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Council PKT 11-18-2008 Regular ~ Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall November 18, 2008 - 7:00 pm www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS · Proclamation: History Awareness · Proclamation: Buy and Celebrate Local · Police Chiefs City Commendation for Graham L. Malek · Certificate of Appointment: Diversity Commission · City Manager: Emerging Issues Introduction of New Employees 4. CITIZEN COMMENT PLEASE SUBMIT A PINK SLIP 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 COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments that go over 3 minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA ** Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: November 4, Special Meeting, November 4 Regular Meeting, November 5 Special Meeting -Page 6 b. Federal Way Public Schools 2009 Capital Facilities Plan & Impact Fee (LUTC 11-3-08) -Page 15 c. Pacific Hwy. South HOV Lanes Phase IV (Dash Point Rd. to S 31ih) Project - 85% Design Status Report (LUTC 11-3-08) -Page 50 d. Interlocal Agreement with Lakehaven Utility District for Design & Construction of S 356th at SR 99 Intersection Improvement Project (LUTC 11-3-08) -Page 53 e. Ordinance: Commute Trip Reduction (First reading 11-4-08) -Page 63 f. Grant Funding for Police Department Registered Sex Offender Program (PRHSP 11-6-08) - Page 169 g. Federal Way Community Center Cafe Vendor (PRHSP 11-6-08) -Page 180 11-18-2008 City Council Regular Meeting Agenda 6. PUBLIC HEARING a. 2009-2010 Proposed Biennial Budget -Page 185 7. COUNCIL BUSINESS a. Lieutenants' Association Collective Bargaining Agreement -Page 187 b. Centerstage Management Proposal for the Knutzen Family Theater -Page 214 c. Extend Bond that financed AMC Theater Site Purchase -Page 247 8. INTRODUCTION AND FIRST READING OF ORDINANCES a. 2009 Property Tax Ordinance -Page 256 9. CITY COUNCIL REPORTS 10. CITY MANAGER REPORT 11. EXECUTIVE SESSION Collective Bargaining pursuant to RCW 42.30.140(4)(b) 12. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. **In an effort to "Think Green" 4.816 sheets of paper were saved by eliminating duplicate copies of the Consent Agenda supporting documents. 11-18-2008 City Council Regular Meeting Agenda l.... <:u l.... ..c:. <:u !:: ..c:. <:u !:: ~ <:u "~ ~ :;::: "~ ;:! :;::: c3 ;:! l....' c3 t::l ~ !:: l.... ..JO:.: ~ <;.) ~ ~ ...... <:u ~ t::l Z ..JO:.: <;.) l:: ~ Q.) ~ ~ -:S ~ 00 ~ 00 ~ 0 0 ~ 0 ~ 0 Q.) 0 ~ C'l C: C'l Z ~ .: -..::f4 Q.) ~ ~ trJ Q.) ~ Q.) .8 ~ 0 ~ t3 ~ 8 - 8 ........ l.... .- Q.) l.... ~ ~ u ~ (;) <:u ~ ;.. S ..c:. ~ ~ 0 !:: ~ ;:j l.... ~ <:u 0 Z (;) .!1 CD Z 0 S .Q U 4-. ~ ;:! .~ 11.-0 8 0 & :;::: ~ ~ "" Q ;:! ~ 0 a g <:u c3 ~.cp .. ::2 < .- (;) 0 ~ U ""0 Q (;) -.: S "~ ...... -:S Q.) -5 ~ ti: ~ ~ <;.) -:S 00 ~ ~ ~ ~ ~ ~ <;.) ;>., ~ !:: ~ ..0 ~ ~ trJ >::; ~ .- ~ -:S Q.) ~ ""0 u E ~ ""0 U .8 ~ E trJ .- ~ ~ .- 0 Il) ~ trJ 0... Q trJ .- ~ Il) ~ ...c ~ ~ ~ trJ ~ ro l.... ~ <:u ..c:. ~ l.... !:: <:u <:u ..c:. ~ U !:: <:u "~ ~ :;::: ;:! .~ c3 :;::: ;:! 'Ii' c3 ~ ",' ...9 1: <;.) ;:! ;:! CQ Q <:u ";:: l:: :;::: 2S t::l ~ Item # 5.8. A F$deral Way MEETING MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING City Hall - Hylebos Room November 4,2008 - 6:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 6:00 p.m. Councilmembers Present: Mayor Dovey, Councilmembers Kochmar, Burbidge and Park. 2. COMMISSION INTERVIEWS a. Lodaina Tax Advisory Committee Diane Grabell -The Council did not interview Ms. Grabel!. b. Diversitv Commission Susan Honda -The Council conducted an interview with Ms. Honda Julio Diaz- Mr. Oiaz withdrew his application for the Diversity Commission. Therefore, the Council did not conduct an interview. 2. ADJOURNMENT Mayor Dovey adjourned the meeting at 6:30 p.m. ATTEST: Carol McNeilly, CMC, City Clerk Minutes approved by Council: City Council November 4, Special Meeting Minutes. Page 1 of 1 A Federal Way MEETING MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall November 4,2008 -7:00 pm www.cityoffed.eralway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:00 p.m. Councilmembers present: Mayor Dovey, Deputy Mayor Faison, Councilmembers Ferrell, Kochmar, Park, Burbidge and Duclos. Staff present: City Manager Neal Beets, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE H. David Kaplan led the Pledge of Allegiance. 3. PRESENTATIONS · Proclamation: Homelessness Awareness Councilmember Kochmar read the proclamation into the record. She noted the following organizations provide resources for the homeless in Federal Way; Calvary Lutheran, Federal Way Community Care-giving Network, FUSION, The Joseph Foundation, Federal Way Multi-Service Center, Reach Out, St. Vincent de Paul, South Sound Dream Center, Valley Cities Counseling and Consultation and King County. Representatives from the organizations were presented with a copy of the proclamation. · Certificate of Appointment: Planning Commission Councilmember Kochmar presented Certificates of Appointment to Commissioners who were able to attend the meeting. · City Manager Emerging Issues - None Introduction of New Employees - None 11042008 Regular Meeting Minutes Page 1 0'4 4. CITIZEN COMMENT Tiffanv RubriQht - Walmart Supercenter: Ms. Rubright reported that Walmart was making a $6,500 donation towards helping homeless residents. Councilmember Burbidge announced the noon Rotary Group is donating funds to the Reach Out organization, which is working to provide meals and shelter to homeless men in Federal Way. Robin Corak: Ms. Corak is the Education and Employment Program Director for the Federal Way Multi-Service Center. She thanked the City for their continued support of the Center and summarized the services provided to people. Nandell Palmer: Mr. Palmer spoke in support of a book titled Blessings at Your Fingertip, which focuses on the importance of father-son relationships. Jodev OdeQard. Norris Homes: Ms. Odegard reported that Norris Homes wants to move forward with the Northlake Rim Final Plat development. 5. CONSENT AGENDA a. Minutes: October 21,2008 Special and Regular Meeting b. Minutes: October 29, 2008 Study Session c. Minutes: October 30, 2008 Study Session d. Monthly Financial Report (FEDRAC 10-28-08) e. Vouchers (FEDRAC 10-28-08) f. Lake Jeane, Lake Lorene Outlet Control Improvements Project (LUTC 10-20-08) g. Resolution: Mirror Lake Highland Cottage Preliminary Plat (LUTe 10-20-08) Resolution No. 08-535 h. Resolution: Northlake Rim Final Plat (LUTC 10-20-08) Resolution No. 08-536 i. Ordinance: Outdoor Storage Containers Zoning Text Amendment (First reading 10-21-08) Ordinance No. 08-585 j. Funding the SCORE Interlocal Agreement Feasibility Study Activities (FEDRAC 10- 28-08) MOTION: DEPUTY MAYOR FAISON MOVED APPROVAL OF THE CONSENT AGENDA. COUNCILMEMBER FERRELL SECOND. VOTE: MOTION CARRIED 7-0. 11042008 Regular Meeting Minutes Page 2 of 4 6. PUBLIC HEARINGS a. 2009-2010 Proposed Biennial Budget Finance Director Tho Kraus, provided a brief presentation of the proposed 2009- 2010 Budget. Mayor Dovey called for public comment. H. David Kaplan: Mr. Kaplan encouraged the Council give careful consideration before investing $50,000 into a festival program. Councilmembers asked clarifying questions regarding proposed wage increases of staff. Hearing no further comments, Mayor Dovey closed the public hearing. b. Impact Fee Performance Audit Finance Director Tho Kraus, provided an overview of the Impact Fee Performance Audit conducted by the State Auditors Office. Mayor Dovey called for public comment. H. David Kaplan: Mr. Kaplan requested clarification between Impact fee collection and mitigation fee collection. Garrett Huffman - Master Builders Association (MBA) Mr. Huffman spoke on behalf of the MBA. The organization requested the State to audit Impact Fees due to the lack of consistency in collection procedures. The MBA supports the Auditor's recommendations. They would like to see the current processes changed so agencies do not collect the impact fees up front. 7. COUNCIL BUSINESS a. Commission Appointments - Diversity Commission MOTION: DUCLOS MOVED TO APPOINT SUSAN HONDA TO THE DIVERSITY COMMISSION TO FILL AN UNEXPIRED TERM ENDING 5-31-2009. COUNCILMEMBER FERRELL SECOND VOTE: MOTION CARRIED 7-0. 8. INTRODUCTION AND FIRST READING OF ORDINANCES a. Introduction Ordinance/Commute Trip Reduction (LUTe 10-20-08) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADOPTION OF THE CITY OF FEDERAL WAY COMMUTE TRIP REDUCTION PLAN; AMENDING CHAPTER 15, ARTICLE VII (Amending Ordinance Nos. 93-164 AND 98-313) City Clerk, Carol McNeilly read the Ordinance into the record. Senior Transportation Engineer, Sarady Long, stated this ordinance will update the City's code to reflect current state law, as well as formally adopt the City's Commute Trip Reduction Plan. 11042008 Regular Meeting Minutes Page 3 of 4 MOTION: COUNCILMEMBER KOCHMAR MOVED TO FORWARD THE ORDINANCE TO SECOND READING ON NOVEMBER 18, 2008. COUNCILMEMBER DUCLOS SECOND. VOTE: MOTION CARRIED 7-0 9. CITY COUNCIL REPORTS Councilmember Kochmar thanked Walmart for their generous donation to the Multi- Service Center and reported on upcoming committee meetings. Councilmember Duclos reported the Committee to End Homelessness has been working to implement King County's 10-Year Plan to End Homelessness Councilmember Ferrell reported on upcoming meetings as well as opportunities for the public to comment on the proposed budget. He re-capped the City's statistics on crime reduction presented at a previous meeting. Councilmember Burbidge reported on upcoming meetings. She attended an open house for FUSION transitional housing. She noted a list of human service resources that are available to residents in need is available on the City's website. Councilmember Park mentioned the START Zone Program that is available through Highline Community College to assist small business. Deputy Mayor Faison had no report. Mayor Dovey reported on an upcoming meeting with Valley Communication. 10. CITY MANAGER REPORT City Manager Neal Beets had no report. 11. ADJOURNMENT With no further business before the Council, Mayor Dovey adjourned the meeting at 8:25 p.m. ATTEST: Carol McNeilly, CMC, City Clerk 11042008 Regular Meeting Minutes Page 4 of4 A Federal Way MEETING MINUTES FEDERAL WAY CITY COUNCIL STUDY SESSION I SPECIAL MEETING Council Chambers - City Hall NOVEM BER 5, 2008 5:00 PM www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 5:05 p.m. Councilmembers present: Mayor Dovey, Deputy Mayor Faison, Councilmembers Ferrell, Kochmar, Park, Burbidge and Duclos. Staff present: City Manager Neal Beets, City Attorney Pat Richardson, City Clerk Carol McNeilly. Mayor Dovey stated prior to the departmental budgets, staff would present the Citizen Survey results as well as the Class and Compensation study. 2. PUBLIC COMMENT Joann Piauette -Ms. Piquette encouraged the Council to include development of the Performing Arts Genter in the proposed biennial budget. She noted the project was a priority in the 2006 budget. Phil Wamba - Mr. Wamba also encouraged the Council to move forward with the development of the Performing Arts Center. CITIZEN SURVEY City Manager Neal Beets stated that National Citizen Advisory conducted the citizen survey and calculated the results of 934 statistically valid responses. An additional 129 responses were received via the web-site survey. However, they are not statistically valid and were tabulated separately. The survey focused on the following areas: · Community Quality -quality of life and neighborhoods · Community Design - transportation, housing, land use and zoning, economic. sustainability November 5. 2008 City Council Special Meeting Minutes Page 1 of4 · Environmental Sustainability - cleanliness, air quality, preservation of natural areas · Recreation & Wellness - parks & recreation, culture, arts and education, health and wellness · Community Inclusiveness - sense of community, racial and cultural acceptance, senior youth and low-income services · Public Trust - cooperation in community, value of services, direction of community, citizen involvement, employees · Civic Engagement - civic activity, social engagement, public trust. Mr. Beets presented the results based on citizen input, as well as where the City ranked in comparison to 100 benchmark cities. Overall most residents consider Federal Way a good place to live, the overall quality of life was rated "excellent." Areas receiving high-ratings included; access to health services, quality of business and services, air quality, variety of housing options and acceptance of diverse backgrounds. Areas where residents feel the City needs improvements included police services, employment opportunities, preservation of natural areas, public transit services, traffic flow on major streets and availability of affordable housing. The Council discussed the survey as well as the many factors that influence results. CLASSIFICATION & COMPENSATION STUDY Human Resource Director, Mary McDougal stated Fox Lawson & Associates, LLC conducted a Classification & Compensation study earlier this year. She noted the last time this study was conducted was in 1991. Ms. McDougal reviewed the methodology used and the 21 comparison agencies included in the survey. The survey findings revealed actual salaries are 3.5% below the 50th percentile (median) salaries. Staff is recommending Council adopt a phase-in plan to bring salaries up to market comparables. The Council discussed the study and requested staff provide additional information for their consideration. Council recessed at 6:25 p.m. and reconvened at 6:33 p.m. Councilmember Kochmar was excused from the remainder of the meeting. 3. 2009-2010 PROPOSED BUDGET Department Presentations: a. City Manaqer City Manager Neal Beets reviewed the departmental organizational chart and 2007-2008 key accomplishments. The 2009-2010 recommended budget includes funding for HCC Small Business Development Center and additional staffing. Key projects for 2009-2010 include: November 5, 2008 City Council Special Meeting Minutes Page 2 014 . Downtown LIFT & Symphony . FWCC Marketing Plan . Implement new Festival Model · Improvements to City Newsletter b. Finance Finance Director Tho Kraus reviewed the departmental organizational chart and 2007-08 key accomplishments including; Unqualified Audit Opinion -14 consecutive years, GFOA CAFR Award- 1 ih consecutive submittal and GFOA Budget Presentation Award - 12th consecutive submittal. The 2009- 2010 proposed budget includes funding for increased staffing. Key projects for 2009-2010 include: . Monitor internal controls . Meeting GASB 34 Requirements c. Human Resources Mary McDougal, Director of Human Resources, reviewed the Human Services and City Clerk's Office departmental organizational chart and key accomplishments for 2007-2008. Key projects for 2009-2010 include: . Negotiate Labor Grants . Implement Class & Compensation Study . Implement timekeeping and employee self-service systems d. Information TechnoloQY Medhi Sadri, Information Technology Director, reviewed the departmental organizational chart and key accomplishments for 2007-08. Accomplishments include implementation of on-line permitting, credit card payments, safe-city camera implementation and red-light photo traffic violations. Projects for 2009-10 include: . Electronic records for Municipal Court . Timekeeping and employee self-service systems Mr. Beets reported staff provided information to address questions Council asked at the October 29 & 30, 2008 special meetings. The Council discussed funding strategies for the proposed biennial budget. The Council consensus was to start the November 18 special meeting at 5:00 p.m. to continue budget discussions. November 5, 2008 City Council Special Meeting Minutes Page 3 0/4 4. ADJOURNMENT With no further information before the Council, Mayor Dovey adjourned the meeting at 8:00 p.m. ATTEST: Carol McNeilly, CMC, City Clerk Approved by City Council: November 5, 2008 City Council Special Meeting Minutes Page 4 014 COUNCIL MEETING DATE: November 18,2008 ITEM#: 5.b. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN AND SCHOOL IMPACT FEE UPDATE POLICY QUESTION: Should the City approve the 2009 School Impact Fees? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3,2008 CATEGORY: ~ Consent o City Council Business D Ordinance o Resolution D o Public Hearing Other STA~F REpORT By: Mark Turley, Senior Financial Analyst ~ DEPT: Finance Attachments: · Memorandum · Federal Way School District 2009 Capital Facilities Plan. Options Considered: 1. Approve District's CFP and proposed impact fee for 2009. 2. Deny approval of the 2009 School Impact Fees and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Council approval of the District's CFP and proposed impact fee for2009. CITY MANAGER APPROVAL: ~~ Committee Council COMMITTEE RECOMMENDATION: Forward the Federal Way School District 2008 Capital Facilities Plan and proposed impact fee to full Council for approval with implementation of the proposed fee effective January 1,2009. ~~ /8 Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move roval of the proposed 2009 school impact fee at $4,017 per single- family unit and $1,733 per multi-family unit to be effective January 1,2009." (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 # 1sT reading Enac:tment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: November 3,2008 To: Federal Way City Council Land Use and Transportation Committee Via: Bryant Enge, ACM/CFO - From: Mark Turley, Senior Financial Analyst k \ Tho Kraus, Finance Director~ Subject: Federal Way Public Schools 2009 Capital Facilities Plan/School Impact Fee The City has received the Federal Way School District's 2009 Capital Facilities Plan with the proposed school impact fees for the City's annual review and adoption. The new fees, if approved, will be effective January 1,2009, are $4,017 per single-family unit and $1,733 per multi-family dwelling unit. This is a $134 or 3.5% increase from the $3,883 single-family rate, and $86 or 5.2% increase from the $1,647 multi-family rate. A number of variables go into the school impact fee calculation. Among them are the District's facility needs, construction costs required for schools, and the student generating factor (average students per household in elementary, middle, and high schools respectively) in new single and multi-family developments. The calculated amounts are then reduced by any state matching funds and voter approved property taxes for construction. Finally, a 50% factor is applied to eliminate imperfections in the fee calculation model. Attachments: Federal Way School District 2009 Capital Facilities Plan (the new impact fee calculation is on page 29). Committee Recommendation: Forward the draft Federal Way School District 2009 Capital Facilities Plan and proposed impact fee to full Council for approval with implementation of the proposed fee of $4,017 per single family development and $1,733 per multi-family development effective January 1,2009. '--~ i i I . t j FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN .J. BOARD OF EDUCATION r ; i Ed Barney Amye Bronson-Doherty Angela Griffin Tony Moore Suzanne Smith ; \ '1 { SUPERINTENDENT " 1.:; , ! Thomas R. Murphy 1; g ~ I t FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN , , ; SECTION 1 i " , i f i . SECTION 2 I :i --1 " . , [ ,,-'" SECTION 3 ~ ~ J ~, i,~ ") t _ii SECTION 4 .