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Council PKT 06-20-2006arr OF Federal Way �, City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kochmar Dean McColgan CITY MANAGER Derek Matheson, Interim City Manager OFFICE OF THE CITY CLERK June 20, 2006 —Regular Meeting AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall June 20, 2006 - 7:00 PM (www. cityoffederalway. com) 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Relay for Life Gold Sponsor Plaque b. Diversity Commission Certificates of Appointment C. Swearing -in Ceremony — New Police Officers d. Emerging Issues: • Introduction of New Employees • Pandemic Flu Update 4. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the June 6, 2006 Special Meeting, the June 6, 2006 Regular Meeting and the June 7, 2006 Special Meeting b. Enactment Ordinance: Council Bill 406 — Ordinance to Add Crimes for Domestic Violence in the Presence of Children and for Domestic Violence with use of Strangulation. C. Enactment Ordinance: Council Bill 407 — Ordinance Prohibiting Dangerous Dogs in the City of Federal Way d. Enactment Ordinance: Council Bill 408 — Ordinance Adopting the 2006 Parks, Recreation & Open Space Plan e. Enactment Ordinance: Council Bill 409 — Ordinance Granting Washington State Parks and Recreation a Sewer Line and Parks Utilities Franchise f. Allocation of CDBG Funds to the Small Business Development Center at Highline Community College g. 9th Avenue S @ 3361h Street Signal Modification Project/Flashing Yellow Arrow Pilot h. Pacific Highway S, Northbound Left Turn Lanes @ S 332nd and S 316 Streets i. National Pollution Discharge Elimination System Phase II Permit Status Update j. Sign Fixture Easement for Old City Hall (NW corner of S 330h lst Way S) 6. COUNCIL BUSINESS a. Acceptance of $14,000 United Way Grant for use towards the Capacity Building Program b. Lieutenants' Association Collective Bargaining Agreement 7. CITY COUNCIL REPORTS 8. CITY MANAGER REPORT 9. EXECUTIVE SESSION a. Property Acquisition pursuant to RCW 42.30.110(1)(b) b. Potential Litigation pursuant to RCW 42.30.110(1)(i) 10. ADJOURNMENT "THE COUNCIL MAYADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA" THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY's WEBSITE COUNCIL MEETING DATE: June 6, 2006 ITEM #: 5 4— CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the June 6, 2006 Special Meeting, the June 6, 2006 Regular Meeting and the June 7, 2006 Special Meeting as presented? COMMITTEE: Not Applicable CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Not Applicable Attachments: MEETING DATE: Not Applicable ❑ Public Hearing ❑ Other DEPT: Not Applicable Draft meeting minutes of the June 6, 2006 special, the June 6, 2006 regular and the June 7, 2006 special Council meetings. Options Considered: 1. Approve the minutes as presented. 2. Pull the minutes and make changes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY MANAGER APPROVAL: N/A _yoF Committee Council COMMITTEE RECOMMENDATION: Not Applicable DIRECTOR APPROVAL: N/A N/A Committee Council PROPOSED COUNCIL MOTION: "I move approval of the meeting minutes of the June 6, 2006 special, the June 61 2006 regular and the June 7, 2006 special Council meetings." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED Isr reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # PRELIMINARY FEDERAL WAY CITY COUNCIL Council Chambers - City Hall June 6, 2006 Special Meeting 5:30 PM MINUTES (www.cityoffederatway.com) I. CALL MEETING TO ORDER Mayor Park called the meeting to order at 5:35. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan, Deputy Mayor Ferrell (arrived at 5:43 PM) and Mayor Park present. II. CANDIDATE INTERVIEWS- DIVERSITY COMMISSION The Council interviewed the following candidates for open positions on the Diversity Commission: Nanette Gammage and DeBorah Little. Of the other candidates scheduled to be interviewed, one withdrew their application due to a transfer (Bryan Cooper) and the other, Rhona Ray was out of town. III. DISCUSSION/ACTION: MOTION: Councilmember Burbidge moved to appoint Nanette Gammage and DeBorah Little to full three-year terms on the Diversity Commission. Councilmember McColgan second. The motion carried 7-0. Council discussed the need to meet candidates in person and decided on scheduling a special meeting to interview Rhona Ray for a third open position. Council asked the City Clerk to schedule that meeting, if possible, prior to the next regular City Council Meeting on June 20, 2006. IV. ADJOURN Mayor Park adjourned the meeting at 6:15 PM. ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: PRELIMINARY FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall June 06, 2006 - 7:00 PM (www. cityoffederalway. com) MINUTES 1. CALL MEETING TO ORDER Mayor Park called the meeting to order at 7:04 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park present. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was performed by a second grade class from Sherwood Forest Elementary School. MOTION: Councilmember Burbidge moved to amend the agenda to add Collective Bargaining for Executive Session pursuant to RCW 42.30.140(4)(b). Deputy Mayor Ferrell second. The motion carried 7-0. 3. PRESENTATIONS a. City Manager - Introduction of New Employees Interim City Manager Derek Matheson announced one new employee — Andrea Bykerk as a new Office Technician in the Community Development Department b. City Manager — Emerging Issues Lgaining Police Bargaining Unit Dialogue — Mr. Matheson updated Council on the unit dialogue and introduced several officers representing the units. Mr. Matheson reviewed the bargaining units' long-term goals and issues, the City's long-term goals and issues, common goals and next steps. Lscue Fireworks Campaign Presentation — Kendra Kay of South King Fire and and Christina Smith, Management Intern updated the Council on the Fireworks Information Campaign to remind citizens that fireworks are illegal in the City. The campaign has several components — Educate, Inform, Remind, Prepare and Compliance. 4. CITIZEN COMMENT Roy Parke- spoke regarding property condemnation that took place in 2001. Elizabeth Hardison — spoke in opposition to the proposed ban on PowerPoint presentations. Gayla Hardison — spoke in opposition to the proposed ban on PowerPoint presentations and singled out individual Councilmembers in her remarks. City Attorney Pat Richardson called for a point of order stating that per Council Rules of Procedure individual Councilmembers or staff are not to be singled -out during the Citizen Comment period. Frosty Hardison — spoke in opposition to the proposed ban on PowerPoint presentations. He also mentioned his intent to change the City's form of government from a Council/Manager form to a Mayor/Council form of government. City Attorney Pat Richardson stated that state law prohibits the use of public facilities for campaigning/election purposes. Kevin Morris — Spoke in support of the proposed Dangerous Dog ban but worries that defining a "dangerous dog" is such a gray area and asked that the ordinance punish the dog owner not the dog. Margaret Nelson — spoke in opposition to the PowerPoint Presentation ban. Marie Seicgqua — spoke in opposition to the PowerPoint Presentation ban. Joey Kaye — spoke in reference to an illegal daycare in her neighborhood, a parking issue in her neighborhood and graffiti littering the City. H. David Kaplan — Thanked council for the fireworks ban, and read an email from Lisa Johnson opposing the PowerPoint ban. Barbara Reid — spoke in opposition to the "politicking" that has been taking place at the podium in recent meetings. She reminded the audience that the purpose of Council Meetings is to conduct City business not to campaign. 5. CONSENT AGENDA a. Minutes: Approval of the May 15, 2006 Special Meeting, the May 16, 2006 Regular Meeting and the May 23, 2006 Special Meeting - Approved b. Vouchers - Approved C. Monthly Financial Report - Approved d. Enactment Ordinance: Council Bill 405 — Transportation Concurrency Ordinance — Approved. Ordinance No. 06-525 e. Authorizing Resolutions for 2006 IAC Grant Applications - Approved f. Resolution: Setting the date for a Public Hearing for the Transportation Improvement Plan —Approved: Resolution No. 06-475 g. Public Use of City Equipment — Pulled h. Approval of Spring 2006 Tourism Enhancement Grant Applications - Approved Deputy Mayor Ferrell pulled Consent Item (g). MOTION: Deputy Mayor Ferrell moved to approve Consent Items a-f and h. Councilmember Dovey second. The motion carried 7-0. Consent Item g- Public Use of City Equipment: Deputy Mayor Ferrell stated that the perception of the community is that the City is trying to censor them; he is against the proposal. Councilmember Dovey concurred stating he will vote against the proposed motion. Councilmember Kochmar asked the City Attorney to give a brief background as to why the Committee considered the ban on the use of City equipment. Pat Richardson stated that two cities ban the use of city equipment: Redmond and Spokane. The issue is the protection of the system and whether it could be construed as a gift of public funds if used for commercial purposes. Councilmember Kochmar thought the issue should be tabled and referred back to Committee. MOTION: Deputy Mayor Ferrell moved to reject the proposed ban. Councilmember Dovey second. Discussion: Councilmembers Faison and McColgan stated the issue should go through a more thorough thought process. Councilmember Burbidge pointed out that the reason for citizen comment is to allow citizens to share their concerns .with the Council. She felt that staff should have time to research the issue in detail. Deputy Mayor Ferrell withdrew his motion — Councilmember Dovey concurred. MOTION: Deputy Mayor Ferrell moved approval of Option #2 — Open the City's equipment for use by the public, but direct staff to draft Council Rules establishing clear parameters for use of equipment similar to the rules regarding the public comment to restrict the use of equipment and to protect the City's network. Discussion: Mayor Park addressed the Committee's intent and stated that initially staff recommended option #2. He also reminded the public that citizen comments have a three - minute time limit and asked that they not go over. He also stated that with the use of PowerPoint presentations by citizens the three -minute rule stands. VOTE: The motion carried 7-0. 6. PUBLIC HEARING a. 2006 Amendments to the Comprehensive Plan - Mayor Park opened the Public Hearing at 8:29 PM. • Staff Report Senior Planner Margaret Clark presented the staff report stating that 12 requests were received for 2006 and reviewed each request. (A complete copy of the staff report/presentation is available in the City Clerks office). • Citizen Comment (3-minute limit) Barry Anderson — submitted a letter asking the Council to hold the Public Hearing open until the next City Council meeting on June 20, 2006 to allow BranBar, LLC to opportunity to present a Comprehensive Plan amendment regarding a potential plat along I" Ave South. Vilma Taylor — spoke in support of proposed plan amendment #8. Barbara Napier — spoke in support of Comprehensive Plan Amendment #10. Norma Jean Brown — spoke in opposition of Comprehensive Plan Amendment # 5. Ed Sedlak — spoke in opposition to comprehensive plan Amendment #5. Cameron Smock — spoke in favor of comprehensive plan amendment V. John Graham — spoke in support of comprehensive plan amendment # 4 rezoning the two lots across from St. Francis Hospital. Mr. Graham stated that they spoke with the school in the area and they are expecting a letter from the school district supporting the zoning change as well. Kelly Comoza — City Clerk Laura Hathaway read her comments, opposing Comprehensive Plan Amendment #2, into the record. David Summerville — asked clarifying questions of staff regarding comprehensive plan amendment #2. Council Questions/Discussion: Deputy Mayor Ferrell asked if Request #2, Trimble Property, received approval from both neighbors. Staff replied they did not. Councilmember Faison stated that Request #12 is counter to the City's Comprehensive Plan. Councilmember Dovey urged support of the recommendations from the Land Use and Transportation Committee. MOTION: Councilmember McColgan moved to close the Public Hearing. Councilmember Dovey second. The motion carried 7-0. The Public Hearing was closed at 9:19 PM. Community Development Director Kathy McClung stated that the BranBar Request (public comment #1) came in after the deadline and therefore was not considered. MOTION: Councilmember Dovey moved approval of the 2006 Comprehensive Plan Amendments as recommended by the Land Use/Transportation Committee. Councilmember McColgan second. AMENDMENT: Councilmember Faison moved that Request #12 be decided upon separately. Councilmember Burbidge second. The motion carried 7-0. AMENDMENT: Councilmember McColgan moved that Request #2 be decided upon separately. Councilmember Faison second. The motion carried 7-0. VOTE ON MAIN MOTION — The motion to move forward site -specific Requests #1, 4, 7, 8, and 10 carried 7-0. MOTION - Site -specific Request #2: After reviewing the information and discussion, Councilmember Faison moved to move forward Site -specific Request #2 but change the zoning to RS 35.0 for the three properties (Trimble and the two adjacent properties). Councilmember McColgan second. The motion carried 7-0. MOTION — Site -specific Request #12 (Waller Property). Councilmember McColgan moved request forward to further consider the zoning change to BC. Councilmember Dovey second. Motion passed 5-2; Councilmembers Faison and Burbidge dissenting. MOTION: Councilmember Kochmar moved to suspend the rules to extend the Council Meeting after 10:00 PM. Councilmember Burbidge second. The motion carried 7-0. RECESS: Council recessed at 9:50 PM and reconvened at 9:57 PM. 7. COUNCIL BUSINESS a. Brendan Wales Settlement Agreement City Attorney Pat Richardson briefed the Council regarding the proposed settlement agreement. MOTION: Councilmember Burbidge moved to authorize the City Manager to execute the necessary document to settle Brendan Wales v. City of Federal Way in the amount of $12,750. Councilmember Kochmar second. The motion carried 7-0. 8. INTRODUCTION ORDINANCES a. Council Bill 406 Ordinance to Add Crimes for Domestic Violence in the Presence of Children and for Domestic Violence with Use of Strangulation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE VIII OF THE FEDERAL WAY CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO CIRMINALIZE DOMESTIC VIOLENCE IN THE PRESENCE OF CHILDREN AND DOMESTIC VIOLENCE STRANGULATION (AMENDING ORDINANCE NOS. 97-297 AND 92-299). MOTION: Councilmember Burbidge moved to forward Council Bill 406 to a second reading/enactment on the June 20, 2006 Council Agenda. Councilmember Kochmar second. Discussion: Deputy Mayor Ferrell stated that this passage of this Ordinance is a watershed event and will apply mandatory jail terms to both domestic violence in the presence of children and domestic violence using strangulation. He specifically addressed the issue of domestic violence in the presence of children and the negative impact it has. The motion carried 7-0. b. Council Bill 407 — Ordinance Prohibiting Dangerous Dogs in the City of Federal Way AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 4, ARTICLES I, II AND IV OF THE FEDERAL WAY CITY CODE TO UPDATE DEFINITIONS WITH REGARD TO DANGEROUS DOGE, PROVIDE NOTICE OF APPEAL RIGHTS TO DOG OWNERS, PROHIBIT DANGEROUS DOGS WITHIN THE CITY LIMITS, AND INCREASE PENALTIES TO DOG OWNER (AMENDING ORDINANCE NOS.. 90-30, 92-153, AND 01-394). MOTION: Councilmember Burbidge moved to forward Council Bill 407 to a second reading/enactment on the June 20, 2006 Council Agenda. Councilmember McColgan second. Discussion: Councilmember Dovey stated he will vote against this legislation feeling that it doesn't go far enough yet goes far enough to open the City to potential litigation. He feels the issue is emotionally charged based on one unfortunate event. Councilmember Kochmar states that it does not go far enough but is a start. The motion passed 6-1; Councilmember Dovey dissenting. C. Council Bill 408 — Ordinance Adopting the 2006 Parks, Recreation & Open Space Plan AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CITY'S PARKS, RECREATION, AND OPEN SPACE PLAN (AMENDING ORDINANCE NOS. 90-43, 91-114, 95-247, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-461, 04-662). MOTION: Councilmember Burbidge moved to forward Council Bill 408 to a second reading/enactment on the June 20, 2006 Council Agenda. Councilmember McColgan second. The motion carried 7-0. d. Council Bill 409 — Ordinance Granting Washington State Parks and Recreation a Sewer Line and Parks Utilities Franchise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING WASHINGTION STATE PARKS AND RECREATION A NONEXLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF - WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIlFED FRANCHISE AREA TO CONSTRUCT, MAINTAIN, REPAIR, OPERATE, AND REMOVE GRAVITY SEWER LINE, AND OTHER UTILITIES, WITH ALL CONNECTIONS AND APPURTENANCES THERETO., FOR STATE PARK PURPOSES, WITHIN AND THROUGH CERTAIN RIGHTS OF WAY AND STREETS WITHIN THE CITY OF FEDERAL WAY. MOTION: Deputy Mayor Ferrell moved to forward Council Bill 409 to a second reading/enactment on the June 20, 2006 Council Agenda. Councilmember Faison second. The motion carried 7-0. 9. CITY COUNCIL REPORTS Councilmember McColgan reviewed the City Manager search process stating that Special Meetings will be held on June 16 and 17 to meet/interview the final candidates. Councilmember Dovey stated the next Land Use Transportation Committee meeting is scheduled for June 19, 1006. Councilmember Burbidge stated the next meeting of the Parks, Recreation, and Public Safety Committee is scheduled for July 10, 2006. She also stated that earlier in the evening Council interviewed and appointed two candidates to serve on the City's Diversity Commission. Those candidates are Nanette Gammage and DeBorah Little. Councilmember Burbidge stated that Council will conduct another special meeting to interview a candidate for a third vacancy on the Commission. Councilmember Kochmar reported on the Triangle Project Reception held on June 3, 2006 at the Sound Transit Facility; stated the next meeting of the Finance, Economic Development and Regional Affairs Committee is scheduled for June 27, 2006. Deputy Mayor Ferrell stated that June 10`h is Flag Day and reminded people that today is the 62nd Anniversary of D-Day. He also asked for a staff report regarding graffiti at the next Council meeting and encouraged the public to attend the Public Forum/Reception for the City Manager candidates on June 16, 2006. Mayor Park reported on the upcoming Han Woo Ri Festival June 9-11, 2006, and also stated that the Triangle Interchange Celebration was well attended. 10. CITY MANAGER REPORT Interim City Manager Derek Matheson thanked staff, particularly Patrick Briggs, Natalie Rees and the Police Department, for their work in pulling together the Triangle Interchange Project Reception; announced the trip to our Sister City in Hachinohe, Japan is scheduled for October 18-28, 2006 and stated the Executive Session is scheduled to last approximately 45 minutes. 11. EXECUTIVE SESSION Council adjourned to Executive Session at 10:42 PM to discuss the following: a. Property Acquisition pursuant to RCW 42.30.110(1)(b) b. Potential Litigation pursuant to RCW 42.30.110 (1)(i) c. Added Item - Collective Bargaining pursuant to RCW 42.30.140(4)(b) 12. ADJOURNMENT Mayor Park adjourned the meeting at 11:25 PM. ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: PRELIMINARY FEDERAL WAY CITY COUNCIL Lakota Conference Room - City Hall June 7, 2006 Special Meeting 6:30 PM MINUTES (--cityoffederalway.com) I. CALL MEETING TO ORDER Mayor Park called the meeting to order at 6:37 PM. Councilmembers Present: Burbidge, Dovey, Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park. II. EXECUTIVE SESSION: Executive Session pursuant to RCW 42.30.110(1)(g) to evaluate qualifications of applicants for City Manager III. ADJOURNMENT Mayor Park adjourned the meeting at 8:33 PM. ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: COUNCIL MEETING DATE: June 6, 2006 ITEM #: '&'$ CITY OF FEDERAL WAY 510 CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance to Add Crimes for Domestic Violence in the Presence of Children and for Domestic Violence with Use. of Strangulation POLICY QUESTION: Should the Federal Way City Council pass the proposed ordinance to specifically add crimes for domestic violence which occurs in the presence of children and for domestic violence involving strangulation, which reorganizes the Federal Way City Code's adoption of the state domestic violence statutes for clarity? COMMITTEE: PARKS, RECREATION & PUBLIC SAFETY COMMITTEE MEETING DATE: May 8, 2006 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Pat Richardson, City Attorney _ DEPT: Law__ Attachments: Proposed Ordinance and Staff Report Options: 1. Recommend approval of the proposed Ordinance and forward to full Council for first reading at the June 6, 2006, City Council Meeting. 2. Suggest modifications to the proposed Ordinance and provide direction to staff. STAFF RECOMMENDATION: Approval of the proposed Ordinance and forward to full Council for first reading at the June 6, 2006, C/"YACouncil Meeting. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: Committee Council Co' mmittee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Zib4mmintle Member PROPOSED COUNCIL MOTION: "I move the proposed Ordinance to second heading and approval at the next regular meeting on June 20, 2006. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION• / ❑ APPROVED COUNCIL BILL # d(O ❑ DENIED 15T reading I TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # SED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: May 1, 2006 TO: Federal Way City Council Members FROM: Patricia A. Richardson, City Attorney Jennifer Snell, City Staff Attorney VIA: Derek Matheson, Interim City Manage ot-.-- SUBJECT: Proposed Ordinance to Add Crimes for Domestic Violence in the Presence of Children and for Domestic Violence with Use of Strangulation. BACKGROUND Domestic violence is pervasive and the impacts of domestic violence touch more than just the physical victims. The National Clearinghouse on Child Abuse and Neglect Information notes that even when children are not the direct targets of domestic violence, they are harmed by witnessing the violence -including auditory, visual, and observation of the aftermath of domestic violence. Research shows that children who witness domestic violence often suffer severe emotional and developmental difficulties similar to children who are the direct victims of abuse. The City of Federal Way has partnered with the South King County Community Network on a project studying the adverse effect on children that witness or are victims of domestic violence in Federal Way. Statistics show that in 2004, children were present during 232 charges of domestic violence. According to the New York State Office for the Prevention of Domestic Violence, strangulation has been identified as one of the most lethal forms of domestic violence. Strangulation is used by perpetrators as a method of power and control to silence their victims. The effects of strangulation are potentially fatal and have devastating psychological effects on the victim. Ten out of 100 violent deaths occur in the United States are due to strangulation, with six female victims to every male. The proposed ordinance also reorganizes the current Federal Way City Code adoption of the Washington State domestic violence statutes for clarity. K.\Memo\Council Memo\2006\ Criminal Law Update DV06.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE VIII, OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO CRIMINALIZE DOMESTIC VIOLENCE IN THE PRESENCE OF CHILDREN AND DOMESTIC VIOLENCE STRANGULATION (Amending Ordinance Nos 97-297 and 97-299) WHEREAS, Article XI, Section 11 of the Washington State Constitute authorizes the City Council to establish additional crimes as long as said crimes do not conflict with State Law; and WHEREAS, the City Council has enacted the City's law as set forth in the Federal Way City Code; and WHEREAS, the Chapter 6 of the Federal Way City Code identifies certain criminal violations designed to provide for public health, welfare and safety within the City; and, WHEREAS, crimes of domestic violence are pervasive with long term consequences suffered by not just the direct victims, but also the child witnesses; and WHEREAS, the City of Federal Way has partnered with South King County Community Network on a project studying the adverse effect on children whom are present and/or victims of domestic violence iri Federal Way; and WHEREAS, statistics show that in 2004 children were present during domestic violence in 232 domestic violence charges; and WHEREAS, studies show that strangulation domestic violence crimes are some of the ORD # , PAGE 1 most lethal, with the perpetrators using strangulation as a form of power and control, and studies show that perpetrators who have used strangulation in the past are far more likely to commit homicide; and WHEREAS, the City Council finds it is the best interest of the citizens to add the crime of domestic violence involving children witnesses and the crime domestic violence involving strangulation, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6, Article VM, Section 6-192 of the Federal Way City Code is hereby amended to read as follows: . 6-192 Crimes occurring between family or household members — Domestic violence. D('W 26.09.300, 26 26 138 26.44.063, 26.44.067, .and !''ha +e«s 10.99 d 26.50 DCW euffentl! or- s hereafter- amended, a hereby adopted by reference. . 150 and 26.10.220, adopted by Ee (1) Domestic violence anti -merger clause- Every person who, in the commission of a crime of domestic violence shall commit any other crime, may be punished therefore as well as for the crime of domestic violence, and may be prosecuted for each crime separately (2) Stranlgu ation a) A person is guilty of Strangulation if,_ under circumstances not amounting to a felony, he or she assaults another by means of strangulation. (b) Strangglation shall mean intentionally mpeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by obstructing the nose or mouth of another person. (c) Strangulation is a Toss misdemeanor. AU person convicted of this crime shall be punished by ijnprisonment for not less than 30 dM. (3) Exposing children to domestic violence (a)Aperson commits the crime of exposing children to domestic violence when he or she: ORD # , PAGE 2 (i) Commits a crime of domestic violence, as defined in RCW 10.99.020, and (ii) The crime is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child stepchild, or a minor child residing within the household of the person or victim. (b) For the purposes of this section, "witnessed" shall mean if the crime is seen or directly perceived in any other manner by the child (c) Exposing children to domestic violence is a gross misdemeanor. AU person convicted of this crime shall be punished by imprisonment of not less than 30 days. If the person is sentenced to less than the maximum statutory sentence, the court shall place the defendant on probation and the court shall impose conditions of probation that include attendance at a certified domestic violence perpetrator treatment projam as well as a treatment program that addresses the effects of domestic violence on children. (4) The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (a) RCW 26.09.300, Restraining orders — Notice — Refusal to comply — Arrest — Penalty — Defense — Peace officers, immunity. (b) RCW 26.26.138, Restraining order — Knowing violation — Penalty — Law enforcement immunity. (c) RCW 26.44.063, Temporary restraining order or preliminary injunction — Enforcement — Notice of modification or termination of restraining order. (d) RCW 26.44.067, Temporary restraining order or preliminM injunction — Contents — Notice — Noncompliance Defense — Penalty. (e) Chapter 10.99 RCW, Domestic violence — official response (fChapter 26.50 RCW, Domestic violence prevention (g) RCW 9A.36.150, Interfering with the reportingof domestic violence. (h) RCW 26.10.220, Restraining orders — Notice — Refusal to comply — Arrest — Penalty — Defense — Peace officers, immunity. SECTION 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of ORD # , PAGE 3 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 3. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 4. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day. of , CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: LAURA HATHAWAY, CMC, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: KA0rdinance\2006\Crimina1 update DV.doc ORD # , PAGE 4 COUNCIL MEETING DATE: June 6, 2006 ITEIl :#: CITY OF FEDERAL WAY 5C_ CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance to Modify Provisions Regarding Dangerous Dogs in Federal Way City Code POLICY QUESTION: SHOULD COUNCIL BAN DANGEROUS DOGS IN THE CITY; OR ALTERNATIVELY SHOULD COUNCIL EXPAND THE DEFINITION THE DANGEROUS DOGS AND OWNER REQUIREMENTS? COMMITTEE: PARKS, RECREATION AND PUBLIC SAFETY MEETING DATE: May 8, 2006 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: PATRICIA RICHARDSON, CITY ATTORNEY DEPT: Law On May 8, 2006 the Parks, Recreation and Public Safety Council Committee directed Staff to prepare an ordinance modifying Chapter 4 of the Federal Way City Code in regards to dangerous dogs as follows: 1. Expand the definition of dangerous dogs to include: a. Known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger human and/or domestic animals based upon notice to the owner. b. Bites without provocation after prior notice to the owner. c. Attacks without provocation after prior notice to the owner. 