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Council PKT 09-16-2008 Regular ~~ Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 16, 2008 -7:00 PM (www.cityoffederalway.com) 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS · Proclamation: Mayor's Day of Concern for the Hungry - September27 -page 3 · Presentation: Certificate of Appointments - Arts Commission-page 4 · Presentation: Certificate of Appointments - Parks and Recreation Commission-page 7 · Presentation: Christian Faith Center donation to Mayor's Day of Concern for the Hungry-page 14 . Presentation: Wal-Mart Supercenter Donation's to the Art's Commission Writer's Retreat and the Federal Way Community Center-page 15 · City Manager Emerging Issues · Introduction of New Employees · Tree CuttinglRetention Policy 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 in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the September 2,2008 Regular and Special Meetings -page 16 b. Low Impact Development Grant Update (September 8, 2008 LUTC Meeting) -page 24 c. Le Home Demolition - Retainage Release (September 8, 2008 LUTC Meeting) -page 31 d. Commute Trip Reduction (CTR) Program Implementation Agreement with King County (September 8, 2008 LUTe Meeting) 33 -page e. Name for SW 363rd Open Space (September 9, 2008 PRHSPS Connnittee) -page 39 f. Celebration Park Maintenance Building Bid A ward (September 9,2008 PRHSPS Connnittee) -page 44 g. South King Fire & Rescue's Proposed Boundary Line Adjustment (September 9, 2008 PRHSPS Connnittee) - page 45 h. Agreement between City of Federal Way & Ehli Turner Auction to Auction Surplus Vehicles and Motorcycles (September 9,2008 PRHSPS Connnittee) -page 50 1. Bid Award for the Federal Way Police SWAT Van (September 9, 2008 PRHSPS Connnittee) -page 61 J. Grant Funding for Graffiti Abatement Program (September 9,2008 PRHSPS Connnittee) -page 78 k. Acceptance of Sole Bidder "Sound Harley Davidson" for the Purchase of two Harley Davidson Motorcycles (September 9,2008 PRHSPS Connnittee) -page 85 6. COUNCIL BUSINESS a. Status Update - 2008 Planning Commission and Long-Range Planning Work Program-page 93 b. City Property and Liability Insurance-page 103 c. Lease Termination Agreement-page 108 d. Look Alike Weapon Legislation-page III 7. CITY COUNCIL REPORTS 8. CITY MANAGER REPORT 9. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.110(1 )(i) 10. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** .,,:i:}'~~~,. .';~'~~",,~~... :~~~;~~~~:\:\:~:" :.I;':~:~~~:::j. ~:"~...,,~i:~:~: :~~~~~i;;:-.~':': .,':" :,~,~~~.'~ -~.\. "':' ~..-..~:~/:: ...... PROCLAMATION Mayor's Day of Concern for the Hungry WHEREAS, the City ofF ederal Way recognizes adequate nutrition as a basic goal for each citizen; and WHEREAS, no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth. no elderly person's health should be jeopardized by lack of appropriate foods; and WHEREAS, food banks, emergency and hot meal programs, working with the City of Federal Way, local churches. social service agencies, and hundreds of volunteers striving day in and day out to stem the tide of hunger, but still need more help; and WHEREAS, we believe that when the citizens who are not involved hear of the especially desperate needs of the hungry as winter approaches. and their low incomes must stretch to cover increasing fuel, electricity and rental costs-leaving even less money for monthly food purchase, an outpouring of community assistance will follow; and WHEREAS, the Emergency Feeding Program coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger, which will be held at grocery stores throughout King County on Saturday, September 27, 2008; NOW, THEREFORE, we, the undersigned Couflcilmembers of the City of Federal Way, Washington, do hereby proclaim Saturday, September 27, 2008 as "DAY OF CONCERN FOR THE HUNGRY" in the City of Federal Way, and strongly urge our citizens to join the Emergency Feeding Program and our food banks to nourish those who are hungry. 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"- Va ...oCt') 8~ V l-. 8~ B~ C\:l b.() ~ ;:l l-. 0 ~~ ~.~ en en C\:l'~ V 8 C 8 (l) 0 enu .8 ~ 6 v '.0 ..o;;J C\:l ~ . ..... v o l-. o-~ ~~ >>~ ~ ~ l-. v~ ~ ~ ~o... 00 a a 0\1 ~ V ..c 8 B 0- (l) r:J) t.;.... o >> C\:l "0 .,s <.0 ....-( en :B ~ B ~ v en (l) P:: :.... <u ..() ~ ~ ..() ! E '- <u \.) ! ;: ;::t '- \.) d ;: ;::t :....' d I::l E ..:,c' ...s:: ;.. \.) d: ~ ..... {i <u I::l ...s:: .5 .\.) '"4 ~ :.... c :.... 6- <u :.... ..() c ~ E 6- ~ <u ~ ;::t ! & '- ~ \.) <u Q ;: ;.. ;::t Q ;:' d c ..:,c -:::l .....- ..... \.) ti: ~ ~ ,~ ~ ~ ,to ..::; :.... <u ~ ..() .() ~ to ! <u ! '- \.) '- ;: \.) ;::t ;: d ;::t d ~ c.i ~ ~ '- ..() \.) :.... ;::t ;::t Q J:Q '- <u .:; l::: ~ Q I::l ~ COUNCIL MEETING DATE: September 16, 2008 ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the September 2, 2008 Regular and Special Meetings? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: t8J Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~T~F~!tEPg~!J!~~_Not Applicab!!..______._.________._______________~~!!=~o~_1pp!.i:!ab~_______________._._ Attachments: Draft meeting minutes of the September 2, 2008 Regular and Special City Council Meetings. Options Considered: l, Approve the minutes as presented, 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK ApPROVAL: N/A DIRECTOR ApPROVAL: N/A N/A Connnittee Connnittee Council COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 16 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 2, 2008 Special Meeting Minutes 5:00 PM (www.cityoflederalway.com) I. CALL MEETING TO ORDER Mayor Dovey called the special meeting to order at 5:05 PM. Councilmembers Kochmar, Duclos, Burbidge, and Ferrell (arrived at 5:25) present. Deputy Mayor Faison and Councilmember Park were excused. To accommodate the number of candidates the interviews were conducted under two panels as specified below: II. COMMISSION CANDIDATE INTERVIEWS a. Parks & Recreation Commission Interviews: · Panel included Councilmembers Burbidge, Kochmar, Duclos & Parks & Recreation Commission Chair Fred Konkell. · Interviews to fill three regular-status voting vacancIes and at least two alternate vacancies. 5:00 pm Dauna Perry (unable to attend) 5:10 pm Karl "Ingo" Zinner 5:20 pm Jack Sharlock (unable to attend, sent letter of interest) 5:30 pm Scott Chaffee 5:40 pm David Bauch (Dini Duclos recused herself from interviewing this candidate due to their working relationship at the Multi-Service Center) 5:50 pm Martin Moore (unable to attend) 6:00 pm Sheri McConnaughey 6:15 pm Modesto "Mody" Catahan 6:20 pm Julio Diaz 17 Special Council Meeting Minutes September 2, 2008 at 5:00 p.rn. Page 2 of2 b. Arts Commission Interviews . Panel included Mayor Dovey, Councilmember Ferrell & Arts Commission Chair Peggy LaPorte. . Interviews to fill one regular-status voting vacancy and at least two alternate vacanCIes 5:40 pm . 5:50 pm 6:00 pm Maureen Hathaway Linda Pratt David Bauch III. DISCUSSION Appointments to the commISSIOns will be made at the Regular Council Meeting following this meeting. IV. ADJOURN' The meeting adjourned at 6;35 PM. ATTEST: Krystal Roe, Deputy City Clerk Approved by Council: 18 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 2, 2008 Regular Meeting Minutes 7:00 PM (www.cityofJederalway.com) 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:07 PM. Councilmembers Kochmar, Duclos, Burbidge, and Ferrell present. Deputy Mayor Faison and Councilmember Park were excused. 2. PLEDGE OF ALLEGIANCE Dick Mayer, Federal Way Wal-Mart, led the flag salute. 3. PRESENTATIONS · Ceremonial Swearing in of New Officers: Chief Wilson introduced new officers Robert Guillermo, Christopher Mickelsen and Kelly Smith to the Council and audience. Deputy City Clerk Krystal Roe then swore in the officers and offered her congratulations. · Police Department Recognition Awards: Chief Wilson presented awards to the following officers in recognition of outstanding service and accomplishment: · Officer Stacy Eckert - Chiefs Citation given in recognition of her commitment to the community, especially her work last year to raise over $4,500 for the Special Olympics at a one-day event last year. · Officer Grant Bassett - Life Saving Award given in recognition of his efforts to save the life ofa citizen at the Commons Mall on June l8, 2008 using CPR. · Recognition: Federal Way Reign '93 (U-14) National Champions: Mayor Dovey presented the team with individual and group certificates recognizing their accomplishment as national champions. The team received a standing ovation from the audience. · Proclamation: Constitution Week: Councilmember Ferrell read the proclamation into the record. The proclamation was accepted by Peggy Eisenman on behalf of the Lakota Chapter of the Daughters of the American Revolution. Ms. Eisenman thanked the Council for their continued support of recognizing the Constitution Week. · Proclamation: National Preparedness Month - Federal Way Storm Ready: Councilmember Duclos read the proclamation into the record. The proclamation was accepted by Ted Buehner and Tim Colman of the National Weather Service. To date, only three other agencies in King County have been recognized as Storm Ready, including Seattle, Shoreline, Kent and King County. Statewide, 39 agencies have earned this distinction along with l,300 nationally. 19 Special Council Meeting Minutes September 2, 2008 at 7:00 p,m, Page 2 of 5 Mr. Buehner and Mr. Colman applauded the efforts of the City to earn this distinction and presented the Council with signs proclaiming its storm ready status. They also specifically recognized Ray Gross, Emergency Management Coordinator, for his hard work in helping the City meeting storm ready requirements. . City Manager Emerging Issues - Introduction of New Employees: There were no new employees to introduce. . Mr. Beets reminded the Council and audience of a planned public outreach meeting regarding the City Center Access project scheduled for Friday, September 5, 2008 from 10:00 a.m. to noon at the Belmor Mobile Home Park. Residents were encouraged to attend to learn more about this project. 4. CITIZEN COMMENT Betty Taylor: Was pleased to announce the success of her recent campaign to get wire baskets installed on motorized scooters at the Commons. James Pryal: Addressed the Council regarding his concerns over recent tree and vegetation removal from the greenbelt behind his home. Specifically, he noted damage to a Lakehaven utility structure which, in his opinion, may be compromising their system. Councilmember Kochmar stated she'd follow up with Lakehaven regarding his concerns. 5. CONSENT AGENDA a. Minutes: Approval of the August 5, 2008 Regular and Special Meetings - P ASED b. July 2008 Monthly Financial Report - P ASED c. Approval of Vouchers - P ASED d. 2008/2009 Flex Pass for City Hall Employees - P ASED e. Washington Auto Theft Prevention Grant Program - P ASED f. RESOLUTION: Eagle Manor Preliminary Plat Approval - P ASED - Resolution No. 08-533 g. 2008 Asphalt Overlay - Project Acceptance and Retainage Release - P AS ED h. ORDINANCE: South 348th Street at First Avenue South Intersection Improvement Project Condemnation - P ASED - Ordinance No. 08-582 MOTION: Councilmember Kochmar m~ved approval of the Consent Agenda as presented. Councilmember Duclos Second. Motion carried 5 - O. 6. PUBLIC HEARING a. Street Vacation for Portion of South 320th Street Councilmember Kochmar read the rules outlining the public hearing procedures into the record, Mayor Dovey called the Public Hearing to order at 7:45 p.m. John Mulkey, Street Systems Engineer presented his staff report to the Council and noted staff recommendation to approve the street vacation. 20 Special Council Meeting Minutes September 2, 2008 at 7:00 p,m, Page 3 of 5 Mike Bahne with Quadrant gave public testimony supporting the street vacation and noted his project team was present to provide any answers Council may have. Quadrant representatives were asked to describe their project. They replied the development is cottage-style, meaning the homes are relatively small and are on small- sized lots; 2,000 - 4,000 square-foot lots. They also noted the homes are more affordable than traditional developments. MOTION: Councilmember Kochmar moved to approve the request for street vacation and direct the City Attorney to prepare an ordinance vacating a portion of the right of way within South 320th Street and present to Council for first reading upon payment for the land to be vacated with the following conditions: 1. Grant an easement to Olympic Pipeline where their pipeline crosses the area to be vacated. 2. Grant an easement to Tacoma Water where their pipeline crosses the area to be vacated. 3. The street vacation will not be in effect until the overhead utilities have been undergrounded. Motion seconded by Councilmember Burbidge. Motion carried 5 - O. Mayor Dovey closed the public hearing at 7:52 p.m. 7. COUNCIL BUSINESS a. Parks & Recreations Commission Appointments: Candidates were interviewed by Councilmembers Burbidge, Duclos and Kochmar and Parks & Recreation Commission Chair Fred Konkell at a special meeting immediately preceding this regular meeting. MOTION: Councilmember Burbidge moved to appoint the following candidates to the Parks & Recreation Commission. REGULAR TERM ALTERNATE TERM MEMBER EXPIRES MEMBER EXPIRES a, Scott Chaffey 4/30/2009 a, Sheri McConnaughey 4/30/2009 b. Modesto "Mody" Catahan 4/30/2011 b. Karl "Ingo" Zinner 4/30/2011 c. Julio Diaz 4/30/2011 c. Jack Sharlock 4/30/201l d. Martin Moore 4/30/201l Motion seconded by Councilmember Duclos, Motion carried 5 - O. 21 Special Council Meeting Minutes September 2, 2008 at 7 :00 p,m. Page 4 of 5 b. Arts Commission Appointments: Candidates were interviewed by Mayor Dovey and Councilmember Ferrell and Arts Commission Chair Peggy LaPorte at a special meeting immediately preceding this regular meeting. MOTION: Councilmember Ferrell moved to appoint the following candidates to the Arts Commission: REGULAR APPOINTMENTS TERM EXPIRES 12/31/2009 a. ALTERNATE APPOINTMENTS TERM EXPIRES 12/31/201l a. Linda Pratt Maureen Hathaway b. David Bauch 12/31/2011 Motion seconded by Councilmember Kochmar. Motion carried 5 - O. 8. CITY COUNCIL REPORTS Councilmember Duclos had nothing to report Councilmember Ferrell had nothing to report. Councilmember Burbidge reminded citizens of the Parks, Recreation, Human Services & Public Safety Committee Meeting on September 9, 2008 at 5:30 p.m. She also encouraged citizens to attend upcoming theater presentations during the month of September through Centerstage and the Knutzen Family Theater. She announced the upcoming women's triathlon on September 6 and encouraged citizens to get their tickets and reservations made for the Friend's of the Hylebos Ruby Dance and Dinner on September 27. Councilmember Kochmar thanked Betty Taylor for her efforts on behalf of disabled citizens to get the mototized scooters equipped with baskets. She also extended her appreciation to Gary Martindale, General Manager of The Commons for his willingness to listen and for updating to the scooters. She thanked Chief Wilson for his efforts to seek reaccredidation for his department through CALEA. She also thanked Ray Gross and Cary Roe for their efforts in improving emergency preparedness in Federal Way. Mayor Dovey announced a meeting planed at Valley Communications headquarters with Chief Wilson on Friday, September 5. He next spoke about the importance of the September 27 Mayor's Day of Concern for the Hungry. Mayor Dovey will be challenging organizations and churches in Federal Way to make September their priority month for food ,collection and donations. He noted many groups have more clothes than food in their banks and the need for donations is critical. Therefore, he's challenging volunteers to turn out to grocery stores and bring in record donations. He thanked the many volunteers 'and grocery stores who have already begun their efforts to collect food 22 Special Council Meeting Minutes September 2, 2008. at 7:00 p,m, Page 50f5 for the food banks. He also extended his appreciation to Peggy LaPorte and Fred Konkell for their participation in the commission interviews. 9. CITY MANAGER REPORT Mr. Beets was asked to provide an update on the red light camera pilot program. Mr. Beets replied cameras have been installed to record drivers who run red lights at two of the busiest intersections in the City. The program is a one-year pilot program. At the conclusion of the pilot program staff will share accident data comparing the intersections before and after implementing the program. The goal of the program is to reduce accidents and increase intersection safety. Mr. Beets stated the program's goal is not to create revenue; the City has not included projected citation revenue into the budget. The program will begin with a warning phase for the first month. During September, drivers who enter the intersections on a red signal (not on a yellow) will receive a warning by mail. After the first month, when the system has been proven to operate as designed, drivers will begin receiving citations by mail. The current target date for the citation phase is October. Citations will only be issued to drivers entering intersections on a red signal. Drivers will not receive a citation if they enter the intersection on a yellow signal. Mr. Beets stated a press release will be issued in advance of the program's switch from the current warning phase to the citation phase. When drivers receive their citation, they will have an opportunity to review a 12-second video of their infraction. Councilmember Ferrell questioned when signs would be installed at the intersections. Mr. Beets answered, and Chief Wilson concurred, signs have already been installed, but only at the affected intersections. The City does not currently plan to install signs at all intersections. Councilmember Ferrell expressed concern the signs may not be visible or obvious to drivers. Chief Wilson committed to a field visit to ensure the signs have been installed and their visibility is sufficient. 10. ADJOURNMENT The meeting was adjourned at 8:17 p.m. ATTEST: Krystal Roe, Deputy City Clerk Approved by Council: k:lclerk\minutes\2oo8 minutcs\09022008 regular meeting. doc 23 IT~~#: S-"b. COUNCIL MEETING DATE: September l6, 2008 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Low Impact Development Grant Update POLICY QUESTION: Does Council approve staff's recommendations on the Puget Sound Partnership (PSP) grant for the integration of Low Impact Development (LID) into City regulations and direct staff to move forward with development of incentives and criteria of LID use. COMMITTEE: LAND USE AND TRANSPORTATION MEETING DATE: 09-08-08 CATEGORY: (8] Consent D Ordinance 0 Public Hearing o City Council Business 0 Resolution D Other STAFF REpORT By: Ken Miller, P.E., Deputy Director Public Works \?t-^> DEPT: Public Works Dept. Don Robinett, ESA & NPDES Coordinator y'iC. Attachments: Land Use and Transportation Memo and attachments dated September 8, 2008 Options Considered: 1. Approve staff's recommendations on the PSP grant for the integration of Low Impact Development (LID) into City regulations and direct staff to move forward with development of incentives and criteria of LID use. 2. Do not approve staff's recommendations on the PSP grant for the integration of LID and provide direction to staff. STAFF RECOMMENDATION: mends Option 1 M, DIRECTOR APPROVAL: Council th-w\ Committee . ~ Council CITY MANAGER APPROVAL. COMMITTEE RECOMMENDATION: LUTC recommends forwarding Option 1 to the September l6, 2008 Council Consent Agenda for approval. ~. . .