~ , ~i -\ ~, j k J l TABLE OF CONTENTS .TABLE OF CONTENTS INTRODUCTION THE CAPITAL FACILITIES PLAN Introduction Inventory of Educational Facilities Inventory of Non-Instructional Facilities Needs Forecast - Existing Facilities Needs Forecast - New Facilities Six Year Finance Plan MAPS OF DISTRICT BOUNDARIES Introduction Map - Elementary Boundaries Map - Middle school Boundaries Map - Senior High Boundaries SUPPORT DOCUMENTATION Introduction Building Capacities Portable Locations Student Forecast Capacity Summaries King County Impact Fee Calculations SUMMARY OF CHANGES FROM THE 2008 PLAN 1 I 2-3 4 5 6 7 8 9 10 11 12 13 14 15~16 17-18 19-21 22-26 27-29 30-32 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN -, INTRODUCTION - ! In response to the requirements of the State of Washington Growth Management Act (SHB 2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, City of Kent Ordinance No. 3260 effective March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way Public Schools has updated its 2008 Capital Facilities Plan as of May 2009 This Plan is scheduled for adoption by King County, the City of Kent, City of Federal Way and the City of Auburn and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not adopted a school impact fee ordinance. The City of Des Moines collects school impact fees as part of the SEP A process. -. ~ t The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers.' A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture and recreation. This Plan's estimated population growth is prepared with this underlying assumption. ~ j This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies. The District has prepared a multi phase plan for the renovation and construction of Federal Way Schools and support buildings. The Board authorized presenting the $149 million bond on May 15,2007. The bond, passed at 63.93%, will replace four elementary schools, Lakeland, Panther Lake, Sunnycrest and Valhalla and one middle school Lakota. "' ~ , ~ "\ ,;.. ~ $ Plans to replace Federal Way High School and Decatur High School and to increase capacity by approximately 400 students at each school are planned in later phases. Federal Way High School was built in 1938. It has been added onto at least 10 times and currently has an almost maze-like layout. Based on an annual 4% increase in construction cost, the estimated cost to rebuild Federal Way High School is $122 million. Because of continued construction inflation, estimated construction costs will be re- calculated prior to the next bond election. None of the cost to replace Federal Way or Decatur High School is included in the Impact Fee calculation in this Plan ; ~ 2 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN --1 ! ~ The non-instructional projects included in the plan will consolidate support services operations at a single location. The current Transportation and Maintenance facility cannot continue to meet the District needs in the future. Nutrition services and other administrative functions will also relocate to this centralized location. 1 f ~ J j. In September 2007 Woodmont Elementary School began a K-8 program by adding a 6th grade. In the 2008/09 school year W oodmont will add a ih grade to this program. In March 2008, the Board approved a second K-8 program at Nautilus Elementary School. Nautilus will begin the 2008/09 school year with K-6th grade. As the program grows there will more data available about the unique facility needs for this grade configuration. The District is opening a new school in September 2008. The Technology Access Foundation (TAF) Academy will provide a small school setting for 6th through 12th grade students. This academy is funded through a unique public/private partnership between the Technology Access Foundation and Federal Way Public Schools. The focus of the school is Science, Technology, Engineering and Math (STEM). The TAF Academy will open in September of 2008 with students in grades 6, 7 and 9. Additional grades will be added in successive years with a target population of about 350. '1 I '~ , i i t 'f 1 f .i The TAF Academy will open in a separate facility on the Totem Campus. The District will purchase and site new portables this summer to house 10 classrooms. A current modular portable structure with four classrooms will become part of the TAF facility. The impacts to capacity span middle school and high school. At full enrollment, the T AF Academy will help to lessen some of the high school capacity deficiency. The capacity increases are noted in the Capital Facilities Plan 2008/09 school year. -f ~ 1 .1 t 1 "~~ T-- ! .1 The District con,tinues to study school boundaries as new housing and fluctuating populations impact specific schools. Some shifts in boundaries may be required in the commg year. -1 ~ i ,.-Ji' ? t .--'1 ~!' ,~ J. s 3 P"Hf)"HD AT \IT ^ V DT mT Tr' C'r'Ui\i\T C' ''If\f\f\ r' A nT'T' A T T' A ,...,TT T'T'TT"'n TH .... T FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN SECTION 1 - THE CAPITAL FACILITIES PLAN l' ~ i The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools. A Financial Plan that shows expected funding for any new construction, portables and modernization listed follows this. i j " ~ -~ 11 1 ,I; ,. .. ) ~ . J 4 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN , INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS I Adelaide 1635 SW 304th Street Federal Way 98023 , Brigadoon 3601 SW 336th Street Federal Way 98023 -1 Camelot 4041 S 298th Street Auburn 98001 , Enterprise 35101 5th Avenue SW Federal Way 98023 , , . Green Gables 32607 47th Avenue SW Federal Way 98023 ~r Lake Dolloff 4200 S 308th Street Auburn 98001 i Lake Grove 303 SW 308th Street Federal Way 98023 Lakeland 35827 32nd Avenue S Auburn 98001 *-" , Mark Twain 2450 S Star Lake Road Federal Way 98003 i j Meredith Hill 5830 S 300th Street Auburn 98001 Mirror Lake 625 S 314th Street Federal Way 98003 .1 Nautilus 1000 S 289th Street Federal Way 98003 .," Olympic View 2626 SW 327th Street Federal Way 98023 \ Panther Lake 34424 1st Avenue S Federal Way 98003 ~I Rainier View 3015 S 368th Street Federal Way 98003 ; Sherwood Forest 34600 12th Avenue SW Federal Way 98023 -} Silver Lake 1310 SW 325th Place Federal Way 98023 i Star Lake 4014 S 270th Street Kent 98032 Sunnycrest 24629 42nd A venue S Kent 98032 '\ Twin Lakes 4400 SW 320th Street Federal Way 98023 , , Valhalla 27847 42nd Avenue S Auburn 98001 j Wildwood 2405 S 300th Street Federal Way 98003 r Woodmont 26454 16th Avenue S. Des Moines 98198 1 MIDDLE SCHOOLS } Federal Way Public Academy 34620 9th A venue S Federal Way 98003 " 1 Illahee 36001 1st Avenue S Federal Way 98003 i .J> Kilo 4400 S 308th Street Auburn 98001 Lakota 1415 SW 314th Street Federal Way 98023 ~ Sacajawea 1101 S Dash Point Road Federal Way 98003 ,; , . Saghalie 33914 19th Avenue SW Federal Way 98023 1 Sequoyah 3450 S 360th ST Auburn 98001 J Totem 26630 40th Ave S Kent 98032 T AF Academy 26630 40th Ave S Kent 98032 , SENIOR HIGH SCHOOLS t t Decatur 1 2800 SW 320th Street Federal Way 98023 Federal Way 30611 16th Avenue S Federal Way 98003 }'\ Thomas Jefferson 4248 S 288th Street Auburn 98001 " Todd Beamer 35999 16th Ave S Federal Way 98003 Harry S Truman 31455 28th AveS Federal Way 98003 ALTERNATIVE SCHOOLS Merit School 36001 1st Ave S Federal Way 98003 LEASED SPACES Internet Academy 32020 1st Ave S Federal Way 98003 5 ,. r i t:;'J::nr:D A T '''IT A "tT nT mT Tr'1 Cl'-'TTf"tt.r"t.T n ___" -.. .. ..................... & __ __. ___ ___~ __ _ FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES Developed Property f .-1 Administrative Building 31405 18th Avenue S Federal Way 98003 --?- MOT Site 1066 S 320th Street Federal Way 98003 t Central Kitchen 1344 S 308th Street Federal Way 98003 J Federal Way Memorial Field 1300 S 308th Street Federal Way 98003 " r f Leased Space ! J -" Community Resource Center 1813 S Commons Federal Way 98003 i * Available Office Space 30819 14th Ave S Federal Way 98003 1 I Site'# I J ~ 75 [ 65 -$ 60 -.. 73 ~ 71 , i 82 , 74 f l 96 f. , 81 r Ie 1 Ii "\ [ , ~'1 ') -> ;$ Undeveloped Property Location SW 360th Street & 3rd Avenue SW - 9.2 Acres S 351st Street & 52nd Avenue S - 8.8 Acres E of 10th Avenue SW - SW 334th & SW 335th Streets - 10.04 Acres N ofSW 320th and east of 45th PL SW - 23.45 Acres S 344th Street & 46th Avenue S - 17.47 Acres 1 st Way S and S 3420d St - Minimal acreage 3737 S 360th St - 47.13 Acres (Part of this site is being used for Sequoyah Middle School) S 308th St and 14th Ave S -.36 Acres S 3320d St and 9th Ave S - 20 Acres Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. 6 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN NEEDS FORECAST - EXISTING FACILITIES 1- EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Purchase and Relocate Interim Capacity Anticipated source of funds is Portables Impact Fees. Elementary Schools: Replace Existing Buildings V oter approved bonds. Lakeland, Panther Lake, Increase capacity at Lakeland, Sunnycrest and Valhalla Panther Lake, Sunnycrest and Valhalla by a total of 200 seats Lakota Middle School Replace Existing Building Voter approved bonds Federal Way High School Replace Existing Building, Future bond authorization Increase Capacity Decatur High School Replace Existing Building, Future bond authorization. Increase Capacity ..i The District is also planning the replacement of some non-instructional facilities. The District has purchased 20 acres (Site #81) for construction of consolidated facilities for support services functions. Transportation, Nutrition Services, Maintenance and other non-instructional functions will be housed at this centralized location. 1; i ; r } As part of the multi phase plan, the District intends to increase capacity for high school students with expansion at the Decatur High School site. Increased capacity at Federal Way High and at Decatur High in later phases supplant the need for construction of a fifth comprehensive high school. ( _:i- .< ~;:; 7 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN r ~... NEEDS FORECAST - ADDITIONAL FACILITIES ......-. , \ } NEW FACILITY LOCATION ANTICIPATED SOURCE OF FUNDS -', , I I I . l No current plans for additional facilities. -1 I ! 'I i . . 1 ~ ...1 "'" } l .) '-1' ~ ~ .) , i "l I _Ji .. ~ ~ ~ -r ? ! j 8 1 t 1 i Z 1 ~ ......:l 1 A-. CZl I ~ J f-< - 1 ......:l - t U ~ ~ ......:l ~ f-< J - A-. 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S ~ ~ "5..] ~ (i3 C < c~:>-. ;:;.a:g .;.~ g.~~ c:13~-gu"OO~ o-;;.9cag-~f,flC: 8 ~ '" -g Ci. II 3 -;; >. c: lU C 0 11) In U :; ~- aI~V.J:l~~.s::::E ]oo~~~~;:-gE ]-g~~~~~&.~ o ai a.u 0 ~ e ~ 3 .~ .5 .~ -a "e' ~ .!! >,.".::: e as U') 0.. fI) ..0 t'3auo"Qcuut! .!! .!! ~ ~ ~ : ~ &. :E:E'; n-~ iG ~ ~ f-!-alS6:IS!5f- 0"1 o 'u '" 0. '" " " oS :: vi ...0""':000\ J;'pnPD A T 'IT A V DT mT Tr' C'r'UAAT C' ,,)f\f\f\ 0 A nT'T' AT T:' A nTT T'T'TT'l' TH ..... T FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN SECTION 2 - MAPS OF DISTRICT BOUNDARIES ~ Federal Way Public Schools (the District) has twenty-one elementary schools (grades K- 5), two schools with a K-8 grade configuration, seven middle school schools (grades 6-8), five senior high schools (grades 09-12). The Federal Way Public Academy serves students in grades 6 -10. The Internet Academy serves grades K-12 and the TAF Academy will serve students in grades 6-12. The T AF Academy serves students in the Totem Middle School service area in grades 6-12. The following maps show the service area boundaries for each school, by school type. (Harry S. Truman High School, Merit School, Internet Academy and Federal Way Public Academy serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs that affect school populations may necessitate a change in school service areas. "".'Y -.", ! i . i J The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. '- 1 '-1- , ~. if: .' -y , , ...!J Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. l' J It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. .1 0-4 10 ELEMENTARY SCHOOL BOUNDARIES '11 --( - \ Federal Way Public Schools I &<1)' Sludau, · R.adcr - - . ELEMENTARY SCHOOLS MIDDLE SCHOOLS ,) Code _ . Code - . 1 Adelaide C-6 30 01...... E-9 2 Brtgadoon B.8 31 Kilo G-6 i 3 Camelot G-S 32 lakota 0-6 , , 4 Enterprtse 0-9 33 Sacajaw... E-5 ( 5 Gnlen Gables A-7 34 Sagllalle C-8 8 lake Dolloff G-6 35 Tol8m G-3 7 lake Grove 0-6 30 Federal Wa, Pub"" Academ, E-8 8 L8lteland E-' 9 Mark Twain F-4 , 10 ........'" Hill H-S SENIOR HIGH SCHOOLS ( -It MInor lake E-8 12 HaIlU.... E-5 Code - . 13 OlympIc VIew C-7 14 Plfllher lake E" 40 Decatur C-6 15 R81n1er VIew F-l0 41 Fedend Way E-5 11 Sherwood Forest D-8 42 Thomas Jelfefson G-4 17 SlverL8lte D-7 45 Todd Beamer E-9 [ 18 Star Lal<e G-3 49 Hally S. TAlman F-6 It Sunny<:oest G-2 28 T_ Lalces B-6 , 21 Valhalla G-4 22 WIldwood F-5 Future School Sites _ &1 ,j 23 Woodmont F-3 Surplus Sites -$;1 Educatlonal SeMce Center - , 81 F-6 - , 85 Malntenance-operatlons-Transportation E-8 - Code - . 4 E F -- "-_ G J H ,m m\n~s: ~I/-::::~------~~.___m;::_-L ~ \.:-~ -i~' ~ ;~!':.' ~(...- i L., - ~:~t.~ .. < _ ., I : -', i. .~. i ~-Wif!~il~i~' 1 . .~. ~/. -t- .,.. · I !II ~ l[ It It ::.a.;a ~ oM>" .. ~I . ! I ~ ~Ijj ~. _ ,~ ~.'~ ; \~ilU EQ ==:\'1.:. -; \. f ~~:.1 =i~_:~""~-~'" i ~. 1IIiJ~., _ I. .. 1 "'. ~ ~~~Id~~ .;' .. "J ! i~~,: .~ /... .. ._.!~ 5 i j i' ~'~f~.~- r -, ~~I': .;j' '. " 1:5_'" i; .1.. -... ~ f -;;~ ; . · . S07... _ . \'! _ !' .~ 9 -~~~ p1'".:,;: ...., <<: i s ~~, ~ .. r-~.S'~l~~-..I'P-~'~ __~ i '. :"l~ . n.;':.;; J~ r~' D"i' ~ ._ . ~. ~ 1 'o:".;t i~ ; 4- ~i - . .1~b.1 ~ . -.. ~..~. - -; j 2 L~""'''''''''''~~flIr'''''", -.....................6Md.--............ ......-......-...........--.......- ....11 _i ,l Parks - - ~~. s'~"-. ", ". _- _ I~_ .'. ') · ! r-;r_~ ~':.. - \~- . '-' ;t.-- ~~ ~ _! A I B I c ~. ..-:.... ~ -:;::-V. t ~ ~ ~n' ,."FEDERAL WAY.. WASHINGTON and VIC~N"-Y ~~ ,\~ ( - -. ": -:... 33 _ _' u _ .... I I I'. ~! - -' . '-.":! ~ SOUND .: :-=11 ~~ I' ';1'; """"" -: - '-.: '. ~:: ':~'!1 ' '~'. 1.,,: _ rIa. _..11 - _._.... .:: ._. ;, .- ~'-~~~-EJ S__ ... ....i ~ ';~'-,j : I ~..~ .~~~ !"':'.,oI' ~. 41 -. (~~;;:.; . .~.~ . 31. _. I - L' ..J- ~~ 4 ~."""'" II\. '\J::iJ - - 7 . _.~. . ! '-'~~:~ ~ "" . l' :_,p...... .' -_.',..j~ -~~" 'lr/<: Is-,,: i:;. :r~ I" .' . , '-'\~B---' IiK · "'f"" .'ifU""" ,~... -. ._. ~~.' .;r '.- ---;" .q._~ . ~ $;t ",' ...7 ~!: -,0~ -' . I.. . -.f1'. .~. ~ .' . .......... -~ -.. ~ - ...:~32 · ::::- .~~. - . ~ ~_ ." t ~ ir.;t ..... '_ ...,'.::::=:-= '~:""';. f13. .- i ==~ __a . - ... -.-- ~ ~ - - l)~;!, :-0- 1 ~ . :,,:' .... ._ j, . :~. _-::- ~' '. 40 t t,,_ .~; ._- "':- "~'I:ol" I!!l, ~ !'::I:.,.." s_.. }'~.~ i!i A l.Z~ff~:" ".':~' ~- ~~~. .;' ,_. -" ~t~~.. ~LF:;-:.a~ ~~:.~;. J ~\ -"7=Y1. :' / S~ ~ 3!. '~I:q~~"i~ j"-'r-" t- "'i'~ .i 7.. ":,":'~: .' 'C' _ f'~ i t~:< I . ~"'~'-'" 1 If .....~:)' ,f,. -- · ! 0<': - . ~~: ~~ '-'.... --!- . 7 ... .... =. ~.!Y~-., ~~s \a.:,.. . .~~~~ '~_"~ _. :"_ . ~ -, ;;\B' , .'. ., -, ' .;~ ~i -'''';J ;~ L-3.." .'.L(."':'J~ II . .-., . - #':!.l ~':') ~ i. .~ -.Jj. f HU....."'.. ,. . !i 1. ~ w.~ E y 1981_ ""'~. -- - i r':~:; .,'";::.. 1] ~I '" 1ii1.~;-' L..~ ,--~.*a~ ~_~.11 \" ~8 ~ I ...- e~"'''- ~I:!J -=:~ ./ir;j4.,.. . "~/.:';;'I--;' ~_ .l · ! E::::. ~I . i:= ~ Nt.. ~ I . . .' ~: : : ~ - ... - . .: ~ ~ .J ~1:1 I" I S. 4 .._ · ;: ""'- 0: s. . a ;: , .. · . ..... I+-- ,,~..... ~:..!. .. '" - '. >7t "3. ~a . I ~-'~~I' - ~.~ -H~ t. ,1''''/ ? - -':::"J.-1." 1 'J -". ... : S S:J$UI _JL' _ 8 X ;: . 4 r I ~"'q iii .... - .. " ~.* ...... .__ I # ... 9 , r>' .... . .So ~~"'r 45 .... 9 , " ..f, . !!!J3O ""7 . . -. ~. i1~'~, "'....- '(to "~J~'! ".Ill ,...... ~ -"."." G' __ ...:. . I..... ".. I '\ E-=!I:!!llo 1- ~ "': ~ ~ . .'J.. ,~fijlil;.~ ,I iU, ~ .~- "'. , '"",ii . ~.: . i'" <// '~":!..*"..: ~ : ~<. ~; :! l:t'~ 15 ~, ~l . . :- ~ .., w; i .. (J ... ~ ....... , . "rC; ... ~ JlI _ :rMSI Lj 1~'" , . D ,F .._..~ 51 . ... .:... ~... ..... rl):. q --LWI~ ,,~-!t ;.a_. -"- .~ ... ~Ji:j :-.. ---+- I'~ ' '" . '.:~... ttTJf. "~K F d I W P br Sch I : 10 .... . _~. ~ _ ~1 . /; fi 1!- 10 'e era ay U IC 005 i ~ ~,C~ ~ i: r'l\I. ...... _ -'~~ " ~. Every Student, a Rctder Iff "'LTON". ~ ~ _. j"' ............... . i K", cJ.. ~ j...... _ 94S-JOIt t.__ CJn'''_U MIlTON I '..ce ".'- ...SO~............. _ 11 E F G -r - H 42 ;_ . S28!l - ; . ~Ir" r ~JI!- l~ . l! .. 8I~. ~r- oS . t t... ~-L' ~I ..... :1 ... . . . .. - -"' ._~~ . 6. r \ I ..........-... ..-- -'.Z3lWI"'" ---... -",....,. ~..-,.oltNo...... ,; . """- ~ "'"'*'OX..$C4UINMh.U ~ ~ '''IIIJULE: '=il,;HUOL BOUNDARn=~ MIDDLE SCHOOL BOUNDARIES r. . 1('--13 Federal Way Public Schools I- EvayStudenr..Radcr .... . E~ENTARYSCHOOLS MIDDLE SCHOOLS -1 I ~ J ..IF ., ~ ~ HIGH SCHOOL BOUNDARIES ~l.~ 1 (r.---. Federal Way Public Schools , I' . . . Evely SnxIcnr, · &adcr r f ~ ELEMENTARY SCHOOLS H , j ~ ~ FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN -1 SECTION 3 - SUPPORT DOCUMENTATION ..1 Building Capacities - The Education Program j Portable Locations "', [ 1 Student Forecast - 2009 through 2015 -"l ! I j Capacity Summaries t ! f _.j King County Impact Fees - Single and Multi Family Units . . ~ ! i .-$ 1 ~ 'I ...i .., ~ I J 1 I I ..." ."" , t ! "' "} { J ~l i j .J' _i ~: 14 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN Building Capacities ~ f , 1 This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. } t ._~. In general, the District's current target class size provides that the average class size for a standard classroom for grades K through 2 should be 20 students. In grades 3-5 the target is 25 students. For grades six to 12 the target class size is 26 students. Classrooms for students with Individualized Education Program (Special Education) needs are calculated at 12 seats per classroom. Using the OSPI square footage calculation as a base line, the District has calculated a program capacity for all schools. The following list clarifies the adjustments to the OSPI calculation. Music Rooms: Each elementary school requires a standard classroom for music instruction. 1 t } All Day Kindergarten: Every elementary school operates at least one all day Kindergarten program. These all day Kindergarten program require additional capacity because the standard classroom is available for one all day session rather than two half day sessions. The District will operate 44 sections of all day Kindergarten in 2008/09 1 t I J Special Education Resource Rooms: Each elementary and middle school requires the use ofa standard classroom(s) for special education students requiring instruction to address specific disabilities l English as a Second Language Programs: Each elementary, middle school and high school requires the use of a standard classroom for students learning English as a second language. " ~ 3 Middle School Computer Labs: Each middle school has computer labs. High School Career Development and Learning Center (Resource) Room: Each high school provides special education resource room and career development classrooms for students requiring instruction to address specific disabilities. 15 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN , BUILDING PROGRAM CAPACITIES -1 1 ELEMENT ARY BUILDING PROGRAM CAPACITY , ~ School Name Headcount Adelaide 349 Brigadoon 312 Camelot 234 En terprise 443 Green Gables 474 Lake Dolloff 395 Lake Grove 324 Lakeland 377 Mark Twain 321 Meredith Hill 475 M irro r Lake . 331 Nautilus 353 Olympic View 333 Panther Lake 422 Rainier View 429 Sherwood Forest 408 Silver Lake 421 Star Lake 367 Sunnycrest 354 Twin Lakes 308 Valhalla 352 Wildwood 333 W oodmont 347 12008 TOTAL 8,462 ..1 t 1 ~ i ! f 1 ~ , j 1 J -. , f 3, l ~ .i IElementary Average 368 2 Notes: * Federal Way Public Academy capacity is not used in ,- calculated average. * Truman High School capacity is not used in calculated average. MIDDLE SCHOOL BUILDING PROGRAM CAP ACITY School Name Headcount FTE lIIahee 840 848 Kilo 858 867 Lakota 764 772 Sacajawea 660 667 Saghalie 774 782 SeQuoyah 601 607 Totem 701 708 Federal Way Public Academy 200 202 2008 TOTAL 5,398 5,453 I * Middle School Average 743 750 SENIOR HIGH BUILDING PROGRAM CAP ACITY School Name Headcount FTE Decatur 1316 1,393 Federal Way 1432 1,515 Thomas Jefferson 1386 1,467 Todd Beamer 1121 1,186 Truman High School 173 183 Federal Way Public Academy 133 141 2008 TOTAL 5,561 5,885 I*Senior High Average 1,314 1,390 16 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN Portable Locations "'1 The Washington State Constitution requires the State to provide each student a basic education. It is not an efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. , ; I i Portables are used as temporary facilities or interim measures to house students when in~reasing population impacts a school attendance area. Portables may also be required to house students when new or changing programs require additional capacity. They also provide temporary housing for students until permanent facilities can be financed and constructed.. When permanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables. It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. '1 ; ! } -, r j -~ ! < j '1 , J j The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools. i i l; ,~I 'J ~ J ", , ! --" ..,. i 1 ",.i , < ~ '.._~ 1 ~-~ ...J - -~ ; I .j 17 ~T"""T""IIo.T"""'Y"to ...... "".... __ _ __ _ _ _ _ __ _ FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS ~~'1 ; ~ -} PORTABLES LOCATED AT ELEMENTARY SCHOOLS -1 J NON INSTRUCTIONAL INS TRUCTIONAL Adelaide 2 1 Bri~adoon 1 Camelot 1 Enterprise 2 1 Green Gab les 1 Lake Dolloff 1 1 Lake Grove 2 Lakeland 2 Mark Twain 3 Meredith Hill 3 M irro r Lake 3 1 Nautilus 1 o Iy mp ic View 2 Pan th er Lake 3 Rainier View 2 1 Sherwood Forest 4 Silver Lake 2 2 Star Lake 2 2 Sunnycrest 1 1 Twin Lakes 2 1 Valhalla. 1 1 Wildwood 4 W oodmont 3 TOTAL 47 13 -r i -1 ( j 1 , , i j 1 i ! i ,( " , f I 1: i' PORTABLES LOCATED AT MIDDLE SCHOOLS NON INS TRUCTIONA L INSTRUCTIONAL IIlahee 3 Kilo 6 1 Lakota 3 Sacajawea 4 Saghalie 4 Totem S Merit 2 TAF Academy 10 1 34 S 18 PORTABLES LOCATED AT SENIOR HIGHS NON INSTRUCTIONAL INSTRUCTIONAL Decatur 9 Federal Way 2 1 Thomas Jefferson 7 Todd Beamer 7 1 TOTAL 2S 2 PORTABLES LOCATED AT SUPPORT FACILITIES IMOT ~~~AL 1 S 6 I HEAD START PORTABLES AT DISTRICT SITES Sherwood Forest 1 Total 1 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN Student Forecast -"f i ! ! Student enrollment projections <lfe a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. -l~ i .i Enrollment projections are completed annually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students. --, i i J .1 The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. IIi a stable population the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. This method does not trace individual students; it is concerned with aggregate munbers in each grade level. The district has used this method with varying years of history and weighted factors to study several projections. Because transfers in and out of the school system are common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. "} ~ 1 -1 1 , I .