spouse. Dependent. or Beneficiaries.
7.7 Upon the satisfaction of all liabilities under the Plan to provide such benefits. any amount of Employer
contributions. plus accrued earnings thereon. remaining in such separate Accounts must. under the terms
of the Plan. be returned to the Employer.
ARTICLE VIII
Other Plans
If the Employer hereafter adopts one or more other plans providing life. sickness, accident. medical,
disability. severance. or ottler benefits and designates the Trust hereby created as part of such other plan,
the Employer or, if so designated by the Employer. the Administrator or an investment manager or an-
other agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder
contributions to such other plans. In that evenl (a) the Employer or. if so designated by the Employer. the
Administrator or an investment manager or another agent of the Employer. may commingle for invest-
ment purposes the contributions received under such other plan or plans with the contributions previously
received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the
Administrator or an investment manager or another agent of the Employer. shall at all times show the
portion of the Trust Fund allocable to each plan; (b) the term "Plan" as used herein shall be deemed to
refer separately to each other plan; and (c) the term "Employer" as used herein shall be deemed to refer to
the person or group of persons which have been designated by the terms of such other plans as having
the authority to control and manage the operation and administration of such other plan.
ARTICLE IX
Disbursements and Expenses
9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons
and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no
payment shall be made. either during the existence of or upon the discontinuance of the Plan (subject to
Section 7.7), which would cause any part of the Trust to be used for or divened to purposes other than the
exclusive benefit of the Parlicipants. their Spouses and Dependents. and Beneficiaries pursuant to the
provisions of the Plan.
9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of
the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be
made, and no person shall be entitled to look to any other source for such payments.
9.3 The Employer. Trustee and Administrator may be reimbursed for expenses reasonably incurred by
them in the administration of the Trust. All such expenses, including. without limitation. reasonable fees
of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against
and shall be paid from the Trust upon the direction of the Employer.
ARTICLE X
Accounting
10.1 The Trustee shall not be required to keep accounts of the investments, receipts. disbursements, and
other transactions of the Trust. except as necessary to perform its title-holding function hereunder. All
accounts, books, and records relating thereto shall be maintained by the Employer or its designee.
9
D@e 12 05 05: lSp Kath~ Harm 508 752 0767 p. 11
VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a
written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its
designee.
ARTICLE XI
Miscellaneous Provisions
11_1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be
appointed by, or account to any court of law in the exercise of its powers hereunder.
11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look
to the propriety of the acts of the Trustee in connection therewith.
11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the
Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of
the Trustee under this Declaration.
11.4 The Employer shall have the right at all reasonable times during the term of this Declaration and for
three (3) years after the termination of this Declaration to examine. audit, inspect, review, extract informa-
tion from, and copy all books, records, accounts. and other documents of the Trustee relating to this
Declaration and the Trustees' performance hereunder.
ARTICLE XII
Amendment and Termination
12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration
at any time for any reason without the <:onsent of the Trustee or any other person, provided that no
amendment affecting the rights, duties. or responsibilities of the Trustee shall be adopted without the
execution of the Trustee to the amendment. Any such amendment shall become effective as of the date
provided in the amendment, if requiring the Trustee's execution. or on delivery of the amendment to the
Trustee, if the Trustee's execution is not required.
12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to
provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining
in such separate Accounts must, under the terms of the Plan, be returned to the Employer.
ARTICLE XIII
Successor Trustees
13.1 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving
ninety (90) days' advance written notice.
13.2 The Trustee reserves the right to resign at any time by giving ninety (90) days' advance written notice
to the Employer.
13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trus-
tee who shall succeed to all rights, duties, and responSibilities of the former Trustee under this Declara-
tion, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and
responsibilities for the Trust.
10
Dee 12 05 05:17p Kath~ Harm 508 752 0767 p. 12
RETAIN BOOKLET
ARTICLE XIV
Limited Effect of Plan and Trust
Neither the establishment of the Plan and the Trust or any modification thereof. the creation of any fund or
account, nor the payment of any benefits, shall be construed as giving to any person covered under the
Plan or other person any legal or equitable right against the Trustee. the Administrator. the Employer or
any officer or employee thereof. except as may otherwise be expressly prOVided In the Plan or in thiS
Declaration.
ARTICLE XV
Protective Clause
Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any con-
tract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the
part of the insurer or provider to make payments provided by such contract. or for the action of any per-
son which may delay payment or render a contract void or unenforceable in whole or in part.