2. Expand the definition of potentially dangerous dogs to include: a. Owner reasonably knows dog has aggressively bitten, attacked or endangered humans and/or domestic animals. 3. Add due process notification, hearing and appellate process for determination of dangerous dog or potentially dog. 4. Strict liability for damage caused by dangerous dog. The Committee then directed Staff to prepare two alternatives for Council consideration: Alternative A provides: 1. A complete prohibition of dangerous dogs within the City limits. 2. Upon confiscation, the dangerous dog may be released to the Owner to remove the dangerous dog from within the City limits. Alternative B allows dangerous dogs but expands owner requirements to include: 1. An additional fee of $100 for owning a dangerous dog or potentially dangerous dog within the City. 2. Only individuals 18 years or older may own a dangerous dog. 3. Require a microchip to be implanted in the dangerous dog. 4. Require the Owner to provide a photo of the animal to animal control. Attachments: May 1, 2006 Staff Report with attached Tables; proposed ordinance prohibiting dangerous dogs within the City, and an alternative proposed ordinance allowing dangerous dogs, but expanding requirements for owners of dangerous dogs. STAFF RECOMMENDATION: Amend FWCC to clearly provide notice and due process procedures for determination of dangerous dog or potentially dangerous dog, and for penalties as a result of violations of the requirements. Follow Council direction in regards to the definitions, banning or allowing dangerous dogs, and owner requirements, if applicable. CITY MANAGER APPROVAL: Committee DIRECTOR APPROVAL: M f Committee Council COMMITTEE RECOMMENDATION: THE ORDINANCE PROHIBITING DANGEROUS DOGS WITHIN THE CITY. g*-`4 Committee Chair Committee Member � �� mc�rpo{ate Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed ordinance prohibiting dangerous dogs within the City and place the ordinance on the June 20, 2006 Council Agenda for second reading/enactment. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) �/� COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading KVI TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # SED — 02/06/2006 RESOLUTION # K:\agenda bi111Council\2006\dangerous dogs ordinance COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DANGEROUS DOGS ITEM 9: POLICY QUESTION: Should Council modify Chapter 4, article IV regarding dangerous dogs to be more restrictive and to specify the due process procedures for classifying the dog as dangerous or potentially dangerous and for imposing penalties? COMMITTEE: Parks, Recreation and Public Safety MEETING DATE: May 8, 2006 CATEGORY: ❑ Consent X Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Patricia Richardson City Attorney DEPT: Law ,Attachments: Staff report, existing Federal Way City Code, Chapter 4, Article IV and comparison tables for: 1. Definition of dangerous dogs; 2. Definition of potentially dangerous dogs; 3. Exceptions to dangerous dogs determination; 4. Notice of determination dangerous dog; 5. Ownership requirements for dangerous dogs; 6. Notice of violation for failure to comply with dangerous dog requirements; and 7. Penalties for failure to comply when dog determined dangerous. Options: 1. Amend the definition of dangerous dog to: a. Add "Known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals." b. Add "Bites without provocation". c. Add "Attacks without provocation". d. Identify breeds (i.e. American pit bull terrier, American bulldog or American Staffordshire terrier, or any mix thereof so as to be identifiable). 2. Amend the definition of potentially dangerous dog to: a. Owner reasonably knows dog has aggressively bitten, attacked or endangered humans and/or domestic animals. b. Owner knows or should reasonably know listed breeds as identified or partially of such breeds that appear or substantially similar. 3. Add the due process notification, hearing and appellate process for the determination of dangerous dog or potentially dangerous dog as follows: a. Animal control officer notify Owner of intent to classify dog as dangerous or potentially dangerous_ b. Serve notice by regular mail and certified, return receipt requested to last known address of Owner or Keeper; or by publication is address unknown. c. Form of notice should include: 1) Description of animal 2) Name and address of Owner or Keeper if known 3) Legal basis for the notice 4) Concise statement of facts supporting intent to classify dog 5) Option to request hearing within 14 calendar days 6) Restrictions or effect if dog determined dangerous or potentially dangerous 7) Right to appeal determination 8) Notice animal control may impound dog pending determination, and if dog classified Owner and/or Keeper responsible. to pay all costs. d. Appeal of animal control officer's determination to the King County Board of Appeals consistent with County Code. 4. Amend the ownership requirements to: a. Completely prohibit dangerous dogs within the City limits; or b. Establish an additional fee for a dangerous or potentially dangerous dog c_ Limit the Owner's age who may own a dangerous dog (i.e. 16 years, or 18 years) d_ Require microchip to be implanted e. Require to provide photo of animal to animal control 5. Amend FWCC to clarify the notification, hearing and appellate procedures by cross-referencing specific sections in other Articles in Chapter 4. 6. Amend -FWCC penalties for violations of the Owner requirements for dangerous dogs to: a. Gross misdemeanor instead of misdemeanor b. Strict liability for any damage caused by dangerous dog c. Upon confiscation, the dog may be released to the Owner to remove the dangerous dog from within the City limits. STAFF RECOMMENDATION: Amend FWCC to clearly provide notice and due process procedures for determination of dangerous dog or potentially dangerous dog, and for penalties as a result of violations of the requirements. Follow Council direction in regards to the remaining option d return to the June 12, 2006 Committee meeting with a propo?c�or dinance. CITY MANAGER APPROVAL: 01 V,-`` DIRECTOR APPROVAL: Comnuttee Council Co— a Council COMMITTEE RECOMMENDATION: Committee Chair Committee mber PROPOSED COUNCIL MOTION: "I move approval of (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE !t REVISED — 02/06/2006 RESOLUTION k CITY OF FEDERAL WAY MEMORANDUM DATE: May 1, 2006 TO: Parks, Recreation and Public Safety Committee VC FROM: Patricia A. Richardson, City Attorney Jenni Snell, City Staff Attorney SUBJECT: Staff Report Dangerous Dogs Ordinance Council requested comparison information of the Federal Way City Code ("FWCC") and those of other jurisdictions regulating dangerous and potentially dangerous dogs to determine whether the City should consider modifying FWCC Chapter IV, Article IV to be more restrictive. Please the attached current FWCC language. To produce the requested information, the following codes were reviewed: Auburn, Bellevue, Brier, Enumclaw, Kent, Kirkland, Lakewood, Mountlake Terrace, Renton, Sea Tac, Seattle, Tacoma, Tukwila, Yakima and King County. The attached tables for comparison between the FWCC and those of other jurisdictions begin with State law in the left hand column. It is intended that the State law indicate the basic regulations, and the notations under other jurisdictions depict additions to State law or more restrictive provisions. State law expressly authorizes the City to completely prohibit dangerous dogs within the City limits, to place additional restrictions on the owners of dangerous dogs, and to charge an additional registration fee for dangerous dogs. Additionally, although the City has no jurisdiction over felony crimes it is noted that State law sets forth felony criminal penalties for (1) Owners with a prior conviction of dangerous dog violation, or (2) Owners of any dog that "aggressively attacks and causes severe injury or death of any human". State law and case law require notification, opportunity for a hearing and an appellate process for owners before the authority designates a dog as dangerous. If the local jurisdiction has not established a process, State law mandates the process, the criteria, and the appeal to the municipal court or district court in the absence of a municipal court. The FWCC does not specify a hearing process or an appellate process in the designation of dangerous dogs. Instead FWCC 4-41 authorizes animal control to enforce the provisions regarding dogs, and the contract with King County Animal Control specifies that the City relies on the County's in-house procedures which follow state statute. It has come to our attention that the County's in-house process may not be sufficient in a 2006 case where Kirkland relied upon the County's procedures and the court found that the owner's due process rights were violated when the County designated the dog as vicious. Consequently, Staff recommends that FWCC Chapter 4, Article IV be amended to expressly set forth the notice, hearing and appellate process for the designation of dangerous dog. Additionally several provisions in Chapter 4 establish the due process procedure when the owner violates the restrictions for dangerous dogs. FWCC 4-59 sets forth the criteria and procedure for animal control to notify the owner of alleged violations, and Division 3, FWCC 4-71 through 4-76, set forth the appellate process before King County Board of Appeals. Depending upon Council's direction, Staff recommends clarifying the process by cross referencing the applicable sections. K:\agndaitem\prps\2006\dangerous dogs 031306 2 Does Definitions Dangerous Dogs State Statute Federal Way Auburn Brier Kirkland Seattle Tukwila Yakima Any dog that: Incorporate State statute + Any dog: Any dog: State statute State statute_ +; Ban pit bull a. Inflicts severe definition of a. Potentially a. Known a. Known a. Bites terriers — injury on a State Statute dangerous propensity, propensity, without defined as any human by reference. allowed tendency or tendency or provocation American pit without unrestrained disposition to disposition while off bull terrier, provocation off Owner's attack to attack Owner's Staffordshire (public or property. without without property. terrier, private b. Potentially provocation provocation b. Aggressive American property. dangerous to cause to cause manner, bulldog or b. Kills a harassed, injury or injury or inflicts American domestic tormented, otherwise otherwise severe Staffordshire animal and cause endanger endanger injury terrier, or any without concern humans humans or domestic mix American provocation safety of and/or domestic animal or pit bull terrier, while off humans or domestic animals. other Staffordshire Owner's domestic animals. b. Pit bull protected bull terrier, property. animals. b. Attacks defined as animal American c. Previously c. Demonstrat humans Owner without bulldog or found ed and/or knows provocation American potentially propensity, domestic partially while off Staffordshire dangerous, tendency, animals breed of Owner's terrier so as to owner disposition without American property. be received to attack provocation. Pit Bull identifiable. notice & dog unprovoked, c. Pit bull Terrier, again cause terrier over Staffordshir aggressively injury, or age of 6 e Bull bites, attacks otherwise months — Terrier, or or endangers threaten. defined as American human safety. containing Staffordshir identifiable a Terrier, or elements of declared American Pit breed after Bull Terrier, hearing. Staffordshire Bull Terrier or American Staffordshire Terrier. Dogs Definitions Potentially Dangerous Dog State Statute Federal Way Auburn Brier Kirkland Seattle Tukwila Yakima Unprovoked: Incorporate State statute +: No definition No definition State statute State statute +: No definition a. Inflicts bites on definition of a. Owner Bites limited to human or State Statute by reasonably causing break in domestic reference. knows has skin. animal on aggressively public or bitten, attacked private or endangered property; or humans or b. Chases or domestic approaches animals. human on b. Owner knows public property or should in menacing reasonably fashion or know listed apparent breeds as attitude of identified or attack or partially of known such breeds propensity, that appear or tendency or substantially disposition to similar. attack to cause injury or otherwise threaten safety humans or domestic animals. Dogs Definitions Exceptions State Statute Federal Way Auburn Brier Kirkland Seattle Tukwila Yakima a. Threat, injury or State Statute Subsections a & b of State No exceptions No exceptions No exceptions No exceptions No exceptions damage sustained Statute + when willfully Owner enrolled in and trespassing or other completed American tort on Owner's Kennel Club's Canine premises. Good Citizen or b. Person comparable course tormenting/abusing provided classification not or assaulting dog; result of unprovoked or history of such killing or injury to human actions. and/or domestic animal c. Committing or while off Owner's attempting to property or no prior commit a crime. finding of potentially dangerous due to a essive behavior. K:\memo\dangerous dog definition grid Notice of Determin n Dangerous Dog State Statute Federal Way Kirkland Renton Seattle Tukwila Notice of dangerous or Director of King County Animal control send notice After investigation City Animal control may find potentially dangerous dog County Health Code 11.04. ** of intent to declare Director may declare and declare dangerous dog classification. Department or dangerous, dangerous and order: if supported by probable animal control 1. Humane disposal; cause. Probable cause responsible to or includes: administer 2. Animal sent to a. Written complaint under King secure animal of citizen willing County Code shelter at Owner's to testify about Animal Control expense. dog's behavior; or Regulations b. Reports of dog 11.04. bites filed with animal control; or c. Animal control officer witness dog's behavior. d. Verified report dog previously found potentially dangerous or dangerous; or e. Other substantial admissible evidence. ** 2006 Washington State Supreme court case determined King County Code does not provide sufficient due process procedure for classification of dog Notice of Determination Dangerous Dog State Statute Federal Way Kirkland Renton Seattle Tukwila Serve notice by regular and King County King County Mail notice to Owner's last Serve notice by certified Serve notice: certified mail, return Code Code known address; or mail, return receipt a. . Certified mail; or receipt requested. publication if not known. requested; or personally at b. Personally; or last known address. c. Pos on front door of living unit. d. If can't locate Owner or keeper, publication. Form of notice: King County King County Form of notice: Form of notice: Form of notice: a. Legal basis. Code Code a. Code section. a. Supporting facts; a. Describe animal, b. Reasons consider b. Reasons for . b. Proposed b. Name and address dangerous dog. determination. disposition; of Owner/keeper c. Statement dog not c. Statement of c. Legal basis if known; subject to specific jurisdiction. d. Owner has 20 c. Location of requirements for d. Explain appeal days to respond; animal is not with dangerous dogs process by e. Owner has Owner/keeper; with list of submitting written opportunity to d. Supporting facts; requirements. documents, meet with Director e. Option to request d. Explain appeal e. Deadline to with the date, time hearing within 14 process. submit written (10 and location of the days; days) materials. meeting. f. Notice of f. Describe dog. restrictions for classification and notice of penalties for violation. Notice of Determin n Dangerous Doi State Statute Federal Way Kirkland Renton Seattle Tukwila Prior to final determination King County King County Police Chief/designee final Notice sets forth date, time provide Owner opportunity Code Code determination within 10 and location for meeting. to meet with animal control days. within 15 days. Animal control issues final King County King County Police Chief/designee Director issues Owner may appeal notice written determination Code Code written determination determination and disposal to King County Board of within 15 days. If within 7 days of decision: if determine dangerous in Appeals. determine dangerous dog a. Authority for writing: notice will include: action. a. Legal basis. a. Legal basis. b. Statement of facts b. . Supporting facts. b. Supporting facts. supporting c. Director's c. Signature of classification. signature. person. c. Explain insurance d. Notice of right to d. Send by regular and enclosure appeal to Hearing and certified mail, requirements. Examiner. return receipt d. Signature of requested; or decision maker. deliver to Owner's e. Send by regular last known and certified mail, address. return receipt requested; or in person. Animal control may order King County King County Dog will be confined or If Owner requests dog held Animal control may dog confined or controlled Code Code controlled as determined by at secure animal shelter, impound dog pending pending determination. If animal control pending must show shelter will determination found to be dangerous, determination and appeal. accept dog and willing to Owner pays all costs. If found to be dangerous, pay all expenses. Owner pays all costs. Notice of Determination Dangerous Dog State Statute Federal Way Kirkland Renton Seattle Tukwila Appeal to King Appeal to King Appeal to Municipal Court Appeal Director's Silent on appeal of King County Board County Board within 15 days. determination to Hearing County Board of Appeals of Appeals of Appeals Examiner. decision K:\mmo\Dangerous Dog Due Process grid Ownership Reauiremems for Dangerous Dogs State Statute Federal Way Auburn Kirkland Tacoma Seattle 1. Register the dog as a State statute State statute State statute State statute Complete prohibition dan erous do . 2, Muzzled and State statute State statute State statute State statute N/A restrained by a substantial chain or leash and under physical restraint of a responsible person. 3. If not muzzled and State statute State statute State statute State statute N/A restrained, a. Dog must be in a "proper enclosure"*; and, b. Premises posted with warning signs. 4. Insurance of at least State statute State statute State statute State statute N/A $250,000, insuring owner for any personal injuries inflicted by the dangerous dog. 5. Microchip implanted X X N/A 6. Licensing fee for $100 license fee $250 license fee N/A dangerous dogs. 7. Age requirements 16 years or older to have 18 years or older to own possession of dangerous a dangerous dog. dog on a leash. Additional requirement: Owner must provide a a. Vaccination from *Seattle prohibits owning photo of dog, depicting rabies w/in 3 years. or possessing dangerous color and physical b. Registration may be dog. To redeem such a characteristics of the dog. denied if applicant confiscated dog, owner has a history of not must show proof of complying with compliance with above requirements. requirements before owner c. Sterilization at 6 is allowed to take months (only applies dangerous dog out of the Jo pit bulls). city. K:\memo\dangerous dog req grid *A "proper enclosure is defined as "securely confined indoors or securely enclosed in a locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog." Notice of Violation of Failure to Comply with Dangerous Dog Requirements State Statute Federal Way Brier Kirkland Renton Tacoma Tukwila Yakima Serve notice of State statute +: References State statute Reference King Silent State statute +: violation by regular and a. Personal. County Code personally certified return receipt b. post on front requested. door of last known living unit. Form of notice: Form of notice: Form of notice: State statute a. Reasons for a. Name and a. Will destroy confiscation, address of dog. b. Owner Owner or b. Legal basis. responsible for Keeper if c. Right to appeal all costs. known. to Superior c. Destruction of b. Reasons for Court within dog within 20 violation. 14 days. days if not c. Statement of corrected. supporting facts. d. Appeal to King County Board of Appeals by submitting written statement within 14 days. e. Failure to appeal constitutes waiver of all rights. i,-: ujiuniu \uangerous uog aue process penaity gna Penalties for Failure to Comply Dangerous Dog Requirements State Statute Federal Way Brier Kirkland Renton Tacoma Tukwila Confiscation if, State statute +: State statute State statute State statute State statute Immediate confiscation if: a. Not registered. Remove from within a. Not secured, or b. Not enclosed or City limits within 48 b. Off Owner's restrained. hours of receiving property without c. No proof of written notice. restraint, or insurance. c. Invalid insurance. d. Not under physical restraint when off Owner's property. If violation, dog will Destruction stayed Upon confiscation, Upon confiscation, Upon confiscation, Serve notice of violation be disposed of as an for appeal period if owner has 2 days to owner has 10 days to owner has 72 hours personally or by regular and unredeemed animal Owner provides petition or dog petition or dog to petition or dog certified return receipt and the owner has no written notice of destroyed, destroyed. destroyed, requested. right to redeem such appeal within 10 a. Basis for dog. days. Dog may be released confiscation. in order to remove b. Owner responsible from city limits. for all costs. c. Dog disposed of as an unredeemed animal and the owner has no right to redeem such dog. Gross misdemeanor State statute Misdemeanor Subject to criminal punishable by up to penalty - unspecified $1,000 fine and 1 year in jail if injury, or gross misdemeanor if attacks or bites . Strict Liability for any State statute State statute damage caused by dangerous dog. Alternative provisions Civil penalty not to May be subject to Civil penalty: exceed $250.00 per civil infraction with 1. $50 first notice. violation (4-5). fine of $66. 2. $75 second notice within 1 year. 3. $200 each successive violation. K:\memo\dangerious dog penalty grid Alternative A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 4, ARTICLES I, II AND IV OF THE FEDERAL WAY CITY CODE TO UPDATE DEFINITIONS WITH REGARD TO DANGEROUS DOGS, PROVIDE NOTICE OF APPEAL RIGHTS TO DOG OWNERS, PROHIBIT DANGEROUS DOGS WITHIN THE CITY LIMITS, AND INCREASE PENALTIES TO DOG OWNERS (Amending Ord. Nos. 90-30, 92-153, 01-394). WHEREAS, the City of Federal Way is a non -charter code city under the laws of the State of Washington and, as such, has the power to enact ordinances for the protection of the public health, safety and general welfare and for other purposes; and WHEREAS, the City finds that a stricter definition of dangerous and potentially dangerous dogs furthers the health and safety of citizens; and WHEREAS, the City finds that prohibiting dangerous dogs within the city limits of the City furthers the health and safety of citizens; and WHEREAS, the City finds that strict liability requirements for owners of dangerous dogs furthers the health and safety of citizens; and WHEREAS, the City finds that specific notice to the owner of the dog's classification as a dangerous or potentially dangerous dog and notice to the owner of the owner's right to appeal the classification is in the best interest of the public; and ORD # 5 PAGE 1 WHEREAS, the City finds that specific notice to the owner of the violation under Chapter 4 and notice to the owner of the owner's right to appeal the violation is in the best interest of the public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 4, Article I, Section 4-1 of the Federal Way. City Code shall be amended to read as follows: 4-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the.meamngs ascribed to them in this section, except where the context clearly indicates a different meaning: Abatement shall mean the termination of any violation by reasonable and lawful means determined by the director of the animal control authority in order that a person or a person presumed to be the owner shall comply with this chapter. Animal shall mean any living creature except human beings, insects and worms. Animal control authority shall mean the county animal control division, department of general services, acting alone or in concert with other municipalities for enforcement of the animal control laws of the county and city for the shelter and welfare of animals. Animal control officer shall mean any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal. Animal rescuer means any individual who routinely obtains an unwanted dog or cat and who locates within 90 days an adoptive home for that spayed or neutered dog or cat provided, however, an interim, administrative extension may be granted by the animal control authority for a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian. Cattery means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not ORD # , PAGE 2 including small animal hospital, clinic or pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months. Dangerous dog shall mean any dog that according to the records of the animal control authority: (1) Has inflicted severe injury on a human being without provocation on public or private property, (2) Has killed a domestic animal without provocation while off the owner's property, of (3) Has been previously found to be potentially dangerous; and the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals, (4) Has a known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals based upon notice to the owner, (5) Bites or attacks without provocation after prior notice to the owner, (6) Is defined as a "dangerous dop," under RCW 16.08.070 as it currently exists or is amended in the future. Director shall mean the director of the county department of health. Domesticated animal shall mean those domesticated beasts including any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic. Euthanasia shall mean the humane destruction of an animal, accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness. Grooming service means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. Harboring, keeping or maintaining a dog or cat shall mean performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such manner as to control the animal's actions, or that the animal is treated as living at one's house by the homeowner. Hobby cattery means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed in FWCC 9-186. ORD # , PAGE 3 Hobby kennel means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed in FWCC 9-169.1. Juvenile means any dog or cat, altered or unaltered, that is under the age of six months. Kennel shall mean a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months. Known propensity shall mean an inclination for behavior that the owner is or should be aware of. Livestock means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but does not include small, wild or predatory animals, as defined in King County Code 21.04.540. Owner shall mean any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. Packs of dogs shall consist of a group of two or more dogs running upon either public or private property not that of their owner in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not'restrained or controlled. Pet shop shall mean any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rent such live animals to the public or to retail outlets. Potentially dangerous dog shall mean a dog the owner reasonably knows has aggressively bitten, attacked or endangered humans and/or domestic animals and as defined under RCW 16.08.070. Running at large shall mean to be off the premises of the owner or custodian and not secured by a leash 15 feet or less. Service animal means any animal, which is trained or being trained to aide a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization. Severe injury shall mean any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery., ORD # , PAGE 4 Shelter shall mean a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. Special hobby kennel license means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in this chapter. Under control shall mean the animal is under voice competent and/or signal control so as to thereby be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. Vieieus shall mean the aet of or the pmpeasity te do any aet endangering the safety of any per -son, animal eF pr-epeFty ef another-, > but not limited te, biting a human bein&- ,ttarak a h,,.na beingsor- ,t,,mestieatoa animals ..,itheut p eeatien. Ord. No. 90-30, § 2(A) — (N), (P) — (T), 2-13-90; Ord. No. 92-153, § 2, 11-17-92) SECTION 2. Chapter 4, Article H, Section 4-59 of the Federal Way City Code shall be amended to read as follows: 4-59 Notice of classification or notice of violation — Order. (a) The director or authorized animal control officer shall issue a notice and order directed to the owner or the person presumed to be the owner of the animal subject to classification of dangerous or potentially dangerous dogs or animal maintained in violation of this chapter. The notice and order shall contain: (1) The name and address, if known, of the owner or person presumed to be the owner of the animal in violation of this chapter; (2) The license number, if available, and description of the animal in violation sufficient for identification; (3) A statement that the director or authorized animal control officer has found the animal maintained illegally with a brief and concise description of the conditions found to render the animal in violation of this chapter; (4) A statement of the action required to be taken as determined by the director of the animal control authority as follows: ORD # , PAGE 5 a. If the director has determined the violation must be abated, the order shall require the abatement be completed within a time certain from the date of the order as determined by the director to be reasonable; b. If the director of the animal control authority has determined to assess a civil penalty, the order shall require that the penalty shall be paid within 14 days from the date of the order; (5) A statement advising that if any required abatement is not commenced within the time specified, the director of the animal control authority will proceed to cause abatement and charge the costs thereof against the owner; (6) A statement advising that a person having a legal interest in the animal may appeal from the notice and order or any action of the director of the animal control authority to the board of appeals; provided, the appeal is made in writing as provided in this chapter, and filed with the director of the animal control authority within 14 days from the date of service of such notice and order; and that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (b) The notice and order shall be served on the owner or presumed owner of the animal or person with right to control the animal to be classified or in violation. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of the notice and order by certified mail, postage prepaid, to the person at his or her last known address, or by posting the notice and order on the front door of the living unit of the owner or person with right to control the animal. (c) Proof of service of the notice and order shall be made at the time of service by written declaration under penalty of perjury by the person effecting service, declaring the time, date and manner in which service was made. (Ord. No. 90-30, § 25(B)(1) — (6)(a) — (6)(e), 2-13- 90; Ord. No. 92-153, § 39(B)(1) — (6)(a) — (6)(e), 11-17-92) SECTION 3. Chapter 4, Article IV, Section 4-121 of the Federal Way City Code shall be amended to read as follows: 4-121 . Dangerous Dogs Prohibited. Sl)_ It is unlawful f r an ,., me—r- to own or possess have a dangerous dog.within the city limits of the City of Federal Wayne ei}_ For the purpose of this provision, "dangerous dog" shall be defined by FWCC 4-1 and RCW 16.08.070. Wit „t ^ cetifl^^*e of,.o,,;s+..,,fie fl as required by RCW 16.08.08 (2) Upon final designation of a dog as a Dangerous Dog, the dog must either be surrendered to the animal control authority or be removed from the city limits of Federal Way within 72 hours of the desiggation. ORD # , PAGE 6 (3) Violation of this section shall be a gzross misdemeanor, punishable by up to one year in jail and a fine of up to five thousand dollars. (4) Owners or kecpers of Dangerous Dogs shall be strictly liable for any damaged caused by the Dangerous Dog. (Ord. No. 90-30, § 33(A), 2-13-90; Ord. No. 92-153, § 47(A), 11-17- 92) SECTION 4. Chapter 4, Article IV, Section 4-123 of the Federal Way City Code shall be repealed as follows: 4 123 Muzzle, restraint Sign. .WAVITERTM SECTION 5. Chapter 4, Article IV, Section 4-124 of the Federal Way City Code shall be renumbered and amended to read as follows: 4-123 424 Confiscation. Any dog shall be immediately confiscated by the animal control authority if•. (4)-Tlhe dog has been deemed is a dangerous doia as defined by FWCC 4-1 or RCW 16.08.070 and the owner has received notice under RCW 16.08.080 and either failed to appeal or been denied relief following appeal under FWCC Chapter 4. If the dangerous dog designation is under appeal at the time of confiscation, the dog shall remain confined at the owner's expense while the appeal is pending. . ; ORD # , PAGE 7 () The dog is not maintained irnrthe proper- enele ; e.r (4) The dog is outside oft the Etwellir, of the ev..,er o „tside of the pFopeA enelestwe an i net under- phy-sieal r-estfainA of the responsible per -son and it is not . - +zz4e.. Any dangerous dog confiscated under this section will be held pending appeal of the classification or violation, upon final determination it may be disposed of as an unfede animal and the owner has no right to redeem such dog. However, upon showing of good cause and by discretion of the animal control authority, the dog may be released to the owner for removal from within the city limits. In addition, the owner shall, upon conviction, be guilty of a gross misdemeanor punishable as provided in RCW 9A.20.021. (Ord. No. 90-30, § 33(C), 2-13-90; Ord. No. 92-153, § 47(C), 11-17-92) SECTION 6. Chapter 4, Article IV, Section 4-125 of the Federal Way City Code shall be renumbered and amended to read as follows: 4-124 425 General provisions. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 16.08.020, Dogs injuring stock may be killed. (2) RCW 16.08.030, Marauding dog - Duty of owner to kill. (3) RC 16.09.070, Dangerous dogs Definitions. (4) RC-W 608 100(i), DangGrosdogs Ce fiseafieir (Ord. No. 01-394, § 2, 6-19-01) SECTION 7, Chapter 4, Article IV, Sections 4-126 through 4-145 shall be renumbered to read as follows: 4-125 426- 4-145 Reserved. SECTION 8. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall ORD 4 , PAGE 8 not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 9. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 10. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of , 2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ORDI4\2006\Dangerous Dogsl.doc ORD # , PAGE 9 Alternative B ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 4, ARTICLES I, II AND IV OF THE FEDERAL WAY CITY CODE TO UPDATE DEFINITIONS OF DANGEROUS DOGS, PROVIDE NOTICE OF APPEAL RIGHTS TO DOG OWNERS, REGULATE DANGEROUS DOGS, AND INCREASE PENALTIES TO DOG OWNERS (Amending Ord. Nos. 90-30, 92-153, 01-394). WHEREAS, the City of Federal Way is a non -charter code city under the laws of the State of Washington and, as such, has the power to enact ordinances for the protection of the public health, safety and general welfare and for other purposes; and WHEREAS, the City finds that a stricter definition of dangerous and potentially dangerous dogs furthers the health and safety of citizens; and WHEREAS, the City finds more stringent requirements for owners of dangerous dogs furthers the health and safety of citizens; and WHEREAS, the City finds that specific notice to the owner of the dog's classification as a dangerous or potentially dangerous dog and notice to the owner of the owner's right to appeal the classification is in the best interest of the public; and WHEREAS, the City finds that specific notice to the owner of the violation under Chapter, 4 and notice to the owner of the owner's right to appeal the violation is in the best interest of the public; ORD # PAGE 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 4, Article I, Section 4-1 of the Federal Way City Code shall be amended to read as follows: 4-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abatement shall mean the termination of any violation by reasonable and lawful means determined by the director of the animal control authority in order that a person or a person presumed to be the owner shall comply with this chapter. Animal shall mean any living creature except human beings, insects and worms. Animal control authority shall mean the county animal control division, department of general services, acting alone or in concert with other municipalities for enforcement of the animal control laws of the county and city for the shelter and welfare of animals. Animal control officer shall mean any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal. Animal rescuer means any individual who routinely obtains an unwanted dog or cat and who locates within 90 days an adoptive home for that spayed or neutered dog or cat provided, however, an interim, administrative extension may be granted by the animal control authority for a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian. Cattery means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including small animal hospital, clinic or pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months. Dangerous dog shall mean any dog that according to the records of the apprepriate animal control authority: (1) Has inflicted severe injury on a human being without provocation on public or private property, ORD # , PAGE 2 (2) Has killed a domestic animal without provocation while off the owner's property, OF (3) Has been previously found to be potentially dangerous; and the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals., (4) Has a known propensity, tendenc or r disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals based upon notice to the owner, (5) Bites or attacks without provocation after prior notice to the owner, (6) Is defined as a "dangerous dog" under RCW 16.08.070 as it currently exists or is amended in the future. Director shall mean the director of the county department of health. Domesticated animal shall mean those domesticated beasts including any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic. Euthanasia shall mean the humane destruction of an animal, accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness. Grooming service means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. Harboring, keeping or maintaining a dog or cat shall mean performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such manner as to control the animal's actions, or that the animal is treated as living at one's house by the homeowner. Hobby cattery means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed in FWCC 9-186. Hobby kennel means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed in FWCC 9-169.1. Juvenile means any dog or cat, altered or unaltered, that is under the age of six months. ORD # , PAGE 3 Kennel shall mean a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months. Known propensity shall mean an inclination for behavior that the owner is or should be aware of. Livestock means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but does not include small, wild or predatory animals, as defined in King County Code 21.04.540. Owner shall mean any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. Packs of dogs shall consist of a group of two or more dogs running upon either public or private property not that of their owner in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. Pet shop shall mean any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rent such live animals to the public or to retail outlets. Potentially dangerous dog shall mean a dog the owner reasonably knows has aggressively bitten, attacked or endangered humans and/or domestic animals and as defined under RCW 16.08.070. Running at large shall mean to be off the premises of the owner or custodian and not secured by a leash 15 feet or less. Service animal means any animal, which is trained or being trained to aide a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization. Severe injury shall mean any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. Shelter shall mean a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. Special hobby kennel license means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only ORD # , PAGE 4 those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in this chapter. Under control shall mean the animal is under voice competent and/or signal control so as to thereby be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. uttaek en human beings or-domestieated animals without pr-eveentien.. -Ord. No. 90-30, § 2(A) - (N ), (P) - (T), 2-13-90; Ord. No. 92-153, § 2, 11-17-92) SECTION 2. Chapter 4, Article 11, Section 4-59 of the Federal Way City Code shall be amended to read as follows: 4-59 Notice of classification or notice of violation - Order. (a) The director or authorized animal control officer shall issue a notice and order directed to the owner or the person presumed to be the owner of the animal subject to classification of dangerous or potentially dangerous dogs or animal maintained in violation of this chapter. The notice and order shall contain: (1) The name and address, if known, of the owner or person presumed to be the owner of the animal in violation of this chapter; (2) The license number, if available, and description of the animal in violation sufficient for identification; (3) A statement that the director or authorized animal control officer has found the animal maintained illegally with a brief and concise description of the conditions found to render the animal in violation of this chapter; (4) A statement of the action required to be taken as determined by the director of the animal control authority as follows: a. If the director has determined the violation must be abated, the order shall require the abatement be completed within a time certain from the date of the order as determined by the director to be reasonable; . b. If the director of the animal control authority has determined to assess a civil penalty, the order shall require that the penalty shall be paid within 14 days from the date of the order; ORD # , PAGE 5 (5) A statement advising that if any required abatement is not commenced within the time specified, the director of the animal control authority will proceed to cause abatement and charge the costs thereof against the owner; (6) A statement advising that a person having a legal interest in the animal may appeal from the notice and order or any action of the director of the animal control authority to the board of appeals; provided, the appeal is made in writing as provided in this chapter, and filed with the director of the animal control authority within 14 days from the date of service of such notice and order; and that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (b) The notice and order shall be served on the owner or presumed owner of the animal or person with right to control the animal to be classified or in violation. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of the notice and order by certified mail, postage prepaid, to the person at his or her last known address, or by posting the notice and order on the front door of the living unit of the owner or person with right to control the animal. (c) Proof of service of the notice and order shall be made at the time of service by written declaration under penalty of perjury by the person effecting service, declaring the time, date and manner in which service was made. (Ord. No. 90-30, § 25(B)(1) — (6)(a) — (6)(e), 2-13- 90; Ord. No. 92-153, § 39(B)(1) — (6)(a) — (6)(e), 11-17-92) SECTION 3. Chapter 4, Article IV, Section 4-121 of the Federal Way City Code shall be amended to read as follows: 4-121 Registration of Dangerous and Potentially Dangerous Dogs. It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration as required by RCW 16.08.080. The owner of a dangerous or potentially dangerous dog must register the dog with the Ci y. Registration shall include: (1) $100 dangerous or potentially dangerous dog fee in addition to any other registration fees; (2) The registered owner must be at least eighteen years of age; (3) The owner must provide a photo of the dangerous or potentially dangerous dog to the animal.control authority; (4) The owner of a dangerous dog must have the dog implanted with a microchip within 14 days of designation as a dangerous dog and file the microchip number with the City Finance Department; and ORD # , PAGE 6 (5) The owner of a dangerous dog shall maintain a surety bond or liability insurance as required under RCW 16.08.080. (Ord. No. 90-30, § 33(A), 2-13-90; Ord. No. 92-153, § 47(A), 11-17-92) SECTION 4. Chapter 4, Article IV, Section 4-123 ofthe Federal Way City Code shall be amended to read as follows: 4-123Muz '�e, FesRestraint and control requirements for dangerous dogs. (a) It is unlawful for the owner of a dangerous dog to permit the dog to be outside the proper enclosure as defined in RCW 16.08.070, unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. (b) The owner of a dangerous dog shall further be required to post the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog. (Ord. No. 90-30, § 33(B), 2-13-90; Ord. No. 92-153, § 47(B), 11-17-92) SECTION 5. Chapter 4, Article IV, Section 4-124 of the Federal Way City Code shall be amended as follows: 4-124 Confiscation. Any dog shall be immediately confiscated by the animal control authority if- (1) The dog is not validly registered under FWCC 4-121 or RCW 16.08.080; (2) The owner does not secure the liability insurance coverage required by FWCC 4-121 or RCW 16.08.080; (3) The dog is not maintained in the proper enclosure; er (4) The dog is outside of the dwelling of the owner or outside of the property enclosure and not under physical restraint of the responsible person and it is not wearing a muzzle; or (5)T The dog has not been implanted with a microchip and 14 days or more have elapsed since the dog was designated a dangerous dog. ORD # , PAGE 7 Any dangerous dog confiscated under this section -Hill -ma be disposed of as an unredeemed animal if the owner fails to appeal the violation or is denied relief following appeal and the owner has no right to redeem such dog. In addition, the owner shall, upon conviction, be guilty of a gross misdemeanor punishable as provided in RCW 9A.20.021. (Ord. No. 90-30, § 33(C), 2-13-90; Ord. No. 92-153, § 47(C), 11-17-92) SECTION 6. A new section, Section 4-126 shall be added to Chapter 4, Article IV of the Federal Way City Code to read as follows: 4-126 Strict Liability for owners of dangerous dogs. The owner of a dangerous dog shall be strictly liable for any damage caused by the dangerous dog. SECTION7. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 8. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 9. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ORD # , PAGE 8 ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ORDIN\2006\Dangerous Dogs2.doc ORD # , PAGE 9 COUNCIL MEETING DATE: June 6,200 ITEM #: JK CITY OF FEDERAL WAY 54 CITY COUNCIL AGENDA BILL SUBJECT: 2006 PARKS, RECREATION AND OPEN SPACE PLAN UPDATE POLICY QUESTION: Should the City approve the draft of the updated Parks, Recreation and Open Space Plan? COMMITTEE: Parks, Recreation and Public Safety MEETING DATE: May. 8, 2006. CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: B Sanders, Park Planning & Dev't Coordinator DEPT: PRCS Note: Chapter 7, the Implementation Plan, is being fmalized at the writing of this memo, and a final version will be presented at the meeting. Attachments: 1. Summary of Plan Update 2. Draft Parks, Recreation and Open Space Plan and Appendices Options Considered- 1. Adopt Plan as prepared. 2. Adopt Plan with suggested changes. STAFF RECOMMENDATION: S recommen tion 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: Committee Council Co ttee Muncil COMMITTEE RECOMMENDATION: Committee Chair Committed Member ZtompAtie Member PROPOSED COUNCIL MOTION: "I move approval of P kv1 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # VISED — 02/06/2006 RESOLUTION # 4k CITY OF ,�. Federal Way SUMMARY: Update of Parks, Recreation and Open Space Plan-2006 The Parks, Recreation and Cultural Services Department is in the process of updating the City's Parks, Recreation and Open Space Plan, which is a component of the Federal Way Comprehensive Plan (FWCP). This is done every six years, in compliance with the Washington State Growth Management Act (GMA). The FWCP is updated on an annual basis. At the time that the FWCP is updated later this year, the updated Parks Plan will be incorporated by reference. In addition, Chapter 6 "Capital Facilities" of the FWCP will be amended to reflect the changes made in the Parks Plan. The purpose of the Parks, Recreation and Open Space Plan is to express the community's values and vision in these areas and to periodically assess implementation progress, identify needs for the future, and develop plans and funding strategies for future programs and improvements. A public hearing before the Planning Commission is a required part of the adoption process for this plan. The City last updated the Parks, Recreation and Open Space Comprehensive Plan 2000 in September 2000. Adoption is scheduled for June of this year, to be eligible for grant funding from the Washington Interagency Committee for Outdoor Recreation (IAC). Planning Process The planning process has included an extensive assessment of the City's existing parks and open spaces, and its recreation programs. It has also included efforts to determine the needs and desires of the community using a series of different approaches. These have included public opinion surveys, open house meetings, meetings with a stakeholders group (made up of individuals representing organizations that. have an interest in the future of the City's park system), and briefings and working sessions with the Parks and Recreation Commission and the Parks, Recreation and Public Safety Committee of the City Council. A Determination of Nonsignificance pursuant to the State Environmental Policy Act (SEPA) was issued April 22, 2006. A public hearing was held before the Planning Commission on May 3, 2006: Accomplishments Since 2000 Plan Substantial achievements have been made since the last plan was prepared. This includes acquisition of several properties, including West Hylebos Wetlands State Park, the site for Madrona Park (the former Armstrong property), and several parcels in the Hylebos Basin. Purchase of Camp Kilworth, an existing Boy Scout Camp with Puget Sound waterfront, is in process. Facility improvements include development of Madrona Park, BPA trail extensions, new playground equipment and improvements in several parks, phase one of site restoration at Dumas Bay Centre, and installation of an artificial turf soccer field at Steel Lake Park. The largest project undertaken during this period is . the planning and design of the new Federal Way Community Center. Construction on this project is expected to be completed in late 2006. Community Direction A set of "Core Values" emerged from a consensus of ideas and opinions expressed through the public outreach efforts. These core values have been used to guide the concepts and proposals developed throughout the planning process. These are outlined briefly below: Core Value #1: Improve Existing Facilities and Provide Multiple Functions in Parks Public input indicated that there is strong community desire to focus on improving the resources the City currently owns, rather than acquiring additional property. With future improvements the City is encouraged to provide a variety of uses and facilities at each park site to appeal to a wider range of user groups, and to serve different ages within a family. Core Value #2: Develop a Walking and Biking Community through an Integrated Trail and Sidewalk Network According to survey results, walking; hiking; arid. walking dogs are some of the activities people participate inmost frequently. Having an improved system of loop trails, or an interconnected network of sidewalks and trails that connect to parks, schools and other destinations, will provide additional recreation and nonmotorized transportation options for Federal Way residents. Core Value #3: Retain and Improve Our Open Spaces The City of Federal Way owns more than 500 acres of land categorized as open space. These open spaces provide a valuable amenity and resource in the community. A balance between protecting and improving the ecological health of these areas and providing opportunities for the community to enjoy and use them is essential. A particular challenge facing the City and the region is the rapid spread of invasive plant species, such as ivy, blackberry and Scot's broom. Core Value #4: Create Community Gathering Places and Destinations One of the consistent messages heard from the public is that the City lacks places to gather, meet with friends and neighbors, and socialize. Creating community gathering places is especially important as the City Center develops, and as parks are designed (or redesigned) and developed. Core Value #5: Provide a Balance of Services for a Diverse Population The City should offer a diversity of facilities, services and programs to accommodate a variety of age groups, interests, income levels, and abilities. Public input encouraged special consideration be given to youth, seniors, and persons with special needs. With an increasingly diverse population, the City should continue to be pro -active in assessing recreational trends and needs. Plan Components The Core Values listed above were used in developing the heart of the Parks, Recreation and Open Space Plan. The plan components include: • Plan purpose and process —Chapter 1 • Community profile ---Chapter 2 • Overview of existing parks and open space system —Chapter 3 • Assessment of recreation programs and recreation trends ---Chapter 4 • Needs assessment and level of service standards --Chapter 5 • Goals and Policies --Chapter 6 • An implementation plan --Chapter 7 • Individual park and athletic facility assessments —Appendices Changes in this Plan This updated plan differs from the 2000 Plan in several ways. The 2006 Plan has: • Less emphasis on development of new neighborhood parks, and increased emphasis on enlivening existing ones • Less emphasis on quantity of park land (and a numeric level of service standard), and more emphasis on their future development • A detailed assessment of each individual park and open space site • A focus on meeting a variety of social and recreational needs, including for community gathering spaces, and for a diverse community Revisions to the Draft Plan Several revisions have been incorporated into the final draft document since it was reviewed by the Parks, Recreation and Public Safety Committee on May 8, 2006. Most of these are minor text edits, as suggested by Parks and Recreation Commission, Planning Commission and PRPS Committee members, and by staff. In addition two more substantive additions (based on material in the 2000 Plan) have been added to the final implementation chapter. These are attached to this memo and include: 1. The Park Planning Areas Map that was adopted in the 2000 Parks Plan has been updated and added to the 2006 Parks Plan. This map is used in locating where mitigation fees (based on SEPA )that are received from developers shall be spent. 2. The 2000 Parks Plan contained a table of criteria to guide decisions concerning acquisition, development and renovation of park properties. The 2006 Plan has changed the table into a list of criteria, using the same concepts as before, but in a simplified approach. Action Planning and adoption of the Parks, Recreation and Open Space Plan has moved quickly due to the need to be eligible for grant funding this year. The adoption schedule includes: May 3—Public Hearing by Planning Commission May 4—Final review and recommendation by Parks and Recreation Commission May 8—Parks; Recreation and Public Safety Council Committee June 6—City Council: 1 " Reading of Ordinance June 20—City Council: 2nd Reading of Ordinance and Adoption June 22 Transmittal to Washington Interagency Committee for Outdoor Recreation(IAC) Plans Available A complete copy of the draft updated Parks, Recreation and Open Space Plan will be available in the Council Member offices. If any Council Member would like an individual copy, please contact B Sanders, Park Planning and Development Coordinator at 253. 835. 6912. Draft Update: Parks, Recreation and Open Space Plan Page112 Add new section: Park Acquisition, Development and Renovation At times unexpected opportunities occur to purchase land or develop a project that has not been identified in this plan or listed in the Capital Improvements Plan. In those circumstances, the following criteria may be used to evaluate the property or project as an. aid indecision- making. Staff may assess the situation using these criteria, identify potential funding sources, then present to the Parks and Recreation Commission and.the City Council for their consideration. Park Acquisition Development and Renovation Criteria 1. Responds to an important gap in the park system or an urgent need or opportunity such as geographic location or unique circumstances not otherwise provided. Also may conform to legal contractual mandate. 2. Documented need based on evidence of unsanitary conditions, health and safety code violation, visible deterioration, and/or injuries. 