~ , t 1 J ....,. l l J The Federal Way School District is using various statistical methods for projecting student enrollments. The resultant forecasted enrollments are evaluated below. -~ i J The first method is a statistical cohort analysis that produces ten distinct forecasts. These are forecast of enrollment for one year. The projections vary depending on the number of years of historical information and how they are weighted. f , ! j A second method is a projection using an enrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment Master™ software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods. This software produces a five-year projection of school enrollment. I ..- ! In December 2006, the District contracted a demographer to develop projections for the Federal Way School District. The report was complete in January 2007. The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade growth, assumes market share losses to private schools (consistent with county-wide average), assumes growth from new housing or losses due to net losses from migration. This forecast was provided as a range of three projections. The long-range forecast provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5-19 age group for King County. Most of the methods used for long range enrollment reporting assume that enrollment is a constant percent of 19 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN } ., something else (e.g. population) or that enrollment will mirror some projected trend for the school-age population over time. The report included 5 different calculations to provide a range of possible projections for the District to the year 2015. This model produces a projection that is between 23,000 and 24,000 when applied to the low, medium. and high range modes. This provides a reasonable range for long-range planning and is consistent with estimates from various models. ., } ~..",", ~- Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections are studied annually. The study includes information from the jurisdictional demographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington. ._\ ! i i , $ Near term projections assume some growth from new housing, which is offset by current local economic conditions. The District tracks new development from five permitting jurisdictions. Long range planning assumes a student yield from proposed new housing consist~nt with historical growth patterns. ", , , 1 1 , 1 Growth Management requires jurisdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions comprising the school district geography. These projections create a vision of the school district community in the future. 1 l ..1 ... ~ ~- , r f .}t- f ~- J i ~ 20 ~.. ! t ! '-1 ~ .J '''--1. [ ..1 ,') I , ,j "'1 , i ..1 -, t ~.1 'l , J 1 , ~J -1 ~ 3 .~_Ji1 -i i J -, t ~ ,.1 J i .J I \ > .... '--) ,j FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN Full Time Equivalent Enrollment History and Projections Simplified FTE (K Headcount = .5 FTE; Middle School FTE=.99 Headcount; Senior High FTE = .945Headcount) Total K-12 Percent Calendar Yr School Year Elementary Middle School Senior High FTE Change 2003 2002-03 11,202 5,454 4,437 21,093 2004 * 2003-04 9,127 5,524 6,408 21,059 -0.2% 2005 2004-05 9,164 5,473 6,515 21,152 0.4% 2006 2005-06 9,105 5,309 6,770 21,184 0.2% 2007 2006-07 9,022 5,261 6,754 21,037 -0.7% 2008 2007-08 8,912 5,167 6,637 20,716 -1.5% 2009 B2008-09 8,875 5,165 6, 707 / 20,746 0.1% 2010 P2009-10 8,903 5,194 6,685 ' 20,782 0.2% 2011 P2010-11 8,952 5,120 6,797 <' 20,869 0.4% 2012 n011-12 9,113 5,085 6,785 / 20,983 0.5% 2013 nOl2-l3 9,208 5,037 6,760 21,005 0.1% 2014 P20l3-14 9,312 5,011 6,765 21,088 0.4% 2015 n014-15 9,399 5,055 6,720 21,174 0.4% * New Configuralio Elementary K-5 Middle School 6-8 High SchooI9-l2 22,000 Enrollment History and Six Year Forecast 1.0% 21,000 0.5% 20,000 C 0.0% ::J 0 u 19,000 CI) '0 In ." ." QI -0.5% I!! :r: u ... -= QI 18,000 .a ~ .s 0 u 0 -1.0% 17,000 16,000 -1.5% 15,000 -2.0% ~ ~ ~ ~ ~ ~ ~ -<) -<) -<) -<) -<) -<) ~ ~ v ~ <a- ~ ~ '"b ~ ~ ~ ~ ~ l7 <?9 '0 ~ ~ ~ ;? <?" b ~ ~ ~ ~ CP l7 l7 c:a, :0 '.? ~ ~ '.? ~ -? l7 School Year _FTE -+- Percent of Change 21 FEDERAL WAY PUBUC SCHOOLS 2009 CAPITAL FACILITIES PLAN Capacity Summaries At! Grades. Elementary, Middle School, and Senior High Schools The Capacity Summaries combine Building Capacity information and, the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, middle school, and senior high levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. 22 T"....................--.r"Io . r ...~... _.. _____ ___ _ _____ _ _ FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN CAPACITY S UMMAR\' - ALL GRADES CAPACITY BUILDING PROGRA M HEADCOUNT CAPAClTY Calendar Year School Year Budget - - Projected - - 2009 20 10 2011 2012 2013 2014 2015 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 '; ',~_,_~ -~-;~~-7'",.',' ",: 19,421 19,621 Add orsubtractchanges to capacity ~':, "-'.,'.?, Increase Capacity, Lakeland. Panther Lake Sunnycrest and Valhalla BiJil Wi~;'i;llkt ;~;;~il;;~ Adjusted Program Headcount Capacity :{JRK2~~il!ii.~fi)J!~ffg'r~mcvtIg;Gip'~Qt~Y'.~' . 19,421 19,521 19,521 19,621 19,621 19,621 19,621 1.9,8. o. if, . ..f9.....,9llO.. 19900. :2.':(i....,0....:QQ....',.~. Q,{iQ..Q.;; ;..ZQ.'"cQQQ'L.......g.ti.',i&.tiO... .... . .... . .7.I~::':'T.. .... . ..... ..... '. ,. ..... .' ..~ ~NROLLMENT Basic FTE Enrollment Internet Academ Enrollment (AAFT~) 21,005 21,088 . "-"'"'' "SURPLUS ~R {~Ho.US ED)_.._ ;~?'~":.%1:;.".-t.0l1~1~fr{\\T~"F?i::;Dff~l!nl~'-..., tELOe..\. TABLE CAPACITY Current Portable Capacity Deduct Portable Capacity Add New Portable Capacity 23 I""" r-- r, ,..-, r... . ',. ...... _ _ '" _ _ __ _ _ __ _. _ FEDERAL WAY PUBUC SCHOOLS 2009 CAPITAL FACfUTfES PLAN CAPACITY SUMMARY - ELEMENTARY SCHOOLS CAPACITY BUlLDlNG PROGRAM HEAD COUNT CAPACITY Budget Projected - - Calendar Year 2009 2010 2011 2012 2013 2014 2015 School Year 2008/09 2009/10 20 10/11 2011112 2012/13 2013/14 2014/15 8,462 8,462 8,562 8,562 8,662 8,662 8,662 ~~... ,,-_'1:'.,_.':',-. '. .-' -- '., "" ~ .:...,....' ,.>:;-. ~j<.-.-. :..-:"~J ~:~>--:. -.: '.r:."~~'~~.~~;-~:~ '~~~_:~C-~("~:~;~_l:: ENROLLMENT Basic FTE Enrollment 2. Internet Academy (AAFTE) 8,875 8,903 36 36 ~!~4~~if'~, RELOCATA8LE CAPACITY 3. Current Portable Capacity Remove out of service portables trom Wildwood and Camelot Add portable capacity to Camelot Add ortable ca acit to Wildwood from Thomas Jeffers SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE NOTES: ,~!t~':i~f'4fk~~~l~~~..~r~::v"'k !?'t.,*u.~~?j',;i~t;;,a;mk$,f.;i I. Increase Capacity at Lakeland, Panther Lake, Sunnycrest and Valhalla 2. Internet Academy students are included in projections but do not require full time use of school facilities. 3. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 24 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPfTAL FACfUTfES PLAN CAPACITY SUMMARY - MmDLE SCHOOLS CAP ACHY BU[LDING PROGRAM HEADCOUNT CAPACITY Calendar Year School Year Budget - - Projected - - 2009 2010 2011 2012 2013 2014 2015 2008/09 2009/to 2010/11 2011112 2012/13 2013/14 2014/15 ENROLLMENT Basic FTE Enrollment 5 , 165 5 I 94 5 I 20 5 .08 5 5 ,03 7 5 ,0 I I 5 ,05 5 I [nteruet Academy (AAFTE) 74 7 4 74 74 74 74 74 {F?~"Il~!~:;t'(~i!f~r~ll~~~J1gyt.;W~~~,l~~~~my;:;" .<>-.:;:>,:;~~~ ,5,0.46 5;0(1 .,', " ;4~2~I.. .-,.,~ '.'i' '.']If} .",". RELOCA TABLE CAPAClTY L Current Portable Capacity Add/Subtract portable capacity Add new portable capacity T AF Academy 600 650 650 650 650 650 650 NOTES: l. [nternet Academy students are included in projections but do not require full time use of school facilities. 2. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will detennine feasibility for continued instructional use. 25 FEDERAL WAY PUBUC SCHOOLS 2009 CAPITAL F ACIUTIES PLAN CAPAC[TY SUMMARY - SENIOR mGH SCHOOLS CAP ACITY BUlLOING PROGRAM HEADCOUNT CAPACITY Calendar Year School Year Budget Projected _ _ 2009 20lO 2011 2012 2013 2014 2015 2008/09 2009/10 2010/11 2011112 20[2/13 2013/[4 2014/15 ENROLLMENT Basic FTE Enrollment I. lnternet Academy (AAFTE) RELOCATABLE CAPAC[TY 2. Current Portable Capacity 625 900 900 900 900 900 900 Subtract portable capacity - move to Wildwood Add portable capacity at T1 Add portable capacity at TAF Academy NOTES: I. lnternet Academy students are included in projections but do not require full time use of school facilities. 2. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until pennanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 3. Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classrooms. Puget Sound Early College will house approximately 60 of the unhoused students. 26 FEDERAL WAY PUBUC SCHOOLS 2009 CAPlTAL F AClUTlES PLAN King County, the City of Federal Way. and the City of Kent lmpact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To detennine an equitable fee throughout unincorporated King County, a fonnula was established. This fonnula can be found in King County Code 2lA and was substantially adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS Federal Way Public Schools student generation factor was determined separately for single-family units and multi-family units. The factors used in the 2007 Capital Facilities Plan were derived using actual generation factors from single-family units that were constructed in the last fi ve.c 5) years. - IMPACT FEE CALCULATlON Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the Growth Management Act. > Temporary Facility Cost is the average cost of a portable purchased within the last l2 months. Plan Yea r 2009 Plan Year 2008 Single Family Units Multi-Family Units $4,017 $1,733 $3.883 $ 1,647 27 z ~ ~ p.. CZl ~ >-< E-< >-< ~ >--< ~ m ~ p.. >-- -< ~ ......l d U-l Q UJ u.. on 5~ _0 f-;;2 ~p. '" Z z- UlZ QO f-[:: zu U1~ Q~ ::Jf- ~~ ,-., ':J :s u.J z [/J ~ Ul >- !l.!~~~9~~QQj~Q;; C I"G 1II ...u o ::J 1-... en OOI'--(!)MVOI'--O::>Vr- ug~~~~g~~g:?i l1Ir--r--r--Illr-O::>Or--(!)o::> U.OOOOr-Or-OOO .c 01_ j;;O:=~~~~gN~~~ L.."OUr-Nr-m'l;f"'tt"COtt)OlN ~::JI"GNr-r-r-VNNC\lMM c-u.ciooooocicicici lIIen en o o .cc ~lIIomb~~ffig;g~~;::: UUIllr--r--o::>r--C\lIllOlC\lO cu:J:CU~'r'r"aNN('\Ir"Or" 'O(j) u.ci 0 cicicicicici cio :E :E ~- S c c CII CII"O E.:! lIIen iij o~ane:B~g~~;:!:~ uMM(!)VVVIllr--..--C\l l1IMVMC\lVMIllC"!C\lV U.OOOOOOOOOO ::: ~ ~ .... QJ ::: QJ o _.c o 01 I/) Q; ~ C .c....lIIOl E .2 -g ..- ::J c_ z:;en 1ll~~~~~~~0l~ '0 'O,g!!! .... 0 c l:cnCb~r--~~oo~~~r"('l")~ E~-g . ::J "0 ... Z!!en :E .... ::: ~ '" :::l .... rn B E '" ~ QJ en ::: (;5 - >- ~ :a 1II C .c CII E E ::J 1II ziij I/) C lIIOO::>Ill UM.-N 3 en r-l"'lI'--MIllOC\l;:!: vr-,-q--<D-r-r-N - >- ~ E g CII 111._ .cu.=00000000000 E-i;~ ::J3o z:E >- oE~ ~ 111 C .cu.=Or-o::>lllmoo::>Ol(!)<X)V ECllGiOlV(!)~C\lIllr--~VC\l~ ::Jm3: z.E 0 en - - - o Z ~ \ <( ~2 ~ 0 On..I~-c", COI~-g "0 (Il CII IT:; C 0 .J.-a....... lII+::.~Q)"O WO:::Q)S~CllcSO:::;nQ) > III Q) iii 0'= ell(/) Q)'-'O::: w-'>C:....W.....c...JQ)-'<:IiI_ O~~ell..c~"O=ell....(Il .s::. c="O O'-'>L: Q) II) t:=~o>.cct:E:t: ooogCII~(IlO:::l.2 Z()()>OOOZIal <X) <X) r-- ...... (!) (!) III III V P~. 000000000_ :~. .'If 'If ('l. Ci :~: C'Q. ~ ...... "d <10: :~ :("). Q: c o ;; III .... III Cii C .. III o 0 I- .. c CII "0 ::J .. en N <D N <D C'Q r-- 9 Cii~o~~ to 1M ... 5~B~~ o-g~~~ I-;nu.oo to ClO t-. N c) .c 01_ j;;om~ ....uuv<X) ~::J1ll0..-- ;(j)u.cici en << :<:1": en Q Ci '0 o .cC....("')M uCIIOr--r-- en"OuMO CII::JIllO..-- 'O(j)u.oci :E :E r N <D o q ~.. Sco~~ ;~u""M E.:!ell"":"": Genu.co iij N ~ .... Q ::: .g ~ .... QJ ::: QJ o _.c o 01 !II :03:1: .c....CIII{)Nr-- E~-g"--MV ::J c_ z:;en '0 'O,g!!! .... u C l:enCII~~..- E~-g" C'Q ::J "0 - Z!!en :E ..... ::: Q,j ~ :::l .... rn ~ E ~ t1;., co N o ~(I) Ill_ ....-c: l:;Cllr--vr- EE-gMN(!) ::J CII- Ziijen ... - :; - >- 0:: ~ .... E C 1II1"G._Nr--0l .cU.=Nr--Ol E~CIIM..--v ::J ~ 3: ziO >- 0=. .... ~ g l:u.::coo E CII CII ::Jm3: zcO Cii C t- 0 zc: ;; ~ ~ :u n.. fij iii 5i 00 00 uf ~ d!!, l- .. > (jj I ~' ~ Well= '0 o CII> ::J n..Q) (j) ~~ I~ -'<: Iii 0 oE ...Jal FEDERAL WAY PUBLIC SCHOOLS 2009 CAPlTAL FAClLITlES PLAN [MPACT FEE School Site Acquisition Cost: Facility Cost I Facility Student Factor Student Factor Cost! Costl Elementary Middle School Sr High Acreage Acre Capacity SFR MFR SFR MFR 0.3285 0.1222 $0 $0 0.1631 0.0621 $0 $0 0.2446 0.094:! $0 $0 TOTAL $0 $0 S choot' Cons truction Cos t: % Perm fac./ facility Facility Student factor Student factor Cost/ Cost/ Elementary Middle School Sr High Total SQ Ft Cost Capacit~. SFR MfR SfR MfR 9681% m.J2.:.~~?~.~~.. 200 0.3285 0.1222 $14,470 $5,383 .. n... _.... _...... __..nunn__u. n_..nuh................_ ................-.........-.. .....n....nn.__nnu.... 0.1631 0.0621 $0 $0 _.n. _ _no._ __ no..._ .n'~..._n.. -....._n_n.___n....n...__ n.....h_.....h.._........ .....-------.....___._.O.n __Onn. _. n___n..__._.... 0.2446 0.0942 $0 $0 TOTAL $14.470 $5,383 Temporary facility Cost: % femp Fac. Facility Facility Student Factor Student Factor Costl Costl Elementary ~(iddle School Sr High Total SQ Ft Cost Size SFR MfR SFR MfR 3.19% 0.3285 0.1222 $0 $0 .n__....._............_..........__ .........__.nh...._......__ .... --...--.......--.....--. _h__. .un....__........... ......._n.......__..._._.... 3.19% 0.1631 0.0621 $0 $0 -....... .........................-. u........................... ............................. ........._......h.......... ....u....................... 319(% $168.307 25 0.:!H6 0.0942 $53 $20 TOTAL $53 $20 S tate Matching Credit Calculation: AreaCost II IS f Sq. Ft. S d State Student Factor SfR Student Factor MfR Co s tl SfR Costl MfR Elementary Middle School New Sr High A owance )Q t tu ent ~ atc 1 $168.79 90 6184% 03285 0.1222 $3.086 $1,148 ..---.....--.. __.........uu...._. h.... ..................-... _h_.... .................... ........._......._.....u.. .......................-..... $168.79 0.1631 0.0621 $0 $0 .__.....u..__................_____. .......____h-.__..__.___. __ou_......_._............__ ..................______u o....uu....u....___....... $168.79 02446 0.0942 SO $0 Total $3,086 $1.148 Tax Payment Credit Calculation Average Asscss.:d Value (i\'(arch 20081 Capital Bond Interest Rate (March 2008) Net Present Value 0 f A ~eragc Dwelling Years Amortized Property Tax Levy Rate r resent Value of Revenue Stream SfR MfR S297.242 m...~.?~!~.?~........ ........n........__......... 5.1 1% 5.11% .__.__..._.h~........~._.... ... ... ,h. ......44. _"...n. .. J?!_?~:!!2.~Ln "-'~'?'?~!_??~..._n 10 to $1.49 $1.49 $3.402 $790 Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost Permanent Facility Cost Temporary Facility Cost State Match Credit TaxPayment Credit Sub-Total 50% Local Share m act Fee 29 $ $ $ $ $ $ $ $ - $ 14,HO $ 53 $ (3,086) $ (3,402) $ 8,035 $ 4,017 $ 4,017 $ 5.383 20 (1,148) (790) 3,465 1,733 1,733 FEDERAL WAY PUBUC SCHOOLS 2009 CAP[TAl F AC[UTlES PLAN SECTION 4 SUMMARY OF CHANGES FROM THE 2008 CAPITAL FACILITIES PLAN The 2009 Capital Facilities Plan is an updated document, based on the 2008 Capital Facilities Plan. The changes between the 2008 Plan and the 2009 Plan are listed below. SECTION I - THE CAPITAL FACILITIES PLAN SIX- YEAR FlNANCE PLAN The Six Year Finance Plan has been rolled forward to reflect 2009/2015 SECTION HI - SUPPORT DOCUMENTATION CAPACITY Elementary school capacity reflects program changes for the 2008/09 school year. Elementary capacity includes space for AU Day Kindergarten programs at every elementary school. Changes to the Building Program Capacities calculation are found on page 17. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page 19. STUDENT FORECAST The Student Forecast no\-v covers 2009 through 2015 Enrollment history and projections are found on page 22. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 24-27. IMP ACT FEE CALCULATION - KING COUNTY CODE 21A The [mpact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2008 Capital Facilities Plan and the 2009 Capital Facilities Plan can be found on page 31 and 32. 30 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2008 TO 2009 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 2008 Capital Facilities PI~ and the 2009Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments and the year placed in the survey. The Student Generation worksheet is found on page 29. SCHOOL CONSTRUCTION COSTS The anticipated cost for replacingLakeland, Panther Lake, Sunnycrest and Valhalla is $70,000,000. The replacement will add 50 new seats to the school capacity at each building. The total capacity at these four elementary schools is currently 1505. Adding 200 additional seats "viII increase the capacity by 13%. Total Cost .13 X $70,000,000 = $9,100,000 The District will use the above fOtulUla created as a base from the 2008 Capital Facilities Plan for the 2009 Capital Facilities Plan~ The capacity of the four elementary schools may vary from year to year as programs are added or changed and construction cost may increase over time. For instance for each new all day Kindergarten program, the building capacity \vili effectively be reduced by 20 headcount and the Board authorized an increase in construction cost of $lm for Valhalla. These changes would increase the construction cost. The District is using the base formula established in the 2008 plan in the llnpact Fee calculation. 31 }:'J:'f)h'DAf HTAV nTTO.. rr' ,...rH.r-..r-..r ~ __~~ _.. ~__ _ FEDERAL WAY PUBLfC SCHOOLS 2009 CAPITAL FACILfTIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2008 TO 2009 IMP ACT FEE Hem Percent of Permanent Facilities Percent Temporary Facilities Average Cost of Portable Classroom Area Cost Allowance State Match A verage Assessed Value Capital Bond Interest Rate Property Tax Levy Rate Single Family Student Yield Elementary Middle School High School Multi-Family Student Yield Elementary Middle School High School Fromffo Comment 96.21% to 96.81% Report #3 OSPI 3.79% to 3.19% Updated portable inventory $128,982 to $168,307 Updated average of portables purchased and placed in 2007 $162.43 to $168.79 Change effective Julyl, 2008 61.90% to 61.84% Change effective July 2007 SFR- $262848 to $297,242 MFR- $63,234 to $68,998 Per Puget Sound Educational Service District (ES D 12l) 4.08% to 5.110;" Market Rate $1.27 to $1.49 King County Treasury Division .3462 to .3285 .2186 to .1631 .2418 to .2446 Updated Housing Inventory .1129 to .1222 .0575 to .0621 .0842 to .0942 Updated Housing Inventory 32 COUNCIL MEETING DATE: November 18,2008 - - ITEM#: 5.c. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South HOV Lanes Phase IV (Dash Pt Rd to S 312th St) Project - 85% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase IV Project and return to the Council at the 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2008 CATEGORY: ~ Consent o City Council Business o Ordinance o Resolution Public Hearing ther STAFF REpORT By: Marwan Salloum, P.E., Acting Deputy Public Works Director ATTACHMENTS: Memorandum to Land Use and Transportation Committee dated November 3,2008. OPTIONS CONSIDERED: 1) Authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase IV- Dash Point Road to a) S 312th Street widening improvement project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. 