~ ~t>-<-G Chair ilL: iLL-- Member .." [;X&1setL~ Member PROPOSED COUNCIL MOTION: HI move approval of staff's recommendations on the PSP grant for the integration of Low Impact Development (LID) into City regulations and direct staff to move forward with development of incentives and criteria of LID use. " COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 0210612006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # 24 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: September 8, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manage~ Ken Miller, P.E., Deputy Public Works Director ~ Don Robinett, CPESC, ESA & NPDES Coordinatot)'e. Low Impact Development Grant Update BACKGROUND: The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by the Department of Ecology (DOE) on January 17, 2007and went into effect on February 15, 2007. One of the many requirements identified in the permit is to modify or update the City's codes and ordinances to: ".. . allow non-structural preventative actions and source reduction approaches such as Low Impact Development Techniques (LID), measures to minimize the creation of impervious surfaces and measures to minimize the disturbance of native soils and vegetation." (NPDES Phase II Permit - S5.C4.a.iv.) In December of 2007 the City of Federal Way was awarded a technical assistance grant from the Puget Sound Partnership (PSP) for the integration of LID into local regulations. Since February of 2008 an interdepartmental task force (the LID Team), composed of staff representing Public Works, Community Development, South King Fire & Rescue and the City Manager's Office has been working with P,SP and the consultant AHBL on how LID could be integrated into City codes. The goal of the LID integration process is to recommend modifications to the City's development regulations to give developers the option to use LID techniques in new or redevelopment projects. Use of these LID techniques would be optional and not required. The City of Federal Way is one of 13 jurisdictions awarded this grant in 2008. Similar grants have been awarded to 19 other Puget Sound jurisdictions in previous years. Nine of those 19 jurisdictions have already adopted some or all of the LID integration recommendations developed under the grant. Technical Review and LID Grant Process to Date · LID Team members reviewed the former Puget Sound Action Team's (now PSP's) 2005 LID Technical Guidance Manual to determine if there were any LID techniques that should not be permitted in the City due to conflicts with existing regulations. While no LID techniques were eliminated as options, limitations and constraints for specific techniques were identified. · AHBL and the LID Team reviewed and identified existing code sections, which may provide conflicts for the potential LID integration. · A list of possible incentives for LID projects was reviewed by the LID Team. Based on the comments of the LID Team, an abridged list of proposed incentives was created (see Attachment A). o Surface Water Management, Streets, Development Services and LID Team members met and identified limitations for specific LID techniques for use in public ROW (see Attachment B). · The LID Team and AHBL met to review rough drafts of proposed revisions and additions to City regulations, Proposed code changes included changes to off-street parking regulations and the addition of a Planned LID Project code section. 25 September 8, 2008 Land Use and Transportation Committee LID Grant Update Page 2 The result of the LID Grant efforts will be a set of recommendations, including code revisions, on how to integrate LID into the City's existing regulations. These recommendations are expected to be delivered by the consultant to the City in December of2008/January of2009. Staffwill then review these final recommendations and return to Council in early 2009 with the proposed recommendations and code revisions. ACTION ITEMS Prior to proceeding with drafting proposed code changes, staff is seeking Council's input and direction on the continuing LID Grant process, specifically in regards to the LID Team's conclusions/ recommendations on the following issues: 1. Planned LID Project Code Addition - Creation of a new code section which would establish clear criteria which development projects must meet to receive a special package of incentives. Examples of criteria which could be used to meet the "Planned LID Project" defmition include: · Minimum percentage (e.g. lO to 35%) of land set aside as.native/natural vegetation areas · Maximum percentage (e.g. l5 to 70%) of impervious surfaces · Minimum percentage (e.g. 40 to 80%) of stormwater volume reduction 2. LID Incentives - Attachment A provides a list of recommended incentives that could be used to encourage the use of LID and/or applied as a package of incentives for developments that meet the criteria of a Planned LID Project. 3. Limitations of LID in Public ROW - Attachment B identifies the Public Works Department's proposal to limit the use of specific LID techniques within public right of way. 4. Off-Street Parking Code Amendments - The City's existing code (FWCC 22-596 through 22- 875) establishes the minimum number of parking spaces by zoning and proposed land use. AHBL recommends setting off-street parking (parking lots) maximums (maximum number of stalls) in an effort to reduce the amount of impervious surfaces on new construction. In an effort to accomplish this goal, while still allowing for additional parking, the LID Team proposes to require developments to mitigate all parking stalls above the established minimum with UD techniques (i.e. pervious paving, rain gardens, etc.). cc: Project File Day File 26 ATTACHMENT A Proposed LID Incentives Recommended Incentives: Public Recognition · Publicly recognize LID projects on the City's web site, in press releases, at Council meetings and in City newsletters. · This incentive would highlight the great LID development projects going on throughout Federal Way and help raise public awareness about LID. Issnes . Impacts on staff time Flexibility in Bnilding Dimensional & Height Restrictions · Allows greater building heights and floor area ratios as well as reduced setbacks. · Provides flexibility in overall site design. · Can result in a reduction in building footprint and impervious surfaces. Issues . Consistency/compatibility with existing development and urban design goals. May not be applicable to single family construction due to view concerns. . Adjustments to the Required Parking · Reducing parking is both an incentive and a LID technique for reducing impervious surfaces. It encourages LID projects by reducing development costs and increasing buildable area. It can also result in less impervious surfaces and increased aesthetic values through landscaping and retention of native vegetation, · Allow for reduced parking requirements below the established minimums (FWCC 22-596 through 22-875). For example a 10% reduction in parking requirements could be given to Planned LID Projects. Reduction of Road and Sidewalk Widths · This is both a LID technique and an incentive (reduced paving costs). · Staff will need to develop clear criteria for when it will be allowed. Issues · Emergency vehicle access - South King Fire and Rescue require a minimum 20 foot wide travel surface to accommodate its emergency equipment and outriggers. · Consistency with surrounding uses - Staff would need to evaluate neighboring road and sidewalk widths to determine feasibility otherwise sidewalk width could change from between eight and six foot width on the same street. · On-street parking - Reduction of road widths would likely result in a reduction of on- street parking. Surface Water Utility Fee and Development Review · Current fee structure provides a flat rate for residential. Commercial rates are based on the percentage of impervious surfaces. · Fees for commercial development will reduce under the existing rate stmcture based on the amount of impervious surfaces. 27 · Allow developers to reduce the amount of conventional stormwater management when they implement LID or LID techniques, Example, if roof runoff is re-used onsite, or infiltrated on-site, the development can remove the roof square footage in the calculations for determining detentio~ pond size. Expedited Review · LID project applications would be reviewed on a priority basis ahead of non-LID development applications which have been submitted prior to the LID project. · One alternative would be to move LID projects to the top of the queue of the development projects waiting to be reviewed during their fIrst round of submittal reviews, instead of each time revisions are submitted. Issues · Review of non-LID projects would be delayed, with little to no notice to applicants. Limited Intrusion into Critical Areas Buffers with LID · Critical area code would be amended to allow for limited intrusion into critical area buffers with specific LID techniques such as rain gardens and bioretention areas. · Clear criteria would be established for the following: a) the extent of intrusion allowed, b) the types of LID permitted in buffers, and c) protection of the function and value of the buffer. Issues · Preservation of critical area and buffer habitat values and function. Limited Intrusion into Open Space · Open space code would be amended to allow for limited intrusion into open space areas with specifIc LID techniques such as rain gardens and bioretention areas. · Clear criteria wo'Uld be established for the following: a) the extent of intrusion allowed, b) the types of LID permitted in buffers, and c) protection of the function and value of the open space. Issues . Preservation of open space values and function. Flexibility of Landscape Requirements · Landscape code would be amended to allow for greater flexibility in the landscape requirements for LID projects. · Code changes would reduce requirements or provide greater flexibility from the existing landscaping requirements in exchange for certain LID techniques, such as rain gardens and bioretention areas. · Clear criteria would need to be established. Issues . Decreases formalized landscaping. Potential incentives that have been eliminated include: · property tax reductions, · increased densities, and · reduced application fees. 28 ATTACHMENT B Proposed Limitations to LID Use in Public ROW 1. Pervious Paving a) Not permitted in the travel lanes b) Allowed for sidewalks, separated bike lanes and trails Issues 1. Staff resource impacts l. Staff would need to be trained on how to identify, inspect, maintain, repair/replace pervious asphalt and concrete. 2. Pervious paving materials are currently not as readily available as standard concrete or asphalt, so additional time would be incurred in attaining these materials. n. Costs of repair and replacement l. Currently costs for repair and maintenance of pervious paving are much higher than standard paving. 111. Spill containment and clean up costs, as well as impacts to traffic during clean ups: 1. Spill clean up would likely require removal of pervious paving materials and the contaminated sub-grade and soils if travel lanes were paved with pervious materials. This could result in: a. increased clean up costs in terms oftime involved and materials used; and b. increased traffic impacts as the road section would be out of service longer. 2. Containment of spills may be more difficult depending on subsurface flow of contaminants, however this situation is unlikely. Note: These projected cost increases are based on comparison to typical spills that would be contained within the City's stormwater systems (i.e. pipes, catch basins, manholes, etc.). When compared to situations where a spill makes its way into a stream, wetland or other natural waterways, the cost of clean up on pervious paved areas may be less expensive. iv. Potential confusion over mixed use of impervious and pervious paving by maintenance staff and utility operators (i.e. Lakehaven Utility District, cable television, etc). v. Impacts to franchise agreements/utilities l. Lakehaven Utility District, cable television companies and other utilities performing work in the right-of-way would incur increased cost and time impacts when working in pervious paved areas. 29 2. Tree Wells, Rain Gardens and Bioretention Areas a) Allowed on a limited basis in the public right-of-way, depending on site conditions and criteria created by staff b) Staff will need to develop clear criteria for when it will be allowed in the right-of-way Issues 1. Staff resource impacts l. Maintenance staff would require training on the inspection, maintenance and repair and placement of these best management practices (BMP). 2. Maintenance of this BMP would likely be more time intensive than maintenance of standard structures. ii. Costs - It is unclear whether installation, maintenance and repair of these LID techniques would be more or less cost effective over time when compared to conventional BMPs (i.e. manholes, catch basins, pipes, ponds, water quality treatment facilities, etc.). 3. Reduction of Road and Sidewalk Widths (same comments and issues as Attachment A) a) This is both a LID technique and an incentive (reduced paving costs). b) Staffwill need to develop clear criteria for when it will be allowed. Issues 1. lll. Emergency vehicle access - South King Fire and Rescue require a minimum 20 foot wide travel surface to accommodate its emergency equipment and outriggers. ii. Consistency with surrounding uses - Staff would need to evaluate neighboring road and sidewalk widths to determine feasibility, otherwise sidewalk widths could change from between eight and six foot width on the same street. On-street parking - Reduction of road widths would likely result in a reduction of on- street parking. 30 CO~CIL MEETm:G DATE: September 16, _~008 ITEM #: 5. c, . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Le Residential Demolition - Final Acceptance and Retention Release POLICY QUESTION: Should the Council accept the Le Residential Demolition at 3282l 42nd Avenue SW performed by Hoffman Construction Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 8, 2008 CATEGORY: [ZI Consent o City Council Business D Ordinance D Resolution o Public Hearing o Other DEPT: Community Development Services STAFF REpORT By: ~. Lee Bailey, Building Official Attachments: August ll, 2008, memorandum to the Land Use and Transportation Committee. Options Considered: 1. Authorize the final acceptance of the Le Residential Demolition at 3282l 42nd Avenue SW in the amount $32,5l2.48 as complete and release of the retention. 2. Do not authorize the fmal acceptance oft1re Le Residential Demolition at 3282l 42nd Avenue SW in the amount $32,512.48 as complete and provide direction to staff. STAFF RECOMMENDA nON: Staff recommends forwarding Option 1 above to the September l6, 2008, City Council Consent Agenda for approval. DIRECTOR ApPROVAL: 6:tf Conumttee &ft1C- Council CITY MANAGER ApPROVAL: ~ Committee'- COMMITTEE RECOMMENDATION: Forward staff recommendation of Option 1 to the September l6, 2008, City Council Consent Agenda for approval. g;;~~~ . Linda Kochm , Chair -exeU4d Jim Ferrell, Member ~u Dini Duclos, Member PROPOSED COUNCIL MOTION: "[ move final acceptance of the Le Residential Demolition at 32821 42"d Avenue SW in the amount $32,512.48 as complete and the release of the retention." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 0210612006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # K:\CD Building\Building Official\Unfit Structures\Le Residential\Le demo retention cc agenda bill.doc 31 ~ Federal Way MEMORANDUM DATE: To: Via: FROM: SUBJECT: August 11, 2008 Land Use and Transportation Committee Cary Roe, Assistant City Man~e~ R. Lee Bailey, Building Official Le Residential Demolition - Final Acceptance and Retention Release BACKGROUND Prior to release of retention on a Community Development Services unfit structure demolition project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The Le Residential Demolition project (32821 42nd Avenue SW) with Hoffman Construction Inc. (contract #AG08-058) is complete. The final demolition contract amount is $32,512.48. This is the final amount for the Hoffman contract approved by the City Council on April 16, 2008. c: Project File 32 ITEM #:~. COUNCIL MEETING DATE: September 16,2008 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2008-2009 Commute Trip Reduction (CTR) Program Implementation Agreement with King County POLICY QUESTION: Should the City Council authorize staff to enter into an agreement with King County for 2008-2009 CTR program implementation? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Sept. 8,2008 CATEGORY: r8l Consent 0 Ordinance o City Council Business 0 Resolution STAFF REpORT By: Sarady Long, Traffic Engineer "1l./" Rick Perez, P.E., City Traffic Engineer ~ Attachments: 1. Memorandum to LUTC dated September 8,2008 (with Exhibits). Options Considered: l. Authorize staff to enter into an agreement with King County for 2008-2009 CTR program implementation. 