3. Funding availability for the capital project as well as maintenance and operation or potential for leveraging 50% of project costs from other sources. 4. Deferring the project will have negative implications for future park and recreation use or other capital projects within the City. 5. Conforms to the Parks and Recreation and Open Space Plan or other adopted plans. In order for acquisition, development, or renovation to be considered, the majority of these criteria need to be met. Map Date: May, 20M City of Park Planning City of Federal Way 33325 8th Ave S, Federal Way, WA 98003 FederalWay Areas www.c*dyoffederalway.com Legend This map is accompanied by g NO warranties. 0 0.3 0.6 1.2 N . 13Park Planning Areas Parks CITY III Miles Federal Way ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CITY'S, PARKS, RECREATION, AND OPEN SPACE PLAN (AMENDING ORDINANCE NO'S. 9043, 91-114, 95-247, 95-248, 96- 270, 98-330, 00-372, 01405, 03442, 04460, 04-461, 04462). WHEREAS, the Growth Management Act of 1990, as amended (Chapter 36.70A RCW or "GMA'), requires the City ofFederal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, and transportation element (including transportation system map[s]); and WHEREAS, as authorized by Chapters 35A.63 and 36.70A RCW, the comprehensive plan may include an optional open space, park, and recreation element; and WHEREAS, the Federal Way City Council adopted a Parks, Recreation, and Open Space Plan on December 3, 1991, and subsequently amended this plan on November 21, 2005; and WHEREAS the Parks, Recreation, and Open Space Plan is adopted by reference into the comprehensive plan; and WHEREAS the Parks, Recreation, and Open Space Plan is consistent with the City of Federal Way's existing land use policies contained in the Federal Way Comprehensive Plan, the Federal Way City Code, and the Zoning Map; and WHEREAS the Parks, Recreation, and Open Space Plan is consistent with the GMA as it contains the following components: (a) an inventory showing the location and capacity of existing capital facilities; (b) a forecast of future needs per capital facility; (c) the location and capacity of proposed new or expanded capital facilities; and (d) a six -year capital improvement plan identifying sources of public money to fund these improvements; and WHEREAS, on April 22, 2006, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the 2006 Parks, Recreation, and Open Space Plan; and Ord # , Page l WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. The City's Planning Commission held a public hearing on the proposed amendments to the Parks, Recreation, and Open Space Plan on May 3, 2006, after which it recommended approval of the proposed amendments; and 2. The City's Parks Commission considered the proposed amendments on May 4, 2006, after which it recommended approval of the proposed amendments; and 3. The Parks, Recreation, and Public Safety Committee of the Federal Way City Council considered the proposed amendments on May 8, 2006, following which it recommended approval to the full City Council; and 4. The full City Council considered the matter at its meetings on June 6, 2006, and June 20, 2006; and WHEREAS, the City Council desires to approve the proposed amendments to the Parks, Recreation, and Open Space Plan. Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findinjzs. A. The proposed amendments to -the Parks, Recreation, and Open Space Plan, asset forth in Exhibit A attached hereto, is the result of a planning process that has included an extensive assessment of the City's existing parks and open spaces, and its recreation programs. It has also included efforts to determine the needs and desires of the community using a series of different approaches. These have included public opinion surveys, open house meetings, meetings with a stakeholders group (made up of individuals representing organizations that have an interest in the future of the City's park system), and briefings and working sessions with the Parks and Recreation Commission and the Parks, Recreation, and Public Safety Committee of the City Council. The proposed amendment will, therefore, benefit the neighborhood, City, and region, and bears Ord # , Page 2 a substantial relationship to public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements of RCW 36.70A and the unamended portion of the Federal Way Comprehensive Plan. B.. Parks and recreation facilities are essential to maintaining and enhancing quality of life in the City. The new and improved facilities recommended by the 2006 Parks, Recreation, and Open Space Plan provide a basic service for residents of the City and surrounding areas and should be treated as such by the City of Federal Way in its policy and resource commitments. C. Implementation of the "core values" of the 2006 Parks, Recreation, and Open Space Plan, such as retaining and improving existing open spaces and facilities; encouraging walking and biking through an integrated trail and sidewalk network; providing areas for friends and neighbors to gather, meet, and socialize; and providing a balance of services for a diverse population will benefit the neighborhood, City, and region. Section 2. Parks, Recreation and Open Space Plan Adoption. The Parks, Recreation, and Open Space Plan, as thereafter amended in 1991 and 1995, copies of which are on file with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibit A attached hereto. Section 3. Amendment Authority. The adoption of the Parks, Recreation, and Open Space Plan amendments in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to Federal Way City Code Section 22-541. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Savings Clause. The City of Federal Way Parks, Recreation, and Open Space Plan, as thereafter amended in1991 and 1995, shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. Ord # , Page 3 Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force 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 2006. CITY OF FEDERAL WAY Mayor, Mike Park 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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: I:\2006 PARKS PLAN UPDATMAdoption Ordinance4oc/5/30/2006 4:35 PM Ord # , Page 4 COUNCIL MEETING.DATE: June 6, 2006 ITEM #: SO ser ---- -------- --- --- — -- __ ... -- ----- CITY OF FEDERAL WAY _ 5�-7 CITY COUNCIL AGENDA BILL SUBJECT: Proposed Washington State Parks and Recreation (Dash Point Park) Sewer Line and Park Utilities Franchise POLICY QUESTION: Should the City grant the Washington State Parks and Recreation a Franchise to operate and maintain a sewer line and other park utilities within certain Rights of Way and streets within the City of Federal Way? COMMITTEE: FHSRAC MEETING DATE: May 23, 2006 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ken Miller, Deputy Director DEPT: Public Works Attachments: FHSRAC memorandum, Attachment A Ordinance, Attachment B Options Considered: 01. Recommend approval of the Ordinance and forward to the full Council for first reading at the June 6, 2006 meeting. 2. Recommend rejection of the Ordinance. 3. Recommend modification of the Ordinance and forward to the full Council for first reading at the June 6, 2006 meeting. STAFF RECOMMENDATION: Approve the Ordinance and forward to the full Council for first reading at the June 6, 2006 meeting. (Option 1) f� r, ns CITY MANAGER APPROVAL: COMMITTEE RECOMMENDATION: Forward Option 1. Linda Kocjhnar, Chair / / Jeanne DIRECTOR APPROVAL: N Committee Council PROPOSED COUNCIL MOTION: "I move to approve the draft ordinance with an effective date of July 24, 2006, placing it on the June 20, 2006 City Council Consent tlgenda for second reacting. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: I❑ APPROVED COUNCIL BILL # O ❑ DENIED In reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading �/�'W' MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # Attachment A CITY OF FEDERAL WAY MEMORANDUM DATE: May 23, 2006 TO: Finance, Human Services and Regional Affairs Committee VIA: Derek Matheson, Interim City Manager FROM: Ken Miller, P.E., Deputy Public Works Director 1�1" Cary M. Roe, P.E., Public Works Director SUBJECT • Proposed Washington State Parks and Recreation (Dash Point Park) Sewer Line and Park Utilities Franchise BACKGROUND The basic terms of the proposed franchise are as follows: 1. Equipment. The franchise would permit Washington State Parks and Recreation to maintain and repair a currently existing sewer line and construct and install new utility facilities within City Rights -of -Way. 2. Consideration. Washington State Parks and Recreation will pay the City's administrative costs and expenses in preparing and approving the franchise. Washington State Parks and Recreation will also relocate its facilities at the City's request, at their cost, and repair any damages it causes to the right-of-way. 3. Insurance. Washington State Parks and Recreation will maintain insurance of $5 Million combined single limit for commercial general liability and $5 Million for automobile insurance. The franchisee may self -insure against such risks in such amounts consistent with good utility practices. 4. Term. The term of the proposed franchise is 10 years, consistent with franchises the City has granted to Tacoma Power, CFC, Olympic Pipeline, for pipeline maintenance, AT&T (now Comcast), for cable; Puget Sound Energy; Tacoma Public Utilities Water Division; Weyerhaeuser, Sprint, Metromedia and Williams (for fiber optic cable), VoiceStream and Cingular (for wireless facilities). 5. Bond. The proposed franchise does not require Washington State Parks and Recreation to post a bond for work in the right of way since it is a public utility. However, the franchisee will be required to obtain a right of way permit in accordance with this Franchise. k:\fhsrac (fedrac)\2006\05-23-06 washington state parks franchise.doc FHSRAC - May 23, 2006 D-2 Attachment B ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING WASHINGTON STATE PARKS AND RECREATION A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF - WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA TO CONSTRUCT, MAINTAIN, REPAIR, OPERATE, AND REMOVE GRAVITY SEWER LINE, AND OTHER UTILITIES, WITH ALL CONNECTIONS AND APPURTENANCES THERETO, FOR STATE PARK PURPOSES, WITHIN AND THROUGH CERTAIN RIGHTS OF WAY AND STREETS WITHIN THE CITY OF FEDERAL WAY. WHEREAS, Washington State Parks and Recreation has requested a franchise from the City of Federal Way, in order to construct, operate and maintain a sewer line connection and other utilities for State Park purposes through certain public rights -of -way, including SR509 (Dash Point Road); and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Washington State Parks and Recreation; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, for conduits, tunnels, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for water, sewer and other private and publicly owned and operated facilities for public service; and ORD # , PAGE 1 FHSRAC - May 23, 2006 D-3 WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. 1.3 "Director" means the Public Works Director, or designee, of the City ofFederal Way Public Works Department. way. 1.4 "Facilities" means Franchisee's equipment to be located within the public right -of- . 1.5 "FWCC" means the Federal Way City Code. 1.6 "Franchise Area" means only that portion of South West Dash Point Road, 55 h Avenue South West, South West 320`h Street, and 47 h Avenue South West rights -of -way located in the City of Federal Way and shown in Exhibit A attached hereto, and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.7 "Franchisee" means Washington State Parks and Recreation, a State Agency, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 22 herein. ORD # , PAGE 2 FHSRAC - May 23, 2006 D-4 Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within the Franchise Area. This franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. This franchise does not permit Franchisee to lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities to other third -party telecommunications providers, and Franchisee covenants and agrees that it will not do so. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non -Franchise Area City Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under; over, across, or to otherwise use City -owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. At any time not more than two (2) years nor less than one -hundred -eighty (180) days before the expiration of the Franchise ORD # , PAGE 3 FHSRAC - May 23, 2006 D-5 or renewed term either party may request a renewal of the Franchise for an additional ten (10) year renewal period. Section 5. Location of Facilities 5.1 Location. The Facilities permitted by this Franchise shall be installed underground. The location of the Facilities, including the underground Facilities and appurtenances, their depths below surface of ground or grade of a right-of-way, and any related existing equipment to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days of the installation of the Facilities. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City of Federal Way's reasonable request, provide the location of franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. Section 6. Noninterference of Facilities Franchisee agrees to maintain. its Facilities and perform any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in ORD # , PAGE 4 FHSRAC - May 23, 2006 D-6 accordance with the laws of the State of Washington and City Code requirements, franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as required by the Director. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. Requirement to Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits, (including rights -of -way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights -of -way or property lines upon prints drawn to scale, designate rights -of -way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like -new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the ORD # ,PAGE 5 - FHSRAC - May 23, 2006 D-7 work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger property, or the life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. Section 8. Standard of Performance The Franchisee shall not excavate for a distance ofmore than one hundred feet (109) without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the right-of-way, but not within a driving lane, must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. Any asphalt overlay completed within the Franchise Area during the five (5) year -period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director. ORD # , PAGE 6 FHSRAC - May 23, 2006 D-8 Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the "as -built" location of the Facilities. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markings/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys, said work shall be completed by a Professional Land Surveyor. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. Section 11. Right of City to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order ORD # ,PAGE 7 FHSRAC - May 23, 2006 D-9 any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 12. Required Relocation of Facilities 12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees,.landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. 12.2 Citys Duties. In the event the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: FNSRAC - May 23, 2006 D-10 ORD # , PAGE 8 (a) Provide written notice of the required relocation to Franchisee within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate- its Facilities to accommodate the City work. Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on behalf of, the City in the interest of public health, safety, welfare, necessity or convenience, as adjudged in the sole discretion of the City. 12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under Subsection 12.2(a) requiring relocation and receipt of the plans and specifications pursuant to Subsection 12.2(b), Franchisee shall raise, lower, or move such Facilities within the Franchise Area at its sole cost and expense to the location or position directed by the City, to cause the least interference with the improvement, repair, or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a right-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the right-of-way. 12.4 The provisions of this Section shall in no manner preclude or restrict the Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the Facilities to be constructed by said person or entity are not or will not become City -owned, operated or maintained Facilities; provided that such arrangements do not unreasonably delay a City improvement project. FHSRAC - May 23, 2006 ORD # , PAGE 9 D-11 Section 13. Damage Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights -of - way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights -of - way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement as required in this section, the City may repair the damage pursuant to Section I 1 of this Agreement. Section 14. Default 14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. 14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise immediately revoked. Section 15. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. ORD # , PAGE 10 FHSRAC - May 23, 2006 D-12 Section 16. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than 30 days before vacating all or any portion of the Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 17. Compliance with Laws 17.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. 17.2 Future City of Federal Way Regjjlation. Franchisee acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same. Section 18. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 19. Charge for Administrative Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. ORD # , PAGE 11 FHSRAC - May 23, 2006 D-13 Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code. Section 20. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 20, the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, ORD # , PAGE 12 FNSMC = tMY 23, 2006 D 14 Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence. Section 21. Insurance The Washington State Parks and Recreation Commission, an agency of the State of Washington, warrants that it is self -insured against liability claims in accordance with the risk management and tort claims statutes, including RCW 4.92 and RCW 43.21.280 et seq. The tort claims procedure, RCW 4.92.100 et. seq. provides the fundamental remedy for all tort liability claims against the Agency and its officers, employees, and agents acting as such and all such claims must be filed and processed as provided therein. 21.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and. employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and (c) Automobile liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death and property damage. 21.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; ORD # , PAGE 13 FHSRAC - May 23, 2006 D-15 (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance, or that of Franchisee's contractors, subcontractors, and agents. 21.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. 21.4 Self -Insurance. In satisfying the requirements set forth in this Section, Franchisee may self -insure against such risks in such amounts as are consistent with good utility practices. Franchisee shall provide the City with sufficient written evidence, upon request, that such insurance (or self-insurance) is being so maintained by Franchisee. Such written evidence shall include, to the extent available from Franchisee's insurance carrier, a written certificate of insurance with respect to any insurance maintained by Franchisee in compliance with this Section. 21.5 Contractors and Subcontractors. Franchisee's contractors and subcontractors must be licensed and bonded in accordance with applicable ordinances, regulations, and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee must ensure that all such work is performed in compliance with this Franchise and other applicable law. ORD # , PAGE 14 FHSRAC - May 23, 2006 D-16 Franchisee is responsible to ensure that contractors, subcontractors, or other Persons performing work on Franchisee's behalf maintain insurance in compliance with this Section. Section 22. General Provisions 22.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 22.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 22.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. Any assignee shall, within thirty (30) days of the date of any approvedassignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written consent, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. 22.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. ORD # , PAGE 15 FHSRAC -May 23, 2006 D-17 22.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 22.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 22.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 22.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: Washington State Parks and Recreation 7150 Cleanwater Lane PO Box 42650 Olympia, WA 98504-2650 Franchisor: City of Federal Way Attn: City Attorney 33325 8th Avenue South P.O. Box 9718 Federal Way, WA 98063 Any notices may be delivered personally to the addressee of the notice or maybe deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. ORD # , PAGE 16 FHSRAC - May 23, 2006 D-18 22.9 motions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 22.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 23. Severability If any section, sentence, clause, or phrase of this Franchise 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 Franchise. Section 24. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 25. Effective Date This ordinance shall take effect and be in force 30 days from the time of its final passage, as provided by law, provided it has been duly accepted by Franchisee as herein provided above. PASSED by the City Council of the City of Federal Way this , 2006. day of ORD # , PAGE 17 FNSRAC -May 23, 2006 D-19 CITY OF FEDERAL WAY MAYOR, MICHAEL PARK 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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ACCEPTANCE: ORD # ,PAGE 18 - --� --- -- --- _. FHSRAC - May 23, 2006 D-20 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges ofthe above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of , 2006. Washington State Parks and Recreation By: Larry Fairleigh Its: Assistant Director KAFranchise\State Dash Pt. ORD # ,PAGE 19 FHSRAC - May 23, 2006 D-21 EXHIBIT A FRANCHISE AREA ORD # PAGE20 FHSRAC - May 23, 2006 -D-22 PugetSound Dash Point State Park rn ZW z ST W a- � Cf) -q W Rp cow IV 0 RMA RD s CR NF \fqEST uj comb z Pa 1 -A, Lu w ST 0 ZI E V� ->41 Dash Point State Park Franchise Area Legend Franchise Area 0 500 1,000 T6iim� Feet This map is accompanied by NO warranties. .4 ;i r - FHSRAC - May 23, 2006 0 irl I z Z 45 07 POr I -(JL I COUNCIL MEETING DATE: June 20, 2006 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ALLOCATION 2005 & 2006 CDBG FUNDS TO THE SMALL BUSINESS DEVELOPMENT CENTER AT HIGHLINE COMMUNITY COLLEGE POLICY QUESTION: Should the City of Federal Way allocate 2005 and 2006 Community Development Block Grant (CDBG) fiends in the amount of $33,940 to the Small Business Development Center at Highline Community College? COMMITTEE: FHSRAC MEETING DATE: May 23, 2006 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kelli O'Donnell, CDBG Coordinate DEFT: Community Development Attachments: ■ Staff Report (Attachment A) ■ Human Services Commission Staff Report and Handouts (Attachment B) O ns Considered: 1. Fund the Small Business Development Center for 18 months with the addition of a .50 FTE. Fund the Small Business Development Center for 12 months with the addition of a .50 FTE. 3. Fund the Small Business Development Center for 18 months with the addition of a .45 FTE. 4. Fund the Small Business Development Center for 12 months with the addition of a FTE. (See staff report for conditions of funding for the above options.) ' STAFF RECOMMENDATION: Option 1 as recommended bv_the Human Services Commission CITY MANAGER APPROVAL: Lill"' DIRECTOR APPROVAL: C 14-- Committee Council Committee council COMMITTEE RECOMMENDATION: "I move approval of option with the authorization for the City Manager to enter into the appropriate contracts" Linda Kochmar. Chair Jeanne Burbidee. Member Jack Dovev, Member PROPOSED COUNCIL MOTION: "I move approval of option _ I with the authorization for the City Manager to enter into the appropriate contracts " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED — 02/06/2006 RESOLUTION Attachment A CITY OF FEDERAL WAY MEMORANDUM Date: May 16, 2006 To: . Finance, Human Services, and Regional Affairs Committee From: Kelli O'Donnell, CDBG Coordin Via: Derek Matheson, Interim City Manage Subject: Allocation 2005 and 2006 CDBG funds to the Small Business Development Center at Highline Community College POLICY QUESTION: Should the City of Federal Way allocate available 2005 and 2006 Community Development Block Grant (CDBG) funds in the amount of $33,940 to the Small Business Development Center at Highline Community College? BACKGROUND: The City of Federal Way has $59,863 available to allocate to CDBG capital projects from 2005 CDBG project under runs and unallocated 2006 CDBG capital funds as outlined in the attached memorandum to the Human Services Commission. At their May 15'h meeting, the Commission considered allocating a portion of these funds to the Small Business Development Center (SBDC) at Highline Community College as an economic development activity. CDBG funds would match the funds allocated by the City Council in the 2006 budget to serve Federal Way entrepreneurs and businesses with one-to-one counseling at the SBDC. A Business Development Specialist would provide counseling that may include financial planning, marketing strategies, production and organization issues or other services needed for small business development. Funding of this program would meet strategies of Federal Way's Housing and Human Services Consolidated Plan and the King County CDBG consolidated plan to expand economic opportunities. After considering the pros and cons of allocating CDBG funds to this project, four options were presented to the Human Services Commission: OPTIONS' 1. Fund the Small Business Development Center for 18 months with the addition of a .50 FTE. Allocate recaptured 2005 CDBG funds and unallocated 2006 CDBG capital funds in the amount of $33,930 to the King County Economic Development Program for the addition of Federal Way to the Small Business Development Center at Highline Community College for July 1, 2006 to January 31, 2007, with the following conditions of funding: 1) The project is not considered a Federal Way stand-alone project under the joint interlocal agreement for the King County Consortium's Community Development Block Grant (CDBG) program for 2006 through 2008; and, 2) Appropriate performance measures for clients served and job creation are negotiated in addition to meeting the CDBG economic development minimum job creation; and, 3) King County Economic Development program staff will assure that CDBG requirements are met for job creation and recordkeeping; and, 4) Funding for July -December of 2007 would be contingent upon the City of Federal Way allocating funds to the project at the same level as 2006. 2. Fund the Small Business Development Center for 12 months with the addition of a .50 FTE. Allocate recaptured 2005 CDBG funds and. unallocated 2006 CDBG capital funds in the amount of $22,620 to the King County Economic Development Program for the addition of Federal Way to the Small Business Development Center at Highline Community College for July 1, 2006 to June 30, 2007, with the following conditions of funding: 1) The project is not considered a Federal Way stand-alone project under the joint interlocai agreement for the King County Consortium's Community Development Block Grant (CDBG) program for 2006 through 2008; and, 2) Appropriate performance measures for clients served and job creation are negotiated in addition to meeting the CDBG economic development minimum job creation; and, FHSRAC - May 23, 2006 C-2 3) King County Economic Development program staff will assure that CDBG requirements are met for job creation and recordkeeping; and, 3. Fund the Small Business Development Center for 18 months with the addition of a .45 FTE. Allocate recaptured 2005 CDBG funds and unallocated 2006 CDBG capital funds in the amount of $26,250 to the King County Economic Development Program for the addition of Federal Way to the Small Business Development Center at Highline Community College for July 1, 2006 to January 31, 2007, with the following conditions of funding: 1) The project is not considered a Federal Way stand-alone project under the joint interlocal agreement for the King County Consortium's Community Development Block Grant (CDBG) program for 2006 through 2008; and, 2) Appropriate performance measures for clients served and job creation are negotiated in addition to meeting the CDBG economic development minimum job creation; and, 3) King County Economic Development program staff will assure that CDBG requirements are met for job creation and recordkeeping; and, 4) Funding for July -December of 2007 would be contingent upon the City of Federal Way allocating funds to the project at the same level as 2006. 