11
MEETING DATE: December 20, 2005 ITEM# to€-
... ........................................................mmmmm.._.......
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: CITY MANAGER EMPLOYMENT AGREEMENT AMENDMENT
. ..... ...................................................................-. ............................................ ....- .....................................................................................................................-. ...............................................-.......
CATEGORY: BUDGET IMP ACT:
0 CONSENT 0 ORDINANCE Amount Budgeted: $
0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $
X CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $
...........................................,.""..,..... .................""",..",.""..".....",........,.....""."""""'.......,......",...,.."",,"'......,.,,,.,.,...,.,.,..,,,,.,....,....,....."',,"'.,,.,,,,"'.,,,,,,,..,,,,
ATTACHMENTS: Proposed Sixth Amendment to City Manager Employment Agreement
mmmm.._.........".. .. ...m....mm............._..._._........"...""'" ............................. "",,,,,.,,,.,,,,.,,,,,,,,,,,,"',,,,,,,,,,,,,,"',,,,,,.. ...",.".""",,, """""",.""",.""",...".'" ,."""".""",... """""""""""""""""""""""""""""""..,"'"""".... """"""""""""..... "",.....................
SUMMARYIBACKGROUND: The City Manager's Employment Agreement requires annual employment reviews
while providing for pay for performance and amendments to the Agreement. The City Council conducted its performance
evaluation of the City Manager on December 13, 2005, after which it discussed awarding the City Manager 100%
Performance Pay for a total of $9,973.00. The attached draft Sixth Amendment reflects the December 13,2005, direction
of the Council.
.""',,."'...... . ..... .mmmmmmmmm......m................. . m.mmmmmmmm......mmmmmm........."""..,."" . .. ....................................m...... m mmm..................mm....m ...... .. .........'."."m'..............,.,."..",..,'" ",."".,."""""...,..",.,......,... ,.."",."","',"'"""".. ,.""",."""""""""""...". ....,.""...........
CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A
.mmmmmmmmmm..............m.............".."""'...,,., .. mm..............mm........mmmmmmmmmmmmmmm.m.._ ....m..mmmmmmmmm.........mmmmmmm.........mmmmmmmmmmmmmmmmmmmmmmmmmmmmmm.m_ mmm......................m'm.'..".'...",."."'",,'"
PROPOSED MOTION: "1 move approval of the Sixth Amendment to the City Manager's Employment Agreement."
.mmmm............,......""" . .. ...........mmmmmmmmmmmmmm..........................mm.m._ mmmmm._m.._.....m.__ mmm................mm._ ............mmm...........mm....mmm...mm.mmm................"."'.,.."'."""'.""."...,.",,
CITY MANAGER APPROVAL: N/A
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED I ST reading
0 T ABLED/DEFERRED/NO ACTION Enactment reading
0 MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
K:\
SIXTH AMENDMENT
TO
CITY MANAGER EMPLOYMENT AGREEMENT
This Sixth Amendment ("Amendment") is dated effective this 20th day of December 2005,
and is entered into by and between the CITY OF FEDERAL WAY, a Washington municipal
corporation ("City"), and DAVID H. MOSELEY, ("City Manager").
A. The City and the City Manager entered into an Employment Agreement dated
effective October I, 1999, as amended by First Amendment dated effective January 1, 2001,by
Second Amendment dated effective January 1,2002, by Third Amendment dated effective January 1,
2003, the Fourth Amendment dated effective January 1, 2004, and the Fifth Amendment dated
January 18,2005, whereby the City Manager agreed to perform the functions and duties specified in
Chapter 35A.13 RCW and to perform such other legally permissible and proper duties and functions
as the City Council may assign from time to time ("Agreement").
B. Section 5 ofthe Agreement provides for a performance review of the City Manager
on an annual basis, and states that the City Manager shall receive an annual increase equal to the
cost-of-living or cost-of-market increase given to the general employees of the City.
C. On December 13, 2005, the City Council conducted a performance evaluation ofthe
City Manager.
D. Section 10 of the Agreement provided that the Agreement may only be amended by
written agreement signed by the parties.
E. The City and the City Manager desire to amend the Agreement, to set forth the
payment for performance pay for 2005 as set forth in Section 3(B).
NOW, THEREFORE, the parties agree to the following terms and conditions:
1. Section 3(B). Performance Pay. The City desires to calculate the City Manager's
performance for pay similarly to the method used for the employees, and therefore,
awards the City Manager 100% of his pay for performance totaling $9,973.00.