2. Do not authorize staff to enter into an agreement with King County for 2008-2009 CTR program implementation and provide direction to staff. o Public Hearing o Other DEPT: Public Works STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: ~ DIRECTOR APPROVAL: Council ' ~ Committee COMMITTEE RECOMMENDATION: Forward the staff recommendation to the September 16,2008 City Council Consent Agenda for approval. ,~ e;(. c__fA,sed --.J Jim Ferrell, Member ~~ , nini Duclos, Member _... PROPOSED COUNCIL MOTION: "Authorize staff to enter into the 2008-2009 Commute Trip Reduction Program Implementation Agreement with King County. " COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READiNG (ordinances anly) REVISED - 02106/2006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # 33 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: September 8, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operating Officer, Emergency Manager ~ Rick Perez, P.E., City Traffic Engineer Iff Sarady Long, Senior Transportation Planning Engineer ~ 2008-2009 Commute Trip Reduction (CTR) Act Implementation Agreement with King County BACKGROUND: The Washington State's Commute Trip Reduction (CTR) Law requires all major employers, both public and private, who employ one hundred (100) or more full-time employees, scheduled to arrive at a single worksite between 6:00 am to 9:00 am, to develop plans and programs to reduce Single Occupant Vehicle (SOV) and Vehicle Miles Traveled (VMT) commuting trips. Currently, there are l2 major employers in Federal Way that are affected by the CTR Law. In order to comply with the State CTR Law and to ensure consistency and fairness in its administration, the City entered into a Professional Services Agreement with King County. The purpose of the agreement is to delegate implementation of the CTR Act as required by State law and local CTR Ordinances to King County. The work to be performed under this agreement is described in the attached Exhibit A, Commute Trip Reduction Services Contract Scope of Work Period July 1, 2008 through June 30, 2009. Over the last ten (10) years the City has been contracting with King County for the CTR support services to implement the program. Staff believes this is a cost-effective relationship, as most cities have a full- time CTR coordinator. The 2008-2009 Professional Service Agreement will be fully funded by the State CTR grant. Based on the current 12 affected worksites, the City of Federal Way will receive approximately $28,226. The State CTR grant would be sufficient to fund the 2008-2009 Agreement with King Metro, which is at $24,548. Please see attached Exhibit B for assumptions of State grant and expenditures. Attachments: Exhibit A Exhibit B K:\LUTC\2008\09-08-08 2008-2009 KC CTR Contract LUTC memo.doc 34 City of Federal Way - Exhibit A Commute Trip Reduction Services Contract Scope of Work Period: July 1, 2008, through June 30, 2009 L Rea "ired Activities A) Notification of new worksites: 1. Identify contact for potential sites 2. Send notification inquiry 3. Follow up with site 4. Confirm status (send second letter) 5. Secure State code 6. Create timeline and legal file 7. Conduct Baseline CTR surveys and Initial Employer Program Report B) Administration of CTR Surveys: 1. Prepare and send survey notifications and an enhanced survey response form (SRF) to each site 2. Schedule and hold survey briefings 3. Follow up with phone calls and emails for sites with late SRFs 4. Review and grant extensions 5. Set up and assist sites in the online survey system 6. Mail surveys to, and assist sites with paper surveys 7. Track survey completion and processing 8. Send survey results to employer 9. Make recommendations for programs based on review of work site policies and review of survey, site and zip code data C) Employer Report (Initial Report Only): 1. Send report reminder letters for initial report 2. Monitor program report receipt 3. Follow up with sites with late program reports via phone or email 4. Review and grant extensions 5. Provide ongoing assistance to ETCs with the online report system 6. Review all program reports for completeness and potential for trip reduction · Guaranteed Ride Home · Parking Management · Incentives/Subsidies or Pre-Tax benefit · Program Summary for employees 7. Recommend action to jurisdiction 8, Generate approval letter for City signature 9. Complete report entry and approve in the online system 35 D) Communicate Changes in Law and Ordinance to All Employers: ' . 1. Update all written communication pieces with respect to changes in CTR Law and Ordinance, including: New site notification letters and forms, Next Step letters that accompany survey results, Survey Interpretation Guide, Report Reminder letters, all ETC training materials and descriptions of reduction goals. 2. Create and send site-specific letters to ETCs describing changes to the Ordinance, the new employer requirements, reduction goals and timing of surveying and reporting. Require ETCs to confirm receipt of updated information. 3. Update Commute Solutions website with new ordinances'and descriptions E) Review of Exemptions: 1. Inform ETCs about process and criteria 2. Receive requests and copy to City 3. Copy request to State for comment 4. Review and analyze request and provide comments to City 5. Contact employer as needed, generate and send response per City F) Record Maintenance: 1. Maintain database on all affected sites 2. Maintain database on all ETCs 3. Maintain master file records on all affected sites 4. On a quarterly basis, provide WSDOT with hard copy of each employer program report approved within the quarter 5. Provide WSDOT with an electronic copy of the CTR database ofthe City's CTR- affected employers, quarterly or as required by WSDOT 6. Provide quarterly report information for jurisdiction to conduct State funds billing 7. Retool CTR database to reflect new ordinance requirements G) Compliance: 1. Non-compliance issues a. Review legal guidelines b. Document infractions (emails sent, legal files, phone calls) and assemble information for review c. Determine next steps with jurisdiction d. Provide legal files for jurisdiction to review e. Consult with jurisdiction f. Prepare and send correspondence to site 36 IL Emolover Service Activities A) Employer Training: 1. Outreach activities with new site(s) and/or ETC a Schedule and meet with ETC; discuss the requirements of the law, survey requirement, program development, training and networking opportunities b. Assist with setting up baseline survey (new site only) c. Complete analysis for survey results d. Assist with program element implementation (when necessary) 2. Schedule, promote, register and conduct ETC Basic Training 'a. ETCs attendance at Part I of Basic Training (ETC Orientation) b. ETCs attendance at Part 2 of Basic Training (program Development) c. ETCs attendance at survey briefings B) Incentives: Purchase incentives for worksites as directed by the City C) Employer Outreach, Promotion and Marketing: 1. Analyze survey results and employer reports to determine areas and sites with potential for trip reduction and develop recommendations for jurisdiction of target sites for enhanced outreach to achieve trip reduction. 2. Meet with ETCslPMs to discuss program and product opportunities on an ongoing basis (may include leveraging financial support, meeting with management, conducting a cost analysis of parking vs. subsidies) 3. Assist sites in developing site-specific Program Summary Brochure 4. Conduct employer commute and relocation events a. Conduct origin and destination analysis based on CTR survey data and provide solution/recommendations b. Conduct route planning and/or van and carpool formations 5. Schedule, promote, engage speakers and facilitate Employer Network group meetings 6. Send traffic alert reports via email to all ETCs 7. Send other transportation related news/announcements via email to all ETCs 8. Mail transportation related packets to all sites 9. Coordinate, promote and mail Wheel Options/Bike to Work Day packets to sites 10. Coordinate City-specific promotion (as applicable) 37 CITY OF FEDERAL WAY Exhibit B Commute Trip Reduction Services Period: July 1, 2008 through June 30, 2009 FUNDING State CTR Funds TOTAL FUNDS AVAaABLE $ 28,226.00 NUMBER OF SITES 12 CTRSERVICESCONTRACT Reauired Activities A. Notification of new worksites $ 408 B. Administration of CTR Surveys $ 3,570 C. Employer Report $ 408 D. Communication of Law and Ordinance Changes $ 3,606 E. Review of Exemptions $ 306 F. Records Maintenance $ 4,284 G. Compliance $ 408 Total Required Activities $ 12,990 Emplover Service A. Employer Training $ 1,062 B. Incentives $ 1,000 C. Employer Outreach, Promotions, and Marketing $ 9,496 Total Employer Service $ 11,558 CONTRACT TOTAL $ 24,548 38 ~~~~!~_~~~!!~~__I?~!~3___Septem!>er .16,_~~~~___ ITEM #: '5 .e. . .....--.-.---.------..---------..--.----.-.-.------.--.-.-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NAME FOR SW 363RD OPEN SPACE POLICY QUESTION: DOES THE CITY COUNCIL WISH TO NAME THE SW 363RD OPEN SPACE AFTER ALMA BENNETT? COMMITTEE: PRHSPS MEETING DATE: Sept. 9,2008 CATEGORY: x Consent o City Council Business Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: STEVE IKERD DEPT: PRCS .-------..---.----.-...--.-..-.---.---.-.----.-------.---------------.....----.--.-----.--.------.------.---.--.---.-.------ Attachments: Thursday August 7,2008 Parks Commission Minutes, site map, and Resolution 9l-57 Creating a policy and procedure for naming City parks and facilities Background: H, David Kaplan requested that the Parks Commission consider naming the SW 363rd Open Space after Alma Bennett, Mr. Kaplan stated that Ms. Bennett was instrumental in the acquisition of the property. Parks Commission requested a mail survey of neighbors of the area which resulted in 8 neighbors agreeing with the name and one disagreed with naming the open space. The Bennett family agreed with the name and the Parks Commission approved naming the open space after Alma Bennett at their regular meeting on August 7, 2008 and referred it on to Council Committee. The effective date should occur after March 19,2009 according the one year time frame per Resolution 9l-57. I Options Considered: Name SW 363rd Open Space after Alma Bennett. 1. Do not name the Open Space. ------------_._._._-----~._._-_._-----------_._---------- STAFF RECOMMENDATION: Refer to Commission Recommendation i5~ < DIRECTOR ApPROVAL: ttilee COlUlcil CITY MANAGER ApPROVAL:-' ~ Connnittee COMMITTEE RECOMMENDATION: PRHSPS Co Committee Chair Committee Member ROPOSED COUNCIL MOTION: "I mo approval of naming the SW 363rd Open Space after Alma Bennett effective March 20, 2009, and forward to Full Council for approval on September 16, 2008", (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDfDEFERREDfNO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # 39 CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES Thursday, August 7, 2008 6:00 ~m. Hylebos Conference Room Ci Hall MINUTES Chair Konkel! called the meeting to order at 6:00 p,m. Present: Chair Fred Konkel!, Vice-Chair Marie Sciacqua, Cindy Dodge, Chris Hash and George Pfeiffer. Excused: Brian Ailinger. Staff: City Manager Neal Beets, PRCS Director Donna Hanson, Parks and Facilities Manager Steve Ikerd and Administrative Assistant Peggy Wright. Guests: H. David Kaplan, Pfeiffer moved: Sciacqua seconded motion to approve the June Parks and Recreation Commission meeting minutes as written, Motion passed unanimously. PUBLIC FORUM H. David Kaplan - inquired why the 363rd Open Space item on agenda was a discussion not action item per the result of the public survey, He reported that the Council Committee meeting listed on the agenda for August 12th had been cancelled per Councilmember Burbidge announcement. COMMISSION BUSINESS Prot>osal of Festival Management - City Manager Beets distributed a proposal concept, subject to revlSlOn, to commissioners for input. He said the concept is to create a private, non-profit entity to manage, help fund and operate festivals in the City of Federal Way. City Council requested City Manager Beets investigate this process per their 2007 goal-setting retreat. The four major community festivals are Festival Days, Red, White and Blues, Han Woo-Ri and Buds and Blooms, A proposed Oversight Board would not deal with fundraising events sponsored by individual community groups, such as the Kiwanis Salmon Bake, TriatWon, Friends of the Hylebos Ruby Dance, Rotary or Symphony Auctions, etc. in the beginning. That could change in the future, but initially the Festival Management Oversight Board would address the four major community festivals, The board would consist of representatives from several organizations and communities - schools, non-profits, arts communities, media, service clubs, ethnic communities, faith communities, etc, One thought is this would also streamline contnbution requests to major donors and sponsors, City Manager Beets feels if the City is to have more vibrant, energetic festivals in the future, the City itself needs to contribute more in staff and monies, which would require City Council approval and budgeting, Discussion followed on staff needs, would "management" staff be full-time or part-time positions, is there consideration to using an agency like the Workshop (they do TriatWon), there is a struggle to acquire and maintain volunteers, possibly a "decision tree" group that makes final decisions rather than 20+ board members - the more levels there are, the more difficult it is to form a consensus. SW 363rd Open Space - Ikerd reported on the results of the letter mailed to neighborhood residents for their input on naming the open space after longtime resident Alma Bennett, Twenty-four letters were mailed with 9 responses returned _ 8 agreed and I disagreed with naming the space. Discussion followed by commissioners on the process to proceed, Commissioner Hash moved, Sciacqua seconded a motion to go forward with naming the property the "Alma Bennett Open Space" after March 19, 2009, which is the one-year required time frame per City .mlin~Ree. Pfeiffer voiced his opposition to the principle of naming an open space, Pfeiffer and Konkell abstained from the vote, Motion passed with majority approval. CIP Recommendations - Director Hanson presented the elP Plan recommendations as listed alphabetic:llly by line item, not in order of priority. Hanson said the cost of replacing a playground, to include installation, is ranging upwards to $140,000 per park. On the last commission tour of parks, it was deteffilined that several parks would need playground replacements in the next three to five years, Current and proposed budget funding can replace one playground per year. Pfeiffer asked about Lakota and Sacajawea upgrades to fields :lnd track. Hanson reported on all project timeliues for 2009 and 2010, 40 RESOLUTION NO, 91-~1 COpy A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDER~L WAY, WASHINGTON, RELATING TO PARKS AND PUBLIC FACILITIES, CREATING A POLICY AND PROCEDURE FOR HAllINGjRENA!1ING CITY PARKS AND ~.::CrrTTT~S . WHEREAS, the City council may have occasions to na~e or rename city parks and other city facilities; and h'HEREAS, it is appropr icte to es\:abl ish cr iter ia and procedures for the official naming/renaming of city parks and other facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY 0= FEr;ER..~L K.X>.Y, h'ASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A. The naming/renaming of city Parks and other city facilities shall only be in accordance with the procedures and criteria set forth below. Once adopted, name changes should only occur on an exceptional basis. B. The following criteria shall be considered: 1. Neighborhood or geographical identification; 2. Natural or geological features; 3. Historical or cultural significance; 4. The individual or entity who has donated substantial monies or land or has been otherwise instrumental in the acquisition of the property. 5. The articulated preference of residents of the neighborhood surrounding the public facility, 41 6. Facilities shall not be named for living persons; however, exceptions may be considered when a significant contribution of land or money is made and the donor stipulates naming the facility as a condi~ic~ of ~he ~c~atic~ cr when an unusually outstanding public service would so justify. C. The following procedures shall be followed for naming/renaming of City parks and other City facilities: 1. The city shall solicit suggestions for names from organizations and individuals. All suggestions, whether solicited or independently offered, shall be acknowledged and recorded by the City. 2. The city Council, following review and recommendations and public meetings by the City Council and/or its designee, shall determine the name for City parks and other City facilities. 3. There shall be a lapse of at least twelve (12) months between the date of the death of the person(s} or of the event commemorated and the issuance of the final Committee recommendation of the proposed park name. 42 3N J.S HJ.6~ Z Q d: '1J m ~ ~L I - ~-----I (N3dO LON) i I U! J9~ i <n r I_~ L___J I I J I r----~---I I~'----l r--U] i-------..--. --- -Til'-~II' , i! Ii ,I! :! , r~----, --1 i [-..~ i I: ~-------+---! I i I f------L~ I II I I ~-----i I" I , I " I Ii: I I I r-u -l 1----1 I i f---L-- -~ I----J [ I I I I I I ~ I r-1 I-I 11-1 I l~=:j ~--~ I L__; " III ~rlSI"-r ]~ t-L- )-~!L J___ CT--J~ I -- .LON __ I IS HI09€ MS - - - -~---- -~ ! r=J- ~ ~~ n !- ~l l- ___ ~ I ~nl I ! I i I I' I:: I : I i- -I' ' I r---- ---i '1---- -I; , i i I i I J' I ! ~-- _--1 I ~- ,-+--~ ~ ' i--i I I i I I I ! i ii' -- I Lul_~ [-+--] ~ LJ ---j I ,I " I! r .:fJ~ ~" d>~ Ci ,,." ~1- ....v 00 o4r~\fa3:l z o " ... :r ~ o c ?:; z m 0> ... ... :r ?:; .z m ... ... ... :r ?:; z m ~1- ....4'+ "''''c'' ~4- "1. " ",,- '~ ----j , 1, ,)v/' . ""';/ ,,,{ ~/' \ /' \ I ..,; \,/ >< \ ! \ ! ~ ,L- _H_;/ '" \\, / i---"'-r---'~\ -f /// " / -"-,"- '~)I, I ! I ~ I---t",,,-, y- --~s "I.L~L---Jj ~ ------l,,_ /y ~ ." _--aMS~ _______ ~" I / '-i--~- I, I ! '. )-, ,/ ;,' I ' COUNCIL MEETING DATE: September l6, 2008 ITEM #: '5.c . ...... .............m...._...m._.._....m....~.._..........._...... ......_.._..........._~..-lm~_!..~.._..._..__.._...m_.... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CELEBRATION PARK MAINTENANCE BUILDING POLICY QUESTION: Should the City authorize a contract to supply the building materials, including, concrete slab and insulation, andfinal installation of the maintenance building at Celebration Park? COMMITTEE: PRHSPS MEETING DATE: Sept 9,2008 CATEGORY: r8J Consent D City Council Business o Ordinance o Resolution o o Public Hearing Other .~!~'!!':.~_.._~~!.~~-=.~!~P-~~!!..~~!.~!-~~!.!c.~_~!':~~~y!i~~.~~~!3:g<?!....._..mm.m......_...~~.~!..:..~_~~~._____..__._._.__. History: Staff bid the supply and installation of a metal building on Nov 8t\ Nov 30th and Dec 7th using the Small Works Roster and advertising. These efforts did not result in any bids staff would recommend to Council. Staff then re-bid the supply and installation separately. Council approved the bid on March 20th. When staff placed the order, the supplier informed us that they made a mistake and could not supply the building as specified. Since this effort was not successful the decision was made to bid the supply and installation, as well as the concrete slab in order to make the project large enough to attract new bidders. We received 3 bids; however the lowest bid was unresponsive because it was for installation only. The next lowest responsive bid was from CHG Building Systems, Inc for $146,200, Staff.has met with CHG and determined that they are qualified and able to provide the building and installation. Bids: South N' Erectors $ 19,680 Installation Only Approved Budget: $200,000 $146,000 CHG Bid $ 8,478 added insulation $ 13,920 tax $168,598 total contract $ 16,859 10% contingency CHG TL Erickson Const. $146,200 $336,948 STAFF RECOMMENDATION: Staff recommends Council accept the bid from CHG Building Systems, Inc for $168,598.30 and authorize the Assistant City Manager to execute a contract for the installation of a pre- engineered metal building in Celebration Park. CITY MANAGER ApPROVAL: f/2M1 to eommittee DIRECTOR ApPROVAL: f) Ii to eommittee To eouncil maintenance building in Celebration Park to ~ ... Committee Member ROPOSED COUNCIL MOTION: "[ mov roval to authorize a contract with CHG Building Systems,Inc for $168,598.30 for the installation of a pre-engineered metal building in Celebration Park" (BELOW TO BE COMPLETED BY CiTY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDfDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 44 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: September 16, 2008 ITEM#:.hfl~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: South King Fire & Rescue's Proposed Boundary Line Adjustment POLICY QUESTION: SHOULD THE CITY COUNCIL AGREE TO SOUTH KING FIRE & RESCUE'S PROPOSED BOUNDARY LINE ADJUSTMENT ON THE BROOKLAKE COMMUNITY CENTER PROPERTY WHERE THE CITY OWNS A FUTURE INTEREST IN THE PROPERTY? COMMITTEE: PRHS&PD MEETING DATE: 9/9/08 CATEGORY: X Consent Ordinance D Public Hearing o City Council Business D Resolution D Other STAFF RE!,OR1:l!