4. Fund the Small Business Development Center for 12 months with the addition of a .50 FTE. Allocate recaptured 2005 CDBG funds and unallocated 2006 CDBG capital funds in the amount of $17,500 to the King County Economic Development Program for the addition of Federal Way to the Small Business Development Center at Highline Community College for July 1, 2006 to June 30, 2007, with the following conditions of funding: 1) The project is not considered a Federal Way stand-alone project under the joint interlocal agreement for the King County Consortium's Community Development Block Grant (CDBG) program for 2006 through 2008; and, 2) Appropriate performance measures for clients served and job creation are negotiated in addition to meeting the CDBG economic development minimum job creation; and, 3) King County Economic Development program staff will assure that CDBG requirements are met for job creation and recordkeeping. FINANCIAL IMPACT' Allocation of 2005/2006 CDBG funds would distribute funds to eligible activities in a timely manner but lower the amount of funding available for the 2007 CDBG program year capital projects proportionately. Funding of the final six months of the proposed motion would be contingent upon the City Council allocating matching funds in the 2007 budget process. Future CDBG funding would be considered as part of the annual CDBG capital allocation process. HUMAN SERVICES COMMISSION RECOMMENDATION: The Human Services Commission Forward option 1 with the authorization for the City Manager to enter into the appropriate contracts to implement to the Finance, Human Services and Regional Affairs Committee for recommendation to the full Council. Public notice will be published and posted. Any public comments received will be included in the City Council agenda packet for consideration of the Committee's recommendation. FHSRAC - May 23, 2006 C-3 Attachment B cr& OF. Vgh� Federal -Way -MEMORANDUM DATE:. May 8, 2006 , TO: Human Services Commission FROM: Kell! 'O'Donneil, CDBG Coordinat SUBJECT: Small Business Development C ter at Highline Community College Policy Question: Should,fh I City of Federal Way allocate available-2005 and 2006 Community Development Block Grant (CpBG) funds .in the. amount -of $33,940.to the. Small Business Development Center at: Highline Community: College? Background: The City of Federal Way has $59,863 available to allocate to CDBG capital'projects from 2005 CDBG- project under. runs and -unallocated 200.6 .CDBG. capital funds as follows:. $21,056 2005 under run Multi -Service Center Employment Services Project $536 2005 under run Planning & Administration 37 371 2006 unallocated capital funds. $59,863 Total Available to Allocate As stated in. the:2006*CDBG Contingency Plan. (Attachment 1), the..City may. considerfuhdiitg open CDBG projects funded by�Federal Way or the King County CDBG Consortium or these. funds will be added to -the 2007 CDBG program unless additional action is taken. The Consortium- has funded the King County Economic Development Program in 2006 and will be considering funding the program for 2007. In the 2006.budget-process, the City of Federal Way funded the. Small..Business.D.eveloprnent Center at Highllne Community_College-that was.deV6.Ioped by the South .King= County Bconomlc Development -Initiative: that includes the cities of Burien, Des Moines,. NorM64dy Park, SeaTac and Tukwila in 2003. As stated in the attached memorandum to the Finance, Economic Development and Regional Affairs Committee (Attachment 2), the Small Business Development Center (SBDC) provides one-to-one assistance to entrepreneurs with financial planning and marketing strategies, production and organizational issues, and business performance assessment. The SBDC has counseled 165 businesses, created 62 new jobs and retained 13 jobs in the participating jurisdictions between February of 2003 and September 2005. in 2005, 44 new jobs were createdfobs were retained. by clients of the SBDC. Business served in 2005 closed $3,5 million in bank loans and had equity inv65tmentsmadeof$1.7..: ' * Non. - The City. of Federal Way has been asked to participate in the* SBDC to serve the Federal Way business owners requesting services. It has been estimated that 10% of the inquiries for service have come from Federal Way businesses and. potential .business -owners. In order for. Federal Way to participate, additional staffwould need to be hired to accommodate the expected demand. Funding for a half-time Business Development. Specialist was requested should Federal Way wish to join the SBDC. FHSRAC - May 23, 2006 C-4 Page 1 44 During the.2006 mid. biennium budget adjustment process, the City Council funded the SBDC in the.amount of $17,500 with the caveat that these funds would be matched by funding from area banks and financial institutions to meet the minimum $35,000 to hire a .45 FTE Business Development Specialist. The. City's Economic Development Director has approached Federal Way banks and -other institutions for matching funds and has been unsuccessful.In securing commitments. Economic development is an eligible CDBG activity that would require the creation of one job for every $35,000 allocated to the project in addition to any requirements set by the City. The .King County CDBG Consortium partially funds the King- County. Economic Development program that oversees.the SBDC. This means that..Federal Way can add CDBG funds to the project without it- being: counted' as.one.of our two: stand-alone. capital projects as long as it-i's funded by the Consortium.::Funding .the project from..July 1;.2.406 to..June. 0, 20..07. would: - distributdavailableCDBG funds in a timely:manner rather than waiting for the'2007 CDBG allocation process. The City could also choose to fund the remaining 6 months of 2007 with CDBG funds contingent upon the City Council allocating 2007 general funds to the project. After meeting with staff from' our Economic Development program, King County Economic Development, and Highline Community College, it is proposed. to utilize available CDBG funds as a match to 2006 Federal Way general funds. The proposal funded by the City for $35,000-a year was -for a .45 FTE that would limit the position to 1,000 hours per year. If the position was increased to a .5 FTE at a cost of $40,120, the position could. be expanded in the future. should demand increase. for Federal -Way or the other- partners :and additional funding .i .allocated. Pros: I. The. project.addresses,the Housing and :Human Services Consolidated. Plan Economic Development Strategies Goal to support low-income individuals and families to attain self-sufficiency by providing business -development assistance to new andfor expanding small businesses (EDS2) and meets Goal 3, Objective 3 of the. King. County CDBG Consolidated.Plan-to provide Economic Op:portunities,for low=-apnd.moderate-income persons. 2. Provides matching funds to Federal Way general funds so that the project can get underway immediately and continue for up to two years. 3. Utilizes existing program to expand services to Federal Way business owners. 4. Allocates funds to an existing project that does not count as a Federal Way stand-alone projects as long as funded by the Consortium. 5. Additional funds available may be used'to expand position to .5 FTE. . 6. Funding by the City through the general fund and CDBG .would provide data that could. be used to: obtain future funding through other sources. Cons: 1.: Reduces the amount -of fundingavailable for Federal Way's 2007-CDBG capital projects and regional projects funded by the Cons00'D6° ns distributed with 2007 Allocation agenda materials. 'Attwhmiff*"fig i0re- applications for 2007 CDBG Consortium projects.) FHSRAC - May 23, 2006 . C-5 Page 2 of 2. CDBG funding for July through December of 2007 would be contingent upon the City of Federal Way allocating funds to the project at the same level as 2006 during the 2007- 2008 budget process. 3. The project may not *be funded by CDBG in future years, which could cause a reduction in , services. Options: - 1. Fund the Small Business Development Center for 18 months with the addition of a .60 FTE . Allocate recaptured -2005.CDBG funds and-unallocated-2006-CDBG-capital funds in the amount of $33,930.to-the:King:County Economic:Development:Program- for the addition. of Federal Way to the small=Bustness:DevelopmentC6ntor.at-Highiine Community Collogie for.. July 1', -2006 to January 31, 2007, with 'the following conditions of funding: 1) The project is not considered a Federal Way stand-alone project under the joint interlocal agreement-for.the King -County Consortium's. Comm_ unity Develppment B.lock Grant (CDBG)- program for 2006 through 2008; and; 2) Appropriate performance measures for clients served and job creation are negotiated in addition to meeting the CDBG economic development minimum job creation; and, 3) King County Economic Development program staff will assure that CDBG m requirements are et for job creation. and recordkeeping; and, -4) Funding. for July=December of 2007 would tie: -contingent -upon the City of Federal Way allocating:funds:to the project.at-the aame..level as 2006. 2. Fund the Small Business Development' Center for 12 months with the addition of a .60 FTE Allocate recaptured 2005. CDBG funds and unallocated 2006 CDBG capital funds in the -amount. of $22,620_to-the King. County. EconomicDevelopment Program for the. addition of -Federal Way,to the:Small Business Development•Center at Highline-Community'College for July 1; 2006 to June*30, 2007, with the following conditions of funding: 1) The project is not considered a. Federal Way stand-alone project under the joint interlocal agreement for the King County Consortium's Community Development Block Grant (CDBG) program for 2006 through 2008; and, 2) Appropriate performance measures for clients served and job creation are negotiated in addition to meeting the CDBG economic development minimum job creation; and, 3) King County Economic Development program staff will assure that CDBG requirements are rniet for: job creation and recordkeeping; and, 3. Fund the Small Business Development Center for 18 months with the addition of a -.45 FM' Allocate recaptured 2005 CDBG funds and unallocated 2006 CDBG capital funds in the amount of $26,250 to the King County Economic Development Program for the addition of Federal Way to the Small Business Development Center at Highline Community College for July 1, 2006 to January.31, 2007; with the following conditions of funding' Page 3. of 4 FHSRAC - May 23, 2006 C-6 1) The project is not considered a Federal Way standalone project under the joint interlocal agreement for the King County Consortium's Community Development . Block Grant (CDBG) program for 2006 thr6ugh.2008; and, .2) Appropriate performance. measures for clients seated and job creation are negotiated in addition to -meeting the CDBG economic development minimum job creation; and, 3) King County Economic Development program staff will assure that CDBG requirements are met for job creation and recordkeeping; and, - 4) Funding for July -December of 2007 would be contingent upon the City of Federal Way allocating funds to the project at the same level as 2006. 4. ` Fund the Small Business -.Development Center.for. .12- montbs with the addition d. a .. .50 FTE: Allocate recaptured 2005 CDBG funds and unallocated 2006 CDBG capital funds in the amount of $17,500 to the King County Economic Development Program for the addition of Federal Way to the.Small. Business Development Center: at Highline CommuniW-College.for July 1, 2000 to June-30;.2007, with the following conditions of funding: 1) The project is not considered a Federal Way stand-alone project under the joint interlocal agreement for the King County Consortium's Community. Development Block Grant (CDBG) program for 2006 through 2008;. and,. 4 Appropriate performance -.measures for -clients served: and -job-creation area negotiated - in addition -to meeting the:CDBG economi&development minimum job creation; and, .3) King County. Economic Development program. staff will assure that.CDBG requirements are met for job creation and recordkeeping; and, Staff Recommendation: Staff recommends Option_ 1 because the program -meets the economic-development.strategies of the Federal Way and King -Count7:Gonsortium Consolidated Plana by -expanding small businesses in- Federal Way and creates jobs-. Public notice will. be publi0hed -if the. Commission forwards any of the above options to the City Council Committee. Any public comments received will be included in the City Council agenda packet for consideration. Commission Recommendation Forward option with the authorization for the City Manager to enter into the appropriate contracts to implement to the Finance, Human Services and Regional Affairs Committee for recommendation to the full Council. Please contact me at (253) 835-2653 or kellio@fedway.org if you have any questions regarding this item. FHSRAC - May 23, 2006 C-7. - Page 4 of 4 I Adopted 09/20/05 . Attachment-1 CITY OF FEDERAL. WAY 2006 CDBG CONTINGENCY PLAN The allocation process for 2006 Community Development Block Grant (CDBG) funds is based upon an estimate of Federal Way's 2006 CDBG funds. The City will not know its exact grant amount.until after Congress passes the HUD Appropriation Bill. This is expected to occur by�December-2005. For this reason, the allocation process includes a contingency plan. The plan -allows for adjustment'up: or down based upon the final grant amount and/or any additional funds received as the result of project cancellations or additional recaptured funds. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects -- The City will apply any increase in the amount of CDBG capital funds as follows: 1.. If additional capital funds ;are received, -open. CDBG .projects serving: Federal Way.residents that have been :funded oby ahe City,of Federal Way and%rthe King County CDBG-consbrtiUm will be considered for funding. 2. Should no open projects be identified and/or the Council decide it is not in the best interest of Federal Way residerits:to add Federal Way CDBG.funds to the project(s), additional-furids.will be carried over.to the-2007 CDBG program year unless.the Human Services .Com[riission. requests new applications for funds and%or additional Council action is taken to allocate funds. Public Service Programs - The City will apply any increase in the amount of CDBG public service funds as.follows: 1. 2. If any additional public service funds= become- available; funds. will be allocated: in reverse proportion from. the 2005 decrease until the programs reach their 2005 funding level. These programs are:- Big Brothers Big Sisters of King and Pierce Counties, Federal Way Mentoring Program; Community Health Centers of King County.Federal Way Dental Access; -Federal Way Norman Center YMCA, CARES Program; Federal Way Senior Center, Adult Day Care; Institute for Family.Development, PACT program; and, ElderHealth Northwest..Connections adult day- health program; and, If any.:additional. public service funds. become available, funds.will be allocated to the federal Way Norman Center for the CARES Program until each program reaches the total amount requested for 2005; and, 3. If an additional $10,000 of public service.funds become available after the first contingency is fully funded, funds will be allocated to Catholic Community Services forthe Katherine's House Transitional Housing 'program; and, 4. If less than $10,000 of public service funds become available and/or any additional public service funds are reti'Wed*after the second contingency is fully funded, funds will be -allocated to 2006 CDBG Capital projects as determined above. Planning and Administration-; The- City will. apply any.increase:in the amount of CDBG planning and administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cover administrative costs for Federal Way's CDBG program;. and FHSRAC - May 23, 2006 C-8 Attachment 2 CITY OF FEDERAL WAY MEMORANDUM Date: October 6, 2005 To: Finance, Economi Development and Regional Affairs Committee Via: David H. Mosel ager Froth: Patrick Dohe omic Development Director Subject. Fai eipation to the mall Business Development Center at Highline Community College Should the City of Federal Wayparticipate in the funding of the Small Business Development Center at Highline Community College to provide assistance to small businessesattFederal Way? BACKGROtM In February 2605, Federal 'Way was invited to participate in the Southwest King County Economic Development Initiative's Small Business Development Center (SBDC) at . Highhue-Community College. -The Southwest King County Economie DevelopmSeaT ent lotiati've (SKCRDI) includes the cities of Burien, Des es, Normandy Park, ac , and Tukwilat tiic PorCof Seattle, King County and Hi a Corntxtunity College. A s part of SKCEDI's goal to generate jobs, increase h- i ehold income and cneourage quality development. in the member communities, the SBDC was formed in February 2063 to provide assistance to small businesses. The services provided on a one-to-one basis -include assisting enirepreneurswith financial planningand. marketing strategies, production and organizational issues, and business performsncc assessment. In addition, businesses have access to a wide range; of resources including traditional and oon-traditional small business lenders, workshops and trc tft In 2004, SBDC counseled 102 businesses, closed $130,000 in loans, invested $53,500 in equity, and a total of 13 jobs created and/or retained. Year to date in 2005, the center has . counseled 165 businesses, closed $2.1 million in loans, invested $593,000 in equity, created 62 new jobs and retained 13 jobs. Since its inception, approximately l0% or 20-25 oftotal annual assistance inquiries represented Federal Way businesses. Highline SBDC has been able to serve a small number of business owners who reside in Federal Way -but have businesses -in one of cities in the SKCEDIpartnership. host ofthe businesses were referred to the Tacoma SBDC office; however, it appears that the majority of these businesses remain unserved since Tacoma_ SBDC counts very few Federal Way businesses among its clientele. FHSRAC - May 23, 2006 C-9 Currently, one full time Business Development Specialist -and a halftime administrative support personnel staff the SBDC at Ilightine. The Business Development Specialist handles a full case load of approx*ately 40-50 per month. If Federak'UVay chooses. to participate iri'the program, the Center wink -have to, increase its business development staff to accommodate the anticipated increase in demand. Initially a half --lime• Business Development Specialist will be more then sufficient in handling Tcderal Way's businesses. This change in staffing means an increase of $35,000 in SBDC's 2M6 budget. All the participants contribute $10,000, with the exception of $5,000 from Normandy Park due to low number of businesses located within its boundary. In addition to the .tninimutn contribution, -caebjurisdiet on also: actively works with SBDC and M Mine Community Colkege to recMt, private sponsor flan i . el : from banks .'. Ih M .. p � !m . � ��. Y .: ) ary Avereit, Dean and Director of the Center has been leading this effort. In 2004, SBDC raised approximately $30,000 from •local flanking institutions. A budget is attached with the memo. Given. Federal Way's population and number of businesses (approximately 2,6M2,800), SKCADI has requested that Federal Way contribute a minimum of $35,000;.m.any - combination of city funds and private sponsor funding, in order to extend SBDC services to Federal Way's businesses. PROPOSAL Option :1: Consider City: landing :for up _to approxitnakly orie-half of the projected SBDC, participation cost (approximately317,500) during the -upcoming 2006 Supplemental Budget process; to be contingent upon nine -to -one matching contributions from the banking community; and, direct'staff to seek matching funding.from area banks and. financial institutions. .. Option 2. -City chooses not to become. involved with the SBDC at this time. STAFF. RECOMNi MATIOIai Staff recommends Option 1. COMMITTEE ACTION "I move to approve Option r; " FHSRAC - May 23, 2006 C-10 - Small Business Development Center.at Highline Community College. I.ORGANIZATIONAL BACKGROUND Mission, Activities and History Mission: The Southwest King County Economic Development 1nitiative's Small. Business Development Center (SBDC) ,at Highline Community College is an all-purpose small Business resource; providing Southwest King Countyentrepreneurs with the technical assistance necessary to -grow their businesses and create and retain jobs in order to enhance the area economy: Activities: The $BD.C.is designed.to meet e. individualneeds of southwestKing.C:otinty small businesses by providing counseling, iralr6g i6d technical assistance in all aspects of -business management.. The services provided on a one=to-one basis include assisting• entrepreneurs with financial planning and marketing strategies, aiding them in dealing with production and- organizational issues, and helping them to. assess the performance of their business. in-.- ddition, the SBDC offers business'owhers aecess`to a wide range -of resources including traditional -and non-traditional small business lenders, workshops and training. - The Business Development Specialist (BDS) employed at the SBDC is an experienced counselor capable of providing business. owners with assistance on the full gamut of . management and technical topics. - Specifically; the BDS may help entrepreneurs with: Expanding; stabilizing, selling -or buyin0.'.business ventdre; • Business planning; Analyzing financial data and information; ■ Improving marketing techniques and efforts; Starting a business that is past the pre -development stage. Assistance from the SBDC is available to anyone interested in starting a small.business-or expanding: on existing small business and who does not have the resources.to hixe the. services of a private consultant. The SBDC makes.aspecial effort to serve -those businesses and entrepreneurs who are socially and economically disadvantaged. Within the area of the county served by the Highline SBDC there are four cities and an unincorporated area each with median household income more than 20910 below the median for King County as a whole. For example, median household income in North Highline (White Center), an area with a large immigrant and refugee population, is 75% of the County's median. Moreover, North Highline is the only Census Tract in•King County with a poverty level of over 20%. His o • In 1998 an informal partnership between the cities of Burien,--Des -Moines, Normandy Park, SeaTac and•Tukwila; the Port of Seattle; King County and Highline Community College was formed to promote economic development in the area in proximity to Sea Tac International Airport. This partnership, named the Southwest;King County Economic Development Initiative (the Utlative), is an inter -jurisdictional, sub- - regional cooperative economic development effort whose goals are to 1) generate jobs, 2) 1 Southwest King County Economic Development Initiative Small Bush= Development Center at MgMne Community College FHSRAC - May 23, 2006 C-11 increase household income and 3) encourage quality development in the member communities. By collaborating on economic development goals, the partners are able to achieve more than they can accomplish by each jurisdiction or institution acting. individually.. It is hoped that sometime: in the future this cooperative-approach-to•economic development can serve as a model transferable to other areas. The Initiative has produced an economic development plan that, among other things, evaluated the potential. for real estate development in the area, assessed the strengths and weaknesses of the Southwest King County economy and identified areas of potential involvement: The.plan, in turn, vlas based on a series of economic development roundtables andpanels which sought to uncoverthe best,means for the. area's.economic developmcnt. Out of the plan .came two implementation projects,: a small business export promotiori program-ahil'tlie creation -of the SBDC -at Highline. The SBDC was established by the partnership because no such service existed in the area, a need for small business technical. assistance was -observed and a business -technical assistance entity such.as the SBDC .was seen as fundamental to business retention, job creationand�overali-enhancement of -the area's economic base. Tit I7ebruary 2003. staffwas- hired and the SBDC opened its -doors; Since its -opening, the SBDC has served over 90 entrepreneurs and currently has an active case load of 30 businesses. In recognition of its achievements, the SBDC received the 2003 Outstanding At -Large Business Award from the Southwest King County Chamber. of Commerce.. Organiz.0001 Gaalr The SBDC's 2004 organizational goals are to: 1. Secure a coinmitment.from the Washington State SBDC to a) recognize the I ighline SBDC aspart ofthe State System,*b) designate the SBDC'as an. official small business development center in 2005 and c) provide partial funding for the SBDC in 20.04 and continued finding in 2005. 2: Be reco :... i . gt ed as the primarytiusmess resource center for Southwest King County small businesses by the area. funding institutions, local governments, residents and other stakeholders. 3. Act as a catalyst for economic development efforts in Southwest King County through cooperation and partnership with the public, private and non-profit sectors: II.OPERATIONAL FINANCES Ovemew Funding for the first year of the SBDC's operation (2003) came from a grant from the U.S-. Economic Development Association (EDA) and matching fiords supplied by the Initiative partners. Year 2004 revenues include a relatively small portion of these funds ($7,095) thaih4ve been carried over�and am -available to meet expenses. In addition, the Initiative partners have pledged a total of at least $65,000 for the year 2004 budget These funds are 2 Southwast King County Economic Development Initiative Smatt Buslam Development Center at high= Community Collage. FHSRAC - May 23., 2006 C-12 over and above money they had contributed to the -Initiative in the past. Additional "gap" funding totaling $24,500 has been received for Key Bank, US Bank, Washington Mutual, the Puget Sound Energy Foundation, Sterling Savings Batik and the State SBDC system. The Initiative is working with Washington State University (WSUJ) to have the SBDC at Highline designated as a full member business development center within the Washington State SBDC system in 2005. We are confident of securingthis designation. With the State system designation will come financial support. However, the Initiative -and the SBDC must secure funding to finance the SBDC's operation in 2005 as well as to establish a basis for permanent long-term funding. Future Funding Sftlegies Worts to raise.additiond funds for .both.2004-and 2005. arelcurrently.underway..- It is.anticipated thait-the SBDC will receive recognition by tiie State SBDC as a participant in the state program. As a result of this designation, up to 50% of the annual operational expense for the SBDC at I ighline could be funded by the State. This level of funding is predicated on the USSma11 Business Administration receiving increased financial.support for:this fiscal year irtim Congress. 'If this does not occur, glower level of revenues roi n the -State system would be forthcoming. At Whatever level of support, the local-SBDC-will have to match the State contribution dollar -for -dollar and at least one-half of the match must be in cash. Thus, the Initiative will have a role in seeking funding to match the State eontribution in 2005 and beyond. ..tources far -Current Year Operafions For the current year, the Initiative has secured funding from: USEDA/Initiative Partner. Matching Funds Carryover $. 7,075 Initiative Partner Funds Received to Date (6/2004) 30,000 Key.Bank 1;500 Puget Sound Energy Foundation MOO Sterling .Bank 500: US Bank 5,000: Washington Mutual 5,000 Washington State SBDC 7.500 TOTAL FUNDS COLLECTED 6114104 $61,575 The expenditure budget for2004 is $97,000. Collection of the remaining Initiative Partner $35,000 will essentially cover year 2004 .budget. In addition, other banks And foundations have been contacted regarding financial support, especially in terms of funds for 2005. Southwest King County Economic Development initiative sma8 Business Development Center at iLeWim CommunityColtege FHSRAC`may 23, 2006 C-13 0 M. PROGRAM EVALUATION AND SBDC 2004 GOALS The SBDC, undergoes scrutiny of its operations both through reports to the Initiative's Steering Committee and Executive Committee.ori a monthly and quarterly basis respectively. These reports include a discussion oh • Outreach efforts; • Number of core clients served and a summary oftheir diversity; • A brief narrative on the nature of the technical assistance provided and to what extent the assistance provided created or retained jobs and increased or stabilized revenues. :At the end.oftho year;.the SBDC.*iH be cvaluatedvn the -basis of the goals its 2004 goals established at the begsnrting.of the year: 1. Did the SBDC serve 30 core clients during the year? 2. Were 100 clients referred to other business resources in 2004? 