2) Do not authorize staff to proceed with the present design of this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the November 18, 2008 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: ?tv< ~ Committee " Council COMMIlTEE RECOMMENDATION: Forward the above staff recommendation to the November 18, 2008 City Council Consent Agenda w app,"val. hJ _ l2e~A.1-J-e tL ~<-~ Linda Kochmar, Chair Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move to ect staff to proceed with design of the Pacific Highway South HOV Lanes Phase IV- Dash Point Road to South 312th Street widening improvement project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACflON: o APPROVED o DENIED o TABLEDlDEFERREDINO ACflON o MOVED TO SECOND READING (ordinances only) REVISED - 0210612006 COUNCIL BILL # 1 ST reading Eoactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 3, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergen~ M~er ~ ~J5Wan Salloum, P .E., Acting Deputy Public Works Director ~ ~Roberts, P.E., Street Systems Project Engineer Pacific Highway South HOV Lanes Phase IV Project; (18th Avenue S to S 312th Street) - 85% Status Report BACKGROUND: The Pacific Highway South HOV Lanes Phase IV - Dash Point Road to South 312th Street widening improvement project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. In an effort to reduce costs and public disruption, the following planned projects will be incorporated into the design and will be constructed as part of this project: · Lakehaven Utility District Water and Sewer Utility Adjustment · Utility Underground Conversion within project limits The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: · Topographical Surveys · Interlocal Agreement with Lakehaven Utility District for Water and Sewer line relocation/replacement design and construction (draft copy attached) · Utility Underground Conversion Design Agreement with Puget Sound Energy within project limits · NEP A and Biological Assessment Documentations · The Geotechnical Investigation · The Environmental Site Assessment (ESA) Phase I · First Open House for the Project held October, 2007 · Value Engineering Study · Environmental Site Assessment (ESA) Phase n · NEP A and Biological Assessment Determination and Project Permitting · Driveway Consolidation Studies · Project Design to 85% Ongoing Tasks Include: · Channelization plans · Second Open House for the Project will be held November 6, 2008 · Joint Utility Trench Design · Lakehaven Utility District Water and Sewer Utility Design · Right of Way Requirements (Property Appraisals, Review Appraisals, Negotiation, and Acquisition) · Project Design to 1000,10 PROJECT EXPENDITURES: Planning and Design Right of Way Acquisition Year 2010 Construction 10% Construction Contingency Construction Management (12.5%) Underground Conversion (PSE) WSDOT Administrative Cost City Project Engineer TOTAL PROJECT COSTS $ 1,500,000 3,500,000 12,800,000 1,280,000 1,600,000 450,000 50,000 100,000 $21,280,000 AVAILABLE FUNDING: Total Grant Funding Mitigation Fund Budgeted City Fund "REET' (Year 2005) Budgeted City Fund "Misc CIP Transfer" (Year 2007) Budgeted City Fund "Utility Tax" (Year 2008) Qwest Undergrounding Lakehaven Utility Relocation Corn cast Undergrounding Interest Earnings TOTAL AVAILABLE BUDGET $15,617,693 (TIB $8,177,109, Federal $7,440,584) 480,076 550,000 500,000 500,000 45,000 375,000 40,000 20,364 $18,228,133 PROJECT BUDGET SHORTFALL ($3,051,867) At this time the project budget has a funding shortfall of $3,051,867. As part of the 2009/2010 budget staffwill be requesting additional City funding for the project in the amount of $3,000,000. As we proceed with the project design and right of way acquisition process, the total project costs including anticipated cost escalation for project construction in 2010 will be refmed and presented to the Committee and Council at the 100% design completion status report for further action. cc: Project File Day File COUNCIL MEETING DATE: November 18,2008 ITEM#: 5.d. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Interlocal Agreement with Lakehaven Utility District for the design and construction of S356th at SR 99 Intersection Improvement project POLICY QUESTION: Should the Council authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356th Street at SR 99 Intersection Improvements Pr<?ject? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov. 3, 2008 CATEGORY: IZI Consent D City Council Business o Ordinance D Resolution [ Public Hearing ther STAFF REpORT By: Marwan Salloum, P .E., Acting Deputy Public Works Director Attachments: 1. Memorandum to Land Use and Transportation Committee dated November 3,2008 2. Interlocal Agreement with Lakehaven Utility District Options Considered: 1. Authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356th Street at SR 99 Intersection Improvements Project. 2. Do not authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356th Street at SR 99 Intersection Improvements Project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the November 18,2008 City Council Consent Agenda for approvaL CITY MANAGER APPROVAL: DIRECTOR APPROVAL: (/AfY\ t11r1. Committee Council COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the November 18, 2008 City Council Consent Agenda for approvaL r(-tfJASt4; Linda Kochmar, Chair ~~ , Dini Duclos, Member PROPOSED COUNCIL MOTION: "I mov authorize the City Manager to execute the Inter/oca/ Agreement between the City of Federal Way and Lakehaven Utility Districtfor the South 356'h Street at SR 99 Intersection Improvements Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACI10N o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM SUBJECT: November 3, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Qperations Officer, Emergency Manager ~ Marwan Salloum, P.E., Street Systems Manager ~< John Mulkey, P.E., Street Systems Project Engineer >>"'^ Interlocal Agreement with Lakehaven Utility District for the Design and Construction of S 356th at SR 99 Intersection Improvement Project DATE: TO: VIA: FROM: BACKGROUND: Lakehaven Utility District requested the City to enter into an interlocal agreement for the design and construction of a section of water main replacement and adjustment of Water and Sanitary Sewer facilities as part of the S 356th Street at SR99 Intersection Improvements Project in an effort to reduce both cost and extended public disruption of the area. A copy of the proposed agreement is attached to this memo. The estimated cost of the interlocal agreement is $136,523.00 and includes the cost for bidding document incorporation, construction, construction management and project administration. Actual construction costs incurred will be used to calculate the final cost of Lake haven Utility District's reimbursement to the City. After recording, return to: City of Federal Way Attn: John Mulkey, Public Works Department 33325 8th Avenue S Federal Way, WA 98003 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 356TH STREET AT SR 99 INTERSECTION IMPROVEMENTS THIS AGREEMENT is made and entered into this _ day of , 2008, by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the South 356lh Street at SR 99 Intersection Improvements Project (hereinafter "Project"); and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, the District will be required to relocate certain water and sanitary sewer facilities such as fire hydrants, valves, water meters, etc.; resolve any waterline/utility conflicts; and adjust sewer manholes, within the Project area; and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by this reference; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. FINAL DESIGN. The District agrees that the City's design contractor, HDR Inc., shall perform final design work for the Project in accordance with Exhibit A. The District shall reimburse the City for reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project. II. BIDDING AND CONSTRUCTION. A. It is the intention of the City and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided. however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, and as described in Exhibit B. B. All payments shall be due from the District to the City within thirty (30) days after approval by the District's General Manager or his/her designee of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents 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 or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents 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 or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT Cary M. Roe, P.E. Assistant City Managerl Chief Operation Officerl Emergency Manager Donald T. Perry General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Patricia A. Richardson, City Attorney General Counsel ATTEST: Carol McNeilly, City Clerk Exhibit A SCOPE OF WORK City of Federal Way South 356th I SR 99 Intersection Improvement Project (For Lakehaven Utility District Water VIA INTERLOCAL AGREEMENT) The following scope of work covers water main relocation on the City of Federal Way AG 04-096, South 356th Street at SR 99 Intersection Improvements Project. General Assumptions All work performed on this project under this supplement shall be as directed by the CITY's Public Works Director and/or assignee and requirements of Sections I thru VI of the original supplemented scope of services. VII. WORK TASKS Section VII of the original supplemented scope of services is supplemented with the following: Task 1 - Project Management / CONSULTANT COORDINATION 1.1- Project Reporting/Project Management Consultant shall coordinate with the CITY to facilitate progress and provide timely completion of the work. Communication will be primarily via e-mail and phone. Two (1) meetings are anticipated with CITY staff. Task 16 - Lakehaven Utility District (LUD) Assessment Task 16 shall be supplemented with the following: Task 16.6 - Watermain Upgrade CONSULTANT shall update plans to include a water main, water valves, service connection, and a blowoff assembly along the Pacific Highway (SR 99) between Sta. "P" 59+41 (RT) and Sta. "P" 62+24 (RT). CONSULTANT shall include installation of water meter at Sta. "P" 59+46 (63' RT) and extend the service line to tie to an existing private service line on the parcel located in the southeast quadrant of the 356th St./SR 99 intersection. CONSULTANT shall update the cost estimate and contract special provisions to include Lakehaven Standard Specifications for installation/upgrade of the existing watermain, water valves, meter, service connection, and blowoff assembly and required appurentances. Schedule 1. The City's roadway design has already been completed to the 99 percent design level. The CONSULTANT will commence work on the water line design immediately upon a receipt of a notice to proceed form the City of Federal Way (note that this requires Lakehaven Utility District provide notice to proceed to the City through the Interlocal Agency Agreement). The 100 percent PS&E will be delivered to the City and District as soon as possible after the CONSUTLANT receives the notice to proceed. 2. The City and District will review the 100 percent PS&E and return comments back to the CONSULTANT no more than 2 weeks after submittal. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 3. Final PS&E submittal will be prepared approximately 2 weeks after comments are received from the City and District. Deliverables The CONSULTANT will assemble and provide the following items to the City: · Revised final roadway plans to include a water main, water valves, a service connection, and a blowoff assembly along the Pacific Highway (SR 99) between Sta. "P" 59+41 (RT) and Sta. "P" 62+24 (RT). · Revised final roadway plans to include relocation of a private water service line and meter to connect to the proposed meter location at Sta. "p" 59+46 (RT) for the property on the southeast quadrant of the intersection. · Included applicable Lakehaven Utility District Special Provision into contract for water main and appurtenances. · Final Estimate and quantities to reflect addition of water main, water valves, meter, service connection, and blowoff assembly. Assumptions Utility record drawings are not included in this scope and fee because construction services are not included in this contract. Existing waterline is asbestos-cement (AC) so there will be special provisions required for handling of AC wat~r main. It is assumed that all base mapping, surveying, and utility coordination already performed as a part of this contract is adequate and no additional effort in these areas is included in this amendment. Final design assumes that the outline of work made in HDR Inc.'s letter to the City of Federal Way, dated October 24,2008 will not substantially change. Changes to water main alignment will be considered additional work and outside the Scope of Work. The Districts document titled "Water and Sewer System Design and Construction Standards" dated September 1995 shall be suitable for inserting into the construction bid/contract documents without revision. The District's representative with respect to services to be rendered under the Agreement shall be John Lee. The CONSULTANT makes no guarantee as to the accuracy of pothole data provided by Lakehaven Utility District. The CONSULTANT has no knowledge of modifications to existing valves, or differing valve models used that may affect the dimension from the operating nut to the centerline of the water main. In providing opinions of Cost, financial analyses, economic feasibility projections and schedules for the project the CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment of structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost of schedule. Therefore the CONSULTANT makes no warranty that Lakehaven Utility District's actual project costs, financial aspects, economic feasibility, or schedules will not vary form the CONSULTANT's opinions, analyses, projects, or estimates. EXHIBIT B SOUTH 356th STREET AT SR 99 INTERSECTION IMPROVEMENTS ESTlMA TED FINAL DESIGN, CONSTRUCTION, PROJECT ADMINISTRA TlON AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT UTILITY RELOCA TlON AND ADJUSTMENTS ESTIMATED FINAL DESIGN COST Estimated final design costs for Lakehaven utility relocations t-fDR, Inc.) $7,440 ESTIMATED CONSTRUCTION COSTS ESTIMATED TOTAL CONSTRUCTION COST $91,805 $8,262 $100,067 $10,007 $12,508 $122,582 $130,022 $6,501 $136.523 Subtotal Construction Sales Tax @ 9.0% of Construction Cost Subtotal Construction Including Sales Tax Construction Contingency (10% of Construction cost.) Construction Management (12.5% of Construction cost.) ESTIMATED PROJECT COST final Design & Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. Page 1 K:\STREETS\PROJECTS\S356 at SR 99\LUD\LUD Design and Constr ILA ExhibitB (S 356 a SR 99).doc l , "\I ~ ,_ _ I ~ . If'! /) I"V\ t:), ND~etv\b~r Ie} 1.a;e; ~<?lr~~II:, ..[VIl!:l!: !Il'i~;ml?:,Y!.~. :?_C~ll~~r? g,~i)ll8~C>{f,mb~izro8 ITEM #: 5.e. ' . .......-.-.---.-. .-. .~_. ...... - ..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Commute Trip Reduction (C2TR1 Ordinance and l;c:dera1 Way Commute Trip Reduction Plan. POUCY Qt1ESTlON: Should the Citv approve an Ordinance amending Chapter 15 of the Federal Wav Alunicipal Code re!([[ed to commute trip reduction, and adopt [he City of Federal Way Commute Trip Reduction Plan? COMMITTEE: Land Use/Transportation MEETING DATE: Oct. 20, 2008 CATEGORY: o 4::onsent cgj Onlinance 0 Public Hearing o City Council Business 0 Resolution 0 Other ----~ ---"--~'.~--- STAFF REPORT By: Rick Perez,P.E,c:ityTraffic.Engineer Pf DEPT: Public Works Attachments: I. Staff report with exhibits to the Land Use and TransportatitHl Committee dated October 20,2008. 2. Draft Ordinance 3. Federal Way CTR Plan Options Considered: 1. Approve the proposed CTR Ordinance and adopt the Federal Way eTR Plan as approved by the State CTR Board_ ") Modit~, the State's approved Federal Way eTR P!:'n This option would require approval from the PSRC and the State CTR Board. 3. Reject the CTR Ordinance and the Federal \Vay eTR Pbn. failure to revise the eTR Ordinance would put the City out of compliance with State law. STAff RECOMMENDA TlON: Staff recommends Option t. .~~~----,------..------~_._-~-- ~CII DIRECTOR ApPROVAL: ~ CuunclI CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDATlON: Forward staff reconmlendation for Option 1 to the November 4, 2008 City Council Ordinance Agenda for I sl reading. z:-C-<-.- ~!~c C__ .__-.--- Linda Kochmar, Chair ~, /l.b- Dini Duclos, Member PROPOSED COUNCIL MOTION: "[ n e approval of the CTR ordinance and the Federal Wcry Plan and forward it to the November 41h, 2008 City Council Ordinance Agendafor r reading. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION )r MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 1/ . 'I. 2J'YJ fi CITY OF FEDERAL WAY MEMORANDUM DATE: TO: October 20, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City ~lanager, Chief Operating Officer, Emergency Manager Rick Perez, P.E., City Traffic Engineer /1( Sarady Long, Senior Transportation Planning Engineer 4.-- Commute Trip Reduction (CTR) Ordinance VIA: FROM: SUBJECT: BACKGROUND: Attached is the draft Commute Trip Reduction (CTR) ordinance. This proposed Ordinance amends Chapter 15 of the Federal Way Municipal Code, \vhich pertains to Commute Trip Reduction. The new ordinance reflects the changes in State Law. Second, the proposed Ordinance formally adopts the City's CTR Plan that has been adopted by the State CTR Board. In 2006, the Washington State Legislature passed the Commute Trip Reduction (CTR) Efficiency Act, which requires local gov"emments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement plans to reduce drive alone commute trips and vehicle miles traveled (VMT). The CTR Efficiency Act builds upon the successful 1991 eTR law that requires major employers to implement trip reduction programs. Under the new law, jurisdictions are required to develop new CTR plans and establish program goals and targets for their urban grovvth areas. Thc ncw lav,' however, provides jurisdictions with more flexibility in setting goals for their major employers and developing a plan that is tailored to meet the City's individual needs. CTR goals are required to adopt a minimum target of 10% Single Occupancy Vehicle (SOV) rate reduction and 13% Vehicle Miles Traveled reduction by 2011. CTR plans are intended to be consistent with a jurisdiction's existing Comprehensive Plan, and jurisdictions may identify areas of their Comprehensive Plans that they want to change so that the plan is more supportive of CTR. At this time, statT is not proposing to make any changes to the Comprehensive Plan. The CTR Plan is a collection of goals and policies, facility and service improvements, and marketing strategies that support reducing drive alone trips and vehicle miles traveled by 2011. It also describes requirements for major employers, documents the public involvement process, presents a sustainable financing plan, and lays out the implementation structure for the CTR program. LU rc Memorandum RE: FW CTR Ordinance October 20, 2008 Page Two On February 1,2008, the City of Federal Way CTR Plan was unanimously approved by the State CTR Board. A Public Hearing before the Planning Commission was conducted on September I ih, 2008 and was unanimously approved by the Planning Commission without any changes. ST AFF RECOl\lMENDATlON: Staff recommends approval of the draft ordinance and forwarding the ordinance to the November 4th, 2008 City Council Ordinance Agenda tor 1st reading: Attachment: City of Federal Way Commute Trip Reduction Plan Draft Ordinance cc: ProJ~ct FIle Day FIle C:\Documents and Settings\darlenel\Local Settings\Temponuy Internet Files\ContentOutloob:\B6HSTl39\10-20-08 LUTC - CTR Ordinance (2).doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADOPTION OF THE CITY OF FEDERAL WAY COMMUTE TRIP REDUCTION PLAN; AMENDING CHAPTER 15, ARTICLE VII (Amending Ordinance Nos. 93-164 AND 98-313) WHEREAS, under State law as set forth in RCW 70.94.521 through 70.94.551, the City is required to develop and implement a program and plan to reduce single occupant vehicle commute trips and vehicle miles traveled by City employees and by the employees of affected employers; and WHEREAS, the Commute Trip Reduction (CTR) Efficiency Act was passed in 2006 so as to remain consistent with the CTR Board Guidelines; and WHEREAS, WAC 468-63-030 established statewide minimum program goals and targets for local CTR plans: the minimum state target is to reduce the proportion of drive-alone travel by CTR commuters in each affected urban growth area by 10 percent by 2011, and in order to reduce emissions of greenhouse gases and other air pollutants in affected urban growth areas, the minimum state target is to reduce commute trip vehicle miles traveled per CTR commuter in each affected urban groVv1h area by 13 percent by 2011. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The purpose of this Ordinance is to improve air quality, reduce traffic congestion and minimize energy consumption. These regulations are prepared to comply with RCW 70.94.521. This Ordinance does this by requiring employer-based programs that encourage ORD# , PAGE 1 employees to find alternatives to drive alone commuting with collaboration between the City of Federal Way and atTected employers. Chapter 15 of the Federal Way Municipal Code is hereby amended to read as follows: 15.200. Definitions. The following definitions shall apply to this Chapter: 1. "Affected Employee" means a full-time employee who begins his or her regular work day at a single worksite covered by the Commute Trip Reduction Plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. 2. "Affected Employer" means an employer that employs one hundred (l00) or more full-time employees at a single worksite covered by the Commute Trip Reduction Plan who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. 3. "Alternative Mode" means any means of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed \vork week schedules if they result in reducing commute trips. 