~ P AT ~C~~ON, CITY ATTORN~___..________~~PT: La~____.______________ South King Fire & Rescue notified the City it was seeking a boundary line adjustment on the east and north sides of the parcel it owns on S. 356th Street next to the Bluebeny Farm and Brooklake Community Center. Attachments: Staff report; April 23, 2008 from Deputy Chief Michael Knorr inquiring about the boundary line adjustment; and a map of the proposed adjustment. . Options Considered: 1. Do not oppose South King Fire & Rescue's proposed boundary line adjustment for the parcel on S. 356th Street; 2, Oppose South King Fire & Rescue's proposed boundary line adjustment for the parcel on S, 356th Street. --------..--.---------------.------..__..__.___..._..__.______.._.._..._......_..._m...____m.__.__......._._....__......_____...______.._..___.. STAFF RECOMMENDA nON: n/a CITY MANAGER APPROVAL: DIRECTOR APPROVAL: PA--te.. Committee PM. Council COMMITTEE RECOMMENDA nON: Committee Member PROPOSED COUNCIL MOTION: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 45 ~ CITV OF 4JII ~ Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: AUGUST 27,2008 TO: CITY COUNCIL MEMBERS CC: NEAL BEETS, CITY MANAGER FROM: PATRICIA RICHARDSON, CITY ATTORNEY SUBJECT: SOUTH KING FIRE & RESCUE'S PROPOSED BOUNDARY LINE ADJUSTMENT Deputy Chief Michael Knorr contacted the City in April 2008 to inquire about the City's position concerning South King Fire & Rescue's desire to go forward with a boundary line adjustment for its parcel on S. 356th Street ("Parcel") for the purpose of building a fire station. (The inquiry along with a map and drawing is attached for your convenience), In 1970 Brooklake Community Center, Inc, conveyed the Parcel to Water District No, 100 via a Statutory Warranty Deed. Subsequendy, Water District No, 100 became Lakehaven Utility District. In 1985 Brooklake Community Center placed a restriction on the Brooklake Community Center property by limiting any future sale and/ or transfer to the City's Parks Department in the event the city incorporated. A representative from Northwest Tide Insurance researched the documents and confirmed that the legal description in the 1985 deed included the Parcel. Consequendy, the City's future interest is limited to the approximate fifty (50) feet on the north and east sides of the Parcel. Absent a court order a boundary line adjustment requires the agreement of the parties With the property interest. Council's decision concerning South King Fire & Rescue's proposal does not guarantee or influence the processing of the boundary line adjustment application, Community Development will process and handle the request in accordance with the Federal Way City Code. K:\parks\brooklake comm cute staff report 08-27-08 46 O\JTH 1{1l\'" ~ Q RESCUE FIRE & IJJIJJIJJ, AOlllltlr.iJf'1liltR, OIt'1 Donna Harmon City of Federal Way Parks Department 33525 8th Ave. Sourth Federal Way, WA 98003 April 23, 2008 Dear Ms Harmon, Thanks you for responding to the inquiries that South King Fire & Rescue are making concerning the Brook Lake Community Center. I thought it best give you something in writing that explains the fire department's interest in the site. After an extensive response study, the results point to a need for a responding fire station along S. 356th, near Pacific Hwy. S. South King Fire & Rescue is the owner of a parcel ofland along S 356th in front ofthe Brook Lake Community Center. The size of the parcel is small and to accomplish the goals that the fire department has identified for this new fire station site, it would be best if our 'parcel could be enlarged. Weare attempting to add approximately fifty (50) feet along both the north and east property lines. I have attached drawings of the property that show the areas that South King Fire & Rescue is interested in. We would appreciate the City of F ederal Way's cooperation in allowing the transfer of this property to the fire department. We have spoken with the Federal Way Community Center representatives and have received their endorsement of this agreement. Please let me know if you require any further information or have questions that I may address. 31617 1st AVENUE SOUTH. FEDERAl WAY, WASHINGTON 98003-5201 Sea" Ie: 25 3/8 3 9 - 6234 r a com a: 253 49]l7. 3 II 8 lox: 2 5 3 / 5 29 - 7 2 0 4 An Equal Opportunity Employer ti.i<iI19County 48 ... g,5"" ... VI. ~ LIOn Map {~'~~--". "\ " . ~i . ./ l~~' http://columbiallionfmap.3SpX 4/22/2008 49 COUNCIL MEETING DATE: September 16, 2008 ITEM #:~. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Agreement between City of Federal Way and Ehli Turner Auction to auction surplus vehicles and motorcycles POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department continue to auction vehicles and motorcycles using Ehli Turner Auction? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: Sept 9,2008 CA TEGORY: [gI Consent o City Council Business STAFF REpORT By: Beth Meshkoff D Ordinance o Resolution D D Public Hearing Other DEPT: Police Department Attachments: l. PRHS&PS Memo 2, Agreement between Federal Way and Ehli Turner Auctions to auction surplus vehicles and motorcycles Options Considered: 1. Accept Agreement between Federal Way and Ehli Turner Auction 2. Reject Agreement STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: cYwt.. ~ f(at1>IRECTOR ApPROVAL: Committee . r6' 1;r4?J1 .o.W'\'v\~~1iJ1 .,6'Wjl~ ~ . Council Committee Cowlcil COMMITTEE RECOMMENDATION: PRPS recommends Option i fvi ~ Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Agreement between City of Federal Way and Ehli Turner Auction to auction surplus vehicles and motorcycles, and authorize City Manager. Neal 1. Beets to sign such Agreement, " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDfNO ACTION o "'lOVED TO SECOND READING (ordinances ullly) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 50 Friday, September 12,2008 Council, Real quickly, the Mayor asked us to consider the pros and cons of donating vehicles to smaller cities rather than sending them to auction. Here are some numbers and some factors: I. We need an auction contract if only to auction off vehicles that are seized because they are connected with criminal activity. 2. As for police vehicles that were auctioned off in 2007, we received about $12,000 from auction proceeds. In our tight budget environment, I would prefer to receive such funds. 3. Police vehicles that go to auction are truly used up. They have been used in several rotations already within the PD and are pretty much shot. I would hesitate to give them to some city or town because they are not in appropriate condition for police work any longer. 4. If a small city or town were to still want one of our old vehicles, we would certainly entertain that request. But, we have had no such requests in recent years from other law enforcement agencies, perhaps because they know our vehicles are shot by the time they hit the auction line. 5. We did receive a request from Decatur and Federal Way High Schools for old police vehicles, which we granted. This was ideal in that they wanted the old squad cars for the kids to work on as part of their auto mechanics courses. Hence, in my judgment, we still need this auction contract for forfeiture vehicles and for end-of-service city vehicles. Neal ~/1~\.. i \ i I ~ 51 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: September 9,2008 Parks, Recreation, Human Services & Public Safety Council Committee Neal J. Beets, City Manager Brian J, Wilson, Chief ofPoliee SUBJECT: Agreement between City of Federal Way and Ehli Turner Auction to auction surplus vehicles and motorcycles no longer used by the Police Department Background The Federal Way Police Department has had an Agreement with Ehli Turner Auction in the past to auction surplus vehicles and motorcycles. When we have vehicles throughout the year that have come off second line vehicle use we can auction them using the services of Ehli Turner. This year's contract proposes an expiration date of 31 December, 2010, an increase from 1 to 3 years reducing the number of Agreements routed for approval. 52 SERVICES AGREEMENT FOR AUTO AUCTION SERVICES This Service Agreement ("Agreement") is dated effective this _ day of 2008. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Ehli Turners Auctions, a Washington corporation ("Contractor"). A. The City seeks the temporary services of a skilled independent contractor capable of working without direct supervision, in the capacity of auto auction services; and B. The Contractor has the requisite skill and experience necessary to provide such servIces. NOW, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall provide the following services: Auction of vehicles, transportation of surplus vehicles to the auction, advertising, cleaning of all vehicles, labor for repairs not to exceed five hours per vehicle and preparation and handling of all necessary paperwork, ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of the Services, but in any event no later than December, 31, 2010. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause, by the City. 53 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount not to exceed Ten Thousand, and No/100 Dollars ($10,000.00), upon a Ten Percent service fee for the sale of each vehicle with the minimum fee of One Hundred Twenty Five Dollars and a maximum fee of Five Hundred Dollars per vehicle sold. In addition, the City agrees to pay the fees for all services listed in Section "1 ", under "Services" according to the attached fee schedule, Exhibit A. 4.2 Method of Payment. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or Invoice. 4.3 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor mayor will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 54 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, 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 Agreement to the extent caused by the negligent acts, errors or omissions ofthe Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and 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 Agreement to the extent solely caused by the negligent acts, errors, or omissions ofthe City, its employees or agents. -. 8.3 Survival. The provisions of this Section shall survive the expiration or . termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Employer. In all Contractor services, programs or activities, and all Contractor hiring and employm~nt made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title 51 of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in case of the Contractor's breach, may result in ineligibility for further City agreements. 55 10. Confidentiality. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination, 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: 11.1 Workers' compensation and employer's liability insurance m amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability.and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. 11.4 Professional liability insurance with combined single limits of liability not less than $2,000,000 for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage(s) if Contractor participates in a state-run workers' comp program. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 56 12. Work Product. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Services shall belong to the City. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 13. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Non-Appropriation of Funds. If s!Jfficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 15. General Provisions. 15.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 15.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 15.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 15.4 Assignment. Neither the Contractor nor the City shall have the "right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 15.5 Successors in Interest. Subject to the foregoing Subsection, 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, 57 15.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 15.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 15.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 15.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 15.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. 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 below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 15.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 15.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 15.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 15.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. IS .15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91..54, as amended, occ~rs as a result .of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 58 15.16 Equal Opportunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits,' if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. 59 DATED the day and year set forth above. CITY OF FEDERAL WAY By: Neal Beets, City Manager 33325 8th Ave S P.O. Box 9718 Federal Way, WA 98063-9718 ATIEST: APPROVED AS TO FORM: t' City Clerk, Laura Hathaway, CMC City Attorney, Patricia A Richardson EHLI TURNERS AUCTIONS Walter Woodward, Vice President 1222 46th Ave East Fife, WA 98424-1206 STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me Paul Callister, to me known to bethe General Manager Ehli Turners Auctions that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ,2008. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 60 COUNCIL MEETING DATE: September 16, 2008 ._..........._................M......... ............................_.............__................ ...................._m....................... ......................_......_............. .............................. .......................__.......__.............................._..........._..._..... . ITEM #:~ .. ............... .m....................._......... . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Bid award for the Federal Way Police SWAT Van. POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department award the contract to build a SWAT van to Legacy Ford/TriVan Truck Body?, COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: Sept 9,2008 CATEGORY: [gI Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!_:<\~~~!'g_~!~.Y..-:.~teve ~~~th.!:!~!.!.g~.~~!!~~~______ Attachments: l, PRHS&PS Memo 2. Copies of bids received as a result of an RFQ. Options Considered: 1. Award contract to Legacy Ford/TriVan Truck Body to build a Federal Way Police SWAT Van, 2. Decline to award contract and provide staff further direction, DEPT: Police Department ST AFF RECOMMENDA nON: Staff recommends Option 1, CITY MANAGER APPROVAL: ~ ~lo~ ~ <<-ulobIRECTOR ApPROVAL: Conmuttee Council j~,w.,{.4/)S'/O'< iJ"JVl-t",- fJ'/~lo/ COlllmitt~e COtlllt:il COMMITTEE RECOMMENDATION: PRPS recomme ds Option ~ Committee Member PROPOSED COUNCIL MOTION: "I move rproval to award the contract to build a Federal Way Police SWAT Van, to Legacy Ford/TriVan Truck Body and authorize City Manager, Neal 1. Beets to sign such Agreement, " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 61 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: September 9,2008 Parks, Recreation, Human Services & Public Safety Council Committee Neal J. Beets, City Manager Brian J. Wilson, Chief of Police SUBJECT: SWAT Van Bid Selection BACKGROUND: Earlier this year the City approved $80,000 for the replacement of the Federal Way SWAT Van from Carry Forward Funds. In July the Police Department requested an additional $50,000 from the State Seizure Fund. The committee approved the expenditure of the additional monies. On July 30 an RFQ for the purchase and build out of the SWAT Van was posted, on the City of Federal Way website, in the Federal Way Mirror, and in the Daily Journal of Commerce. The RFQ was open until August 13th at 1700 hours. On August 13t\ 2008 at 1700 hours the City of Federal Way was in possession of the following four (4) bids in response to the RFQ. 1 Legacy Ford/ Trivan 2 Valley Freightliner/ TriVan 3 Braun Northwest Inc. 4 Gerling and Assoc. $126,303.54 $137,097.24 $153,685.00 $190,225.00 Based on the above received valid quotes, I recommend the contract be awarded to Legacy Ford/TriVan. Legacy FordlTriVan was the low bidder and TriVan has successfully fulfilled three previous project vehicles for the City of Federal Way Police Department. (BDD Van, Major Crime Scene Van, and new Prisoner Transport Van.). In depth bid information is available on request Prepared By: Commander Steve Arbuthnot, Police Dept. 62 i:\agenda bills\2008\prhs&ps memo's\swat van bid selection- 5 arbuthnot 09-09-08.doc () CITY OF FEDERAL WAY REQUEST FOR QUOTE POLICE VEHICLE PURCHASE 1. PURPOSE OF REQUEST The City of Federal Way ("City") is requesting quotes for the purpose of purchasing a new SWAT Truck. The City's needs are outlined in the following Request for Quotes ("RFQ"). II. TIME SCHEDULE The City will follow the below timetable, which should result in selection of a contractor by Monday, August 18, 2008. Issue RFQ Deadline for Submittal of Quotes NotftyTontractor Chosen July 30, 2008 August 13, 2008 August 18,2008 m. INSTJtUCTIONS TO PROPOSERS o A. All quotes shall be sent to: Beth Meshkoff Jail Coordinator Federal Way Police Department 33325 8th Ave South P.O. Box 9718 Federal Way, WA 98063-9718 (253) 835- 6807 B. All quotes must be in a sealed envelope and clearly marked in the lower left-hand comer: RFQ - Police Vehicle Purchase. All quotes must be recei ved by 5 :00 pm on August 13, 2008 at which time they will be opened. Three (3) copies of the RFQ must be presented. No faxed or telephone quotes willbe accepted. C. Quotes should be prepared simply and economically, providing a straightforward, concise description of provider capabilities to satisfy the requirements of the request. special bindings, colored displays, promotional materials, etc., are not desired. Emphasis sh,ould be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material ereated pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any submittals to the City is desirable whenever practicable. 63 ~. \ j D. City representative Beth Meshkoff will answer any questions and ~otify the selected contractor by August 18,2008. E. All quotes must include the following information: 1. The names of individuals from those firms who will be working on the project and their areas of responsibility. 2, Specific experience of individualS relative to the proposed project. 