3, Did six clients complete a bu§insss plan during -the year? 4.. Did. siX clients complete and make application for funding .their business operation during 20041 4 Southwest King County Economic Development Initiative Small Business Development Center at HIgMhw Communlgr College FHSRAC - May 23, 2006 C-14 SKCEDI SMALL BUSINESS DEVELOPMENT CENTER.AT HIGHLINE COMMUNITY COLLEGE (HCC) Addition of Federal Way Services - Two Models for Implementation Planning BDS MODEL. .I Proposal to FW, Winter 2005; fte Rate/Yr/Hr Benefits, GS & T . Support Total 0.5 $24,000 $9,120 29000 $5,000 $40"120 Assumptions: #s of businesses in FW tvAceas in other SKCEDI locations $4Q,000 is the amount needed to hire 1/2 time SOS at a cc Pro: Does what SKCEDI letter :o FW said it would do Addition of supervisory ditues likely to provide pathway for raise for,Zev Con: 1/2 time position might lack stability SKCEDI would like to see �1000-HOUR BDS MODEL- plan driven by 111 commitment 0.45 $24.00 $3,660 $2,600 $5,000 $34,66q. Assumptions: # Under;$35,00o which is.a went FW commmmnent Pro: Gives 4imost as much time as'1/2 time position, 2 days/week n Addiflon of supervisory ditues likely to provide pathway for raise for Zev n 3 Con: Less likely that we can hire and retain SOS w/o benefits 1/2 time hard enough to K Less likely we cairget ongoing commitment we desire from BDS N vJ SN Prepared by Mary Averett, HCC, for disctission purposes at the December 2065 SKCEDI Steering Commmittee Meeting i i Ho ink CBDO t. MI $250 000 I North/East He A Employment Program Worksource Rural Connections . 2 North/East Employment P ram Ho Blink CSDO LMI .$100 000 Extending a Lifeline: The Campaign for 3 North/East Eastside lads CommunityFad' Youth Eastside Services OF LMI $1Q0000 4 North/East C of Camation Rental R abWtatlon ady of Carnation MHRe air LMI $395.000 Duvall Mobile Home Park Water Main 5 North/East Replacement Public im rovemant C of Duvall PI LMI .$98,000 Duvall 2nd Avenue Water Main. Replacement and. side streets) Public 6 NorthlEast Improvement City of Duval PI LMI $500.000 Duvall Community Service Center 7 North/East4A Construction Friends of Youth OF LMI/Homeless $300,000 Duvall Community Service Center 7 North/East-JA lConstructlon Hopdnk LMI/Homeless. ACRS Now Home In the Rainier -Valley 8 Regional Community Facl0ty Asian Counseling & Referral Service. OF Checked All. 575 000 tang County Economic Development Iang County Office of Business 9 Re tonal Program Relations and Economic Development ECO DEV LMI $13%072 Jump Start Enterprise Development 10 Realonal Fund Episcopal Church ECO DEV LMI $66..000 I(Ing County Department of LMI/Persons Technical Assistance Program: Housing Community and Human Services i w/DisabirI*JHo' 11 Reolonall Deve b ment Services Commun Services Division Other -TA males$ $.105;813 RLS Battered Women and Abused Referred to the Housing Finance Program. Referred Renewed Life Su rt CF LMUHomeless $2,000,000 to M Burkl for.TA assistance. New Futures at Windsor eights Capital FouthChildren Sion Proect Now Futures CF LMI ' •$154.000 Joseph Foundation Transitional Home No. 3 Jose h Foundation CF Homeless .to100,000 Referred to the Housin Finance Proram. ElderHealth Adult Day Health Care LMUEldedy/P.ersCenter Acquiallich ElderHeaith Northwest OF ons w/Dlsablities : 5300,000 YWCA of Seattle-pg. CCounty.Ijouth. YWCA Leaming Center at Greenbrid a Snohomish County OF LMI sio0,000 PSRS Developments[ Diaabiltiss Did not LMUPeraons; 1South Housing Puget Sound Residential Services. check w/Disablities $240,000 Referred to the Housin Finance Program. 1 South CCA Low Tech, High Wage Initiative Center for Career Altematives _CO DEV LMI $60,000 1 South MSC Em to . Development Services Multiservice Center ECO DEV LMI $200,000 Tukwila, SeaTac,.Des Moines Minor City of Tu la -Office Human ' 20 South Home Re air Services MHRe air LMI $57,000 Burien North Ambaum Park Developmeril 21 South - Phase 2 City of Burlen PI LMI $103,180 Val ue Sewer District UUD#39 Side 22 South Sewer Connection P ram Val Vue Sewer District PI LMI •s80,000 Val Vue Sewer District UUD#41 Side 23 South Sewer Connection P ram Val Vue Sewer District PI LMI $40;000 Val Vue Sewer ct uD#43' fde 24 South l8swer Connectlon*Proaram Val Vue Sewer District PI LMI :570,000 Val Vue Sewer District UUD#44 Side 25 South Sewer Connection Program Val Vue Sewer District PI LMI $45;000 Persons 28 South SeaTae Angle Lake Dock Im rovemeM CI of SeaTae PI w/Disablities:. $2009000 27 South SWSSD Evergreen el hts UUD' Southwest Suburban Sewer District PI EMT-$500,000 Des Moines South 216th Street Sidewalk LMI/Eldedy/Pers . 28 South project - Phase I: City of Des Moines PI ions w/Disabllties • $225 000 Enumclaw Youth and Senior Canter 28 South Develo moM of Enumclaw CF LMVEIde $180 000 Family esource Center Energy 30 North/East EfRd U rades Family Resource Center CF LMI $100,000 a-� L�J W W NI1 nA� W C e g� .W r�r•/ E Ln THE HIGHLINE SBDC WORKING IN THE COMMUNITY IN 2065 SBDC Counseling Makes A Difference 2005 2004 Local Businesses Helped by SBDC Counselor 139 91 JobsCreatedor Saved in the Community 44 23 Additional Funding Acquired for. Local Businesses _ $040,155. $229;500 SBDC Client Success " The SBDC helped me control my marketing A Plus Flooring costs. 1 made the final decision, but going Installing floors is no easy task,. and developing a through the process with the SBAC counselor - small business to instatt flooring:Weyen harder.: was a iiuO helpl" James Sorensen, owner of A Phis Flooring, is well aware of the complexity of starting a new business. Knowing there were many aspects of business devel- opment to concentrate on, he approached the SBDC SBDC Client Satisfaction* for technical assistance in brinQin4 his ideas of start- ing up a business to fruition. With the help.of a SBDC.counselor;-the owner-ob- 'Responded #o ClientNeeds9 tained successful business plan coaching, developed a powerful and effegdye_marketing plan; and.gained human resource knowledge. With. all of this profes- sronal advice, James opened the doors to his new Recomrnend#o OtherO business in 2004.and is on his way to- having long-term success. Counseling Servlces Rated. , Sorensen credits the SBDC with helping to control Fight marketing costs, identifying how best to use advertis- ing, and giving him the confidence needed to proceed with moving ahead and opening.his own business. James Sorensen is building the foundations of success for his'busiriess, thanks in part -to the SBDC. "The SBDC gave me the confidence to proceed with my business and helped me see that my concept was more than a pipe dream." Business Sectors Served by the SBDC Wholesale 5% Construction3% Other 14% 100% 100% 100% *2004 Survey Data SBDC counseling Clients Male Female 45% veterans 13% Asian, Black/African American, 23% Hawaiian/Padfic Islander Native American/ 1% American Indian Hispanic 7% vmw.wsbdc.org FHSRAC - May 23, 2006 C-17 " 0 W C� n W U 0 W THE SBDC NETWORK WORKING STATEWIDE IN 2005 SBDC Counseling Makes A Difference 2005 2000-2004 Local Businesses Helped by SBDC Counselor 3,290 15,412 Jobs Created or Saved in the Community 11888. 7,578 Additional Funding Acquired for Local Businesses $104,483,443 $271,092,642 Estimated -Sales impacts.for.Btisinesses (1101) $288,334.,201 (87:1) Additional State Taxes Collected: $79914,138 SBDC Client Success _ US Sheet Metal Doug Johnson is the 2nd generation owner of US Sheet Metal. Since . 'the 1950's the firm has been providing thearchitectural sheet'metat work on some of the_region's most notable bui'tdingL' He had oper- ated the.company successfully for 15 years emptoying.30 highly skilled and paid workers. Four years ago the firm went through a challenging ownership transition, with Doug buying out some of the i t n 1 additi the market was cha in and the m non y paners. n on, a, g, business was facing a troubled future. In 2002, Doug called the SBDC Business Clients' Performance vs. SBDC, and during the Initial counseling session, Doug explained his Other Businesses in the State desire to find a way to continue to employ his tong standing work force, find 'new revenue and put the firm on solid financial footing Into the future:.The SBDC.counsetor helped -Doug produce anew . strategic plan, obtain marketing reseatch,'and e4l6re hew stretch %Change in business initiatives In order to meet the. goals outtlned In the initial Salts' session. In response to these plans, Doug purchaseda $1.11 million 23.2 % showroom for home furnishings and chic Industrial, kitchen. This.new venture will help keep Doug's facility full of work and keep his work- ers employed. With the SBDC's assistance and a new outlook, US % Change in Sheet Metal will continue its viability well into the future. Employment "Traditional lending institutions are not used to 14.796 funding new growth technology companies. With the 6% n 3.6% SBDC's help,,Keymaster has been able to accelerate its growth and profitab iTfty." —Tri-Cities SBDC Training Em owers Small Businesses 2005 2004-2000 # of Training Sessions Held for Small Business Owners, 549 1,710 Managers, and Employees # of Small Business Owners, Managers, and Employees 6,376 21,162 Who Attended Training Sessions Business Sectors Served. by the SBDC. SBDC Counseling -Clients. Manufacturing 12% Pre -Venture 9% Mate 51% Other 2% Female 48% Retail 22% Service., ww,wsbdc.01" No Reply Construction 5% veterans Wholesale 3% Asian, SlackfAfrlcan American, Hawaiian/Pacific Islander American Indfan/Alaskan Native Hispanic FHSRAC - May 23, 2006 C-18 City of Federal Way Applications Recewed• for 2007 Community Developmient Block Grant (CDBG ) Applicant Project/Program Req CDBG Capital Projects i I Boys & Girls Clubs of King County Federal Way Boys & Girls Club Roof Replacement $ 199,800 2 ElderHeaith Northwest Renovation of Adult Day Health Can: Center $ 100,000 3 FUSION Acquisition of a two -bedroom. transitional housing unit and replace existing one- $ 175,000 bedroom unit with two -bedroom unit 4 Multi -Service Center Employment by an Eligible CBDO: $ .. .107,853 5 Recovery Centers of King Courty Acquisition of building in which Recovery Centers of King County's Detoxifcation $ 83,203 Facility is .located Capital Project Funds $ 665,856 CDBG Applicant Project/Program Req ¢DBG-PS Amount Funded 2006 CDBG - Public Service 1 Big Brother Big Sister of King and Pierce Counties Youth Mentoring $ 12,500 2 Community Health Centers of King County' Primary Dental Care $ 10,000 3 Community Health Centers of King County` Primary,Medical Care $ 12,000 4 ElderHealth Northwest Connection Program:.... ElderHealth Northwest Connection Adult Day Health Care. $ 12,000 5 Emergency -Feeding Program* Ennergency Feeding Program $ 10,000 61 Evergreen Senior Club" Ethnic Senior Service $ 10,000 7 Federal Way Senior Center Adult Daycare $ 12,500 8 Institute for Family Development' PACT. -(Parents and Children Together) $ . 11,800 9 Multi-Service'Center Emerdency.Feeding Program. $ .10,000 10 Orion' ' Rehabilitlation Services $ 44,100 11 Page Ahead Children's Literacy Program—,' Books for Kids $ 10,000 12 1 The Salvation Army/Federal Way Corps`. ISocial Services $ 10,000 $ 12,376 $ 10,000 $ 10,000 $ 10,000 ' $ 10,000 $ 10,000 $ - $ - Total CDBG - Public Services $ ' 164,900 $ 62,376 'Applied for both CDBG & HS-GF .o N Re 19/2006 9:56 AM 2Q07 CD G Applicant )306.XLS A MESSAGE FOR THE HUMAN SERVICES COMMISSION Page 1 of 1 Kelli ODonnell - A MESSAGE FOR THE HUMAN SERVICES COl!MSSION From: "AVERETT, MARY" <maverett@highline.edu> To:<Kelli.ODonnell@cityoffederalway.com> Date: 5/11/2006 12:51:44 PM Subject:' ..A MESSAGE FOR THE HUMAN SERVICES COMMISSION- . CC: "AVERETT, MARY" <maverett@highline.edu> Kelli: Please share this message with the Human Services Commission. I sure wish I or Zev could be there with you for this meeting. You did such a nice job putting together the pieces. Please call me with the news at��! Dear Federal Way Human Service Commissioners: I wish I.could be.there. tonight to:answer-any questio7ns.yW might have about the issue Before you, that of=CDBG funds providing a portion of the funding of small business development services for Federal Way residents. I write with. just a few points to add to the materials Kelli provided for you. 1) CDBG funds are used in many places around the country to provide these services for residents of CDBG program areas. This would not be.anew use of CDBG funds, and this plan, with CDBG covering only a portion of the funding will -leverage CDBG furids:well. .: 2). Most of -the business. owners and :operators who -use: the SBDC. services qualify under CDB G.'mcome guidelines. Nationwide, a huge percentage of the clients served by SBDCs have low to moderate income levels. They don't always stay there, because the SBDC helps small and medium sized businesses -succeed at a higher rate than they do on their own. See materials Kelli provided. 3) If what occurred in the= other five cities. that the Highliw SBDC has served now .fi ir- 1years becomes: true in Federal. Way, and I-piedict it will, -within _six months, you:will begiri:to'see real and substantive outcomes you can cite as benefits of having provided CDBG funding. .,There will be jobs created, jobs4saved, loans acquired -to grow businesses and equity investment to show for your commitment of these funds. In addition, there will be great stories from Federal Way businesses who are happy with the services. You will be.'amazed at:how helpful ono -cost -to -the -recipient business development counseling and education -can be to. smart -people who are in business, or thinking of starting.a business; it helps them separate the forest &ni the trees, it - helps them figure out what they need to do to move their businesses forward; it helps them with the technical information and.skills that they can'.t yet afford to hire, but that they need in order to grow. Federal. Way has thousands. of small .businesses will have. the opportunity to benefit from this service, and CDBG funding is key to the project coming together for Federal Way. Sincerely, Mary Averett, Dean Highline Community College Center for Extended Learning and SBDC Director FHSRAC -May 23, 2006 C-20 flls.•i/'•\Tli�nnmr>nte�/7/lan��/7(1QA++inoe\r�s+fanit�T �al�/7(lCts.+ti»no\Ts ms�\13�x71/1/1MZ TJ'TIX C/1 1 r1Nt9C A Sampling of Achiever Clients Small Business Development Center First Quarter 2005 Below is a sampling of five of the 60' local businesses -served by the SKCEDI- funded H.ighline SBDC during -the first three months of 2005..Each of these enterprises is from a different city. All of them work closely with the SBDC and all have created jobs and economic activity beyond -what might have occurred without SBDC support. Release of this information has be_ en granted.by each owner./operator.- Barry Rodda Rodda & Sons SeaTac, Washington Landscape design:and installation. l=ourteerl er►iployees. llVorked closely with . SBDC 'on marketing. strategy andtactics to. identifymarket segments and connect more effectively with them, Sales are up 20% over prior year. Has added 3 full- time positions: Tod Bookless Internet Auction Services Tukwila, Washington. . Automobile sales for dealers and for individuals on the Internet at this address: www.internetauctionservices.com. Owner worked closely with SBbC. on business plan...Site is. now. .up.and. runn.ing..Created .I full4im0.position.this-year. Anne. Basco .:. Normandy Park Yoga Normandy Park, Washington An established, active yoga studio and an instructor training facility. Owner - worked closely with SBDC on marketing, budgeting, forecasting -Owner -now employs four part-time, instructors .and- also operates off -site seminars_ David Goretski Soggy Doggy Des _Moines; -Washington A self -serve dog-wash:faciliity and dog accessories store; Now working closely with -the S'B.QC on furiding and opening a second location. Business plan-, loan application package and site selection are the key issues. New*store will create four new jobs. Kevin Foxen Kevin & Sean's A Place for Pets B.urien.,. Washington Start-up. by.ekperienced operator..Worked closely with the SBDC on all aspects: business plan, financing -plan, loan package, identifying a business partner, leasing, marketing. Creating'4 full-time positions. SBA loan has been funded. Opening late April 2005. FHSRAC - May 23, 2606 C-21 Brief Success Stories Burien The owner of a 10 person landscaping company contacted The Highline Small Business Development Center because -his hadn'tgrown -for three years -in a row: The SBDC supported a thorough evaluation by the owner of the company's marketing. Weak areas were identified and strategies to fix them have been put in place. Sales are now 10% ahead of last year and.rising.steadily. And this SBDC client has hired two more employees: a designer and a work -crew supervisor Tukwila The :owner .of a:125-person manufacturing .company contacted The. fTighline. Small Business Developznenf. Center because he needed to.learn more about how toga_ about ' .. . replacing his marketing director. A new director is on �elemerit of the company's plan to increase sales. The SBDC researched executive search firms that specialize in marketing managers and provided the client with a list.of three highly qualified firms. The client interviewed the three search ;:selected one and.tlie hunt is.fioiw on for the.pew .: . marketing director; Thie client recently requested additional assistance from the SBDC for developing strategies to -grow a $150,000 product line into a $500,600 division with the potential to create six new full-time jobs. SeaTac - The owner of a -large; for-p Oc t•gyrn sties training facility contacted The Highline Small - Business Development .Centei:fo .support in;inereasing:her.etient:base: The SBDC worked .plosely with her.to.first develop an easy-to-use.database-ofreferral-contacts at - schools and community organizations and then to enable those contacts to more easily refer students. The client has hired a person to coordinate this marketing project; as the, project continues it's anticipated that increased enrollment will create two new part-time instructor positions. Normandy Park The owner of -an exercise studio contacted The Highline Small Business -Development Center for assistance in developimga special -focus marketing program. The SBDC supported the client. as she developed a strategy, a plan and the details for each tactic. As a result of 'this plan membership has.increased and the studio is'enjoying increased revenues. Tukwila An experienced businessperson contacted The Highline Small Business Development Center for help in. completing .4 business plan and obtaining a bank loan. With. support from the SBDC, the client has leased a high -traffic Tukwila location, purchased a franchise and is applying for a $140,000 SBA -guaranteed bank loan. This business will create two new full-time:jobs and.three part-time positions. FHSRAC - May 23, 2006 CG.22 f� � l3/btu `1� P��- � P COUNCIL MEETING DATE: June 20, 2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 90 Avenue Sat S 336`h Street Signal Modification Project /Flashing Yellow Arrow Pilot POLICY QUESTION: Should the Council authorize staff to proceed with implementation of the 9"' Avenue S at S 336"' Street Signal Modification Project and implement a pilot project to experiment with Flashing Yellow Arrow traffic signal displays? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June S, 2006 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ ResoIution ❑ Other STAFF REPORT BY: Rick Perez P. E. City Traffic Engineer IF DEPT: Public Works t Attachments: Land Use and Transportation Committee memo Options Considered: 1. Authorize staff to modify the traffic signal at 9`h Avenue S and S 336' Street to provide protected/permitted left -turn phasing using Flashing Yellow Arrow, and reserve any remaining budget for similar installations upon Council approval; 2. Authorize staff to modify the traffic signal using conventional protected/permitted signal displays. 3. Do not authorize staff to modify the traffic signal and provide direction to staff. -STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the June 20'', 2006 City Council Consent Agenda for approval: Authorize staff to modify the traffic signal at 9"' Avenue S and S 336t° Street to provide protected/permitted left -turn phasing using Flashing Yellow Arrow, and reserve any remaining budget for similar installations upon Council approval. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: '— Committee Council Committee Council COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the Jume 20 4DeancColRan, 2006 City Council Consent Agenda. ac Dovey, Chair ric Faison, Member Member py6DOUNCIL MOTION: "I move approval of Option I, to modthe traffic signal at 9`� Ave S. and S. Street to provide protected/permitted left -turn phasing using Flashing Yellow Arrow, and reserve any remaining budget for similar installations upon Council approval. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED In reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 5`h, 2006 TO: Land Use and Transportation Committ VIA: Derek Matheson, Interim City Managl� FROM: Cary M. Roe, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer if SUBJECT: 9" Avenue S at S 336th Street Signal Modification Project/Flashing Yellow Arrow Pilot BACKGROUND: This project would modify the traffic signal phasing to improve the level of service, and reduce delays and queuing. The extent of queuing during the midday and evening peak hours. is such that driveways near the intersection are blocked and storage lengths for left turn lanes on S 336th Street are exceeded, contributing to a reduction in safety. The traffic signal phasing on S 336th Street would be changed from protected left -turn phasing (where left -turns are allowed only during a green arrow indication) to protected/permitted (where left - turns are provided a green arrow and also allowed during a green ball but yielding to oncoming traffic). The phasing would also be changed on 9th Avenue S from permitted (where no separate left -turn phase is provided) to protected/permitted. These changes will better accommodate traffic generated by Celebration Park, the new City Hall, and the new Community Center. In addition, staff is proposing a pilot project for a new type of signal display for protected/permitted left -turn phasing, called Flashing Yellow Arrow. This type of display has been undergoing experimentation nationally for about 5 years and has undergone extensive study. Preliminary results from agencies experimenting with this display have been so promising that Federal Highways Administration has given a blanket interim approval to agencies wishing to experiment further, and it is expected that this will become a new standard in the next update of the Manual on Uniform Traffic Control Devices in 2008. One study conducted on a similar signal display used in Dallas, Texas suggests that this will operate more safely than any other type of signal phasing. Other benefits of Flashing Yellow Arrow include greater flexibility in signal coordination and the ability to vary between protected only, protected/permitted, and permitted only phasing by time of day. Other installations in the Northwest include Everett, Kennewick and Vancouver, Washington, and Beaverton, Woodburn, Bend, Redmond, and Medford, Oregon. Studies have shown that the current standard display for protected/permitted left -turn phasing has a relatively low level of driver understanding. Many agencies have attempted to improve this by including the explanatory sign, "Left Turn Yield on Green •", but more recent studies have ironically concluded that this sign actually reduces driver understanding. Locally, Seattle has experimented with a flashing yellow ball display, but studies indicate that driver understanding is better with an arrow display. FHWA insists that the Flashing Yellow Arrow is so intuitive that no explanatory signing is allowed, although agencies are free to.develop their own public education materials. Attached is an example developed by Oregon Department of Transportation. The project account balance is currently $112,281, consisting of $100,000 in REET funds and the remainder in developer mitigation funds. Because of the limited scale of the project, staff proposes to implement the project using King County, forces. King County estimates the project cost at $19,702. Based on the experience of other agencies experimenting with Flashing Yellow Arrow, staff anticipates that the Flashing Yellow Arrow display will prove to be popular and effective at reducing collision rates, and therefore recommends that any remaining budget be reserved for similar signal modifications at other locations within the City subject to Council approval. However, the project could be implemented with either Flashing Yellow Arrow or conventional protected/permitted left -turn phasing. Communications Understanding the Flashing Yellow Left -Turn Arrow Page I of 2 Text -Only Site State Directory Agencies A-Z Accessibility Business Education human Services Natural Resources Public Safety Recreation Communications Departments Divisions Understanding the Flashing Yellow Left -Turn Arrow Do you know what to do if you are waiting to turn left and you see a flashing yellow left -turn arrow? It's simple: be cautious, and after yielding to oncoming traffic and pedestrians, make your left turn. After it flashes, the flashing yellow left -turn arrow then becomes the better-known steady yellow left -turn arrow. The steady yellow left - turn arrow means what it has always meant: stop, if you can do so safely. A solid red arrow means STOP. Drivers turning left must stop.* A solid yellow arrowmeans stop if it is safe to do so. A flashing yellow arrow means turns are permitted, but you must first yield to oncoming traffic and pedestrians and then proceed with caution. A solid green arrow means turn left. Oncoming traffic must stop. Do not go straight. In Oregon, flashing yellow left -turn arrows are becoming more and more common. Currently, there are several flashing yellow left-tum arrows in the west side Portland Metro area, in Woodburn, in Bend, and throughout Jackson County in Southern Oregon. Based on national research, the flashing yellow arrow is expected to improve intersection safety in certain locations. h PO 0 f h R P h COUNCIL MEETING DATE: June 20`h, 2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South - Northbound Left Turn Lanes at S 332"d and S 316m Streets POLICY QUESTION: Should the median on Pacific Highway South be revised to permit a northbound left turn to westbound South 332"d Street? Also, should the median on Pacific Highway South be revised to increase the storage length of the existing northbound left turn pocket to westbound South 316"' Street? COMMITTEE: Land Use and Transportation Committee CATEGORY: ® Consent ❑ Ordinance MEETING DATE: June 5, 2006 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Bria Roberts, Street Systems Project Engineer T DEPT_Public Works Attachments: City of Federal Way Memorandum; Pacific Highway South — Northbound Left Turn Lanes at S 332"d and S 316`h Streets. June 5, 2006. Options Considered: i. Authorize staff to design and bid a new northbound to westbound left turn pocket on Pacific Highway South at South 332"d Street. Authorize staff to also design and bid an additional 180 feet of storage for the existing northbound to westbound left turn pocket on Pacific Highway South at South 316`h Street. Use unexpended funds from the Pacific Highway South HOV Lanes Phase II for project funding. 2. _Do not authorize staff to proceed. Provide staff with direction. STAFF RECOMMENDATION: Authorize staff to proceed with the design and construction of both left turn pockets. Use unexpended funds from Pacific Hiehwav South HOV Lanes Phase II for nroiect funding. CITY MANAGER APPROVAL: C_ � DIRECTOR APPROVAL: �� ommittee -Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the June 20', 2006 City Council Consent Agenda for approval. Authorize staff to design and bid a new northbound to westbound left turn pocket on Pacific Highway South at South 332"d Street. Authorize staff to design and bid an additional 180 feet of storage for the existing northbound to westbound left turn pocket on Pacific Highway South at South 3166' Street. expended funds from the Pacific Highway South HOV Lanes Phase II for project funding. Chair - Eric Faison, Member P OPO D OUNCIL MOTION: "I move approval of the design and bidding of a new northbound to tb u left turn pocket on Pacific Highway South at South 332"d Street, and the design and bidding of an a itional 180 feet of storage for the existing northbound to westbound left turn pocket on Pacific Highway South at South 31 e Street. Use unexpended funds from the Pacific Highway South HOV Lanes Phase II for project funding. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# 0 DENIED isr reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # K:\COUNCIL\AGDBILLS\2006\06-20-06 S332nd & S316th LT Pockets_doc CITY OF FEDERAL WAY MEMORANDUM DATE: June 5, 2006 TO: Land Use and Transportation Committe VIA: Derek Matheson, Interim City Manage FROM: Cary M. Roe, P.E., Public Works Director ' Brian H. Roberts, P.E., Street Systems Project Engineer SUBJECT: Pacific Highway South -Northbound Left Turn Lanes at S 332id and S 316'h Streets BACKGROUND: The Pacific Highway South HOV Lanes Phase II project (between South 324h Street and South 3401h Street) was originally designed with no median breaks between the signalized intersections. Mr. Kim, a business owner on Pacific Highway South at South 333d Street, requested a median break at South 333`d Street, and submitted a traffic analysis in January 2004 to support it. Subsequent Council action resulted in the median break being provided until such time that more pressing needs developed to require left turn access at South 332"d Street. In particular, Federal Way School District was considering relocating its bus barn and other district facilities to a site on South 332"d Street between Pacific Highway South and Celebration Park. Several City Council members also expressed an interest in revising the median to permit a left turn from northbound Pacific Highway South to westbound South 332"d Street. This would provide access to both Pacific Coast Ford and Ernie's Fuel Stop, as well as facilitating a future east -west road connection between Pacific Highway South and I" Avenue South.. Council requested staff to submit a revised channelization plan to WSDOT for approval, and to investigate and secure a source of funding. WSDOT approved the revised channelization plan on May 8`' of this year. Project funding will come from unexpended funds from the Pacific Highway South Phase II project. Providing a left -turn lane from northbound SR 99 to S 332"d Street is estimated to cost $81,760, including a 10% City contingency. Project design is estimated to cost $16,000, for a total project cost of $97,760. Phase I of SR 99 (between S 310`h Street and S 324"' Street) was originally designed with 210 feet of storage for the northbound to westbound left turn at S 316'h Street. After Phase I was complete, the Pavilions I retail development was completed, increasing traffic in the area. Today, the left turn queues routinely back up onto the inside northbound through lane at mid -day and the afternoon peak. In response to numerous citizen requests, staff evaluated increasing left turn storage to alleviate the congestion. Staff concluded that the left turn pocket can be lengthened to 390 feet without compromising the length of the southbound to eastbound left turn pocket serving S 318`h Street. No channelization plan revision is required to increase the northbound left turn pocket at South 316'h Street. Providing the additional 180 feet of left turn storage to westbound S 316`h Street is estimated to cost $81,480, including a 10% City contingency. Project design is estimated to cost $16,000, for a total project cost of $97,480. Project funding will come from unexpended funds from the Pacific Highway South Phase H project. ., ,...,..,..-... i k e SEC. 16 T. 21 N. R. 4E. W M. #SOOT "TWST R£61Liv APPROWV MA WL IZAuay PLAN TRAFFIC,-ENGINEEJ3 7 AREA OPERATIONS Signed ? Date Prfnt &ds Br'`cus ENGINEERIN MAN Signet Date Print sm CHANNELIZATION LEGEND ❑! v*m TYPE m oR mARROw p v*m TYPE i ARROw 30 n%u-myLur-n um vwi uw Q STOPUM �8 LANE LATE n 1W NIGH YMOW REFLECi1W LJ EPO"440 NFED 8g1MD DOTTED OffEN" lN1E p VUDELDE !! YELIMPAINTONCUR9 Q DOTTED NM LW p HOVLANESYMOM Q V"TE EDGE LR E ® YELLOW EDGE LINE !Q EVALUATE NOWSTANDARD CURB RAD4 ram. o a«► LLR6fia i .1" ."WW � V" : S.� w w om is ws aR �r •. CH O! -324TH- To K� COUNTY, SR99 CHM4NEiIZATION PLAN M.P. 8.650 TO 9.712 3 of 7 �'�,�. CH-3 "'°""°" Te APR. 2004 X Na OME REVI" er AM 15sss8 PACIFIC HIGHWAY SOUTH (SR99) Relocate Sign 13 New Arrow n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ — _ _ _ _ — — _ — _ — — — — _ — _ _ — 877+00 878+00 879+00 r o 880+00 0 881+00 r, o ----- ��--- 100'-------0,----------------- 340' — 0 Remove Curb—�---�-----�--._;-._...—..--- \ Cf ) J � New Curb & Stripe —� Curb to be removed F U) CITY OF Federal Way HOR1Z. SCALE 120•7RIFY SCAL TUM /F�BQNQ. PERT- SCALE I' = n/a E MIM QN E 14CH ON TINS sHo�T. ,W � % DATE 5/25/06 SHEET DRAAWN : KCM S 31 � STREET PAMIC HOMY SOUTH DESIGNED : OR OF 1 • CHECKED - DR ncv nccro� ri •� - ov ne eoo COUNCIL MEETING DATE: June 20, 2006 ITEM #: j CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NPDES Phase II Permit status update POLICY QUESTION: Does Council support staff comments on Draft NPDES permit language as expressed in the May 19"' comment letter sent to the Department of Ecology? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 5, 2006 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Paul A. Bucich, P.E., Surface Water ManagDEPT: Public Works - Attachments: LUTC Memorandum dated June 5, 2006. Options Considered: 1) Support staff comment letter as submitted on May 19, 2006 to DOE in accordance with Draft NPDES permit comment period. Staff are to continue negotiations/discussions with DOE staff and participate in Legislative hearings and meetings with environmental groups and other interested parties on these issues. 2) Request staff to modify position on selected topics when continuing negotiations/discussions with DOE staff, Legislative hearings, environmental groups, and other interested parties. 3) Do not support staff comment letter and provide direction to staff. STAFF RECOMMENDATION: Staff recommends option 1. Forward this option to the June 20" t, 2006 City Council consent agenda. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: Corm»ittee oancil Comttrittee Council COMMITTEE RECOMMEND ON: .2, c o ey, Chair Eric Faison, Member aeMcCoYX Member PR POS 100UNCIL MOTION: 'I move approval of a r tjov, 1 . (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ^ ❑ APPROVED COUNCIL BILL # ❑ DENIED In reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 51"12006 TO: Land Use and Transportation Commi ee VIA: Derek Matheson, Interim City Manag FROM: Cary M. Roe, P.E., Public Works Director Paul A. Bucich, P.E., Surface Water Manage_ SUBJECT: NPDES Phase H Permit status update BACKGROUND: The federal Clean Water Act of 1972 with later modifications (1977, 1981, and 1987) established water quality goals for the navigable (surface) waters of the United States. One of the mechanisms for. achieving the goals of the Clean Water Act is the National Pollutant Discharge Elimination S sy tem permit program (NPDES Permits), which is administered by the Environmental Protection Agency (EPA). Many years ago the EPA delegated responsibility to administer the NPDES permit program to the State of Washington under Chapter 90.48 RCW, which defines the Department of Ecology's (DOE) authority and obligations in administering the state wastewater discharge permit program. Through this process, the DOE agreed to be responsible for issuing all NPDES permits in the state and to issue them through existing permitting processes. In 1987 Congress amended the federal Clean Water Act (CWA) to address stormwater discharges based on a lawsuit from environmental interests. The CWA amendments established two phases for a stormwater permit program that required controls to reduce stormwater pollutant discharges to the maximum extent practicable (MEP). Phase I of the permit program covered large and medium sized municipalities (over 100,000 populations) with Phase 11 to cover smaller jurisdictions. Snohomish County, King County, Pierce County, Clark County, Seattle, Tacoma and WSDOT are the only Phase I permittees in Washington State. There are over 85 Phase II jurisdictions subject to the impending permit. In 2000, EPA finalized the NPDES Phase II rules regulating municipally -owned separate storm sewer systems (MS4's) within census -defined urban areas. The Phase 11 rule extends coverage of the NPDES program to small municipal separate stormwater sewer systems and requires Ecology to expand its stormwater program by issuing permits to additional operators of MS4's that discharge to surface waters. The federal Register outlining the intention of the Phase 11 Stormwater Rules requires that a jurisdiction create a Stormwater Management Program that contains the following six minimum measures: 1. Public education and outreach 2. Public involvement and participation 3. Illicit discharge, detection and elimination 4. Construction site storm water runoff and control 5. Post -construction storm water management in new development and re -development 6. Pollution prevention/good housekeeping for municipal operations. 6/6/2006 Land Use and Transportation Committee Draft NPDES Phase II Permit Update Page 2 The Phase II Rules also contain specific requirements for waterbodies that are subject to a Total Maximum Daily Load ("TMDL") due to pollutant loadings violating numeric water quality criterion. Federal Way does not have a TMDL established for any waterbodies at this time but it is anticipated that ones will be developed based on already having waterbodies or segments of waterbodies on the State 303(d) list (Joe's Creek, Redondo Creek, Steel Lake, and Hylebos Creek — all for Fecal Coliform). The DOE issued a preliminary draft permit in early 2005 with the express intent of gauging the reaction from all interested parties. This was not a broadly distributed document and did not follow the normal procedures for Ecology. Based on the comments received (thousands of pages), DOE went back to the drawing board and worked on a new draft permit which was issued on February 15" of this year. While the new permit draft was improved, there was still much within it to concern municipalities, environmental interests, federal agencies, and engineers. The DOE has only issued drafts of the permit language. There is a concern that significant issues remain to be addressed before the final permit can be completed. We are encouraging DOE to work with the effected parties closely as well as the State Legislature in resolving the issues prior to release of the final permit. A copy of a comment letter along with specific comments sent to Ecology on the draft permit has been forwarded to Council under separate cover. The purpose of this memorandum and LUTC presentation is to go over the bigger issues with the council on the draft permit. Maior Issues: Re -Development requirements — The current draft permit refers to Ecology's 2005 Stormwater Management Manual for Western Washington (Manual) in multiple places. Of great concern is the manner in which the Manual addresses redevelopment on a site. Applicants would need to treat the site as an undeveloped, forested parcel when addressing stormwater quantity and quality. No longer would applicants be allowed credit for facilities installed legally in accordance with State vesting laws. This would lead to significantly increased re -development costs potentially dampening the redevelopment market. Additionally, there is a strong question as to the legal ability of municipalities to do so in light of state law and court decisions. Monitoring — We have joined with multiple other municipalities, both Phase I and Phase H. in requesting that Ecology form a Stormwater Partnership to coordinate monitoring of stormwater with salmon recovery, Puget Sound Recovery efforts, Water Resource Inventory Area Plans, along with other efforts dedicated to improving the quality of water in our streams, lakes, rivers, and Puget Sound. As currently structured, the draft Permit language has been structured to lead to "wet chemistry" water quality monitoring within the next permit cycle. Based on ten plus years of similar intensive monitoring efforts by the Phase I jurisdictions, little benefit will be derived from this effort but at a great deal of cost. Stormwater professionals are interested in seeing and participating in an effort to develop a state wide monitoring program that would provide meaningful management information for improving Best Management Practices (BMP) selection and making other stormwater management decisions. Further, since the Permit language. states that monitoring results are to be used as a metric for determining if program actions are making reasonable progress towards desired outcomes, it is desirable that the indicators are reliable, reasonable, and scientifically defensible. 5/31 /2006 Land Use and Transportation Committee Draft NPDES Phase II Permit Update Page 3 Use of Ecology's 2005 Stormwater Management Manual for Western Washington — The permit requires municipalities to adopt the Ecology Manual in part or in total depending on interpretation of the permit language. The Ecology Manual was not intended to be used as a rule of law but instead was developed as a guidance document. Inclusion of the Manual in the Permit language as a standard to be achieved gives the Manual the force of law allowing Ecology to violate State rule making provisions. Federal Way currently uses the 1998 King County Stormwater Manual as modified for our jurisdiction. The Permit language would allow us to adopt the 2005 King County Manual once Ecology has deemed it equivalent to their manual. There are likely provisions in the King County Manual Federal Way would like to modify at the time of adoption however, the Permit language does not provide for individual jurisdiction's modifications. Ecology staff have indicated they are not prepared to review or comment on any alternative manuals submitted by Phase II jurisdictions. Annual Cost Tracking and Reporting - The current permit language will require all municipalities to report on expenditures down to a level of detail well in excess of that required by the adopted budgeting practices from the State Auditors Office. The concern is that this level of detail tracking will require either a reworking of our cost accounting practices or, at a minimum, an extensive effort to provide the details required by December 31' of each year. We are also concerned that our expenditures will be compared against other jurisdictions whose focus is on different aspects of stormwater management based on their community needs. Testing of Ecology BMP's — As currently written, Ecology is requiring municipalities to test and verify the effectiveness of BMP's already approved of in their Manual. It is our opinion that if the State has approved of and required the use of these BMP's, verification of their effectiveness rests on the DOE. Fiscal, liability, and DOE staffing concerns — The new permit will require Federal Way to submit an annual permit fee of approximately $34,000 with an inflationary factor increasing the permit fee annually. Ecology has already stated that it will not have staffing necessary to review our Phase II permit, manual submittals, nor annual reports. This leaves us wondering what we are paying for and whether the permit issuance will provide Phase II jurisdictions any coverage from third party lawsuits. It has been our understanding that once the final permit is issued, compliance with the permit affords us a legal "shield" to some extent from third party lawsuits. Without annual certifications from Ecology of permit compliance, we are wondering what level of legal protection the permit will give us. Next Steps — The DOE will be reviewing the comments received and preparing responses to groupings of comments. The stated intend is to issue a fmal permit in September of this year. Due to the significant issues in the draft permit, we have requested they not issue the permit based upon an arbitrary deadline to the .detriment of resolving the issues or that they issue a second draft permit for further discussion. Further, based on the nature and scope of these issues, many municipalities are requesting the State Legislature get involved to help find an equitable and defensible permit. cc_ Project File Day File COUNCIL.MEETING DATE: June 20, 2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Old City Hall Fixture Easement (NW comer of S.336`h St. & V Way S.) POLICY QUESTION: Should the City allow the old city hall building sign to remain in City Right of Way (ROW) and grant a fixture easement? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 5, 2006 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ken Miller' Deputy u Director DEPT: Public Works --_— _---------.._..------__._.__—.fi_ -------------__..-----_---- Attachments: Land Use and Transportation Committee memo Options Considered: 1. Approve the fixture easement to allow the building sign to remain in City Right of Way (ROW). 2. Provide staff with direction regarding the existing, sign location. STAFF RECOMMENDATION: Placing Option I on the June 20, 2006 Council Consent Agenda for approval and to authorize the City Manager to elute the fixttye,�asement. CITY MANAGER APPROVAL: DIRECTOR APPROVAL- e4*A Committee Council Committee Council COMMITTEE RECOMMENDATION: I move to place Option I on the June 20, 2006 Council Consent Agenda for approval and to authorize the City Manager to execute the fixture easement. �---� , Chair Eric Faison, Member PR POSE COUNCIL MOTION: "I move to approve Option 1 and to authorize the City Manager to execute the fix'uV gafement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 15T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 5`h, 2006 TO: Land Use and Transportation Commjtte VIA: Derek Matheson, Interim City Manager',�,,� P.E., Public Works DirectorC/r• �� FROM: Cary M. Roe, Ken Miller, P.E., Deputy Public Works Director SUBJECT: Old City Hall Fixture Easement ( northwest corner S 33e Street and 1' Way South) BACKGROUND: In February 2005 the City sold the "Old City Hall" on the corner of S 336`h Street and V Way South to Acrobat Financial Services LLC. At that time the right of way necessary for the future S 330h Street Right Hand Turn Lane Project was deeded prior to the sale of the building. Construction on the project is now well under way and it has come to our attention that the existing building sign on the corner is approximately 5.5 feet into the new right of way. The building owner wishes to leave the sign in its current location to allow for optimal visibility. It does not conflict with any currently planned improvements. When the building was sold and the property deeded for right of way the existing sign location in the new right of way was missed. Staff has researched how the sign can remain in its current location and a fixture easement (attached) has been prepared which will allow the sign to remain and also addresses the sign in the future. CV. Project File Day File Recording Requested By: When Recorded Mail To: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH PO Box 9718 FEDERAL WAY, WA 98063 . ATTN: John Mulkey, Public Works FIXTURE EASEMENT Grantor (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Grantee (s): ACROBAT FINANCIAL SERVICES, LLC, a Washington Limited Liability Company Property Legal Description: Complete Legal Description indicated below. Easement Legal Description: Complete Easement Legal Description indicated below. For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, The City ofFederal Way, a Washington municipal corporation, ("Grantor") grants, conveys and warrants to the ACROBAT FINANCIAL SERVICES, LLC, a Washington Limited Liability Company ("Grantee") for the purposes hereinafter set forth a fixture easement legally described as follows (the "Easement Area"): Legal Description of Fixture Easement attached hereto as Exhibit "A" and incorporated herein by this reference. 1. Purpose. Grantee and its agents, designees and/or assigns shall have the right at such times as deemed necessary by Grantee, to enter upon the Easement Area to inspect, maintain and repair a pre-existing monument located partially within the City Right-of-way as depicted on Exhibit B attached hereto and incorporated herein by reference. 2. Access. Grantee shall have the right of access to the Easement Area over and across the Right-of-way to enable Grantee to exercise its rights hereunder. 3. Landscaping. Grantee may from time to time remove vegetation, trees, or yother' obstructions within the Easement Area, and may level and grade the Easement Area to the extent reasonably necessary to carry out the purposes set forth in paragraph 1 hereof; provided, however, that following any such work, Grantee shall, to the extent reasonably practicable, restore the Easement Area and Grantor's property to a condition similar to its condition prior to such work. 4. Grantor's Use of Right -of -Way. This Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to use the Easement Area for any purpose not inconsistent with Grantee's rights. 5. Indemnification. Grantee agrees to indemnify, defend and hold Grantor, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Easement. 6. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 7. Termination. This easement shall automatically terminate upon the removal, relocation, replacement or abandonment of the existing monument. DATED THIS day of GRANTOR City of Federal Way CA Derek Matheson, Interim City Manager 33325 8`h Ave South, PO BOX 9718 Federal Way, WA 98063 ATTEST: City Clerk, Laura Hathaway, CMC 2 2006. GRANTEE Acrobat Financial Services, LLC Ulm Patrick Rhodes 31620 23`d Avenue South Federal Way, WA 98003 STATE OF WASHINGTON ) ) ss. COUNTY OF KING } On this day personally appeared before me , to me known to be the of Acrobat Financial Services, LLC, a Washington Limited Liability Company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is. the corporate seal of said coiporation. GIVEN my hand and official seal this day of , 2006. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires K_ Measement-Acrobat Financial EXHIBIT A FIXTURE EASEMENT THAT PORTION OF PARCEL 2 OF SHORT PLAT NUMBER 878144, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 7812081138, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID PARCEL 2 WITH THE NORTHWESTERLY MARGIN OF SOUTH 336T" STREET AS DESCRIBED IN DEED RECORDED UNDER RECORDERS NUMBER 20050131002591, RECORDS OF KING COUNTY, WASHINGTON,- THENCE SOUTH 76015'05' WEST ALONG SAID NORTHWESTERLY MARGIN OF SOUTH 336TH STREET, 195.69 FEET, - THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 13' 44' 55" WEST, 30.00 FEET, AN ARC DISTANCE OF 2a 94 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID CURVE AN ARC DISTANCE OF 8.03 FEET,- THENCE SOUTH 35*5 1'25" WEST, 9.18 FEET, - THENCE SOUTH 54"08'35" EAST, 8.00 FEET,- THENCE NORTH 35°51 '25" EAST, 9.45 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 73 SQUARE FEET, MORE OR LESS. 0636E KPG 336TH FIXTURE EASEMENT doc - 1 - KPG / i / 15' ROAD & / UTILITY EASEMENT / K.C.S.P. 878144 - REC. NO. 7812081138 PARCEL 1 EXISTING PARCEL 2 ROW FIXTURE EASEMENT / AREA = 73f S.F. N. T. S. 54 R=30.00' 69� L=8.03' 1g5% 7POB� \ '�� h A' R=30.00' L=20.94' �6'15'05" E /S 33610 EXISTING ROW C/L 23, 2006 ACAD No. 0636B KPG FIXTURE EASEMENT.DWG K EXHIBI T B "" PARCEL 9265000360 FIXTURE EASEMENT COUNCIL MEETING DATE: June 20, 2006 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Acceptance of $14,000 United Way Venture Fund Grant for use towards the Organizational Capacity Building Pilot Program POLICY QUESTION: Should the Community Development Services Department Human Services Division receive grant funding from United Way of King County's Venture Fund Program to support small grass roots human service organizations receive technical assistance to help strengthen their organization's internal systems and operations through the Organizational Capacity Building Pilot Program? COMMITTEE: FHSRAC MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Angelina Allen_ Mpylsi, Human Services Manager DEPT: Community Development Attachments: ■ United Way of King County Venture Fund Contract Options Considered: 1. Authorize the City Manager to accept the United Way Venture Fund grant in the amount of.$14,000 to support organizational capacity building. 2. Not authorize the City Manager to accept the United Way Venture Fund grant in the amount of $14,000 to support organizational capacity building. STAFF RECOMMENDATION: Option 1 is recommended. CITY MANAGER APPROVAL: 4—lv-- DIRECTOR APPROVAL: Vkv— — Committee Council Committee Council COMMITTEE RECOMMENDATION: "I move approval of option with the authorization for the City Manager to enter into the appropriate contracts" h. _ ..b -�lJ /761 C� are COY�a,, Kochmar, Chair PROPOSED COUNCIL MOTION: "I move approval of option with the authorization for the City Manager to enter into the appropriate contracts" (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE, COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 0 0 UNITED WAY UNITED WAY OF KING COUNTY JKiNG COUNTY Venture Fund Contract For the fiscal year July 1, 2005 - June 30, 2006 Background Information: United Way of King County (UWKC) distributes Venture Funds to address sub -regional health & human service priorities identified by UWKC's four Community Councils. Examples of appropriate uses for Venture Funds used in the context of council priorities include: testing new and innovative approaches for service delivery; responding to critical or. emergent needs; developing essential services in under -served communities; and supporting community planning and community building efforts that lead to improved lives. Venture Funds constitute one-time only awards for the purposes listed above, and are not intended as a source of permanent or, ongoing funding. They are generally small grants ranging between $5,000 and $20,000. These awards are distributed pursuant to contracts establishing the purposes for which the funds will be used and the results to be achieved CONTRACT This Contract is made between United Way of King County, referred to herein as UWKC and the City of Federal Way, Community Development Services Department Human Services Division, referred to herein as "the Agency." Section I: General Provisions of the Contract Amount of Venture Fund Award: Upon receipt of this signed contract, UWKC will provide a one-time payment of $14,000 to City of Federal Way, Community Development Services Department Human Services Division. This is an award of a set amount that is determined through a proposal evaluation process established by the South Community Council. This process assesses a proposed project's alignment with UWKC'.s. countywide and sub -regional prioritiCs as well as the Agency's track record of successful performance or likelihood of success in producing measurable outputs and outcomes. Outputs and Outcomes to be Achieved: Under the terms of this contract, the Agency will produce the .following outputs and outcomes as outlined in their proposal and submit a report documenting outputs and outcomes measurement During the period covered by this contract, should the agency plan/intend to discontinue a program that is tied to.the achievement of negotiated outcome(s), the Agency will notify the United Way of King County Community Affairs Manager for the sub -region. If as a result of eliminating a program and/or other internal or external circumstances the agency is unable to perform to achieve approved outputs and outcome(s), UWKC may request repayment of venture funds awarded, and/or the Agency may negotiate a related but alternative use for the venture funds received. The Agency may also be asked to present interim results to the Community Council through a presentation at a Community Council meeting or a visit or tour by the Council's members to the project site. The Agency is awarded venture funding under the following regional or sub -regional UWKC priority: Families have access to the resources needed to stabilize their lives and provide for the basic 720 2^d Ave • Seattle, WA 98104• PhoneffDD 206.461.3700 • FAX 206.461A872 United Way of King Venture fund Contract For the fiscal year July 1, 2005 — June 30, 2006 needs of their families. Basic needs include food, housing, healthcare, childcare, and energy assistance. Outcome(s) • Strengthen the organizational infrastructure of up to 4 or 5 small grassroots human service organizations - serving Federal Way and Tukwila. • Increase the capacity and knowledge of the staff and board to effectively manage and lead their human service agencies. • Share lessons learned with grant makers, policy makers and other stakeholders to expand and replicate this model in other communities in King County and • Provide city human service staff with the opportunity to gain the necessary skills to increase their understanding of nonprofit organizational capacity issues and acquire the practical skills needed to conduct future organizational assessments with grassroots nonprofit human service agencies. Section II: Reporting Requirements Within 30 days after the completion of activities, and no later than 12 months after this contract is signed by both parties, the Agency will provide UWKC a two -page report, summarizing outputs achieved, overall outcomes and lessons learned as a result of the contract. The report is to cover the following topics: 1. What outcomes were achieved? 2. What were the challenges that you faced in project implementation? How did you address them? What opportunities emerged that you didn't initially foresee when writing the venture fund proposal? 3. What have you learned that you want to share with others? 4. How have you leveraged the venture fund amount with other funding, in -kind donations, volunteer hours, new partnerships, cost savings, etc.? What would you estimate is the monetary value of the resources leveraged from the venture fund grant? 