4. "Alternative Work Schedules" mean programs such as compressed work week schedules that eliminate work trips for at1ected employees. 5. "Base year" means the twelve-month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The City of Federal Way uses this tvvel ve-month period as the basis upon which it develops commute trip reduction goals. 6. "Base year survey" or "baseline measurement" means the survey, during the base year, of employees at a major employer worksite to determine the drive-alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by City of federal Way. 7. "Carpool" means a motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip. ORD# , PAGE 2 8. "Commute Trips" mean trips made from a worker's home to a worksite (inclusive) on weekdays. 9. "CTR" is the abbreviation of Commute Trip Reduction. 10. "CTR Program" means an employer's strategies to reduce employees' drive alone commutes and average VMT per employee. 11. "Commute trip vehicle miles traveled per employee" means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period. 12. "Compressed Work Week" means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four I O-hour days or 80 hours in nine days, but may also include other arrangements. 13. "Custom Bus/Buspool" means a commuter bus service arranged specifically to transport employees to work. 14. "Dominant Mode" means the mode of travel used tor the greatest distance of a commute trip. 15. "Drive Alone" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. 16. "Drive Alone Trips" means commute trips made by employees in single occupant vehicles. 17. "Employee Transportation Coordinator (ETC)'" means a person who is designated as responsible for the development, implementation and monitoring of an employer's CTR program. 18. "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, non-profit, or priyate, that employs workers. 19. "Exemption" means a wai ver from any or all CTR program requirements granted to an employer by City of Federal Way based on unique conditions that apply to the employer or employment site. 20. "Flex-Time" is an employer policy that provides work schedules allowing individual employees flexibility in choosing the start and end time but not the number of their working hours. ORD# , PAGE 3 21. "Full-Time Employee" means a person, other than an independent contractor, whose position is scheduled on a continuous basis for 52 weeks for an average of at least 35 hours per week. 22. "Good Faith Effort" means that an employer has met the minimum requirements identified in RCW 70.94.531 and this Chapter, and is working collaboratively with the City of Federal Way to continue its existing CTR program or is developing and implementing program modiiications likely to result in improvements to its CTR program over an agreed-upon length of time. 23. "Implementation" means acti ve pursuit by an employer of the CTR goals of RCW 70.94.521- 555 and this Chapter as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive alone commuting, and commencement of other measures according to its approved CTR program and schedule. 24. "A major employer" means a pri vate or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months. 25. "Major employer worksite" or "affected employer worksite" or "worksite" means the physical location occupied by a major employer, as detern1ined by the City of Federal Way. 26. "Major employment installation" means a military base or federal reservation, excluding tribal reservations, or other locations as designated by City of Federal Way, at which there are one hundred or more affected employees. 27. "Mode" means the means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, compressed work week schedule and telecommuting. 28. "Notice" means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. 29. "Peak Period" means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. 30. "Peak: Period Trip" means any commute trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. ORD# , PAGE 4 31. "Proportion of Drive Alone Trips" or "Drive Alone Rate" means the number of commute trips over a set period made by employees in single occupancy vehicles divided by the number of potential trips taken by employees w"orking during that period. 32. "Ride Matching Service" means a system which assists in matching commuters for the purpose of commuting together. 33. "Teleworking" or "Telecommuting" means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half 34. "Transit" means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, passenger ferry, rail, shared-ride taxi, shuttle bus, or vanpool. 35. "Transportation Demand Management (TOM)" means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system. 36. "Transportation Management Association (TMA)" means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits. 37. "Vanpool" means a vehicle occupied by from five (5) to fifteen (15) people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip. 38. "Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual vehicle commute trip lengths in miles made by employees over a set period divided by the number of employees during that period. 39. "Week" means a seven-day calendar period starting on Monday and continuing through Sunday. 40. "Weekday" means any day of the week except Saturday or Sunday. 41. "Writing," "Written," or "In Writing" means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. 15.201. City of Federal Way CTR Plan. The goals established for the City and affected employers in the City are set forth in the City of Federal Way's Commute Trip Reduction Plan, as adopted by the Federal Way City CounciL ORD# , PAGE 5 15.202. Commute Trip Reduction Goals A. The City of Federal Way's goals for reducing the proportions of drive-alone commute trips and vehicle miles traveled per employee by affected employers in the City's jurisdiction, major employment installations, and other areas designated by the City are hereby established as referenced in the City of F ederal Way's CTR Plan. These goals establish the desired level of perfoffilance for the CTR program in its entirety in City of Federal Way. The City of Federal Way will set the individual worksite goals for affected employers based on how the worksite can contribute to City of Federal Way's overall goal established in the CTR plan. B. Commute Trip Reduction Goals for Affected Employers. 1. The drive-alone and VMT goals for affected employers in City of Federal Way are hereby established as set forth in the City's CTR Plan. 2. If the goals for an affected employer or newly affected employer are not listed in the CTR Plan, they shall be established by the City of Federal Way at a level designed to achieve City of Federal Way's overall goals for the jurisdiction and other areas as designated by the City of Federal Way. The City of Federal Way shall provide written notification of the goals for each affected employer worksite by providing the information when City of Federal Way reviews the employer's proposed program and incorporating the goals into the program approval issued by the City of Federal Way. 3. Each affected employer is required to develop and implement a CTR program that is designed to meet the aftected worksite's assigned CTR goals. 15.203. Implementation Responsibility. The City Manager or designee shall be responsible for implementing this Chapter, the CTR Plan, and the City of Federal Way CTR program together with any authority necessary to carry out such responsibilities such as rule-making or certain administrati ve decisions. 15.204. Applicability A. The provisions of this Chapter shall apply to any affected employer within the geographic limits of the City of Federal Way. B. Notification of Applicability 1. In addition to the City of F ederal Way's established public notification for adoption of an ordinance, a notice of availability of a summary of an ordinance, a notice ofthe requirements and criteria for affected employers to comply with this Chapter, and subsequent revisions shall be published at least once in the City of Federal Way's official newspaper not more than 30 days after adoption of this Chapter. ORD# , PAGE 6 2. Affected employers located in the City of Federal Way are to receive written notification that they are subject to this Chapter. Such notice shall be addressed to the company's chief executive officer, senior official, CTR program manager, or Employee Transportation Coordinator at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the City of Federal Way. 3. Affected employers that, for \vhatever reason, do not receive notice within 30 days of adoption of this Chapter and are either notified or identify themselves to the City of Federal Way within 90 days of the adoption of this Chapter will be granted an extension to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the City of Federal Way. 4. Affected employers that have not been identified or do not identify themselves \vithin 90 days of the adoption of this Chapter and do not perform a baseline measurement consistent with the measurement requirements specified by the City of Federal Way within 90 days from the passage of this Chapter are in violation of this Chapter. 5. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the City of Federal Way, under previous iterations of this Chapter, the employer is not required to perform another baseline measurement. C Newly Affected Employers l. Employers meeting the detinition of "aHected employer" in this Chapter must identify themselves to the City of Federal Way within 90 days of either moving into the boundaries of the City of F ederal Way or growing in employment at a worksite to one hundred (100) or more affected employees. Employers who do not identify themselves \vithin 90 days are in violation of this Chapter. 2. Newly atIected employers identitied as such shall be given 90 days to perform a baseline measurement consistent with the measurement requirements specified by the City of Federal Way. Employers who do not perform a baseline measurement within 90 days of receiving \\Titten notification that they are subject to this Chapter are in violation of this Chapter. 3. Not more than 90 days after receiving ,^,Titten notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR Program to the City of F ederal Way. The program will be developed in consultation with the City of Federal Way staff to be consistent with the goals of the CTR Plan adopted. The program shall be implemented not more than 90 days after approval by City of Federal Way. Employers who do not implement an approved CTR Program according to this schedule are in violation of this Chapter. ORD# , PAGE 7 4. Newly affected employers will be given 90 days to designate an employee transportation coordinator (ETC) to work closely with the City of Federal Way staff to develop, implement, and monitor strategies and processes to meeting defined CTR goals for their job site. If for any reason the ETC is displaced from their position, a ne\v transportation coordinator must be designated by the employer within 90 days. Employers who fail to designate an ETC within 90 days of being identified as an affected employer are in violation of this Chapter. D. Change in Status as an Affected Employer. Any of the following changes in an employer's status will change the employer's CTR program requirements: 1. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (l00) or more affected employees for the next twelve (l2) months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the City of Federal Way that it is no longer an at1ected employer. The burden of proof lies \vith the employer. 2. If the same employer returns to the level of one hundred (100) or more anected employees within the same twelve (12) months, that employer will be considered an atlected employer for the entire 12 months and will be subject to the same program requirements as other affected employers. 3. If the same employer returns to the level of one hundred (l00) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a newly. affected employer and will be subject to the same program requirements as other newly affected employers. 15.205 Requirements for Employers - RCW 70.94.531. An affected employer is required to make a good faith eHart, as defined in RCW 70.94.534(2) and this Chapter, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and drive alone commute trips. The employer shall submit a description of its program to the City of Federal Way and provide progress report to the City on employee commuting and progress toward meeting the drive alone reduction goals. The CTR program must include the mandatory elements as outlined below (FWCC 15.205). A. Mandatory Program Elements. Each employer's CTR program shall include the following mandatory elements: 1. Employee Transportation Coordinator (ETC). The employer shall designate an Employee Transportation Coordinator (ETC) to administer the CTR program. The ETC and/or designee's name, location, and telephone number must be prominently displayed physically or electronically at each affected worksite. The ETC shall oversee all elements of the employer's CTR program and act as liaison between the employer and the City of Federal ORD# , PAGE 8 Way. The objective is to have an effective transportation coordinator presence at each worksite; an affected employer with multiple sites may have one ETC for all sites. The ETC must complete the basic ETC training provided by King County after being designated as ETC. 2. Information Distribution. Information about alternatives to drive alone commuting as well as a summary of the employer's CTR Program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer's CTR Program shall also be submitted to the City of Federal Way with the employer's program description and regular report. B. Additional Program Elements. In addition to the specific program elements described above, the employer's CTR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, one or more of the following: 1. Provision of preferential parking for high-occupancy vehicles; 2. Reduced parking charges for high-occupancy vehicles; 3. Instituting or increasing parking charges for dri ve alone commuters; 4. Provision of commuter ride matching services to facilitate employee ridesharing for commute trips; 5. Provision of subsidies for rail, transit, or vanpool fares and/or transit passes; 6. Provision of vans or buses for employee ridesharing; 7. Provision of subsidies for carpools, walking, bicycling, teleworking, or compressed schedules: 8. Provision of incentives for employees that do not drive alone to work; 9. Permitting the use of the employer's vehicles for carpooling or vanpooling; 10. Permitting flexible work schedules to facilitate employees' use of transit, carpools, or vanpools; 11. Cooperation with transportation providers to provide additional regular or express service to the worksite; 12. Construction of special loading and unloading facilities for transit, carpool, and vanpool users; 13. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; 14. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; 15. Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes which reduces commute trips; 16. Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commute trips; 17. Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities, emergency taxi services, or guaranteed ride home programs; ORD# , PAGE 9 18. Charging employees for parking, and/or the elimination of free parking; and 19. Other measures that the employer believes will reduce the number and length of commute trips made to the site. C. CTR Program Report and Description I. Affected employers shall review their program and file a regular progress report at least once every two (2) years as deems appropriate by the City of Federal Way and shall be in accordance with the fonnat provided by the City. 2. The CTR Program Report and Description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals tor the reporting period. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' commuting needs. Employers are further encouraged to cooperate vvith each other to implement program elements. 3. At a minimum, the employer's CTR Program Report and Description must include: a. a general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services; b. the number of employees affected by the CTR program and the total number of employees at the site: c. documentation on compliance with the mandatory CTR program elements (as described in Section A); d. description of any additional elements included in the employer's CTR program (as described in Section B); and e. a statement of organizational commitment to provide appropriate resources to the progranl to meet the employer's established goals. D. Biennial Measure of Employee Commute Behavior. [n addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect Commute Trip Reduction Program Employee Questionnaires (surveys) at least once every two years, and strive to achieve at least a 70% response rate from employees at the worksite. 15.206 Record Keeping. Affected employers shall maintain a copy of their approved CTR Program Description and Report, their CTR Program Employee Questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to City of Federal Way for a minimum of 48 months. The City of Federal Way and the employer shall agree on the record keeping requirements as part of the accepted CTR program. ORD# , PAGE 10 15.207. Schedule and Process for eTR Program Description and Report A. Document Review. The City of Federal Way shall provide the employer with written notification if a eTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer recei ves no wTitten notification of extension of the review period of its eTR program or comment on the CTR program or annual report within 90 days of submission, the employer's program or annual report is deemed accepted. The City of Federal \Vay may extend the review period up to 90 days. The implementation date t'Or the employer's CTR program will be extended an equivalent number of days. B. eTR Progress Reports Schedule. Upon review of an employer's initial CTR program, the City of Federal Way shall establish the employer's regular reporting date. C. Modification of eTR Program Elements. Any affected employer may submit a request to the City of Federal \Vay for modification ofCTR requirements. Such request may be granted if one of the following conditions exist: t. The employer can demonstrate it would be unable to comply with the CIR program elements for reasons beyond the control of the employer; or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. D. Extensions. An employer may request additional time to submit a eTR Program Description and Report, or to implement or modify a program. Such requests shall be via written notice at least 30 days before the due date tor which the extension is being requested. Extensions not to exceed 90 days shall be considered for reasonable causes. The City of Federal Way shall grant or deny the employer's extension request by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted t'Or 30 days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element( s) shall not be cause for discontinuing or failing to implement other program elements. An employer's regular reporting date shall not be adjusted pennanently as a result of these extensions. An employer's reporting date may be extended at the discretion of the City of Federat Way. E. Implementation of Employer's eTR Program. Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than 90 days after receiving written notice from the City of Federal Way that the program has been approved or with the expiration of the program review period without receiving notice from the City. ORD# , PAGE 11 15.208. Enforcement A. Compliance. For purposes of this section, compliance shall mean: l. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR Program Description and Report; 2. Providing a complete CTR Program Description and Report on the regular reporting date; and; 3. Distributing and collecting the CTR Program Employee Questionaire during the scheduled survey period. B. Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of drive alone trips shall be applied in determining requirements for employer CTR program modifications: 1. Ifan employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to improve its CTR program; 2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this Chapter, but has not met the applicable drive alone or VMT goal, no additional modifications are required. 