3. A proposed outline of tasks, products and project schedule, including the number of hours required to complete each task or product. 4. A proposed budget based on the above outline of tasks, products and schedules. 5. References. IV. SELECTION CRITERIA. C) Factor Weight Given a, Responsiveness of the written proposal to the 40% purpose and scope of services b. Price 30% c. Ability and history of successfully completing 30% contracts of this type, meeting projected deadlines and experience in similar work TOTAL CRITERIA WEIGHT 100% Each quote will be independently evaluated on factors a., b. and c. V. TERMS AND CONDITIONS. A. The City reserves the right to reject any and all quotes, and to waive minor irregularities in any quote. B. The City reserves the right to request clarifieation of information submitted, and to request additional information from the contractor. C, The City reserves the right to award the eontract to the next most qualified eon tractor, 64 (~) if the successful contractor does not execute a contract within sixty (60) days after the award of the quote. D. Any quote may be withdrawn up until the date and time set above for opening of the quotes. Any quote not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to sell to the City the services described in the attached specifications, or until one or more of the quotes have been approved by the City administration, whichever occurs first. E. The contract resulting from acceptance ofa quote by the City shall be in a form supplied or approved by the City, and shall reflect the specifications in this RFQ. A copy of the contract is available for review. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this RFQ, and which is not approved by the City Attorney's office. F. The City shall not be responsible for any costs incul!ed by the contractor in preparing, submitting or presenting its response to the RFQ. VI. SCOPE OF SPECFICATION The City seeks to purchase a newSW AT Truck. 2008 Standard Cab truck, 260" wheel base that can accommodate a 20' box with a GVW 26,000 or better. Delivery of the completed vehicle will be 90 days from August 11, 2008 unless otherwise agreed upon between the City and the Contractor. ENGINEffRANSMISSION 1. 6.7L 325 2. HP1750 TRQ 3. Allison 3000 5-Speed 4. Auto 5. Frame rails - Max 33,000 GVW 6. Front Axle - 10,000 Capacity 7. Synthetic Front Wheel Bearing Lube 8. Front Suspension - 10,000 CAP 9. single, 19,000 CAP 190 Wheel ends 10. Synthetic Lube, Rear Axle 1-29.99 PTS 11. Rear Springs Suspension - 20,000 12. Hydraulic Brakes 13. Air Compressor with Hydraulic Brakes - CMNS 14, Package Brake, Spring Actuated - IF HX 402 Brake Linings l5, Trailer Connection SKT Combined - Hydraulic 65 C) TRUCK EXTERIOR 1. Fleet White 2. Standard Trim TRUCK INTERIOR 1. Chrome grille and front bumper 2, Cloth sun-visors . 3. passenger-side mirror 4. Hi-back driver seat with 2-person passenger seat 5. Manual air conditioning 6. Vinyl seat trim WARRANTY 7. 3 year/36000 bumper to bumper 8.24 hour roadside assistance BOX (See Attached Exhibit A, B, C) 1. 20' Cutaway Yan Box (20' outside Lx 8' outside W X 84" inside H) 2. .100" Thick extruded aluminum panels 3. Two Lexan Skylights 4. Two full swing rear doors wl2 point hardware on each door 5. Overcab extension, square kickover @ 36" deep 6. Pass through into cab, both wall and ceiling 7. Ll25" Laminated hardwood floor with 2 coats varnish 8. All running lights, stop lights, and turn signals to FMVSS 108 requirements . 9. External LED flashing blue/red light system, activated by switch on dashboard 10. 12V scene lights: 2 on each side and 2 at back of truck . 11. Backup camera with monitor in cab of truck 12. Supply and Install a Xantrex RS2000 Pure Sine Wave. Inverter (see Exhibit A) 13. Basic llOV electrical system to include (see Exhibit A) 14. Heater with 12v fan (see Exhibit A) 15. I" urethane foam insulation in walls, ceiling and floor, white painted plywood lining (3/8") . 16. Right Custom cabinets (see Exhibit B) 17. Left Custom cabinets (see Exhibit C) 18. White boards installed above benches, one on each side, and above work surface 19. A ceiling mounted grab bar of 2" aluminum pipe from front to rear 20. 16' awning mounted on right side of truck 21. Box painted white to match truck 22. Mudflaps 23. Undercoating of entire body 24, Mounting 25, Includes pickup and deliver of chassis to and from Federal Way 66 ~\ i ~ , } VIT. COMPENSATION A. Please present detailed information on the proposed quote for the specifications proposed and for any variation for non-routine services, inclusive of Washington state sales tax and any other applicable governmental charges. Please provide specifics as to definitions of routine versus non-routine tasks, what is fixed as opposed to variable, and how costs are adjusted according to that classification. B. Payment by the City for the purchase will only be made after the vehicle has been deli vered, an itemized billing statement is submi.tted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made within thirty (30) days after receipt of such billing statement. Vill. PUBLICATION. Name of Publication: Dates: Federal Way Mirror July 30, 2008 & August 6, 2008 July 30,2008 & August 6, 2008 o Daily Journal of Commerce Federal Way Internet www.cityoffederalway.coin July 30,2008 thtu August 13, 2008 67 20' Outside Length x S' Outside Widlh x 84" Inside Height regular cab wilh 144" or 150" Cab to Axle Dimension Full Perimeter Steel Frame with as Iowa floor as possible Full Widlh Rear Step Bumper: 14" Deep full Wtdlh Rear Flip Step Bumper (14" Deep) to facilitate ingress and egress, while still allowing manageable angle of departure for truck Features .1oo~ Thick "Snaplock" ExlrUded Aluminum Wall panels wilh integrated posts on 12" centers " no rivets provides a clean appearance and an excellent surface for decals - features a protective eXlrUded aluminum nib rail at bottom of wall to protect body from impact damage - entire outside of walls will be painted body color to exactly match lhe cab Includes Skirting flush to bottom of cab Two Lexan Skylights Includes two full swing rear doors wilh 2 point hardware on each doors (left door to have no outside latch. only a 90 degr - to be lockable by touchpad combination lock (Simplex 1000 Series mechanical combo locks) Doors configured to be held flat against sides of lrUck, even while lrUck is moving Overcab Extemlon: Square kickover @ 36" Deep Includes price for cutting passthrough into cab of Truck, through both wall and ceiling - with rubber "boot" to allow articulation between cab and lrUck body Underfloor storage compartments: Features Maximom undedloor storage compartments wilhlockable hardware in stainless steel NOTE: actual compartment space available to be detennined during design stage Floor: I.lZS" Laminated hardwood floor with 2 coats ofvamish - wilh Linex TractiOn Surface Coating over 4S" center aisle from front of lrUck to rear · includes 3" splash guard around all sides and LINEX wherever floor is bare 12 Volt Electrical: All running lights, Stop Lights, and Turn Signals to FMVSS lOS requirements - running tights to be surface mounted lED - StoptraiVfum lights, reverse lights lED - 5 thinlite fluorescent interior lights wilh 3 way switches at right rear inside of body and at front - 5 red incandescent dome lights wilh 3 way switches at right rear inside of body and at front ~c \. ) Body: 26'S.WAT. Van Dimeosions: Customer Provided Chassis: Frame aDd Bumper: Walls: Roof: Rear Doors: o Voltage Inrerter: External LED flashing blue/red light system, activated by switch on dashboard · featuring 2 REDIBLUE Whelen LIN4 Hashing lED Emergency lights on front and rear . featuring 3 REDIBLUE Whelen LIN4 Hashing lED Emergency lights on each side of body Whelen l2V Scene Lights: 2 on each side. and 2 at back of lrUck (switched by two switches at rear door) Includes a backup earn wilh monitor in cab of lrUck Supply and Install a Xantrex RS2000 Pure Sine Wave Inverter NOTE: to be installed under bench on road side 'of vehicle - Features built in Automatic Transfer Switch - Features built in 100 Amp charger - Features remote status panel - includes two N03l Deep Draw Marine House Batteries (12Volts) - includes batt isolator so accessories cannot draw chassis battery down (for a "no start" situation) 110 Volt Electrical: Heat: Interior Finish: Basic IIOV electrical system to include lhe following: .. II OV power provided by voltage inverter and shorepower plug - with 16 circuit panel mounted in one of the skirt compartments, - wired to a microwave plug on roadside - wired to a fridge plug on roadside .. wired to a power strip at desk - wired to 6 power outlets by desk - includes a lJOV fluorescent task light mounted above work surface - includes an outlet inside safe to plug in a dehumidifier to be supplied by glycol (engine coolant) heater with l2V fan .1 I" urethane foam insulation in walls, ceiling and floor Includes Plywood Lining (3/S") Includes Painting of Plywood Lining (while) Cabinetryllnlerior Appointmenls as follows: H NOTE: all slides to be 300 pound slides 68 ~, , ; , RIGHT SIDE: Right Front or Veh.icle: I) area "mid span" or truck be made up or 6' of storage banks with 4 "storage modules", comprised of the following: . a HEAVY DUTY 10" High x 36" Wide x 24" Deep Aluminum drawer on heavy duty slides - made of liS" aluminum plate and featuring "thumb latch" releases · a 14" High x 36" Wide x 24" Deep open area with a 4" lip and net to prevent objects from sliding out · UNDER CURBSIDE STORAGE BANKS: two 12" high x 36" Deep x 24" Wide Heavy Duty aluminum drawers * UNDER CURBSIDE STORAGE BANKS: two 9" high x 36" Deep x 24" Wide Heavy Duty aluminum drawers - made or liS" aluminum plate and reaturing "thumb latch" releases * ABOVE CURBSIDE STORAGE BANKS: storage area with cupboard doors 2) 36. Wide x Full Height storage area with the following: · at top right comer: an IS" High x 24" Wide area for microwave * below microwave, a 24" High x 24" W1dearea for fridge * beside the microwave and fridge, an area 12" Wide x 42" High ror storage - with I ciJpboard door and 2 inSide shelves (to fonn an area IS" high on top, and 2 @ 12" high below it BELOW FRIDGE: 4ldtchendrawers@4"highx IS" wide x 24" deep - with 60 pound roller bearing slides * BELOW these 4ldtchen drawers: 3 drawers @ 36" Wide x 10" High x 24" Deep - made of 1/8" aluminum plate and featuring "thumb latch" releases 3) 48" Storage rack x full height of truck · separated into two sections: Left Side with two sections each at 42" tall (ie: one shelf in the middle) NOTE: shelf to have I" lip to ensure items don't shift during transit * right side: IS" x full height for storage of ladders, pole cameras etc. . R.,.r Area: 4) 7' of bench seat @ IS" off ground with underiJench storage accessible by lifting bottom of bench * upholstered with black naugahyde on bench and seathack (seatbacks to be 12" high, starting S" up from seat bottom) 5) 7' of storage cabinet above bench: S' x IS" High X 12" Deep (with cupboard doors) NOTE: Include Hea Dut grab handle inside rear door on wall LEFf SIDE l) Left Front Corner: I) Gun safe at right front comer · 60" Wide x full height . separated so left side is 30" Wide and right side is 12" Wide * Left compartment to have a shelf 24" up from floor * Right compartment to be open from floor to ceiling * to include a ROM locking door 2) . THREE SHELF storage space @ 24" Wide between storage area and benches: Shelves @ 24" 4S" and 66" .' to fOml 4 storage areas - top 2 areas to have cupboard doors NOTE: bottom shelf to have I" lip to secure items during transportation . Middle Area (left side or vehicle): 4) area "mid span" of truck be made up of 6' of storage banks with 4 "storage modules", comprised of the following: * a HEAVY DUTY 10" High X 36" Wide x 24" Deep Aluminum drawer on heavy duty slides - made of I/S" aluminum plate and featuring "thumb latch" releases · a 14" High X 36" Wide X 24" Deep open area with a 4" lip and net toprevent objects from sliding out * UNDERCURBSIDE STORAGE BANKS: four 12" high x 36" Deep x 24" Wide Heavy Duty aluminum drawers - made of liS" aluminum plate and featuring "thumb latch" releases * ABOVE CURBSIDE STORAGE BANKS: an open area 12" high x 72" Long x 24" Deep for large item storage . Rear Area: 5) 7' of bench seat @ IS" off ground with underbench storage accessible by lifting bottom of bench * upholstered with black naugabyde on bench and seatback (seatbacks to be 12" high, stasting S" up from seat bottom) 6) 7' of storage cabinet above bench: 7' x IS" High x 12" Deep (with cupboard doors) NOTE: Include Heavy Duty grab handle inside rear door on wall NOTE: see customer's drawing for clarification of design Miscellaneous interior: - White Boards installed above benches (one on each side) and above work surface * NOTE: use Aluminum sheet painted in Ford White liC paint, which will function as work surface Includes a ceiling mOllnted grab bar of 2" aluminum pipe from front to rear Miscellaneous Exterior: Includes a 16' "Carefree of Colorado" awning mounted on right side of truck to extra are Liftgate: $.... llm: ~ Finishing Details: None ~ WD~ UIm-l Includes Mounting ,"''''ill ~s' 'I I V 1 d:'Ufi.i1iJ II" 69 ~ \ () ) Delivery: Includes Mudflaps Includes Undercoating of entire body Price mcludes pickup and delivery of chassis to and from Federal Way Price: Washington State Sales Tax Grand Total: 70 .~. \ ) t ~IZI- ~,i/-/ (by! .s;~ (J ;3/1 I; )(;~y l,oJ , r~ "'- ~ ,.. .... "- ~ ~ ~ { ~ (\ ~ _lyJi Slo~~ ~ll:s ~ ~ ~ tt ~ ~ ~ ~ ,~ ~ ~ ~ \ ~ ~ ~ ~ ~ , ~ .~ '~ -~ ~ ~ ~ ~ ~ ~ ~ ).; ~ ~ ~ 36;.1 ~ ~. ~ ~ ~ )oJ ~ ~ I~ro "3~ " ~ ~t~ ~ ~ :~ r~~ ~~Z ~~ ~8 " ~ ~- ., sx,rafr- W/tW~r.s ffl;IS1~~~ 5~~e ~/~h - f/er/&I/ ~r~~ ;)j~ I' ffittd~1/ (lA tUttl/ , 18~ <<a/Lb ~/lL1- C.x.,^,\o-,+ b ,- 1--/8~$!f-l.7-' , /'"~ t \ l .;;~JltJl Lell/LJr,VeYs S;~. "O~ It;'~ ,,~I $.JGtjP / M ~~a;s; --- - $IN/~ ~O (J $f7I1I 1M ~A1/ -;JhJo/5',,!l/- h IJffDf fell!9~iJ ~O 1/ iJM VO ?/7 ?Wrf -~ ~, ~~ O~ ~~ ~~~ ). ~~ 'b'~ t~ ~~ ~~ /~ J/ ,;;11 , "./1C:Y t J ~ \, ~ "'" j } ~ ~ .~ ~ '" f~'1 /IE" r ~ ., .~ ~~~ ~~ ~~ IS: }L .. ~ ~ ~ .. ~ ~ ~ ~ ~ ~X~'lhIT G Marilyn Hansen Commercial Account Manager-FIeel .' ~ . _ _ _ _ . 1225 Autoplex Way Cell: 509-554-0636 Pasco, WA 99301 . Fax: 509-546-3499 www.legaCydirect,com marilynhansen@legacydirectcom CITY OF FEDERAL WAY 81712008 RQF-Police Vehicle Purchase 2008 - F650 Chassis ( includes delivery to City of Federal Way) $ 59,650.00 Trivan Truck Body - SWAT Body $ 59,803.08 Subtotal $ 119,453.08 WASale Tax $ 10,272.96 3 Day WA Temp & Doc Fees - (CiD.ot?-RriIQrall.J.)/w 10 Lit!.. .) $ 77.50 Less Factory Rebates ...j I $ (5,000.00) Flooring: Cost Chassis & Body for Net 30 days $ 1,500.00 . Total $ 126,303.54 Discount; for payment Net 10 days $ (300.00) $ - -- - -- - Total , , , - Exceptions: Warranty see page 11 ( La..'6fp4!)e.. " GVWR 25999 Oust under CDL req.) Legacy Ford Pasco 1225 Autoplex Way Pasco WA 99301 Marilyn Hansen Commerical Account Fleet Mgr. \. A/'\/ln 1.. () L. LL {... _. A ~ _ # \ I I ph # 509-545-3865 fax # 509-546-3499 email; marilynhansen@legacydirect.com 73 dIb VALLEY FREIGHTLlNER. INC. 277 Stewart Rd. SW Pacific, W A 98047-2110 800-523-8014 Ext. 4524 Fax: 253-863-6473 www.vaUevfrei2htliner.com email: wschulz~vaUevftl.com 8-12-2008 Beth Mesltkoff City of Federal Way Police Department 33325 8th Avenue South Federal Way, WA 98063-9718 Quote for new SWAT Truck Valley Freightliner will provide a complete SWAT Truck meeting or exceeding your bid specifications using a Freightliner M2l06 series conventional chassis and TRIV AN body. Base Price (Complete body and chassis).......... ..................... ....... $125,662.00 W A Sales Tax, 9.l % Pierce County Point of Sale (Vehicle Rate)...... ..~ Total delivered price. .... ... .................. ... ..... ...... ............... ... Delivery schedule and production plan: From notice to proceed: Post award meeting, prepare drawings............ ... ..................... ........0-l4-21 days Order chassis, production and shipment to dealer......... ............ ......... .90-110 days Order body, built concurrent with chassis as feasible........................... 90-llO days Local prep and delivery of chassis to body company... ... ... ... ... ....... .....110-120 days Installation of body on chassis, finish body interior work. . . . .. . .. .,. . . .. . , . . ..l20-165 days Final inspection, customer approval and delivery to FWPD... ................165-180 days Project completion time can vary +/- 30 davs. These are calendar days and show the +/- range. Please consider the options I've prepared on page two of this letter. Selection of the options can be after a post-bid meeting with the vendors involved in this project. Information sheet and references are shown on page three. We're looking forward to providing your department with the best of our products and services. Wayne Schulz Sales Representative 74 Braun Northwest Inc. 150 North star Dr. · PO Box 1204 . Chehalis, W A 98532 360-748-0195.800-245-6303. Fax 360-748-0256 www.braunnorthwest.com II AUGUST 11, 2008 BID PROPOSAL It ~ CITY OF FEDERAL WAY ATTN: BETH MESHKOFF, JAIL COORDINATOR FEDERAL WAY POLICE DEPARTMENT 33325 8TH AVENUE SOUTH P.O. BOX 9718 FEDERAL WAY, W A 98063-3718 RE: RFO: SWAT. POLICE VEmCLE PURCHASE BRAUN NORTHWEST IS PLEASED TO OFFER THE FOLLOWING PROPOSAL: ONE (1) 2009 NORTH STAR SWAT MODULE ON A 2009 FORD F750 CHASSIS MEETING THE DESIGN INTENT OF THE INCLUDED PROPRIETARY SPECIFICATION PENDING FINAL ENGINEERING APPROVAL. TOTAL J\]V[O~T F.O.B. FEDERAL WAy................................................... Sales tax not included BID OPENING: AUGUST 13, 2008 AT 5 PM F.O.B.: FEDERAL WAY, WASmNGTON DELIVERY : APPROXIMATELY ONE HUNDRED TWENTY (120) DAYS AFTER RECEIPT OF CHASSIS. TERMS: STANDARD FEDERAL WAY TERMS ACCEPTABLE. Braun Northwest, Inc. is a Washington dealer (0991-A) with insurance information available upon request. This bid shall remain open to additional purchases by this or other agencies for a period of three (3) years, with periodic cost adjustments based on actual manufacturer's price increases, (Note: This bid is contingent on use of customer's Government Ford Fleet Identification Number.) Respectfully Submitted by BRAUN NORTHWEST, INC We agree to accept the above proposal: CITY OF FEDERAL WAY Signature Date Date: oj( tjoB Printed Name Title JM/sed cc:WN Enclosures: Bid packet, and supporting documents 75 / Gerling Stallion Class Mobile S.W.A.T. Vehicle Configuration Prepared for The City of Federal Way Federal Way Police Department Per RFQ-Police Vehicle Purchase Offer Due Date: August 13, 2008 @ 5:00 pm Submitted By: Algy Arnold Gerling & Associates, Inc. 138 Stelzer Court Sunbury, OH 43074 (740) 965-2888 76 Stallion Class EOD Vehicle Totals Terms: 40% POvvNPAYI\IIENT;J;3AbANCE ON Di:LIVERY" ......................................................................~~~ Rack-Ready Unit $183,425.00 Wheels down delivery to City of Federal Way Add $6,800.00 T ot~1 .l.Jnlt'C()$tll'1.~IUgirt90I)tipq$: Delivery: 95 days Accepted by: - I 108 This Confidential Quotation is effective for. 60 days. 77 COUNCIL MEETING DATE: September 16,2008 ITEM #: 5 J. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grant Funding for Graffiti Abatement Program POLICY QUESTION: Should the City of Federal Way accept the one-time grant funding of$lO, 000 provided by the Washington Association of Sheriffs and Police Chiefs (WASPC) to purchase material for graffiti abatement program? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: September 9,2008 CATEGORY: f2J Consent o . City Council Business o Ordinance o Resolution o o Public Hearing Other ~.!~~~~Q~~~_Y-:_..Q~1?_l!!Y~~i.~f.~Er.Lf.I_\y_~~g___m Attachments: l, W ASPC Interagency Agreement 2. PRHS&PS Memo DEPT: Police Department Options Considered: 1, Accept the grant funding under the specific terms and conditions set forth by W ASPC 2. Reject the recommendation to accept the grant funding ST AFF RECOMMENDATION: Staff recommends Option 1, CITY MANAGER ApPROVAL: ~ ~'l-'lo~ Connnittee Council ~/:n/q{f 8/;t1Jufl DIRECTOR ApPRO V AL:..&14n I.!Ih~ t3nw,M/1/""l Committee Council f6~ COMMITTEE RECOMMENDATION: PRPS recom Committee Chair Committee Member PROPOSED COUNCIL MOTION: approval of the acceptance of the on-time grant funding of $10,000 from WASPC for the City's Graffiti Abatement Program, " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 78 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: September 9,2008 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manager Brian 1. Wilson, Chief of Poliee SUBJECT: Graffiti/Tagging Abatement Grant Back2:round The City of Federal Way Police Department and the Community Development Department jointly sought a grant funding of $1 0,000 from the Washington Association of Sheriffs and Police Chiefs (W ASPC) in support of the City's Graffiti Abatement Program. The funds to be used to purchase abatement materials such as paint, assorted accessories and surface cleaning material to enhance the city's effort to remove gang and non-gang related graffiti. In 2007, the city assembled a Graffiti Task Force and developed a comprehensive three-prong approach to deal with the growing graffiti problem in our community: Education; CityN olunteer Clean~up; and Enforcement. The city's response involved partnering with many different government agencies and with the public in implementing multiple program elements. - A strong city service by quiekly painting over graffiti within 48 hours - part-time staff solely dedicated to graffiti removal. - Extensive outreach enlisting community members to report and paint over graffiti, offering graffiti clean-up/removal kits. Established a "Graffiti Hotline" 835-26l7 for citizens to report graffiti. - Partnership with other government agencies, King County, utility companies, Washington Department of Transportation, Public Works, Parks, etc" to clean up graffiti on all public and private property. - A strong enforcement effort to apprehend offenders (several apprehensions and prosecution) and changes to the Code Amendments aimed at gaining long-term community-based commitment to fight the problem. The accepting of funding from W ASPC will augment the City of Federal Way's on-going effort to remove graffiti from our jursidiction, improving the quality of life for our citizens. The funds will be used to primarily purchase abatement materials for a newly purchased Farrow Surface Cleaning Trailer Mounted Pressure Washer to dispose unsightly graffiti. The grant funding will allow the city to purchase the following items: - Blasting abrasive material for a trailer mounted pressure washer - Green Cleaning Formula 100 bags @ $30 $ 3,000 79 - Orange Cleaning Forumla 200 bags @ $30 - 15 gallons ofpaintlsealer @ $50 per gallen - Assorted Accessories Total: $6,000 $ 750 $ 250 $lO,OOO It is the recommendation of the Police and Community Development staff that the City of Federal Way accept the one-time grant funding provided by the Washington Association of Sheriffs and Police Chiefs for graffiti and tagging abatement. 80 WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS 3060 Willamette Drive NE Lacey, W A 985 16 - Phone: (360) 486-2380 - Fax: (360) 486-2381 - Website: www.waspcorg Servinf! the Law Enforcement Communitv and the Citizens of Washinf!ton August 15,2008 Chief Brian Wilson Federal Way Police Department 33325 8th Ave SW Federal Way, W A 98023 Dear Chief Wilson: I am pleased to inform you that the Washington Association of Sheriffs and Police Chiefs' Gangs and Graffiti Allocation Committee has approved an award of $ 10,000,00 to the Federal Way Police Department for gang related graffiti and tagging abatement. The grant award is effective August 15,2008 and expires on June 30, 2009, Costs will be paid on a reimbursement basis, Appropriate invoices and receipts are to be submitted no more than once each month, You will be reimbursed for actual expenses only up to the limit of the award, Enclosed is an award agreement. This agreement is to be signed and returned to the W ASPC. No funds will be reimbursed until the signed agreement is received, Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed, In addition, the grant award requires a quarterly report on activities covered by this grant. The report form is attached. Congratulations on your grant award approval. While this award is less than what you requested we are encouraged by your willingness to work within the funding limits set during this process, There are many avenues for donated supplies in most communities, For example, Home Depot is an excellent source for free paint from their returned and mis-mixed supplies, Other communities are using their local hazardous waste disposal sites for used paint that can be mixed into a general paint color. We also encourage you to seek additional funding when future grant openings are announced, We look forward to seeing positive outcomes from your local efforts in gang related graffiti and tagging abatement. If you choose to not accept this award, please notify us immediately, If you have any questions, please contact me at 360-486-2419, or via e-mail at dlarsen(aJ,wasPc,org, DawnLe .. ,DirectorpfProjects Washington Association of Sheriffs and Police Chiefs President President Elect Vice President Past Presidenl Treasurer COLLEEN WILSON JOHN DIDION SCOTT SMITH RICHARD LATHIM BRUCE BJORK Chief-Port of Seattle Sheriff - Pacific County' Chief - Tu!alip Sheriff-Franklin Count)' Chief ~ WA Fish & Wildlife E.xecutive Board ED HOLMES TOM SCHLICKER MIKE KLINE JOliN BATISTE S..,MVEL GRANA ro Chief-Mercer Is/and Chief - Swinomish Marsh,,! - U.S Marshals. ED-WA Chief - WA Stare Patrol Chief-Yakima MIKE HUMPHREYS MIKE HARUM SUE RAHR LAURA LAUGHLIN DON"LD PIERCE Sheriff..:o WaLLa Walla County Sheriff - Chelan Counry Sheriff - King Count)' SAC - FBI. Searrle Ex.ecutive Director 81 WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS INTERAGENCY AGREEMENT SPECIFIC TERMS AND CONDITIONS Gang Graffiti and Tagging Abatement Program This AGREEMENT is entered into by and between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS (hereinafter referred to as WASPC) and the FEDERAL WAY POLICE DEPARTMENT (hereinafter referred to as the RECIPIENT), FUNDING SOURCE Funding for this AGREEMENT is provided to W ASPC from the State of Washington, Funding awarded the RECIPIENT shall not exceed the amount shown on the award letter. Project funding is from the Washington State general operating budget through the Criminal Justice Training Commission, SCOPE OF SERVICES The RECIPIENT shall use the funds awarded to meet the requirements identified in the award letter. Funds will be reimbursed no more than once a month, Invoices must be accompanied by all related documentation of expenditures, A quarterly report, attached, will be submitted within ten days of the end of the quarter. Delays in invoice or report submittal of project related activities s result in delay in disbursement of funds, IN WITNESS WHEREOF, W ASPC and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year written below, The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and Letter and other documents incorporated herein. FOR W ASPC: Jl~,M.Jir2~,~ -. Name: Donald G. Pierce Title: Executive Director Date: August l5. 2008 FOR THE RECIPIENT: Name: Title: Date: 82 Gang Graffiti and Tagging Abatement Grant Quarterly Grant Report Agency: Address: o 1st Qtr 0 2nd Qtr 0 3rd Qtr D 4th Qtr Contact: Number: Email: {A';~:);:;(:)":::~ii~l"'~):t8~4,~(':;~ ~,,~;;:,:,"'i~_~::~:i0:~;i~, '~X)i',:,;/;"'" ~~,:{i:~:f;:)i~':i' "'-""-""":-'-'--''''''''';~~:''''~':'':;''' '*.:;;';i' ';",""<:/::::;':::";,i:'~::~ ''"''~;-;M,:Y ""-:'X"""::''\.Xi''''',',::',',',:,',',::''t":.,,,-, .,----,'"" ""'i'~:::':;;:i"r:"{:G,'~~";' -,"'--,."'" ' -_.....::,:.:.,,,:','~,-~%:~:,,:'~':::;~ Number of reported graffiti and tagging incidents Comments: Number of incidents mitigated within 3 days Comments: Number of new graffiti sites identified Comments: Number of sites repainted Comments: Number of volunteers involved in graffiti and tagging abatement projects Comments: Number of graffiti and tagging related arrests or DTOs Comments: P:\VINE\Vine Users\DlarsenlGGACIGraffiti and Tagging Quarterly Report AugOB-JuI09 83 Gang Graffiti and Tagging Abatement Grant , .... ... . ...... ......,;; ............ .. ;.. .. .... ......... .... For those using purchases cameras and tracking devises Number of sitings Comments: Number of arrests from use of cameras Comments: III1VI Average number of times a site is repainted before it is no longer used for graffiti and tagging Comments: Has the project resulted in a reduction in the gang related graffiti and tagging Comments: Please submit completed report at the end of each quarter. The first report (based on the months of July-Aug-Sept 2008) is due no later than October 10th, 2008. Reports can be emailed to Dawn Larsen at dlarsen@waspc.org, mailed to Washington Association of Sheriffs & Police Chiefs, 3060 Willamette Drive NE Lacey, WA 98516, or faxed to (360) 486-2381. P'IVINEIVine UserslOlarsenlGGACIGraffitl and Tagging Quarterly Report AugOB-JuI09 84 ~~~CI!:~~~TING D~!,~~.. Sep~~~~~r 16~_~~~!__._________..._____._..____._!!~~..~: .~_~!;. ~_.._._ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: The acceptance ofthe sole bidder, 'Sound Harley Davidson', for the purchase of two Harley Davidson motorcycles, by the Police Department. POLICY QUESTION: Should the City of Federal Way City Council approve and award the bid to the sole bidder, (Sound Harley Davidson),for the purchase of two new Harley Davidson motorcycles? 4\ COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: Sept..Rr, 2008 CATEGORY: IZI Consent D Ordinance D D City Council Business D Resolution D Other STAFF REpORT By: STAN MCCALL COMMANDER DEPT: Police Department -..----------~_______.._.___.___._._.______.1._.._._._._._..______.__..__._...___..___.__....__.__._..___.....____...__._._._.___________...___.__ Attachments: 1. Copy ofRFQ - Police Traffic Motorcycles 2. Copy of received written bid - from 'Sound Harley Davidson', Marysville, W A Public Hearing Options Considered: l. Approve and Award bid to 'Sound Harley Davidson' for the purchase of two Harley Davidson motorcycles. STAFF RECOMMENDATION: Staff ends Option 1. CITY MANAGER APPROVAL: DIRECTOR ApPROVAL: /1. L.Jr};/M 'd7)cgj! /J-.. ~/ ~ Committee Council t I I Committee Member PROPOSED COUNCIL MOTION: "I move approval of the request by the Police Department to award this bid to the sole bidder, 'Sound Harley Davidson', for the purchase of two Harley Davidson Electra-Glide motorcycles. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 85 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: September 9, 2008 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manager Brian J. Wilson, Chief of Police SUBJECT: Awarding Bid - Harley Davidson Motorcycle Purchases Back2round On July 1, 2008, we requested and were granted permission by City Council to immediately purchase two new Harley Davidson motorcycles, along with the required lighting, radio and siren equipment. These two new motorcycles will be the start of a new purchase & lease motorcycle plan for the Police Traffic Section, also approved by Council. By the end of2009, the Traffic Unit should have seven purchased motorcycles and four leased motorcycles in their fleet. This will satisfy our allocation of authorized motorcycles and should provide the benefits and advantages of both a purchase and a leasing plan. We decided to conduct a competitive bid process for the purchase ofthe two new Harley Davidson motorcycles. Our Legal Department approved the bid process and RFQ on 08/07/08. On 08/13/08, the RFQ was mailed out to all 16 Harley Davidson dealerships in Washington State. By the RFQ deadline, (08/27/08), we received only one bidder - Sound Harley Davidson in Marysville, W A. Sound Harley Davidson complied with the RFQ and equipment specification requirements and we wish to officially award this bid to them. This represents the lowest and only bidder. Motorcvcle and Equipment Costs $30,894.00 $2,.718.67 $586.00 $49.81 $635.81 $2,739.60 $232.86 $2,972.46 Total Bid Price $37,220.94 86 These two new Harley Davidson motorcycles will be assigned to and maintained by the Police Traffic Unit. Funds for this purchase will be drawn from our available Replacement Reserve -momes. TJIB o.rm. THE ONU'. THE LB.CIlND.. 211111!1 RIITP ELECTRA GLIDE. R.J'mO -. _lfl"''''YO lIUCKlIirn1l1R1at_E: MJIIIll.S NfeIlCUlLl: 5LW!RIIlIlSll8PfS ~ Sl'I14. milt"" '<I.....---...........,.........lit'....~...,b...~IIIoltlll',...,~,~...f~......~!itI ~ ~~,<*'~ ~ ...Je.:)il:,..."...........",~~~..',.;o"' 87 ! I CITY OF FEDERAL WAY REQUEST FOR QUOTE Police Traffic Motorcycles I. PURPOSE OF REQUEST The City of Federal Way ("City") is requesting quotes for the purpose of purchasing two new motorcycles for the Police Traffic Section. The City's needs are outlined in the following Request for Quotes (" RFQ"). II. TIME SCHEDULE The City will follow the following timetable, which should result in a selection of a contractor by August 21h, 2008. Issue RFQ Deadline for Submittal of Quotes Notify Contractor Chosen August 13, 2008 August 27,2008 August 28,2008 III. INSTRUCTIONS TO PROPOSERS A. All quotes shall be sent to: Mark Bensen, Police Lieutenant City of Federal Way 33325 8th Ave S P.O. Box 9718 Federal Way, WA 98063-97l8 (253) 835-6767 B. All quotes must be in a sealed envelope and clearly marked in the lower left-hand corner: RFQ - Police Traffic Motorcycles. All quotes must be received by August 27, 2008, at 4:00 pm., at which time they will be opened. Three (3) copies of the RFQ must be presented. No faxed or telephone quotes will be accepted. C, Quotes should be prepared simply and economically, providing a straight forward, concise description of provider capabilities to satisfy the requirements of the request. Special bindings, colored displays, promotional materials, etc., are not desired. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any submittals to the City is desirable whenever practicable. D. Lieutenant Mark Bensen, or his representative will notify the contractor selected by August 28, 2008. E. All quotes must include the following information: 88 ',/ .' I. The names of individuals from those firms who will be working on the project and their areas of responsibility. 2. Specific experience of individuals relative to the proposed project. 3. A proposed outline of tasks, products and project schedule, including the number of hours required to complete each task or product. 4. A proposed budget based on the above outline oftasks, products and schedules. 5. References. IV. SELECTION CRITERIA. Factor Weight Given 1. Responsiveness of the written proposal 25% to the purpose and scope of service. 2. Price. 50% 3. Ability and history of successfully 25% completing contracts of this type, meeting projected deadlines and experience in similar work. Total Criteria Weight lOO% Each quote will be independently evaluated on factors 1 through 3. V. TERMS AND CONDITIONS. A. The City reserves' the right to reject any and all quotes, and to waive minor irregularities in any quote. B. The City reserves the right to request clarification of information submitted, and to request additional information from the contractor. I ., .\~ C. The City reserves the right to award the contract to the next most qualified contractor, if the successful contractor does not execute a contract within thirty (30) days after the award of the quote. D. Any quote may be withdrawn up until the date and time set above for opening ofthe quotes. Any quote not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to sell to the City the services described in the attached specifications, or until one or more of the quotes have been approved by the City administration, whichever occurs first. 89 ./ ,/ ,-"l' E. The contract resulting from acceptance of a quote by the City shall be in a form supplied or approved by the City, and shall reflectthe specifications in this RFQ. A copy ofthe contract is available for review, and shall include requirements to comply with ADA, Civil Rights Act, an~ EEG requirements. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this RFQ, and which is not approved by the City Attorney's office. F; The City shall not be responsible for any costs incurred by the contractor in preparing, submitting or presenting its response to the RFQ. VI. SCOPE OF SERVICES A. Two (2) new Harley-Davidson FLHTP Electra Glide motorcycles, 2-year factory warranty, equipped with all Harley-Davidson 2009 FLHTP specifications,factory painted (Houston Style). Motorcycles shall include the optional, independentfront and rear anti-lock brake system (ABS). Motorcycles shall also include the King Tour-Pak system with the smooth back rests. VII. COMPENSATION A. Please present detailed information on the contractor's proposed quote for the specifications proposed and for any variation for non-routine services, inclusive of Washington state sales tax and any other applicable governmental charges. Please provide specifics as to definitions of routine versus non-routine tasks, what is fixed as opposed to variable, and how costs are adjusted according to that classification. B. Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. VIII. PUBLICATION, Name of Publication: Dates:' I -i" Federal Way Mirror 08-13-08 G:\lawfOlms\Request for Quotes rev, 02/08 90 . ~~~ " I'll ~lJND . HARLEY-DAVIDSON- Sound Harley-Davidson 16212 Smokey Point Boulevard Marysvllle,WA 98271 p; 360.454.5000 tf: 877,888,5001 f; 360.454,5010 www.soundharley.com 8/20/2008 It, Mark Bensen City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 RE: RFQ - Police Traffic Motorcycles Dear Lt. Bensen, Per the RFQ issued 8/13/2008 by the City of Federal Way we are submitting the below quote: Item 1 - Two (2) 2009 Harley-Davidson FLHTP Electra Glide Police motorcycles, equipped with ABS and painted in the black and white "Houston" paint scheme, Vehicle (2) Tax (8.8%) Vehicle Total $30,894.00 $2,718.67 $33,612,67 Item 2 - Vehicle Setup Labor $586.00 Tax $49.81 Total $635,81 Item 3 - Required Accessories King Tour-Pak Tour-Pak Lock Ass'y Tour-Pak Mount Smooth Backrest Pad Labor Tax Total $1,449,90 $39,90 $519.90 $299.90 $430.00 $232.86 $2,972.46 Total package price for the both vehicles, equipped as requested, will be $37,220.94, Contact information on this bid will be Dwane Cannady, General Manager, and T J Johnson, Service Manager. Sincerely, ~ Dwane Cannady 91 09-02-08 Harley Davidson bid results From: Mark Bensen Sent: Tuesday, September 02, 2008 2:11 PM TO: Stan Mccall subject: Harley Davidson bid results AS of August 27, 2008 at 1600, one bid from Sound Harley-Davidson came in for the two new motorcyles. I recommend we purchase the motors with sound HD. page 1 92 COUNCIL MEETING DATE: :&~.w \ ~) 2.ro8 ITEM #: \ 0 . a...- . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Status Update - 2008 Planning Commission and Long Range Planning Work Program POLICY QUESTION: This presentation is for information purposes only COMMITTEE: LUTC MEETING DATE: August 4, 2008 CATEGORY: D Consent D Ordinance D Public Hearing 181 City Council Business D Resolution ~ Other: Information Only STAFF REpORT By: Senior Planner Margaret Clark, AICP DEPT: Community Development BACKGROUND: This is an update to the Land Use Transportation Committee (LUTe) on the status of the 2008 Planning Commission Work Program. ATTACHMENTS: July 29, 2008, Staff Report with Exhibits A-C. Exhibit C has been updated to include two amendments: (1) Portable Signs in the R-O-W; (2) Signs in the R-O-W (This code amendment would explore allowing signs general access to the R-O-W with reasonable restrictions). OPTIONS CONSIDERED: This presentation is for information purposes only. STAFF RECOMMENDATION: N/A CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: y to Committee f:H- To Council COMMITTEE RECOMMENDATION: N/A Linda Kochmar, Chair Dini Duclos, Member Jim Ferrell, Member PROPOSED COUNCIL MOTION: N/A THIS ITEM IS FOR INFORMATION ONLY (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 1:\2008 Planning Commission Work Program\080408 Agenda BiII,doc 93 ~ CITY OF ., ~ Federal Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: To: VIA: FROM: July 29, 2008 Land Useffransportation Committee (LUTC) Cary Roe, Assistant City Manager ~ Greg F ewins, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner Status Update - 2008 Planning Commission and Long Range Planning Work Program MEETING DATE: Au st 4, 2008 SUBJECT: I. BACKGROUND At the beginning of each calendar year, the Planning Commission's Work Program for that year is approved by the City Council. The Planning Commission Work Program consists of both zoning code amendments (modifYing existing codes or adopting new ones) and amending the comprehensive plan. The City Council adopted the 2008 Planning Commission Work Program on January l5, 2008. At that time the Work Program consisted of the following. A. ITEMS STARTED IN 2007 AND CARRIED OVER INTO 2008 l. Significant Trees, Vegetation Retention, Clearing, and .Grading - This involves a review of and amendment to the current City of Federal Way zoning and subdivision code requirements related to the preservation of significant trees, vegetation retention, and site grading. 2. South 35rJh Subarea Plan - This is a study to determine whether the Single-Family Residential (RS) 15.0 designated parcels located south ofSW 356th Street and west of lst Avenue South should be considered for higher density. B. NEW ZONING CODE AMENDMENTS l. Increase the building height in all commercial zones. 2, Delete the 120-foot maximum fa~ade iength requirement of the Community Design Guidelines. As buildings become taUer, there is a need for them to be longer and wider in order to retain appropriate bulk and scale, 94 3. Reduce how open space requirements are met in the City Center-Core (CC-C) and City Center-Frame (CC-F) zones. The present open space requirement for residential development precludes efficient use of a site. This has become evident with the recent Symphony development. 4. Delete the maximum allowable density for senior housing in the Community Business (BC) zone. There is no maximum density requirement in other commercial zones (CC-C and CC- F) which allow senior housing. In addition, other development standards, such as maximum height, required parking, landscaping, and water detention requirements are sufficient to cap density. 5. Amend Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and Chapter 22, "Zoning," to incorporate Low Impact Development (LID) techniques. The City has recently received technical assistance from the Puget Sound Partnership, which will be in the form of reviewing our codes and proposing code amendments to implement LID techniques. 6. Allow home occupation day cares in an existing nonconforming residential dwelling in commercial zones. This amendment is required to comply with state law. Also, re-examine the home occupation provisions for clarity and applicability in more unique situations, such as adult family homes. 7. Allow the Director of Community Development Services the flexibility to determine the allowable hours of construction on a case-by-case basis. Presently, work is not allowed under any circumstance before 9:00 a.m. and after 8:00 p.m. on Sundays and holidays. However, there is sometimes a reason to grant permission to work at these times; for example, the Department of Transportation may need to engage in construction around the clock. 8. Adopt regulations allowing storage containers (cargo containers) in non-residential and/or residential zones. The code is silent on allowing this use and there has been inquires about the use of containers, more commonly on commercial property and to a lesser extent on residential property. 9. Allow churches in all zones. Currently, churches are allowed in all residential zones and the BC, CC-C, and CC-F zones, but not in the Neighborhood Business (BN), Professional Office (PO), Commercial Enterprise (CE), or Office Park (OP) zones. lO. Allow off site signs, such as banners and kiosks, in order to better publicize major events in our city, such as the Federal Way Symphony concerts; Festival Days events; Red, White, and Blue Festival; Centerstage plays; Han Woo Ri; etc. ll. Remove the notice requirements for Social Service Transitional Housing. Presently this use is subject to a Process ill review, which requires pubic notice in the paper; posting the site and public notice boards (City Hall and public libraries); and notifying all property owners within 300 feet of the site. C. 2008 COMPREHENSIVE PLAN AMENDMENTS The Planning Commission also holds the public hearing on the annual comprehensive plan amendments. The following is a list of citizen-initiated comprehensive plan amendment requests which were selected for further study at a March 4, 2008, City Council meeting: Land UseITransportation Committee (LUTe) Staff Report Status Update - 2008 Planning Commission and Long Range Planning Work Program Meeting Date: August 4, 2008 Page 2 95 l. Request from Mr. Un-Ha Shin to change the comprehensive plan designation and zoning of two parcels totaling 5.01 acres ,located east of Pacific Highway South at approximately the 27700 block and directly east of the Silver Shadow apartment complex, from Single Family High Density and RS 7.2 (one unit per 7,200 square feet) to Multi-Family and Multifamily Residential (RM 2400 - one unit per 2,400 square feet). 2. Request from Federal Way Village LLC (developer of the Federal Way Village project at Kitts Comer) to change the comprehensive plan designation and zoning of l.53 acres located at 3390l Pacific Highway South, from Multi-Family and Multifamily Residential (RM 2400- one unit per 2,400 square feet) to Community Business and BC zoning. 3. Request from Ms. Trinh Nguyen to change the comprehensive plan designation and zoning of two lots totaling 0.3 acres located at the southwest comer of the intersection of South 288th Street and 18th Avenue South, from Multi-Family and Multifamily Residential (RM 3600- one unit per 3,600 square feet) to Community Business and BC zoning. There are also housekeeping amendments that will be made to chapters of the comprehensive plan. In addition, we have recently been notified by the City of Des Moines (Exhibit A) that the City of Federal Way is required to change the comprehensive plan designation and zoning of property located east of l5lh Avenue South (Exhibit B) per a settlement agreement between Granville Southern Corporation, Donald and Marie Tavis, and the Cities of Des Moines and Federal Way entered into in August 2000. II. STATUS OF THE WORK PROGRAM After beginning work on the code amendments, it appeared to be more efficient to combine certain of them. In addition, work items not previously approved as part of the Planning Commission Work Program have arisen. The following table describes how items are proposed to be combined and it also lists the new work items. The attached Excel Chart (Exhibit C) also lists these items with tentative public hearing and meeting dates. Land Useffransportation Committee (LUTC) Staff Report Status Update - 2008 Planning Commission and Long Range Planning Work Program 96 Meeting Date: August 4, 2008 Page 3 l"IJ = - = - 00 ... on CI).5 ..ea 6 CI) ~:I: Q..u CI)._ <n - ....g <S,:l.. -0 Q CI) 0 :;';; 't:I .21 -8~ eno <liU ~ on u.5 e E Q..<I:I Q- _,:l.. e-. - = = ... l)Jl .C o e Q c::: "Cl ~ -= :a Q ~ o Z e e l)Jl e ~ .llC 100 Q at - = = ... l)Jl .C o "'" Q t = ~ '" CI) >0 e ~ - - '" ... CI) .5 <1:1 (: o U o 01) ... <1:1 U ... 01) CI) .5 ~a ~X Q..o CI)._ en - ....g <S,:l.. -0 Q CI) 0 :; 'C;; -0 .~ -8 ~ en 0 <liU ~ 01) 0.5 e E Q..<I:I s::- _,:l.. ~ CI) Cl)g.s ..c::o..... ... 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Q.., ~ o ::: tlll c:: '2 a s: II) tlll ~.~ frtlll ~c:: ~.3 _ "0 ~a Uc:: 5'~ ~.~ ~~ ~ 0 .-u ~~ 0"- uc:: c:: a .g P: ~oo 1::0 00 p,.N '" I a II) ...- ~i "';:l ;:l", "0 ::s ad ~~ i ::J ~ V) 00 o ~ 00 9 ~ e ll... ~ o ~ c o '0:; '" 'e E o U ClO c '8 ii E: 00 o o ~ ~ g ~ .. '" ~ IE ~ ~ ........- ,V"J<..J",...." '"'U (L)'hL of IUJ~A. 4I~., RECEIVEOBV f!Jt... IF ';;l)~ uf!tOfIn.e(j, COMMUNlTYDEVaOPMENT DEP. RTMENT PLANNIN~~=C:X::::'~~CWORKS JUL 1 0 200 "'r- 21630 11TH AVENUE SOUTH, SUITE D DES MOINES, WASHINGTON 981~98 (206) 870-7576 FAX (206) 8~ July 1,2008 Greg Fewins Director, Community Development Services City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 Re: Pacific Heights (Granville Southern) Dear~ As you may recall, on August 13, 1998 the Boundary Review Board (BRB) issued a decision approving the annexation of Redondo Riviera into the City of Des Moines. Subsequently, an appeal of the BRB' s annexation decision was filed by Granville Southern with the King County Superior Court under Cause Number 98-2-19694-KNT. In order to settle the litigation, The Cities of Des Moines and Federal Way, along with Granville Southern entered into a settlement agreement. The project remained dormant until 2006 when the City of Des Moines was contacted by the new owners of the property and project, Pacific West LLC, to discuss the steps needed to complete the Pacific Place project, which was later renamed Pacific Heights. In March of 2008, the Des Moines , City Council 'approved the preliminary plat for Pacific Heights. However, approval of the preliminary plat did not fulfill all of the terms of the settlement agreement between the Cities of Des Moines and Federal Way and Granville Southern. As part of the agreement the Cities agreed to change the zoning classification of the property to RA-360Q pursuant to Item 1. The City of Des Moines conducted the required public hearing for the zone reclassification for. the portion of the site within Des Moines on June 26, 2008 and the City Council approved Ordinance Number 1431 (enclosed) amending the official zoning map changing the zoning classification from RS-7200 to RA-3600 for that portion of the Granville site within the City of Des Moines. The zoning classification for the portion of the site within City of Federal Way must also be changed in accordance with the settlement agreement. During the public hearing for the zoning reclassification, the Des Moines City Council asked staff to confirm that Federal Way is also proceeding with the required zoning reclassification. Please provide the approximate date by which the zoning reclassification will be presented to the Federal Way City Council so we can keep our City Council informed. This correspondence can be sent to the staff lead for the project: Jason Sullivan., If you would like to setup a meeting to discuss this term of the settlement agreement, please contact Jason Sullivan by phone at (206) 870-6551 or by email at isullivan@desmoineswa.gov. /!lite u)/~mnd ~{~ * Printed on Rea,a.d Paper EXHIBIT ---A- PAGE-LOF -L- Sincerely, ~4~oo Grant Fredricks Planning, Building, and Public Works Director Enclosure CC: Tony Piasecki - City Manager Pat Bosmans - City Attorney Robert Ruth - Development Services Manager JasOn Sullivan - Land Use Planner II EXHIBIT -A-- PAGE---LOF -1- 100 EXHIBIT B PACIFIC HEIGHTS PLAT ........ I L.......__ -- -. i[ I ! ~.~.. 1.Ji'iL. 'I L:I..,.r..r: W : · 1 --'~--'''---''i! r ~,---:-'~ '"1'ir 1~)IiI1 ~I'i="'i'" r::' --" u. -~-..---JL.~...._=:-~oo ~ ill '. "u;;;-'! ~llOtlOOot'TH~HIGHwAiY f=1- j -- 11l.-'f#'~='-T"'",~~'m............'-' , , ~---"-,---_._~~~~ i J~~ : ~.~---_..__~__~._ I) i~--i ; r · i L....J! --~ f =:::-,- 11~! _. ~' i i g, ;I~ i ~ - ; r -- -- ------.-.-.--11" L ~ i J "'::" ~ Iii: rm-::':2C1 I r..-.-.-----.-T..--~i'1" ; ~ - i::] ; -"'" j -- L---.-3Il.~f if:::'-~ 1(/'-- L----L.1i;-M ~~-:---~ ! / [ -- ~ ;11' ~- ; // ) i - !l-_.J ~.~- I ./'" // i --..-~._- r'.......-...----... .. '--j /,./ .1/' ~----"./ .// u------1 =! g , RM1BOO -- =-- " ..'--..........,.. ..~- """". "'=" RM1BOO Cross Hatched Area is presently zoned RS 7.2 (Single family, one unit per 7,200 sq. ft.). Per the Settlement Agreement; this would need to be rezoned to accommodate zero-lot line townhouses. 101 '0 WQ Z :::::i W :E i= en I- z W~ :Eli) o~CI) ~W -:E m< -w J: Q (j) )(O~ WO ~ co<( <:) <:) N I I > l:t: < :EGl :E 3 ~., tn U Gl o E) z i:ii c '0 cu cu ,- a:: 0 "O~ ~ cu oll~ _ c '" ,_ ..J E ,- Eg' o 'J:: 0 cu ,- a:: 0 'O~ ~CD oll ~ _ c '" ,!!! ..J E.. 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CD E E o o ,5 !l .s: 01 'Qi J: I!! 01 ::J C 0 :E J: c: ~ ,g CD u 1/1 ::J m en b CD CD 1/1 .. C c: u 0 0 c: N 0 1/1 .>0: 1/1 o ~ aIJ ~ CD c C <U In iii c 01 (jj S (jj 8 ~ :cc '" '" tj e Q. CU (;j .. '2 ~ 6 ~ CD ;; ,5 1/1 c: 01 (ii -- -, ..... 01 C ;:: !-- '0 o U "0 C <<I .s: ~ <U CD :: It: -~ ..... - o cu 01 t'CI Q. '- ..... - ..... .. C CIl E g g. ;:: Gi Gl ~ ~ : '2 o ~ & 1:; ~ 0 ~ .5 d, .5 0 a:: ~ !E ~ o I! 0 ..I I- 0 COUNCIL MEETING DATE: September 16,2008 ITEM #: ~. h. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: City's Insurance Carrier POLICY QUESTION: SHOULD THE CITY COUNCIL CHANGE INSURANCE CARRIERS TO WASHINGTON CITIES INSURANCE AUTHORITY; AUTHORIZE THE CITY MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT; AND APPOINT A DELEGATE TO mE BOARD OF DIRECTORS - OR MAINTAIN THE CURRENT CARRIER CITIES INSURANCE ASSOCIATION OF WASHINGTON COMMITTEE: N/A MEETING DATE: CATEGORY: D Consent X City Council Business Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: PATRICIA RICHARDSON DEPT: Law Attachments: 9/12/08 Staff Report. 9/3/08 memo prepared by Jim McDonald comparing premium costs with various deductibles. Spreadsheet comparing the proposals insurance coverage. Options Considered: 1. Change insurance carriers to Washington Cities Insurance Authority with $100,000 deductible; authorize the City Manager to execute the interlocal agreement; and appoint a delegate to the Board of Directors; 2. Maintain the current insurance carrier Cities Insurance Association of Washington. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: Committee DIRECTOR APPROVAL: Committee fl/K Council COMMITTEE RECOMMENDATION: N/A Committee Member Committee Chair Committee Member PROPOSED COUNCIL MOTION: HI move approval of Option _" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # 103 ~ CITY OF flIT ~ Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: SEPTEMBER 16, 2008 TO: CITY COUNCIL MEMBERS CC: NEAL BEETS, CITY MANAGER FROM: PATRICIA RICHARDSON, CITY AITORNEY f~ SUBJECT: INSURANCE CARRIER Currendy the City's insurance carrier is Cities Insurance Association of Washington ("CIA W"). The City is an Associate member, which means that we do not have a vote concerning the CIA W's business. Pursuant to the interlocal agreement with the CIA W, the City agrees to continue with the CIA W's insurance program for one yeat, In the event the City desires to consider other insurance carriers, the City must provide written notice of its intent twelve (12) months in advance, The City did provide notice last year, which is the reason the issue is before Council. The City received two quotes for insurance: (1) CIA W, and (2) Washington Cities Insurance Authority ('WCIA"). The City hired a consultant, Jim McDonald, to assist in its evaluation of the proposals. Mr. McDonald's premium comparisons and coverage comparisons are included in the packet In addition, selecting WCIA will require the City enter into a three-year interlocal agreement for insurance and the City will have a voting representative on the WCIA Board WCIA's insurance program is proactive as evidenced by the mandatory training and the numerous free training opportunities offered to all employees. While the City no longer has a risk manager, WCIA will conduct an on-site inventory and coordinate with staff on insurance issues. Additionally, WCIA's cities include those of comparable size in the Puget Sound Area with similar issues (i.e. Renton, Kent, Auburn, Des Moines, Kirkland, Mercer Island, and Olympia). As noted in Mr. McDonald's comparison table, both carriers provide public officials liability insurance (WCIA's limit is $20,00,000: CIA W's limit is $10,000,000); employment practices liability insurance (WCIA's limit is $20,000,000; CIA W's limit is $10,000~000); and general liability insurance (WCIA's limit is $20,000,000; CIA W's limit is $12,000,000). . The City Manager recommends that the City select WCIA as the insurance carrier with a $100,000 deductible. 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CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PAYMENT OF APPRAISED VALUE FOR BILLBOARD LOCATED AT 288111 AND PACIFIC HIGHWAY S. AND EARLY TERMINATION LEASE POLICY QUESTION: SHOULD COUNCIL AUTHORIZE PA YMMENT OF THE APPRAISED VALUE OF $105,000 FOR THE BILLBOARD LOCATED AT 288TH AND PACIFIC HIGHWAY S. AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE EARLY TERMINATION LEASE? COMMITTEE: N/ A MEETING DATE: CATEGORY: o Consent X City Council Business Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: PATRICIA RICHARDSON DEPT: Law The City acquired the property on the northwest comer of 288th and Pacific Highway S, during Phase III of the SR99 project The billboard did not interfere with the project, and therefore was not removed at that time. However, even though it was not necessary to remove the billboard for the project, the Code does not allow them. Staff contacted Clear Channel about removing the billboard. Pursuant to the Scenic Vistas Act in State Law, the City must pay the appraised value of the billboard for its removal. Clear Channel agreed to remove the billboard for the appraised value of $105,000, and restore the area. In exchange, the City will execute the Early Termination Lease Agreement and have the payment available within twenty-four hours of the removal. The attached Early Termination Lease Agreement represents the tentative agreement subject to Council's approval. Attachments: Proposed Early Termination Lease Agreement Options Considered: 1. Authorize payment of $105,000 for the removal of the billboard located at 288th and Pacific Highway S. and authorize the City Manager to execute the Early Termination Lease Agreement. . 