5. What are your next planned steps for this program? Note that this grant carries no implication for ongoing funding from UWKC for Agency activities. United Way of King Venture fund Contract For the fiscal year July t; 2005 — June 30, 2006 Section V. Signatures Your signature on this document indicates that you are in agreement with all stipulations made herein. UNITED WAY OF KING COUNTY a David Okimoto, Vice -President Community Services, UWKC Date: May 25, 2006 CITY OF FEDERAL WAY Print Name Signature City Manager Date: ATTEST: This day of 2006. Laura Hathaway, CMC, Federal Way City Clerk Approved as to Form for City of Federal Way City Attorney, Patricia A. Richardson COUNCIL MEETING DATE: June 20, 2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED 2005-2007 COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY LIEUTENANTS' ASSOCIATION POLICY QUESTION: SHOULD THE CITY COUNCIL AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE THE PROPOSED COLLECTIVE BARGAINING THAT THE LIEUTENTANTS' ASSOCIATION HAS RATIFIED? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing X City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: PATRICIA RICHARDSON DEPT: Law Attachments: Proposed 2005-2007 Collective Bargaining Agreement with the Federal Way Lieutenants' Association. The Public Employees Relations Commission certified the bargaining unit for the police Lieutenants in 2005. The City and the Association began negotiations in March of 2006 for the first collective bargaining agreement. The attached proposed contract is a culmination of several months of collaborative negotiations. The Association ratified the proposed agreement on June 13, 2006. The financial impact of the proposed agreement includes: (1) Enrollment of all members in the PPO health insurance plan; (2) salary adjustment of 3.5% for 2005; 3% for 2006 and 90% of the CPI for 2007; (3) phase out of P3 payment; (5) one-time payment of $250 per member into the Retirement Health Savings Plan; (4) one-time payment of $250 for those members who have obtained or do obtain the 1" line supervisory certification; and (5) one-time payment of $250 for those members who complete an additional 72 hours of management courses. STAFF RECOMMENDATION: Council approve the proposed 2005-2007 Agreement with the Lieutenants' Association. CITY MANAGER APPROVAL: (\__ DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the2005-2007 Collective Bargaining Agreement with the Lieutenants'Association " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY AND FEDERAL WAY POLICE LIEUTENANT ASSOCIATION Collective Bargaining Agreement PREAMBLE: The Federal Way Police Lieutenant Association ("Association") and the City of Federal Way ("City") 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 "Agreement") in a spirit of cooperation and collaboration in an effort to further this goal. TA 3/21/06 ARTICLE 1: ASSOCIATION RECOGNITION AND MEMBERSHIP Section 1. Recognition. The City recognizes the Association as the exclusive bargaining representative for all employees in the bargaining unit as certified by the Public Employment Relations Commission. Section 2. Association Membership. It shall be a condition of promotion that all bargaining unit employees shall become members of the Association and remain members in good standing or pay an agency fee to the Association for their representation to the extent permitted by law. It shall also be a condition of employment that employees covered by this Agreement and promoted on or after its effective date shall, by the thirtieth day following such promotion, become and remain members in good standing in the Association or pay an agency fee to the Association 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 Association membership and/or association shall not be required to tender those dues or initiation fees to the Association as a condition of employment. Such employee shall pay an amount of money equivalent to regular Association dues and initiation fees to a non -religious charity mutually agreed upon between the public employee and the Association. The employee shall furnish written proof that payment to the agreed upon non -religious charity has been made. If the employee and the Association 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 to the Association that he/she is eligible for such exemption. All initiation fees and dues paid to the charity shall be for non -political purposes. Section 3. 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 Association and shall transmit the same to the Association within five business days of the issuance of pay checks. Section 4. List of Employees. The City will transmit to the Association 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 5. Hold Harmless. The Association 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 Association recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. . Section 2. Management rights and responsibilities shall include, but are not limited to, the following examples: 1. The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Association recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: 2005-2007 COLLECTIVE BARGAINING AGREEMENT 0) 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 demote probationary employees for any reason. Employees who are demoted before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the demotion, or the reasons therefor. C. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d. to lay off employees for lack of work or funds or other legitimate reasons. 7. The City has. the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. 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. 11. The City has the right to make work assignments, including moving work from the Guild unit into this unit, and work from this unit into the Guild unit. 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 Association at least ten (10) days notice of the desired change. The Association may request bargaining of the issue, and the City thereafter will meet with the Association in an effort to resolve the issue. Should resolution not be achieved, either party may request the assistance of a PERC mediator. If mediation is unsuccessful within thirty (30) after a mediator is assigned, the issue will expeditiously be taken to interest arbitration pursuant to the standards contained in RCW 41.56. ARTICLE 3: HOLIDAYS Section 1. Observed Holidays. On January 1 of each year, the City shall bank (provide) eighty-eight (88) hours of holiday pay for each bargaining unit employee 2005-2007 COLLECTIVE BARGAINING AGREEMENT 3 for the following observed holidays: Tcommonly Called First day of January New Year's Da Third Monday of January Martin Luther King Da Third Monday of February President's Da Last Monday of May Memorial Da Fourth day of July Independence Da First Monday of September Labor Da 11th Day of November Veteran's Day. Fourth Thursday of November Thanksgiving Day Friday following the fourth Thursday in November Day after Thanksgiving 25th day of December Christmas Day Floating Holiday If an employee permanently leaves the service of the employer before December 31 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 as well as the floating holiday hours if the termination occurs prior to July 1 of that year. Section 2. Work on Holidays. 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 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 (December 31). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of his/her banked holiday hours prior to December 31, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30 of the following year, if: a. the employee makes a reasonable effort to use his/her banked holiday hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by 2005-2007 COLLECTIVE BARGAINING AGREEMENT 4 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. The City shall track employee use of banked holiday hours and, upon request, the City shall provide employees and the Association with annual reports in October of each year reflecting the amount of banked holiday hours/pay for each bargaining unit employee. ARTICLE 4: VACATIONS Section T. Vacation Accrual. Association members shall accrue vacation benefits while in pay status, based upon their years with the city, as indicated in the following table: Full Years of Service Annual Leave in Hours Through end of Year 5 96 Upon beginning of Year 6 120 Upon beginning of Year 10 144 Upon beginning of Year 15 168 Upon ratification those Lieutenants currently accruing 120 hours per year will begin accruing 144 hours per year and those Lieutenants currently accruing 144 hours per year will begin accruing 168 hours per year. In the event the city agrees to a more favorable schedule with the Police Guild, or adopts a more favorable schedule for non -union employees,. the Association may, upon notice to the City, have such schedule made applicable to lieutenants as well. Section 2. Accrual. Employees 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 2005-2007 COLLECTIVE BARGAINING AGREEMENT 5 normally scheduled work week. Section 3. Vacation Increments. Vacation may be used in two-hour increments at the discretion of the Chief or his/her appointed designee. Section 4. 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 5. 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 31st, 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. Section 6. Vacation Scheduling. 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. LEOFF. 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 II employees shall earn 8 hours paid sick leave per month of employment, up to a maximum of 1,040 hours. Section 2. Sick Leave Usage. 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 2005-2007 COLLECTIVE BARGAINING AGREEMENT on illness or injury, enforced quarantine in accordance with community health regulations, or the serious injury or illness of an child of the employee with a health condition that requires treatment or supervision, or for a spouse, domestic partner, parent, parent -in- law, or grandparent of the employee who has a serious health condition or an emergency condition as more particularly established in Chapter 296-130 of the Washington Administrative Code (WAC). immediate family member 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. Section 4. Family Care and Death. a. Bereavement Leave. Regular, full time employees shall be entitled to three (3) days (24 hours) of bereavement leave due to death of a member of the employee's immediate family or domestic partner. 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 or domestic partner. 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 child, 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 a lieutenant 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. Physical Fitness. The City will discharge its duty to bargain with the Association 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 lieutenants. Section 8. FMLA Leave. For purposes of determining the twelve (12) week 2005-2007 COLLECTIVE BARGAINING AGREEMENT 7 leave period provided by the FMLA, such period shall run concurrent with the employee's accrued paid leave period. The amount of leave available for use is based upon a rolling twelve (12) month 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. Domestic Partner Requirements. In order to constitute a domestic partner under this agreement an employee must sign an affidavit stating that both parties are: a. Not related by blood closer than would bar marriage in Washington State. b. Not married to another or in any other domestic/civil partnership. c. 18 years of age. d. Competent to contract. e. Declare each other's sole domestic partner. f. Currently share primary residence/mutual support/intend indefinitely. g. Of the same sex; and the relationship has been at least a year or longer. ARTICLE 6: WAGE RATES Section 1. Wages. Wage rate shall be as specified in Appendix A. Section 2. Supervisory Training Incentive. A lieutenant will receive a one- time payment of $250 upon completion of the first level supervisory certificate. A lieutenant will be eligible to receive an additional one-time payment of $250 upon completion of 72 hours of approved elective supervisory and management classes taken during the term of this Agreement. If a lieutenant makes a good faith effort to meet the goal during the term of the Agreement, but is unable to do so as a result of reasonable training requests being denied (funding, for operational reasons, etc.) the lieutenant will receive the $250 upon the expiration of the agreement. Section 3. On -Call Pay. Effective the first pay period following ratification of the Agreement, employees assigned as detectives, employees assigned to the Traffic Unit/Traffic Investigation Unit, SRT and the Bomb Unit shall receive an additional five (5) percent of the top step wage rate per month as on call pay. The higher percentage rate is due to the more frequent rotation. Section 4. Extra -Duty Pay. 2005-2007 COLLECTIVE BARGAINING AGREEMENT a. Employees assigned as Field Training Lieutenants shall receive an additional three (3) percent of the top step wage rate, as extra -duty pay for all time when there is an officer in the Field Training Program. Section 5. Non -Pyramiding. On -call pay and/or extra duty pay shall not be duplicated or pyramided. ARTICLE 7: HOURS OF WORK Section 1. Work Shifts. a. (i) The Patrol Division Lieutenants will continue to work a 4/10 schedule. Shift starting hours will be determined from time to time by the City. There will be a minimum of two Lieutenants assigned to each shift. a. (ii) Detective Lieutenants 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 Detective Lieutenants to minimize overtime expenses to the City. Normal work hours will be from 0700-1700. Detective Lieutenants 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. Lieutenants will continue to flex their time when reasonably possible so as to minimize overtime. a. (iii) The Traffic, Contract Services, and Administrative Lieutenants 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 these Lieutenants to minimize overtime expenses to the City. These Lieutenants will be authorized to work a traditional 5/8 schedule upon request. 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 Association. 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. Lieutenants in investigations will flex their 2005-2007 COLLECTIVE BARGAINING AGREEMENT 0J schedules so as to minimize the impact on the City. Section 2. Shift Bidding. Lieutenants assigned to the patrol function will bid annually for their work shift and days off based upon seniority. The bid sheets will be posted for one week, and lieutenants on leave may bid by proxy. The City may move a lieutenant during the year, or after reviewing the bid results, based upon reasonable necessity. A reasonable necessity would involve a change made by the City due to legal concerns. In the event the change will be for more than four (4) months, the Association may request a rebid of positions. Section 3. Specialty Assignments. 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. A lieutenant assigned by the City to perform work out of class (i.e.- as a commander) for a period of time exceeding thirty (30) calendar days, assumes substantial responsibility when assigned to substitute in a vacant position, in addition to performing the duties of the position currently held is eligible for out of class pay. The vacancy may be due to termination, leave of absence, extended illness or other reasons approved by the City Manager. When such an assignment extends beyond thirty (30) calendar days, the employee may receive up to .a ten percent (10%) increase for the entire extra duty time. The percentage of Extra Duty pay awarded will be determined by the department director, and funding for the additional compensation will come from the department budget. The added compensation will cease when the assignment ends. Section 6. On -Call. 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. Employees who are on -call shall also be provided a City vehicle for commute purposes during all periods that the employee is subject to call-back. Section 7. Rotating Schedule. Lieutenants assigned to the Criminal Investigations Sections and the Traffic Unit Major Accident Investigations Team may be placed on a rotating, on -call schedule. The schedule and procedures for assigning lieutenants to on -call duties will be consistent with current practice. ARTICLE 8: OVERTIME Section 1. Anytime worked in excess of the assigned shift shall be paid at the 2005-2007 COLLECTIVE BARGAINING AGREEMENT 10 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. Section 2. Supervision. To insure adequate supervision in the patrol function if the on duty a lieutenant's absence will include hours when a commander is not on - duty, then patrol supervision will be conducted by lieutenant on overtime. If no lieutenant volunteers to fill the overtime then an officer that has served as an Acting Lieutenant in the past may fill the overtime. Time off requests will not be denied solely due to a commander not being on -duty. 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 lieutenant's employment as a police lieutenant), 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 overthe 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 a lieutenant 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 a lieutenant 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 lieutenant 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 or the Department) indicating time and date of message shall suffice as notification. 2005-2007 COLLECTIVE BARGAINING AGREEMENT 11 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. FLSA Provisions. The City will comply with the hours of work provisions of the FLSA regarding the determination of compensable time. ARTICLE 9: MEDICAL, DENTAL, 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/Asuris Northwest Health PPO insurance plan AWC Plan B, and Group Dental Plan equivalent to the AWC Plan F, and Orthodontia Plan equivalent to AWC Orthodontia Plan IV for LEOFF I dependants and for LEOFF II lieutenants and their dependants. a. The Employer shall pay the premiums for health and welfare plans (Medical, Vision for employee only, Life, and Dental) for the employee and ninety percent (90%) of such premiums for the employee's dependents who are enrolled in such health and welfare plans (excluding spouses who are eligible for other coverage through their place of employment). The life insurance benefit shall be one (1) time's annual salary to a maximum of $50,000. Additionally, the Employer agrees to a section 125 plan to allow for pretax payment of employee insurance co -pays by the employee. 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 plans. Section 2. Supplemental Disability Insurance. The City shall continue to provide supplemental coverage. The Association may elect to have a LEOFF 11 Supplemental Disability Income Plan: In that event, the Employer shall provide for mandatory payroll deduction for a LEOFF I I disability plan selected and administered by the Association. 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. 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 2005-2007 COLLECTIVE BARGAINING AGREEMENT 12 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 Savings 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 IRS for medical expense deductions under Section 213 of the Internal 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. Except as provided below, 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 two hundred fifty dollar ($250.00) 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. Association Negotiating Committee. Up to three employees who serve on the Association Negotiating Committee shall be allowed time off from duty to attend negotiating meetings with the City. Section 4. Association Business. The Department shall afford Association representatives a reasonable amount of time while on -duty to consult with appropriate management officials, and/or aggrieved employees, provided that the Association representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations and Association representatives shall not use excessive time in handling such responsibilities. The Association shall give the City as much advance notice as reasonably possible of such time off requests. 2005-2007 COLLECTIVE BARGAINING AGREEMENT 13 Section 5. Bulletin Boards. The City shall permit the use of a bulletin board by the Association for the posting of notices relating to official Association business, so long as the 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 (i.e.-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 if there 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. In making this determination a factor the Chief may consider is that the Lieutenant is in a supervisory position. 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. All commissioned lieutenants shall be furnished all required uniforms and equipment. Uniforms shall be dry-cleaned at the City's expense as necessary. Lieutenants assigned by the City to non uniform positions (detectives and administrative) 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. Jury Duty. 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 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 2005-2007 COLLECTIVE BARGAINING AGREEMENT 14 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. Lieutenants 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. Defense and Indemnification. The City shall provide legal defense and indemnification pursuant to the City Code. ARTICLE 11: PROHIBITED PRACTICES Section 1. Neither the Association 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 Association 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. Layoff. Employee layoffs shall be made on the basis of job performance and seniority. Absent significant and material distinctions in job 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. 2005-2007 COLLECTIVE BARGAINING AGREEMENT 15 ARTICLE 13: DISCIPLINARY INVESTIGATIONS Section 1. Disciplinary 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 lieutenant holds. Section 2. Disciplinary Investigations. 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 follows: a. "Interrogation" as used herein shall mean any questioning by an agent of the City who is conducting an investigation (as opposed to a routine inquiry) of the employee being interrogated, when the agent knows (or reasonably should know) that the questioning could result in employee discipline. b. Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him/her of the matter. Nothing herein shall operate as a waiver of the Association's right to request bargaining information. C. Any interrogation of an employee shall be at a reasonable hour, preferably. when the employee is on duty, unless the exigencies of the investigation dictate otherwise. d. Any interrogation shall take place at the City Police Department, except when impractical. The employee shall be advised of their right to and shall be allowed that Association representation to the extent allowed by the law. e. The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. f. The employee shall not be subjected to any offensive language or abusive questioning, nor shall he/she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation. g. The Employer shall not require any employee covered bythis 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 lieutenant. 2005-2007 COLLECTIVE BARGAINING AGREEMENT 16 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 Association concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Association, as provided by State Law. C. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Step 1 . An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Association within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the City Manager, with a copy to the Director of Human Resources, by the Association within seven (7) calendar days of the Police Chiefs response or the expiration of the time limit in step 4. 2005-2007 COLLECTIVE BARGAINING AGREEMENT 17 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 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 Association 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 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 Lieutenant Association mutually agree to have more than one grievance or dispute submitted to the Arbitrator. C. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbiter shall be bome equally by the parties. All other costs and expenses will be paid by the party incurring them, including costs of representation. 2005-2007 COLLECTIVE BARGAINING AGREEMENT 18 d. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 3. Time Limits. Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is 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 any way except for just cause. The City may withhold a step increase, for a specified period of time, if it has just cause. Section 7. Probationary Period. All newly promoted employees must serve a probationary period. The probationary period upon promotion shall be one yearfrom 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 promotional process; therefore, the provisions of this Article will not apply to employees- if -they are demoted during the promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than demotion may be processed in accordance with this Article. Section 8. Parties to the Agreement. In as much as this is an agreement between the City and the Association, no individual employee may make use of the 2005-2007 COLLECTIVE BARGAINING AGREEMENT 19 provisions of this Article, except as expressly provided above. ARTICLE 15: NONDISCRIMINATION The Employer and the Association 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 Association 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 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 2005-2007 COLLECTIVE BARGAINING AGREEMENT P1 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) . (ng/ml)Test Level Amphetamines...............................................................................1000 Barbiturates.................................................:........................... . 300 Benzodiazepines.........................:................................................ 300 Cannabinoids...............................................................................100 Cocaine metabolites.......................................................................300 Methadone...................................................................................300 Methaqualone............................................................................... 300 Opiates (Codeine)..........................................................................300 Opiates (Morphine)........................................................................300 Phencyclidine(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 2005-2007 COLLECTIVE BARGAINING AGREEMENT 21 procedure shall be followed: a. The employee shall be given notice of an opportunity to confer with an Association 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 Association 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 Association 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 Association representative) and proper chain -of -custody procedures shall be followed. 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 Association. 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 2005-2007 COLLECTIVE BARGAINING AGREEMENT 22 Amphetamine...........................................................500 ng/ml Methamphetamine.....................................................500 ng/ml Section 6. At the employee's or the Association's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Association for testing. The cost of this test will be paid by the Association 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 Association (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 Officer (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- counter drug, or reported to work while underthe 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 lieutenant from date of promotion and/or appointment. If lieutenants are promoted on the same date then the total years of service as a commissioned police officer in any state will be utilized to determine seniority. 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 2005-2007 COLLECTIVE BARGAINING AGREEMENT 23 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 Association, 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. ARTICLE 20: DURATION This agreement shall be effective until December 31, 2007. 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 CITY OF FEDERAL WAY: Interim City Manager, Derek Matheson Approved as to form: City Attorney, Patricia Richardson 2006. FEDERAL WAY POLICE ASSOCIATION: Association President, John Everly APPENDIX A 2005-2007 COLLECTIVE BARGAINING AGREEMENT 24 Lieutenant: The following wage adjustments apply to the currently employed Lieutenants as of ratification. 2005 Wage — 3.5% Step A Step B Step C Step D Step E I P3 $4988 $5237 $5680 $6165 $6688 $7170 2006 Wage — 3.0%, Convert P3 to F step Step A Step B Step C Step D Step E Step F $5138 $5394 $5850 $6350 $6889 $7385 2007 Wage — 90% CPI-W (Seattle -Tacoma) first half yearly average. 2005-2007 COLLECTIVE BARGAINING AGREEMENT 25