3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this Chapter. and tails to meet the applicable drive alone or VMT reduction goal, the City of F ederal Way shall work collaboratively with the employer to identifY modification to the CTR program and direct the employer to revise its program within 30 days to come into compliance with the measures detined by RCW 70.94.534(2), including specitic recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR Program Description and Report, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The City of Federal Way shall review the revisions and notifY the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the City of Federal Way will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference \vith program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the City of Federal Way within 10 working days of the conference. ORD# ,PAGE 12 C. Violations. The following constitute violations if the deadlines established in this Chapter are not met: 1. Failure to perform a baseline measurement, including: a. Employers notified or that have identified themselves to the City of Federal Way within 90 days of the adoption of this Chapter and do not perform a baseline measurement consistent with the requirements specitied by the City of Federal Way within 90 days from the notification or self-identification; b. Employers not identified or self-identified within 90 days of the adoption of this Chapter and that do not perform a baseline measurement consistent with the requirements specitied by the City of Federal Way within 90 days from the adoption of this Chapter; 2. Failure to develop and/or submit on time a complete CTR program; 3. Failure to designate an ETC within 90 days from notification or selt:'identitication; 4. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VlvIT and drive alone goals as specified in this Chapter; 5. Failure to make a good faith effort, as ddined in RCvV 70.94.534 and this Chapter; or 6. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this Chapter. D. Penalties 1. No atfected employer \vith an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive alone or VMT goal; 2. Violation of this Chapter shall constitute a civil infraction subject to a p.enalty of two hundred fifty dollars ($250.00). 3. Each day of failure to implement the program is a continuing offense and shall constitute a separate violation; 4. An affected employer shall not be liable for civil penalties if failure to implement an element of a eTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: ORD# , PAGE 13 a. Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the City of Federal \-Vay and advise the union that the proposal being made is necessary for compliance with state law RCW 70.94.531. 15.209. Exemptions and Goal Modifications. A. Worksite Exemptions. An affected employer may request the City of Federal Way to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this Chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee. Exemptions may be granted by the City of Federal Way at any time based on wTitten notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The City of Federal Way shall grant or deny the request within 30 days of receipt of the request. The City of Federal Way shall review annually all employers receiving exemptions. and shall determine whether the exemption will be in effect during the following program year. B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted tor employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The City of Federal Way will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests. The City of Federal Way shall grant or deny the request w'ithin 30 days of receipt of the request. The City of Federal Way shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the tollowing program year. C. Modification of CTR Program Goals. 1. An affected employer may request that the City of F ederal Way modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. 2. The City of Federal Way will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Board Guidelines. ORD# ,PAGE 14 3. An employer may not request a modification of the applicable goals until one year after the City of Federal Way's approval of its initial program description or annual report. 15.210. Appeals. A. Employers may file a written appeal of the City's final decisions regarding the follovving actions: 1. Rejection of an employer's proposed program. 2. Denial of an employer's request for a waiver or modification, of any of the requirements under this Chapter or a modification of the employer's program. B. Such appeals must be filed with the City within fifteen (15) calendar days after the City sends a notice of final decision to the employer. C. Timely appeals shall be heard by the City's Hearing Examiner. Determinations on appeals shall be based on whether the decision being appealed was consistent with the state law. SECTION 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation. be declared unconstitutional or invalid for any reason. such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City COlmcil of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3. Corrections. The City Clerk and the coditiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. ORD# , PAGE 15 SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby rati fled and atTirmed. SECTlON 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,200 . CITY OF FEDERAL WAY MA YOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ORD# ,PAGE 16 Commute Trip Reduction Plan ,~ Federal Way Drafted June 2007 Table of Contents INTRODUCTION....................................................................................................... .1 I. BASELINE ASSESSM ENT ..................... ................. .............................................3 II. AND Iff. BASELINE AND GOALS FOR 2011.....................................................36 IV. STRATEGIES FOR ACHIEVING GOALS AND TARGETS ..............................38 V. REQUIREMENTS FOR MAJOR EMPLOYERS .................................................43 VI. FINANCIAL PLAN................................ ...................... ...................................... .46 VII. IMPLEMENTATION STRUCTURE.... ............. ............. ......... .............. ..............50 VIII. DOCUMENTATION OF CONSULTATION ......................................................52 List of Appendices Appendix A: Appendix 8: Appendix C: Appendix D: Appendix E: Appendix F: Appendix G: Appendix H: City of Federal Way Vicinity CTR Worksites City of Federal Way Comprehensive Plan Map City of Federal Way Zoning Map City of Federal Way Transit Services and Facilities City of Federal Way Non-Motorized Facilities Commute Trip Reduction Workshop Summary Summary of Policies That Support CTR Glossary of Terms City of Federal Way Commute Trip Reduction Plan June 2007 INTRODUCTION On January 19,1993, the City of Federal Way adopted the Commute Trip Reduction Ordinance (Ordinance 93-164). The purpose of this ordinance was to comply with the Commute Trip Reduction Act RCW 70.94.521 adopted by the Washington State Legislature in 1991. This law requires employers of 100 or more employees who arrive between 6 and 9 a.m. to develop and implement a program to encourage their employees to reduce vebicle miles traveled and drive alone trips. In 2006, the Washington State Legislature passed the Commute Trip Reduction Efficiency Act which amended the requirements for local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement plans to reduce drive alone trips. This plan has been prepared in accordance with these revisions to RCW 70.94.521. Under the Washington State CTR Efficiency Act requirements, the City is required to prepare a new CTR plan and set new goals. The Commute Trip Reduction Plan is a collection of City- adopted goals and policies, facility and service improvements, and marketing strategies about how the City will help make progress for meeting the goals over the next four years. The goal of the Federal Way CTR plan is to reduce drive alone trips by 10% and vehicle miles traveled by 13% among major work sites. Building upon the success of the existing commute trip reduction program, the City strives to meet the goals of the plan for the future by working in partnership and coordination with other agencies and employers. This proposed Plan has been developed through extensive involvement by CTR-affected employers and King County Metro who helped identify strategies and ways for successful achievement of the goals. This plan helps to support the achievement of the City's vision and the goals of its comprehensive plan. Benefits of the CTR Program to City of Federal Way Although the Commute Trip Reduction Program only applies to a few sites in the City of Federal Way, the CTR program will continue to grow and address a variety of transportation and environmental issues. Several trends are increasing the value of CTR in Federal Way, particularly as an alternative to expanding roads and parking facilities. The major transportation problems facing Federal Way are traffic and parking congestion, inadequate mobility for non-drivers, and various economic, social and environmental costs associated with high levels of automobile travel; all problems that can be addressed by CTA. The value of CTR is further enhanced by the following trends: · Rising facility costs. The cost of expanding highways and parking facilities is increasing. In many cases it is more cost effective to manage demand than to continue expanding supply. If the CTR program is successful, it will help reduce the demand on state, regional and local streets. This in turn helps to reduce the need to expand the roadway system. City of Federal Way Commute Trip Reduction Plan June 2007 · Demographics. As the population becomes older and more mature, it will become more important to increase the availability of quality travel options for non-drivers. Senior citizens will be more dependent on transit and non-motorized travel options. · Energy Costs. Vehicle fuel costs have risen dramatically and are projected to increase in the future due to depletion of oil supplies and environmental constraints. Rising costs have increased the demand for non-drive alone travel alternatives. The vanpool market, in particular, has exceeded demand and there are currently waiting lists for available vanpools. · Consumer preferences and market trends. eTR is addressing current consumer preferences in which more consumers want to live in multi-modal communities where it is possible to walk and bicycle safely, use neighborhood seNices, and have access to quality public transportation. · Environmental concerns. CTR helps to address concerns over air pollution, sprawl and other environmental impacts by reducing the demand for automobiles. Automobiles contribute to 55% of air pollutants. For each car that is taken off the road, there is a significant benefit to the environment. In summary, the eTR program is a cost-effective program that addresses a number of issues in the City of Federal Way. Although eTR has been applied to only a few work sites, the program will continue to grow and expand as solutions are needed to complex transportation and environmental issues. City of Federal Way Commute Trip Reduction Plan 2 June 2007 I. BASELINE ASSESSMENT I Affected eTR Work Sites As part of the requirements of the eTR Efficiency Act, the City of Federal Way conducted a background assessment of land use and transportation conditions of the CTR-affected work sites. These conditions were used to develop strategies to help the sites meet their eTR goals. Under the eTR ordinance, there are 13 affected worksites in the City of Federal Way. Those worksites include the following: Work Site St. Francis Hos ital U.S Postal Services Federal Wa Cit Hall World Vision US Ber er/ABAM Vir inia Mason Medical Center Financial Pacific Leasin EDS We erhaeuser Cor orate We erhaeuser East Cam us III We erhaeuser North Buildin I & II We erhaeuser Northwest Plaza We erhaeuser Technolo Center i Address 34503 9th Ave S 34301 9th Ave S 33325 8th Ave S I 34834 We erhaeuser Wa South 33301 9th Ave S 33501 1st Wa South 3455 S 344th Street i 32275 32nd Avenue S 33663 We erhaeuser Wa S 33940 We erhaeuser Wa S 32275 32nd Avenue S , 840 S 333rd Street 32901 We erhaeuser Wa S A site profile for each CTR-affected work site has been prepared. The locations of the eTR work sites can be viewed in Appendix A. City 01 Federal Way Commute Trip Reduction Plan 3 June 2007 I Major Issues Regarding land Use and Transportation Conditions Around CTR Work Sites St. Francis Hospital - 34503 9th Ave S This worksite IS located in an office park zoned area. i Existing and planned land use conditions: I I I --~~._- I Existing and planned transportation : facilities: i I i I I Existing and planned transit seNices and I facilities: I I I I i Existing parking conditions: I i There are proposed zoning changes in this area. This worksite is located on a principal collector with a sidewalk on both sides of the street. 9th Avenue South is depicted on Map 111-6 of the Comprehensive Plan as three lanes with a bike lane. I A Planned S 342nd Street extension between 1 sl Way South to 91h Avenue South. This worksite is located near a bus stop for King County Metro route 182 and is close to the South I Federal Way Park and Ride, which is seNed by King I. County Metro route 196. This worksite is also seNiced by the Dial-a-Ride shuttle. I There are no proposed changes to transit seNice in -WhiS area. J I There is free and ample parking for employees and I VIsitors. City of Federal Way Commute Trip Reduction Plan June 2007 4 St. Francis Hospital- 34503 9th Avenue South, Federal Way, WA 98003 Building entrance Bus stop I City of Federal Way 10 Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Carpool parking Parking lot St. Francis Hospital E80028 1124 406 74% 8 Miles/day King County Metro Metro Route 182 and 196 Free and am Ie parkin available City of Federal Way Commute Trip Reduction Plan 5 June 2007 U.S Postal Services - 34301 9th Ave S Existing and planned land use conditions: This worksite is located in an office park zoned area. I [Existing and planned transportation I facilities: I I I , There are no proposed changes to land use in this area. This worksite is located on a principal collector with a sidewalk on both sides of the street. 9th Avenue South is depicted on Map 111-6 of the Comprehensive Plan as three lanes with a bike lane. ~I A Planned S 342nd Street extension between 1 sl Way South to 91h Avenue South. ~-~- I Existing and planned transit services and II This worksite is located near a bus stop for King ! facilities: County Metro route 182 and is close to the South i I Federal Way Park and Ride, which is served by King I County Metro route 196. This worksite is also I serviced by the Dial-a-Ride shuttle. I I I IExisting parking conditions: There are no proposed changes to transit service in . this area. There is free and ample parking for employees and lSitors. City of Federal Way Commute Trip Reduction Plan 6 June 2007 U.S. Postal Services - 34301 9th Avenue South, Federal Way, WA 98003 Entrance Bus stop 9th Avenue South City of Federal Way 10 Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parking: U.S. Postal Services E80135 612 282 82% 10 Miles/day King County Metro Metro Routes 182 and 196 Free and ample parking available City of Federal Way Commute Trip Reduction Plan 7 June 2007 City Hall- 33325 8th Ave S. Existing and planned land use conditions: This worksite is located in an office park zoned area. I There are no proposed changes to land use in this I area. I Existing and planned transportation This worksite is located on a principal collector street, I facilities: near a principal arterial with sidewalk on both sides of the street. i I S 336tl1 Street and 1 st Avenue South are depicted on I Map 111-6 of the Comprehensive Plan as four lanes. I I I Existing and planned transit seNices and This worksite is located near King County Metro route . facilities: 903. This worksite is also seNiced by the Dial-a-Ride shuttle and 182. I There are no proposed changes to transit seNice in : this area. I Existing parking conditions: There is free and ample parking for employees and I visitors. I City of Federal Way Commute Trip Reduction Plan 8 June 2007 Federal Way City Hall- 33325 8th Avenue South, Federal Way, WA 98063 Entrance Pedestrian crossIng Parking lot V olllpool parking City of Federal Way 10 Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parking: Federal Way City Hall E80176 306 168 73% 10 Miles/day King County Metro Metro Route 903 and 182 Free and ample parking available City of Federal Way Commute Trip Reduction Plan 9 June 2007 World Vision US - 34834 Weyerhaeuser Way South I Existing and planned land use conditions: This worksite is located in an office park zoned affial There are no proposed changes to land use in this I area. I I Existing and planned transportation This worksite is located on a principal collector with a facilities: sidewalk. Weyerhaeuser Way South is depicted on Map 111-6 of the Comprehensive Plan as three lanes with a bike lane. Existing and planned transit services and This worksite is located near Pierce Transit route facilities: 501. i There are no proposed changes to transit service in I this area. I -----~---_.._- .-. -~-_._---_. Existing parking conditions: There is free and ample parking for employees and I visitors. .-- ~ City of Federal Way Commute Trip Reduction Plan . 10 JUlle 2007 World Vision US - 34834 Weyerhaeuser Way South, Federal Way, WA 98001 Parking lot Bus stop Bike lane in front of entrance Pedestrian foot path City of Federal Way 10 Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkinq: World Vision US E85779 549 410 77% 11 Miles/day Pierce Transit PT 565 Free and ample parkinq City of Federal Way Commute Trip Reduction Plan 11 June 2007 Bergerl ABAM - 33301 9th Ave S I Existing and planned land use conditions:-' This worksile is located in an olfice park zoned area.] There are no proposed changes to land use in this : area. I Existing and planned transportation facilities: This worksite is located on a principal collector with a sidewalk on both sides of the street. There is no planned road improvement near this worksite. Existing and planned transit seNices and This worksite is located near a bus stop for King facilities: County Metro route 182. This worksite is also ~I ;:~:ead::~::~:~:R~::::::~: transit seNice in I ~i~_i3.l'~~_.m____._.____~___m._______J There is free and ample parking for employees and I ! visitors. . ---.L_ --.J i I I I ~xisting parking conditions: I City of Federal Way Commute Trip Reduction Plan 12 June 2007 Berger I ABAM - 33301 9th Avenue South, Federal Way, WA 9~003 Entrance Driveway I City of Federal Way 10 Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Bike racks Ber er I ABAM E86819 212 100 73% 10 Miles/day King County Metro Metro Route 182 Free and ample parkin City of Federal Way Commute Trip Reduction Plan 13 June 2007 Virginia Mason Medical Center - 33501 1 sl Way South Existing and planned land use conditions: -l This worksite is located in an office park zoned area. I i . . Ii There are no proposed changes to land use In this area. This worksite is located along a Principal arterial with sidewalks on both sides of the street. Existing and planned transportation facilities: L .____ ._____._________ __.__. ________________. ____ I Existing parking conditions: I I There are no proposed changes to the transportation i facilities in this area. I This worksite is located near King County Metro route I 903. This worksite is also serviced by the Dial-a-Ride I shuttle. I There are no proposed changes to transit service in ___.__Lt.t!Js_~_~~~~_._______________________ I. There is free and ample parking for employees and : VISitors. I City of Federal Way Commule Trip Reduction Plan 14 June 2007 Virginia Mason Medical Center - 335011st Way South, Federal Way, WA 98003 Building entrance Intersection at 336'" Street City of Federal Way 10 Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Bus stop Vir inia Mason Medical Center E89706 270 125 79% 8 Miles/day King County Metro Metro Route 903 Free and am Ie arkin available City of Federal Way Commute Trip Reduction Plan June 2007 15 Financial Pacific leasing - 3455 S 344lh Street Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a minor collector with facilities: sidewalk on both sides of the street. S 3441h Street is depicted on Map 111-6 of the Comprehensive Plan as three lanes. Existing and planned transit services and This worksite is located near Pierce Transit route facilities: 501. There are no proposed changes to transit service in this area. .----- Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 16 June 2007 I . I, Financial Pacific leasing,llC - 3455 S 344lh Way, Federal Way, WA 98001 Building Vanpool parking Cit of Federal Wa 10 Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Sidewalk and driveway Financial Pacific leasin E87890 124 121 71% 12 Miles/day Pierce Transit PT 501 Free and am Ie City of Federal Way Commute Trip Reduction Plan June 2007 17 EDS - 32275 320d Ave South Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located near a principal arterial with facilities: sidewalks. South 320th Street is depicted on Map 111-6 of the eomprehensive Plan as a 4 lanes plus HOV lanes. Existing and planned transit services and This worksite is located near Metro Transit route 181. facilities: There are no proposed changes to transit service in , this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 18 June 2007 , 1- EDS - 32275 32nd Avenue South, Federal Way, WA 98063 Building entrance Pedestrian footpath Cit of Federal Way 10 Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Van pool parking EDS E89169 115 109 58% 11 Miles/day Metro Transit MT 181 Free and am Ie City of Federal Way Commute Trip Reduction Plan June 2007 19 Weyerhaeuser Corporate - 33663 Weyerhaeuser Way S. Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a minor arterial with no I facilities: sidewalks. Weyerhaeuser Way South south of S 336th Street is depicted on Map 111.6 of the eomprehensive Plan as a five lanes plus bike lane. Existing and planned transit services and This worksite is not located within a ~ mile of a bus facilities: stop, but the closest route serving the southern portion of the campus is Pierce Transit route 501. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 20 June 2007 Weyerhaeuser Corporate - 33663 Weyerhaeuser Way South, Federal Way, WA 98003 Directory board at entrance Carpool parking Cit of Federal Way ID Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Bus stop Weyerhaeuser Corporate E80564 1022 720 69% 10 Miles/day Pierce Transit PT 501 Free and am Ie parkin available City of Federal Way Commute Trip Reduction Plan June 2007 21 , '- Weyerhaeuser East Campus III - 33940 Weyerhaeuser Way S. iExisting and planned land use conditions: This worksite is located in an office park zoned area. I I There are no proposed changes to land use in this I area. I Existing and planned transportation This worksite is located on a minor arterial with facilities: sidewalks. Weyerhaeuser Way South south of S 336th Street is depicted on Map 11I-6 of the eomprehensive Plan as a five lanes plus bike lane. Existing and planned transit services and This worksite is located near. Pierce Transit route facilities: 501. , There are no proposed changes to transit service in this area. I Existing parking conditions: There is free and ample parking for employees and L visitors. City of Federal Way Commute Trip Reduction Plan 22 June 2007 Weyerhaeuser East Campus 11I- 33940 Weyerhaeuser Way South, Federal Way, WA 98003 Building entrance Bike racks Cit of Federal Way 10 Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Van pool parking We erhaeuser East Campus III E88260 1321 829 72% 11 Miles/day Pierce Transit PT 501 Free and am Ie City of Federal Way Commute Trip Reduction Plan June 2007 23 Weyerhaeuser North Buildings J & " - 32275 32nd Ave S. Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a minor collector with facilities: sidewalks. There is no planned road improvement on 32nd Avenue South. Existing and planned transit services and This worksite is located near Metro Transit route 181. I facililies: There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 24 June 2007 Weyerhaeuser North Buildings I & II - 32275 32nd Avenue South, Federal Way, WA 98001 Driveway entrance Parking lot Cit of Federal Way ID Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Employee shuttle stop 32M Avenue South We erhaeuser North Buildin s I & II E80510 783 495 70% 10 Miles/day Metro Transit MT 181 Free and am Ie City of Federal Way Commute Trip Reduction Plan 25 June 2007 Weyerhaeuser Northwest Plaza - 840 S. 333rd Street Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a collector street, with facilities: sidewalk on both sides of the street. South 333rd Street is depicted on Map 111-6 of the eomprehensive Plan extend to SR 99. Existing and planned transit services and This worksite is located near Metro Transit route 182 facilities: and 903. There are no proposed changes to transit service in this area. Existing parking conditions: I There is free and ample parking for employees and _~ visitors. City of Federal Way Commute Trip Reduction Plan 26 June 2007 Weyerhaeuser Northwest Plaza - 840 S 333rd Street, Federal Way, WA 98003 Oriveway entrance Crosswalk Cit of Federal Way 10 Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goat: Services Available: Bus Routes: Parkin : Parking lot Vanpool parking We erhaeuser Northwest Plaza E80313 117 114 72% 12 Miles/day Metro Transit MT 182 and 903 Free and am Ie parkin available City of Federal Way Commute Trip Reduction Plan June 2007 27 Weyerhaeuser Technology Center - 32901 Weyerhaeuser Way S. Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a principal collector either I facilities: sidewalk or paved shoulder. This road is depicted on Map 111-6 of the I eomprehensive Plan as a three lanes plus bike lane. . Existing and planned transit services and This worksite is located near Pierce Transit route facilities: 501. I I I There are no proposed changes to transit service in I ! this area. I Existing parking conditions: There is free and ample parking for employees and I visitors. i City of Federal Way Commute Trip Reduction Plan 28 June 2007 Weyerhaeuser Technology Center - 32901 Weyerhaeuser Way South, Federal Way, WA 98003 Building entrance Van pool parking Cit of Federal Wa 10 Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Pedestrian foot path We erhaeuser Technolo Center E80572 735 588 59% 10 Miles/day Pierce Transit PT 501 Free and ample arkin available City of Federal Way Commute Trip Reduction Plan 29 June 2007 I Supporting Comprehensive Plan Policies The eity reviewed its current eomprehensive Plan to identify policies and goals that support the eity's eTR program. The most current version of the eity of Federal Way's eomprehensive Plan was adopted on July 2002. The eity has a number of policies and goals that support eTR which are described in their land use and transportation elements. They include: City of Federal Way land Use Element The eity of Federal Way has designated a eity eenters composed of two parts a eity eenter eore and eity Center Frame. The creation of an identifiable and vibrant "downtown" is one of the primary goals identified by the eomprehensive Plan. The policies of the Land Use and eity eenter chapters envision a concentrated eity eenter comprised of mixed-use developments, pedestrian-oriented streetscapes, livable and affordable housing, a network of public spaces and parks, and development of superior design and quality. City of Federal Way Transportation Element The eity of Federal Way Transportation Element has a number of policies and goals that support eTR, including the development of a multi-modal transportation system, non-motorized system and transportation demand management. Described below are some of the goals and policies from the Transportation Element that support eTR: Multimodal Transportation TP29 Reduce reliance on the single occupant auto by prioritizing and implementing supportive local-level transit, HOV, and non-motorized improvements. TP30 Identify and plan for multi-modal freeway, arterial, and collector street improvements which ensure more efficient use of existing roads and enhancement of HOV, transit, and related non- motorized operations. TP31 Integrate the traffic circulation network with high capacity transit, HOV, bicycle, and pedestrian networks with consideration to regional system needs, including air and port facilities. TP32 Structure the eity's improvement program to strategically place increments of public and private investment that complement the multi-modal vision of the plan. This should include "matching" improvements to supplement the efforts by other agencies to provide HOV and transit facilities. TP33 Acquire rights-of-way for high capacity transit whenever possible in advance of their need, and make accommodations for any improvements, whether public or private, to provide for future high capacity transit needs without major redevelopment (e.g., locate structures so they would not need to be altered to accommodate future high capacity transit facilities). Non-Motorized Transportation Non-motorized transportation facilities will be increasingly important to the eity in meeting the travel needs of its residents and workers and to reduce our dependence on automobiles. The City 01 Federal Way Commute Trip Reduction Plan 30 June 2007 pedestrian and bicycle systems can be implemented through a prioritized series of improvements to complement the transit, and HOV systems as well as create a key link to business, cultural, recreational, and residential elements that are a part of the FWCP Vision. Goals TG4 Enhance community livability and transportation by providing a connected system of pedestrian and bicycle ways that is integrated into a coordinated regional network. Policies TPSO Provide sidewalks on both sides of all arterial streets as funding allows. Provide a one-mile grid of bicycle facilities connecting major activity centers, recreational facilities, and schools. TP52 Incorporate pedestrian and bicycle features as design elements in the eity eenter as reflected in the FWep Vision and eity eenter Street Design Guidelines. TPS3 Ensure that eity facilities and amenities are ADA compatible. TP54 Work to extend the existing system of sidewalks. bikeways, and equestrian ways in the city to provide safe access to public transit, neighborhood and business centers, parks, schools, public facilities, and other recreational attractions. TP55 Work with other agencies, particularly relating to regionally significant facilities, to pursue funding for pedestrian and bicycle amenities. TPS6 Inform and educate the public on safety and use of non-motorized facilities. TP57 Ensure non-motorized facilities are safe and well maintained. Transportation Demand Management The Transportation Element acknowledges the eity's CTR ordinance and describes recommendations and goals for supporting eTR: 1. Encourage voluntary expansion of the eTR Program to employers of less than 100 employees. The encouragement by employers may be as diverse as subsidized bus passes, carpool space priority, bike racks. shower facilities, van pools, car pool information access, telecommuting, variable work hours, etc. 2. Encourage the formation and expansion of area-wide ride-sharing programs. Such programs operate with little direct cost to the eity and are highly cost-effective. 3. Facilitate the creation of Park and Ride facilities and transit centers to supplement the regional system, either directly through acquisition of property or indirectly through development conditions where employer vans are required to shuttle employees to Park and Ride facilities or transit centers. 4. Facilitate enhancements to the HOV System. This may include the acquisition of property for HOVlanes, construction of arterial HOV lanes on eity arterials and State highways, and priority treatments for buses at traffic signals. At the very least, opportunities to support improved access to the State system of HOV lanes should be identified and supported. Through TDM options, the eity recognizes it can maximize the effectiveness of the public investment dollar. Many jurisdictions are finding non-construction, or management actions, critical City of Federal Way Commute Trip Reduction Plan 31 June 2007 to the overall achievement of congestion management and protection of neighborhoods. As such, the TDM goals for Federal Way can be expressed as follows. Goal TG5- a. Employ and promote the application of non-construction, and transit/HOV construction actions to preserve and enhance mobility and assist in achievement of the land use vision. b. Develop methods to successfully measure and achieve the following HOV & Transit mode split- levels by the year 2010: . 15 percent of all daily trips over one mile in length; . 30 percent of all work trips; and . 40 percent of trips between major activity centers. c. Assist all CTR affected and voluntary employers in the Federal Way planning area to achieve the Commute Trip Reduction Act travel reduction goals. d. Ensure that all members of the community, including those with transportation disadvantages, have viable travel options or alternatives. Revised 2003111-65 Use transportation demand management to help achieve an appropriate arterial level of service that balances the economic, ecological, accessibility, and livability needs of the City's residents, consumers, employers, and employees. Policies TP58 Support the achievement of eity and regional mode split goals through encouragement of local and regional work at home and transportation coordination programs such as ride matching services and vanpools. TP59 Support other transportation demand management programs that can be shown to be cost- effective in achieving plan goals, while allowing residents and employers discretion to choose the methods they wish to employ. TP60 Develop an arterial street HOV system and related enhancement, which complements the regional freeway HOV system, through the following actions: . Place emphasis on the development of HOV and transit priority improvements; especially those requiring minimal cost or construction. These improvements should pace the extension of the regional system and minimize the gap between traveler needs and system capacity. . Establish an urban traffic control system that gives priority to buses and HOVs. . Establish policy that when arterials require more than four through lanes to maintain the adopted LOS, additional travel lanes will be for HOVs. As HOV lanes reach the adopted LOS standard, increase the vehicle occupancy requirements for their use (e.g. increase from two or more to three or more occupants). LOS will then be calculated by the average delay per person. TP61 Provide improved operational efficiency to the eity's transportation system and support regional monitoring programs through regular, structured reporting, monitoring, and performance evaluation. TP62 Modify the development review process by: . Incorporating revised impact analysis procedures that comply with GMA concurrency and other requirements. The revisions need to include revised Level of Service standards. City of Federal Way Commute Trip Reduction Plan 32 June 2007 . Streamlining it to the extent possible to minimize private development costs. Where developments are consistent with this plan, they should be allowed to proceed by mitigating site impacts; developing appropriate components of the HOV, transit, non-motorized and motorized chapters; and participating in an equitable citywide improvement funding or mitigation payment program. . Incorporating requirements of the Americans with Disabilities Act. . Requiring explicit consideration of pedestrian and bicycle circulation, as well as parking and general circulation needs. TP63 Adopt a flexible level of service standard which employs a measurement factor that accommodates demand management to help balance likely levels of growth, with opportunities to create a multi-modal transportation system. TP64 Encourage non-motorized improvements which minimize the need for residents to use motorized modes by providing: 1) access to activity centers; 2) linkage to transit, park & ride lots, and school bus networks; 3) completion of planned pedestrian/jogging or bicycle trails; and 4) designating a network of streets that can safely and efficiently accommodate bicycles. TP65 Enhance a non-motorized system by the following actions: . In instances where the citywide system of bike lanes, trails, and sidewalks crosses or abuts new development or redevelopment, consider requiring the developer to mitigate the impact of the development on the eity's transportation system by constructing bike lanes, trails, and sidewalks that interface with the existing system. . eoordinate development of the non-motorized system with surrounding jurisdictions and regional system extensions. . Extend the existing system of eity sidewalks to all streets. TP66 Recognize that TOM requires coordination, and work with regional representative and other adjacent communities to develop coordinated TOM strategies. Review of Comprehensive Plan Policies Appendix G includes an analysis of the comprehensive plan goals and policies that support eTA. The eTR Planning Guide included a list of goals and policies that eTR-affected jurisdictions should incorporate into their comprehensive plans. The analysis shows that there are a number of goals and policies that are not yet incorporated in the Federal Way eomprehensive Plan. During the next update cycle, the appropriate steps could be taken to create a stronger basis for the eity's eTR program. I Supporting Transit Plan Policies and Programs Public transit service is provided to area residents by a combination of fixed-route, express, dial-a-ride, and subscription bus services. King eounty METRO serves the eity directly, while Pierce Transit buses provide connections from the Park and Ride lot on 1-5 at South 320 Street to Tacoma and Puyallup. Sound Transit serves the Federal Way and Star Lake Park and Ride lots with regional express buses between SeaTac and Tacoma, and between Federal Way and Bellevue. METRO and Pierce Transit provide bus and park & ride facilities to Federal Way. City of Federal Way Commute Trip Reduction Plan 33 June 2007 Sound Transit is reviewing a high capacity transit system alternative for a second phase. The eity plan identifies stations/transit centers on or near the 1-5/SR-99 corridor at South 272nd Street, South 316th Street, South 336th Street, and South 348th Street. Until light rail transit is extended to Federal Way, the transit centers would be for bus transit only. The integration of the road system for vehicles and buses with high capacity transit is incorporated into this plan. Specific projects that are planned are: · Federal Way - Seattle New peak period, peak direction commuter service between the new Federal Way City Center transit center/P&R and downtown Seattle, operating every 6 to 15 minutes. · Link LRT: Extension from SeaTac Airport to S 272nd Street eontinue extension of the eentral Link light rail system from SeaTac Airport to S. 272nd Street in the vicinity of existing Star Lake or Redondo Highland Park and Ride including a new station in Federal Way. The project will include all necessary components such as infrastructure, systems, and stations. For prototypical costing purposes, the alignment is assumed to be aerial primarily along SR 99. The final alignment and station locations will be determined through project level design and environmental review. Prototypical cost estimates for the alignment are presented here. · Link LRT: Extension from S 272nd St. to Tacoma Preliminary design and right-of-way acquisition for an extension of Link light rail transit from Federal Way (vicinity of S 272nd Street) to Tacoma. For prototypical cost estimation purposes, the line is assumed to be a mix of aerial, at -grade and retained cut and fill primarily along the western edge of 1-5, and would include stations in the vicinity of Federal Way Transit eenter and 15 and S 348th Street. i Planning Coordination and Cross Boundary Issues The eity of Federal Way developed its eTR plan in coordination with other eTR-affected jurisdictions in King eounty. The eityof Federal Way also attended meetings that were sponsored by the Puget Sound Regional eouncil to discuss regional approval eTR issues. The eity of Federal Way has a number of cross boundary issues that affected its eTR Plan. Many of the commuters who travel to eTR-affected work sites live outside of Federal Way. eommuters travel to Federal Way from Seattle, Pierce eounty and East King eounty. Interstate 5 and State route 167 are the major state facilities that commuters use to travel to the eity of Federal Way. To address other cross boundary issues, the eity is working with regional partners on the following: · Working with King eounty Metro to provide transit services to the regional hubs. City of Federal Way Commute Trip Reduction Plan 34 June 2007 · Working with Sound Transit to improve transit access to the eity. . Working with WSDOT to coordinate state highway projects, including SR 167 · Working with the PSRe to coordinate on regional TOM issues. City of Federal Way Commute Trip Reduction Plan 35 June 2007 II. and III. BASELINE AND GOALS FOR 2011 The goal of the eTR program is to reduce drive alone vehicle use and vehicle miles traveled among employees who work in CTR-affected worksites by 10% and 13% respectively. The targets are based on the most recent eTR work site drive alone and vehicle miles traveled rates. The target was established by taking the most recent drive alone rate and multiplying the rate by 10%. This number was then subtracted from the most recent drive alone rate and the result established the target for 2011. Drive Alone Target = Most recent drive alone rate - (Most recent drive alone rate' .10) Vehicle Miles Target = Most recent VMT - (Most recent VMT · .13) 2005 Goal 2011 SOY 2005 Goal 2011 City of Federal Way SOY Target VMT Target Rate Rate VMT City of Federal Way Reduce Reduce (overall) 0.81 by 10% 0.73 11.64 by 13% 10.12 2005 Goal 2011 SOY 2005 Goal 2011 Employer SOY Target VMT Target Rate Rate VMT Reduce Reduce St. Francis Hospital 0.82 by 10% 0.74 9.11 by 13% 7.92 Reduce Reduce U.S Postal Services 0.91 by 10% 0.82 11.38 by 13% 9.90 Reduce Reduce Federal Way eity Hall 0.81 by 10% 0.73 11.59 by 13% 10.08 Reduce Reduce World Vision US 0.85 by 10% 0.77 12.87 by 13% 11.19 Reduce Reduce Berqer/ABAM 0.81 by 10% 0.73 10.97 by 13% 9.55 Virginia Mason Medical Reduce Reduce eenter 0.88 by 10% 0.79 9.66 by 13% 8.40 Reduce Reduce Financial Pacific Leasinq 0.79 bv 10% 0.71 14.13 by 13% 12.29 Reduce Reduce EDS 0.65 by 10% 0.58 12.53 by 13% 10.90 Reduce Reduce Weyerhauser eorporate 0.77 by 10% 0.69 11. 