2. Do not authorize the payment or authorize the City Manager to execute the Agreement. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: Committee DIRECTOR APPROVAL: Committee PIHe Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of Option 1 ". COUNCIL ACfION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # I ST r~ading Enactment reading ORDINANCE # RESOLUTION # 108 EARLY LEASE TERMINATION AGREEMENT BETWEEN CITY OF FEDERAL WAY AND CLEAR CHANNEL OUTDOOR, INC. This Early Lease Termination Agreement ("Agreement") is entered into this 17th day of September, 2008, by the City of Federal Way ("City") and Clear Channel Outdoor, Inc. ("Clear Channel") (collectively, "the Parties"). Coincident with its intersection improvements project, the City has determined that it must purchase the billboards from Clear Channel located on parcel number 042104-9242, commonly known as 28850 Pacific Highway South ("property"). Clear Channel maintains a leasehold on the property, where it operates a commercial billboard (the "sign"). The City requires early termination of Clear Channel's leasehold. The Parties have agreed to an early lease termination under the following terms and conditions: I. Compensation Amount. The City will pay Clear Channel, as compensation, the amount of One Hundred Five Thousand and 00/100 Dollars ($105,000.00) ("the Compensation Amount") for the early termination of the leasehold. The Compensation Amount shall constitute full and complete compensation to Clear Channel for early termination of Clear Channel's leasehold and property rights. The Parties agree that the Compensation Amount described herein shall include any claims for interest, fees, reimbursements, relocation assistance and any other claims of any nature, including compensation which Clear Channel may otherwise be entitled to under the law of eminent domain or any other reimbursement, replacement or compensation scheme provided by law. . 2. Payment Details. The City will pay the Compensation Amount by tendering a check in the amount of the Compensation Amount payable to "Clear Channel Outdoor, Inc.," within 24 hours of Clear Channel's removal of the sign, as described in paragraph 3 below. The check is to be tendered to Clear Channel's representative at the City Attorney's Office in Federal Way. 3. Removal of the Sil!l1. Clear Channel will remove the sign within 5 business days after execution of this Early Lease Termination Agreement, which may be executed in counterparts. The Parties further agree that if there is no concrete in the footings (only steel posts) then the posts will be completely removed by Clear Channel. If during the course of the removal the Parties determine that there is concrete in the footings, Clear Channel will not have to remove the footings, as this may disturb the retaining wall, etc., and instead Clear Channel will cut the posts off at approximately 2 feet below grade and fill the holes with Controlled Density Fill (CDF) to restore the area to level, leaving the concrete and a portion of the steel in the ground. If Clear Channel fails to remove such sign or sign materials as so agreed, the City shall have the right to remove such sign or sign materials at Clear Channel's expense. The parties also agree that time is of the essence. EARLY LEASE TERMINA nON AGREEMENT - 1 109 4. Release and Hold Harmless. Clear Channel hereby releases and holds the City harmless from any and all claims for relocation costs arising from the removal of the sign, and the City releases Clear Channel from all claims associated with the sign except as provided herein. 5. Aj!reement to Cooperate. The City and Clear Channel shall execute such documents as may be necessary to implement this Agreement. CLEAR CHANNEL OUTDOOR, lNC. CITY OF FEDERAL WAY By: Title: Date: By: Title: Date: By: Clear Channel Legal Counsel Date: By: City of Federal Way's Legal Counsel Date: EARLY LEASE TERMINATION AGREEMENT - 2 110 ~~UNCIL".~~!m:~_~~!"~~~m~ep.~~_~~~E"!~~"~~~."_"....m.._.._..._.._...._.....__.___m......._.......__....._.... .m._....m__....__......_......_..!!.~.~m~=...\,qd . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Look Alike Weapon Legislation POLICY QUESTION: Should the City of Federal Way support legislation to change the use of "Look Alike Weapons" from a class "e felony" to a class "E felony. " COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: Sept.9, 2008 CATEGORY: o Consent ~ City Council Business o Ordinance o Resolution o STAFF REPORT By: Chief Brian Wilson Public Hearing Other (Legislative A~enda) DEPT: Police Department r I Attachments: 1. PRHS&PS Memo Options Considered: 1. Support the Legislation 2. Do not support the Legislation STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: )/\,Wv i1u1o,i' 1\.IW'r ftuto~DIRECTOR ApPROVAL: Committee Council .f1:t-t/(v, 8/()t/~ g./"A- o/X/.IuY Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option ~ rri Committee Chair ~ Committee Member PROPOSED COUNCIL MOTION: "I move approval to support Legislation to modifY the Assault ~tatue to f) include "LookAlike Weapons." fYlofJ~ ~ ../-0 -I-r. ~ c f-e.- ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTlON o MOVED TO SECOND READlNG (ordinances anI)) REVISED - 02/06/2006 COUNCIL BlLL # 1 ST reading Enactment reading ORDlNANCE # RESOLUTlON # 111 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE ST AFF REPORT DATE: TO: VIA: FROM: September 9,2008 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manager Brian J. Wilson, Chief of Police SUBJECT: Look Alike Weapon Legislation Brief Description of Issue: Airsoft weapons are of varying types and generally designed as replicas of real firearms. Amend the Assault 2 Statute (RCW 9A.36.02l) to make it a Class B felony to use or display an "airsoft" pistol or other similar looking "weapons" that appear to be a firearm or other deadly weapon. Currently, case law requires that the weapon must be capable of producing bodily harm RCW9A.36.021 needs to be amended as follows: An assault in the Second Degree is committed when the defendant intentionally assaults a law enforcement officer, who was performing official duties at the time, and commits the assault with what appears to be a firearm Backe:round: On May 10, 2008, Federal Way Police Officer Bryan Walsh encountered a vehicle prowl in progress. As Officer Walsh was pursuing the suspect on foot, the suspect pulled a pistol, later identified as an "airsoft" pistol, from his waistband, pointed it at the officer, and stated that Officer Walsh should stop following him. Officer Walsh, fearing for his life, drew his service pistol and fired two shots at the suspect, both of which missed. A standoff ensued and subsequently the suspect was taken into custody and the "airsoft" pistol was recovered. During the investigation and subsequent review by the King County Prosecutor's Office, it became evident that the charge of Assault 2nd Degree (class B felony) did not apply based on the fact the "airsoft" pistol was not a weapon capable of producing "bodily harm." The suspect's actions in our case demonstrate his intent to convey to Officer Walsh that he had a firearm, pointed at him, and wanted Officer Walsh to stop following him. The actions of the suspect required Officer Walsh to take drastic measures to discharge his firearm. The consequences were serious for both of the parties and innocent bystanders in the area. Current language in the statutes applying to robbery (displays what appears to be a firearm or other deadly weapon) would, if included in the Assault statue, enable the more appropriate charge of Assault 2nd Degree to be filed in cases such as the one involving Officer Walsh. Based on the assault statute, as currently adopted, this suspect was charged with Assault in the 3rd Degree, a class "C felony." An Assault 2nd Degree is a more serious class "B felony." 112 The Federal Way Police Department would like W ASPC support in pursuing a legislative change to the assault statue to address "airsoft" or other similar looking "weapons" that when displayed, appear to be a firearm or other deadly weapon. Case law has developed around the current assault statute requiring the weapon to be capable of producing serious bodily harm or death. An "airsoft" pistol is not capable of producing serious bodily harm. However, it is not unusual for criminals to display "airsoft" pistols to lead others to believe that they are actually firearms. Further, it is virtually impossible to distinguish an "airsoft" pistol from a real pistol without a close examination. Dan Clark, Managing Attorney of the MRJC, King County Prosecutor's Office, has expressed an interest in supporting this legislation. We are also soliciting support from our state legislators to move forward with this change to the assault statue. Action: Requesting support from Council Members to consider this as an Action to Include on Legislative Agenda 113 #> .~~~N~!!.._~~~!!~..~~~!~~___...._~=L~=Q~........._.._..__.._..__.......... ~!~~..~~......__ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ..._~..=..~............... ) SUBJECT: Maintenance plan to remove and replace cottonwood trees along West Campus Trail in preparation to repair asphalt damage on the West Campus Trail North ofSW 325th Place. POLICY QUESTION: INFORMATION ONLY PRIOR TO PUBLIC NOTICE COMMITTEE: PRHSPS MEETING DATE: Sept 9, 2008 CATEGORY: o Consent o City Council Business D Ordinance o Resolution o rzI Public Hearing Other: Information ~"!~!!~.!Q~!....!!r:.~_~~~..~~!!<:~~~1_~~~~_~_f~iI.i!i~~M~E~g~!._.. DEPT: PRCS History: West Campus Trail has sustained damage to the asphalt path from shallow roots of cottonwood trees. Damaged sections have been replaced in prior years. Over time previously pruned roots and new roots of Cottonwood trees growing farther from the trail are creating new damage and trip hazards. In addition to trail damage, adjacent property owners have requested trees be removed after sustaining damage during storms associated with trees in this greenbelt. Following a 2007 storm it was necessary for the City to remove several trees that were threatening the Campus Landing Apartments and one residence. Staff followed up by replanting the storm damaged area with more appropriate varieties of trees in an effort to maintain the existing greenbelt. Work plan: Staff presents the maintenance plan to Council Committee prior to providing information to neighboring owners and responds to any concerns by neighbors prior to beginning work. Staff will bid the tree removal and return to Council for approval if bids exceed staff authority. Contractor removes approximately 60 cottonwood trees along a section of trail north of SW 32Sth PI. Cottonwoods are not considered "Significant" trees and do not have to be replaced. However staff will replant the greenbelt with more suitable tree varieties and repair the damaged asphalt trail sections as weather allows. The approved budget for this work is in the CIP for major maintenance and has a current balance of $300,000. Attachments: Area map Options Considered: Remove most threatening trees only, but will result in further damage and repair costs to the trail. --.--.------......-....----....-...........-.........................---........--..---..........--.......--...--....................................-..-.--.---..---...........--............................-..--.............---.........................--...........-....-.......--.......--.......---...............-.---.......--- CITY MANAGER ApPROVAL: STAFF RECOMMENDATION: Information only in case Council receives comments from residents. DIRECTOR ApPROVAL: JL to Committee fYt,I( to Committee to Council To Council Committee Member COMMITTEE RECOMMENDATION: SEE A IT ACHE PROPOSED COUNCIL MOTION: Information only (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # City of Federal Way West Campus Trail Tree Trimming Area 83 S 320TH S C/) (r=---"-T ~r.J1 t; j ! T" i ! /..-..--..-..t f/l ro >- C ~ ro 3: o <:: f/l Q) -'" ~ coST ~ 8 ~4 PL r:- __ I ~( ~I ~ T-(321':\ en S 328 51 ~ 8 325 LN ~ 6 N Iii ~ ~ ~ 2 PL S Cl ro f/l ro Q) f/l OJ . . . . : s \j\J .:v .Q. .- . . . . . . . . . . . . . . . . . . . . . . . . ... CI) -' I:l. o T"'" Scale o 250 500 I I Feet Legend ~::. Detail Map Extent ........ Trails _ City Hall _ Tree Trimming Area ~ Federal Way erike Map Date: Aug, 2008 DRAFT ,~ Federal Way Parks and Facilities Division September 17, 2008 Subject: WEST CAMPUS TRAIL NOTICE To: Trail users and homeowners adjacent to the West Campus Trail This letter is to inform you of a section of trail repair work that needs to occur between SW 3251h PI and SW 320lh St. Within this area, there is a significant amount of trail damage caused from shallow tree roots. The primary tree species that is causing the problem is Cottonwood. History: In an effort to maintain the trail and green space along this corridor, the Parks Department, has in the past removed a few trees next to the trail and root pruned others. The damaged trail sections were then replaced. Over time, roots of Cottonwood trees growing farther from the trail have reached the trail, and previously pruned roots have grown back, causing new damage and safety hazards. Cottonwoods are a fast growing tree and develop large lateral limbs. These limbs and tops can break in wind storms. During a recent storm, adjacent homes and the Campus Landing Apartments incurred damaged from trees that either broke or blew over. The City took action after this 2007storm and removed several of the most threatening trees to prevent additional property damage. The Parks Department followed up by replanting tree varieties that are more suited for the conditions. Action plan: Due to limited resources, ongoing cost, tripping hazards, and future damage that are associated with these particular Cottonwood, a tree removal project is under consideration. The Parks Department is recommending taking down approximately 60 Cottonwood trees and 3 Alder trees on City property, along both sides of the trail, north of SW 3251h PI up to the retention pond near SW 320lh Street. The Parks Dept will replant the affected area this winter, with different varieties of trees that will better handle the soils and conditions. Once the trees are removed and cleaned up, the City will solicit bids to repair the asphalt trail. The goal will be to accomplish all of this work over the next 8 months. We understand that this will change the current appearance of the existing setting but over time a new and improved greenbelt will be established with more appropriate species of trees and plants. Response: The Park Department welcomes comments or suggestion as it relates to this section of trail. Responses may be sent to: FW Parks Dept, PO Box 9718 Federal WayWA, 98063-9718 or e-mail steve. ikerd@citvoffederalwav.com Thank-you for your time and interest. Should you have any further questions feel free to call me direct (253) 835-6911 Stephen Ikerd Parks & Facilities Manger CC: Council, City Manager, Cary Roe, Donna Hansen -....... ....-- - ~ L... c;;I. . 'A .l. . . IE- I 1t'....:::IIo . .lC~.:JtJ/~~.:J~l p.l S~p 16 2008 1:34PM Campus Landing Apts. 12538745321 p.l HI-VALLEY DEVELOPMENT CORP. 1310 COBURG ROAD SUITE 3 EUGENE, OREGON 97401 PHONE (541) 687-5653 F~(541)687-2397 September 16, 2008 City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 To whom it may concern: This letter is in regard to the cottonwood trees very near our Campus Landing Apartment Complex on 1 st Lane and in the greenbelt area between 320th & 330th 1st Avenue. These trees are .exttemelv hazardous to our property and the safety of our tenants. During the last windstorm, several of these trees went down and damaged our buildings and landscaping. tn addition, they have caused damage to the Bonneville Power Trail (BP trail) further endangering many citizens in our community. We feel it is our responsibility to protect not onty our property, but more ;' importantly our tenants. Therefore, we fully support the decision made by the Parks Department to remove these trees and replant with smaller more mana9~able trees. . If you have any questions regarding this matter please feel free to contact me at (541) 687-5653. Sincerely, ~ Steve Graves Vice President Campus Landing Apartrnents Hi-Valley Development c'orp -c::JIIlr""'"'-=" L-CSf 1\..1 J. rle; nF~5. 1 C::::>;.-jt:U't:::>:::J~ 1 10.2 10.2 S~P 16 2008 1:34PM Ca~pus Landing RIOts. 12538745321 . ;'. \ ~~~ :~)~I: ~/~ . ;:>\\\,I:,~t ,,~~.~~!~ ''I~:il'~' . '~. , f11't ( . ",.", ,~ ..t.- ,',\Iit' "'1 \: ,',/", ~-;' I, I.;\I~ 1 ....~ ' Campus Landing Apartment Community 9-16-2008 City of Federal Way To Whom It May Concern: This letter is in support of the Parks Department to remove the Cottonwood trees in back of our property which is located on 1st. Ln. SW. between 320th. and 330th streets. During the big wind storm of this year several trees came down, this caused damage to our buildings and landscape. with high deductibles our cost on clean up came to over $1,500.00. Please go forward with the tree cutting and replacing with trees that are better managed by the Parks department. Gary A. May Property Manager Campus Landing Apts. 32420 - 1 st Lane SW · Federal Way, WA 98023 Phone: 253-874-6305 · Fax: 253-874-5321 E-mail: campuslandingapts@earthlink.net Visit us at our website: www.campuslandingapartments.com Trees to Reconsider Before Planting JVayne K. Clatterbuck Assistant Professor Forestry, Wildlife & Fisheries Cottonwood (Populus del/aides) Hybrid Poplar (Populus spp.) Cottonwood has weak wood, shallow roots and is easily damaged in storms. This species is generally short-lived, and because of its fast growth and large size, having it removed is expensive. Leaves often drop from the tree beginning with the fITst dry period of summer and continue dropping through the fall. Cottonwood becomes a large tree quickly and is not recommended for residential settings. Hybrid poplars are frequently promoted for rapid growth as potential shade trees. These trees are not recommended as shade trees because they are short-lived and have brittle wood. Most hybrid poplars are used as windbreaks in the Midwest where droughty soils and low rainfall limit their rapid growth or in short-rotation fiber farms for pulp and paper production. DOlllla C. Fare Assistant Professor Omamelltal Horticulture & Landscape Design