2. Full Force and Effect. All other terms and conditions of the Agreement not modified
by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the City Council of the City of Federal Way, by a majority vote
on December 20,2005, has authorized this Amendment to the Agreement to be signed and executed
on its behalf, by its Mayor, duly approved by its City Attorney, and attested by its City Clerk.
CITY OF FEDERAL WAY
Mayor, Dean McColgan
ATTEST:
City Clerk, Laura Hathaway, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
CITY MANAGER
David H. Moseley
K:\agreements\Moseley 6 Amend.
12/13/05
2
, .., ,.,"-~O~~,~~" 1". ~ ." ,""" '_,
.~
.... .
Exhibit A: Compensation History
Effective Amendments Deferred Total
..-..-'.'.'...--..-. ..._-,._,.. % $
Date No. Terms Base Pa Camp Com ensation Note
01-0ct-99 -'.,.- ---,-- J!1QO,00Q __ -_.._,-- - ... $8,gOO___$108,000
-..-- - ...-.,-.
01-,lan-OO COLA 2.5% _ 1Q2.509 .. $5.900 ---.!5~000__ ~OOO _ _-.1:15,500
-,.._,. _.~-- -- --..-
D1-Jan-01 1 COLA 3.5%; 106,088 8.48% 8.996 8,996 8,000 123.084
. !2..@_~.48% ____. ..-- -.,--.. ._,. ._, .'--""-_.,,. -'.,---
)1-Jan-02 2 COLA 3.5% 109.801 8.48% ~,311 9,311 . _ 8,000 _127.1~.___
-,.._---,--- .--..."-'..--.
J1-Jan-03 3 COLA 1.73%; 114,493 8.48% 9.709 9,159 11,000 134,652
(Jef. CqrrlP $11 ,OQ~.. .__ -. --.-. __'n_._ -~--"."--'--".'.".. _.".__n..
COLA 1.53%; 116,245 8.48% 9,858 13.000 138,245
Def..Comp $~3,009_ .
--- - -..---.,..-...-". -. -._'..._- -- ,--
COLA 1.17%. 117605 8.48% 9 973 13000 - 140 578 Max
old Italic type indicates compensation based on this amendment.
.,
,
I
eM camp history.xls Sheet1 1/13/2005
MEETING DATE: January 3, 2006 ITEM# -'f
......................._.........._....... . .................................................................-....... . ........................._m....
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Approval of New City Hall Contracts
...............................".........,,'" ..........................-....... ........................-....... ..... ................-............-..........-......-.........
CATEGORY: BUDGET IMPACT:
D CONSENT D ORDINANCE Amount Budgeted: $
D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $
1ZI CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $
..........."...."...."'" . " '" """"..",_,_ ........................."" ................................__....... .... ....m ............................_........_....... . . .............................__m.... . ..... ....................................................._.......
ATTACHMENTS: Washington State Department of Revenue and City of Federal Way forms
..........................................................."...."",,"'....... ....................-....... . . ..................-....-.-.-...- ............... """"""-'" ..........................................,."""...""", ..... .............................-.....-.....-...-.-.............. . ..... ......... ........ ..............~............_......._....... ... ......""."."""""""",....",.., ...
SUMMARYIBACKGROUND: State Law requires the City to retain 5% of the money due to each contractor as a trust
fund for the protection and payment of anyone who performs labor; provides materials, supplies or equipment; or
subcontracts to the prime contractor. In addition, on contracts less than $25,000, a contractor may elect to have the City
retain another 50% ofthe contract in lieu of a performance bond. These retained amounts are called "retainage".
State Law further requires the City Council to accept construction projects as complete before City and State staff can
begin the process of releasing retainage. The New City Hall architect and construction manager have certified the
following contracts as complete:
* Evidence Building - electrical - Veca Electric
* North Parking Lot - asphalt paving - Woodworth & Company, Inc.
......................-......... ,."."",......"'", ... ..........................................-....... ..............................-.......-....... ... ... ...................................- .........................- ................................."., . .. ....... ..... ......... ..............................................-
CITY COUNCIL COMMITTEE RECOMMENDATION: None -~ On August 31, 2004, FEDRAC directed that New
City Hall contracts bypass committee and go directly to the City Council.
. . ...........................................................................................,., . .. ...... .......................-....... . ... ....... ....... ................................ ..............................- .................-....-...........-.......
PROPOSED MOTION: "I move to accept the two above-referenced contracts as complete."
~~::A~~~~-::~----- _H__ -. -- ---
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
D DENIED 1 ST reading
D TABLED/DEFERRED/NO ACTION Enactment reading
, -.
D MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
.
REVENUE State of Washington
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
Contractor's Registration 601-190-731
No. (UBI No.):
Date: December 9, 2005
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
City of Federal Way Assigned To
P. O. Box 9718
Federal Way, W A 98063-9718 Date Assigned
Notice is hereby given relative to the completion of contract or project described below
Description of Contract
Federal Way Evidence Bldg Electrical
Contractor's Name I Telephone Number
Veca Electric Co., Inc (206) 436-5200
Contractor's Address
PO Box 80467 Seattle, W A 98108
Date Work Commenced I Dale Work Completed I Date Work Accepted
06/15/05 10/07/05
Surety Or Bonding Company
Agent's Address
Contract Amount: $36,871.00 Amount Disbursed: $43,526.48
Additions or Reductions: ($)5,062.02 Amount Retained: $2,096.65
Sales Tax: $3,690.11 TOTAL: $45,623.13
TOTAL: $45,623.13
*Retainage Bond in the amount of $ was provided to the city
Signature:
Type or Print Name
Phone Number:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this
contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate.
To inquire about the availability of this document in an altemate format for the visually impaired or a
language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-
7985. You may also access tax information on our Intemet home page at http:/dor.wa.gov.
."..---
Oct 10 05 09:10a Clark Architects, PLLC 253 854-7898 p.9
Certification for Release of Contract Retainage
Bid/Contract No: 7/ ee..a, ,E/~~-.clee.:tr-Iuj / fttj#-tJS-7'?
(
Project Title: -federnj UJf!:J EJ/ldem~ ~7dCl . .
I hereby certify, as Contract Administrator representing the City ofFedemI Way,
that all work required by the above cited contract was completed on / IJ - 7 - 05 .
and final acceptance by the City Council was granted on .
I also certify that no liens have been received within 30 days from the above date
from any person or persons, subcontractors or materialmen, who have petformed or
provided any work or material on subject contract.
~. ~ .
Con:tract Administrator
IJ-Lh L, .
Director of Administering Department
Also, please find attached Notice of Completion of Public Works Contract for the
notification of Department of Revenue and Employment Security Department.
.
REVENUE State of Washington
Department of Revenue
PO Box 47474
Olympia, W A 98504-7474
Contractor's Registration 278-000-169
No. (UBI No.):
Date: December 8, 2005
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
City of Federal Way Assigned To
P. O. Box 9718
Federal Way, W A 98063-9718 Date Assigned
Notice is hereby given relative to the completion of contract or project described below
Description of Contract
New Federal Way North Parking Lot
Contractor's Name I Telephone Number
Woodworth & Company, (nc 253 383 3585
Contractor's Address
1200 East D Street, Tacoma, W A 98421
Date Work Commenced I Date Work Completed I Dat. Work Accepted
09/10/04 09/30/05
Surety or Bonding Company
Ag<nt's Address
Contract Amount: $95,000.00 Amount Disbursed: $73,957.50
Additions or Reductions: ($)($23,750.00) Amount Retained: $3,562.50
Sales Tax: $6,270.00 TOTAL: $77,520.00
TOTAL: $77,520.00
*Retainage Bond in the amount of $ was provided to the city
Signature:
Type or Print Name
Phone Number:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this
contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired or a
language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-
7985. You may also access tax information on our Internet home page at http:/doLwa.gov.
Dec 07 05 03:36p Clark Architects, PLLC 253 854-7898 p.2
,.,
Certification for Release of Contract Retainage
WorJdwC!Yr~ I '- ..A .rph~l-lr PM In$'
Bid/Contract No: ~ to,
I
Project Title: ~'-cie}-p7...1 lIt-~ N pyj-iJ Pd.-I" k/r?.:! /-t"t-
I hereby certify, a~ Contract Administrator representing the City of Federal Way,
that all work required by the above cited contract was completed on 9 -z..3 () - 05" .
.and final acceptance by the City Council was granted on
I also certify that no liens have been received within 30 days from the above date
from any person or persons, subcontractors or materialmen, who have performed or
provided any work or material on subject contract.
5.~ \l....t>..cS-
, .
Contract Administrator
8~~ r~rf !~
Director of Administering Department
Also, please find attached Notice of Completion of Public Works Contract for the
notification of Department of Revenue and Employment Security Department.