73 by 13% 10.21 Weyerhauser East eampus Reduce Reduce III 0.80 by 10% 0.72 12.10 by 13% 10.53 Weyerhauser North Buildinq 0.78 Reduce 0.70 11.67 Reduce 10.15 City of Federal Way Commute Trip Reduction Plan 36 June 2007 I & II b 10% b 13% Weyerhauser Northwest Reduce Reduce Plaza 0.80 b 10% 0.72 13.32 I b 13% 11.59 Weyerhauser Technology Reduce i Reduce I eenter 0.66 b 10% 0.59 11.01 b 13% 9.57 City of Federal Way Commute Trip Reduction Plan 37 June 2007 IV. STRATEGIES FOR ACHIEVING GOALS AND TARGETS Potential Actions for the City to Eliminate Barriers To help make progress towards reaching the City's eTR goals, the eity explored different strategies. The following potential strategies were identified that would help the eity achieve its 2011 goal. The eity would perform these strategies in coordination with King eounty Metro and other South King eounty jurisdictions . Parking To increase the percentage of commuters using transit, vanpool, carpool and non- motorized forms of transportation, the eity will work with eTR employers to encourage parking management program, such as implementing preferential parking for carpools and van pools and reducing parking capacity. The eity will also review its current policies and development code for parking requirements and possibly identify changes that could help reduce drive alone travel. · Transit Sound Transit, Pierce Transit and King County Metro operate transit services in the eity of Federal Way. eurrently, less than 1 % of commuters who travel to eTR- affected work sites use transit. To increase the transit ridership at eTR-affected work sites, the eity will work with transit providers to enhance transit services to make transit more accessible and convenient to commuters. The eity will work with transit agencies to extend service hours, increase coverage, expand span of service and make transit stops more accessible to work sites. · ereate local Networkinq Opportunities for eTR-affected Work Sites To increase opportunities for ridesharing and continue partnerships between employers, the eity, in coordination with King eounty Metro, will continue working with local networking enhancing opportunities for affected employers. local networking with other CTR-affected employers and businesses will offer opportunities to discuss eTR and transportation issues, coordinate ridematching services, conduct joint commute options promotions, and offer coordinated programs that can benefit their employees. · Land Use The eity will continue to implement its current land use policies that encourage the development of its eity eenter. Employers will be encouraged to locate in the eenter where higher levels of services, such as transit, non-motorized and TOM programs are offered. Higher densities would help to increase transit, vanpooling and ridesharing activities. City of Federal Way Commute Trip Reduction Plan 38 June 2007 · Emplover Assistance To help eTR-affected and other business work sites achieve their goals, the City and King eounty Metro will continue to provide assistance to employers with implementing their programs. · Manaqement Support and ETe training The eity, in coordination with King eounty Metro, will work with chambers of commerce and other business organizations to increase support for eTR programs. · Work with Developers to Implement Transportation Management Plans Through the eity's development review process, the eity will encourage developers to implement various TOM measures that will help encourage commuters to use non-drive alone alternatives. TDM measures include installing commuter information centers, preferential parking for carpools and vanpools. offering transit pass discounts, and using pedestrian-friendly design that encourages transit use. City of Federal Way Commute Trip Reduction Plan 39 June 2007 Recommended Strategies to Achieve Goals Based on the feasibility of implementing various potential actions that were identified, the following strategies are planned that will help the eTR-affected work sites make progress towards their 2011 goal. These strategies will be performed in coordination with King eounty Metro and other South King eounty cities. Implement City's Vision for Federal Way's City Center Employer Notification and Enforcement ETC Trainin and Guidelines Amend Comprehensive Plan to include language about the CTR Efficienc Act Trans ortation Mana ement Plan The eity of Federal Way has designated twe a eity eenter that includes visions for higher density mixed-use development that is supportive of transit, rideshare, pedestrian and bicycle use. The eity will continue to work implementing this vision which will support eTR-affected work sites efforts for meetin their eTR oals. The eity will continue to work with potential worksites that could be affected b the eTR Law. The eity will continue to work with Employer Transportation eoordinators (ETes) to implement successful eTR programs. ETCs will be responsible for coordinating annual fairs, conducting promotions, distributing information, notifying the jurisdiction about program changes, and reporting employee numbers. The eity will work with employers to ensure that recommendations/ uidelines are im lemented. The eity will review its Comprehensive Plan and add new policies to correspond with its eTR plan, if necessa . The eity will work with developers to encourage incorporating TDM elements in new development, including commuter information centers, preferential parking for carpools and vanpools, b'k I k h b'k k db t . . . Services and Facilities City of Federal Way Commute Trip Reduction Plan 40 June 2007 Transit Services Sound Transit Services Park and Ride lots Car 001 Services Enhance Bicycle and Pedestrian Facilities Telework Pro ram VanShare Pro ram Alternative and Flexible Schedules EA't The city will work with King County Metro to enhance transit services where feasible. The eity will continue to work with Sound Transit to increase Re ional Ex ress Bus services. The eity will continue to work with King eounty Metro to expand the King eounty park-and-ride lot s stem as needed The eity will continue to encourage carpooling and vanpooling through the use of www.rideshareonline.com. The eity will continue to work with major employers to encourage the provision of amenities such as bike lockers, access to shower facilities and changing facilities to increase usage of non- motorized trans ortation. The City will continue to improve its system of bicycle and pedestrian facilities as depicted in the eomprehensive Plan. The City will work with eTR sites as needed on a site basis to educate about the benefits of a telework ro ram. The City will work with King County Metro to promote Vanshare usage among CTR sites as appropriate. This program will help commuters (1) travel from a home area to a transit center or park- and-ride lot where they will connect with transit or (2) from a transit center or park-and-ride lot to their destination after having used a bus or the train to that location. The eity will continue to work with eTR employers to encourage alternative and flexible work schedules for their employees, including com ressed work weeks. The eity will provide assistance to eTR affected employers to help them meet the requirements of the eTR Efficiency Act and implement their . . . Marketing and Incentives ort The eity will work with eTR worksite managers and owners to educate them about the benefits of eTR to their or anizations. City of Federal Way Commute Trip Reduction Plan June 2007 41 Subsidies The eity, will continue to work and educated eTR affected employers on the benefits of a subsidy ro rams The eity will to expand education efforts to eTR employees about alternative commuting including workshops, information brochures, and advertisin . The eity will continue to work with major employers to conduct on site promotions, transportation fairs, and activities to increase awareness and use of commute alternatives. The eity will continue to work with the major employers to create networking opportunities to discuss eTR issues, coordinate ridesharin9 ro rams, and conduct .oint promotional efforts. Marketin and Education Promotional Events Networkin 0 ortunities City of Federal Way Commute Trip Reduction Plan 42 June 2007 v. REQUIREMENTS FOR MAJOR EMPLOYERS As defined by State Law, a eTR-affected employer is an employer that has 100 or more employees that arrive at a site between 6 and 9 a.m. Each eTR.aftected employer is required to reduce their drive alone trips by a minimum of 10% and vehicle miles traveled by 13% during a four-year period. In addition, CTR-affected employers will be required to implement the following program elements: Required Element Description Designate Employee Transportation Coordinator Regular Distribution of Information to Employees CTR Reporting CTR Survey Implementation of a Set of Measures City of Federal Way Commute Trip Reduction Plan The Employee Transportation eoordinator (ETC) is the point 9f contact between the employer and its workforce to implement, promote and administer the organization's eTR program. He/she is also the point of contact between the employer and the local jurisdiction to track the employer's progress in meeting eTR requirements Affected employers will be responsible for providing adequate training for the ETe, allow them to attend networking meetings, and provide them with the necessary time to administer the program. Employers will be encouraged to select an employee for this role who is hi h enou h in the or anization to effect chan e. Information about commute alternatives will be distributed at least monthly to employees. Information packets will be distributed to new employees at eTR-affected work sites. Examples of information that will be distributed will include: · Description of the employer's commute options program · Transit system maps and schedules · Vanpool information · Weekly traffic alerts · Wheel Options campaign promotional materials · Other timely promotional materials Once a year, the employer is required to complete the Employer Report and Program Description Form to determine if progress is being made towards achieving the goals. Reports must be submitted to the ei for review and a rove. Biennially, the eTR affected employers shall distribute and collect eommute Trip Reduction Program Employee Questionnaires (surveys) to achieve at least a 70 ercent res onse rate. The affected employer is required to implement a set of measures that are designed to increase the percentage of employees using some or all of the following modes: · Transit 43 June 2007 Required Element Description · Van pool · earpool · Bicycle or walking · Telework, eompressed Work Week, or Flexible Work Schedule · Other non-drive alone vehicle modes Measures to reduce drive alone trips and vehicle mites traveled include, but are not limited to: . Provision of preferential parking or reduced parking charges for high occupancy vehicles Instituting or increasing parking charges for single-occupant vehicles Provision of commuter ride matching services Provision of subsidies for transit fares Provisions of vans for van pools Provisions of subsidies for carpooling or vanpooling Provision of car sharing seNices Permitting the use of the employer's vehicles for carpooling or van pooling Permitting flexible work schedules Establishment of a program of alternative work schedules such as compressed work week schedules (such as 4/40 or 9/80) eooperation with transportation providers to provide additional regular or express service to the worksite eonstruction of special loading and unloading facilities for transit, carpool, and van pool users Provision of bicycle parking facilities, lockers, changing areas, and showers Provision of a program for parking incentives such as a rebate for employees who do not use the parking facility Establishment of a program to permit employees to work part or full time at home or at an alternative worksite closer to their homes Implementation of other measures designed to facilitate the use of high-occupancy vehicles such as on-site day care facilities and emergency taxi services Employers or owners of worksites form or utilize an existing transportation management association or other transportation-related associations by ReW 35.87A.Ol0 to - assist members in develo in and im lementin commute tri . . . . . . . . . . . . . . . . City of Federal Way Commute Trip Reduction Plan June 2007 44 City of Federal Way Commute Trip Reduction Plan 45 June 2007 VI. FINANCIAL PLAN The eity of Federal Way works with King eounty Metro to implement its eTR program. Currently, the eity receives funding from WSDOT to implement its CTR program and contracts with King eounty Metro to perform various services. Descnbed below are the funding sources, planned expenditures and funding gaps for the eity of Federal Way eTR program. I Funding Sources The CTR programs administered in Federal Way are funded by two sources, as described in the following table: Source of Responsible Estimated Estimated Estimated Estimated Funding Agency Amount for Amount for Amount for Amount for 2008 2009 2010 2011 eTR Base WSDOT $25,000 $25,000 $25,000 $25,000 Fundinq eity of eity of Federal $20,000 $20,000 $20,000 $20,000 Federal Way Way staff resources TOTAL $45,000 $45,000 $45,000 $45,000 I City 01 Federal Way Commute Trip Reduction Plan 46 June 2007 I Program Expenses The cost of implementing is shared primarily by the eity, the transit agency, and the employers. The following is a summary of the types of expenses incurred throughout the eity. Expense Responsible Estimated Estimated Estimated Estimated Party Annual Annual Annual Annual Cost 2008 Cost 2009 Cost 2010 2011 Prepare local eTR eity of Federal $10,000 $10,000 $10,000 $10,000 plan, update Way eomprehensive Plan, and eTR ordinance Employer eity of Federal $3,000 $3,000 $3,000 $3,000 Notification Way Administer eTR King eounty Metro $25,000 $25,000 $25,000 $25,000 program (contract management, annual reporting, program review, surveys, coordination meetinqs) Offer program eity, Employers $380,000 $380,000 $380,000 $380,000 incentives TOTAL $418,000 $418,000 $418,000 $418,000 Note: This figure does not include HOV capital projects listed on the 2007-2012 TIP with an estimated cost of $55.6 million and pedestrian improvement projects of $1.094 million. City of Federal Way Commute Trip Reduction Plan 47 June 2007 I Financial Gaps The following table summarizes program areas that are not currently funded. However, some potential funding sources have been identified for the applicable organization to target. Service or Target Market What Strategy Will Financial Gap Strategy Accomplish Develop ehief Executive Increase management $5,00O/annually Management Officers, support for eTR program Support program by giving employer managers recognition and describing benefits of oroaram to eEOs T elework CEOs, ETes Training and assistance $5,000/annually Education and to help set up telework eompressed Work programs, Week Transit, vanpool eommuters at Subsidies to encourage $20,00O/annually I and carpool eTR-affected commuters to shift to subsidies work sites transit, van pool and caroools Marketing and eommuters at Increase awareness of $5,000/annuaUy Promotions CTR-affected transit and ridesharing work sites oroarams. Bicycle Amenities eommuters Work with employers to $25,OOO/annually I provide amenities to bicycle commuters, i.e. bike racks, lockers, and public information. TOTAL $60,OOO/annually The following funding sources have been identified that potentially could be used to fund eTR programs: · eongestion Management Air Quality Grants · Surface Transportation Program Grants · Employer Trip Reduction Performance Grants · Washington State eonstruction Mitigation Funding · Transit Agency Funds · Local Jurisdiction Funds · Major Employers City of Federal Way Commute Trip Reduction Plan 48 June 2007 I Summary The following table shows the amount of money necessary to implement all of the proposed strategies listed in the previous tables. There are insufficient funds at this time; however, some potential funding sources have been identified below. Potential funds to be used to fill in funding gaps: · eongestion Management Air Quality Grants · Surface Transportation Program Grants · Employer Trip Reduction Performance Grants · Washington State eonstruction Mitigation Funding · Transit Agency Funds · Local Jurisdiction Funds · Funds from Major Employers Budget Summary Estimated Estimated Estimated Estimated Annual Cost Annual Cost Annual Cost Annual 2008 2009 2010 2011 Existinq Funding $45,000 $45,000 $45,000 $45,000 ExistinQ Expenses $418,000 $418,000 $418,000 $418,000 Unfunded Proqrams $60,000 $60,000 $60,000 $60,000 Needed Funds $433,000 $433,000 $433,000 $433,000 City of Federal Way Commute Trip Reduction Plan 49 June 2007 VII. IMPLEMENTATION STRUCTURE The eity plans to work in partnership with King County Metro and its affected work sites to implement the eTR program. Organization Responsibility City of Federal Way The eity will be responsible for developing and implementing their local eTR plan. It is responsible for ensuring that eTR plan is consistent with its local comprehensive plans. As part of its eTR plan, the eity will set the goals and targets for the affected employers. For eTR program administration, the eity is responsible for ensuring that affected employers are in compliance with the CTR law. King County Metro In partnership with the eity, King eounty Metro will be responsible for employer outreach, conducting marketing and promotional activities, and orovidinQ services to eTR-affected work sites. Major Employers Employers affected under the eTR law are responsible for implementing their eTR program requirements, including information distribution, designating an ETe, submitting program reports, delegating adequate time for ETCs to perform duties and implementinQ proQram elements. I CTR Program Activities I Update eomprehensive Plan eity of Federal Way 2008 eTR Pro ram Enforcement Implement Vision of Downtown Federal Wa Review Parkin Policies Services and Facilities ei of Federal Wa eity of Federal Way On- oin On-going ei of Federal Wa 2008 - 2011 Transit Services Van pool Services On- oin On-going Sounder and Regional Express Sound Transit Bus Ridematchin services Bic cle and Pedestrian On-going City of Federal Way 50 Commute Trip Reduction Plan June 2007 I Facilities Marketing and Incentives Wheel Options eampaign I I I Mana ement Support Parkin Mana ement Marketin and Education Promotional Events Marketin and Education eoordination with other A encies City of Federal Way Commute Trip Reduction Plan June 2007 51 . .... VIII. DOCUMENTATION OF CONSULTATION AND PUBLIC INVOL VEMENT On June 6,2007, the eity of Federal held a meeting with employer representatives from its eTR- affected work sites. The purpose of the meeting was to review the eTR Efficiency Act and to inform the employers of the new requirements. The eity also discussed ideas and strategies that could help the eTR-affected work sites make progress towards meeting their goals. The meeting summary of the workshop can be found in Appendix F. In addition to meeting with employers, the eity of Federal Way coordinated the development of its eTR plan with King eounty Metro, the Puget Sound Regional eouncil and other jurisdictions in King eounty. City of Federal Way Commute Trip Reduction Plan 52 June 2007 APPENDICES Al!J)endix A CITY OF FEDERAL WAY VICINITY CTR WORKSITE PLANS legend "* erR Sites "'----- _Fre'!Wll~ - Princip.t -.C04I@:cbr I flus Postal S ic ~S1fr.:vos Loc" I. , \" } CityH"1 *v'~'f~maeu.ser tNV Pl~ . ~rger lA.B.llM N """0"" P "",10; Leasing '~"~~ 1 ~ Perteet MaV 14. 2007 I .. J, o 0.25 05 0.75 1 . Miles Federal WJI/ eTR Plan Federal WJI/ erR WOlksites Figure A Al!Pendix B CITY OF FEDERAL WAY COMPREHENSIVE PLAN City of Federal Way Comprehensive Plan -"'--. _'''''~_.r.. [Jugee Sound '1 ., __~.J Perteet May 14, 2007 Federal Way eTR Plan Federal Way eTR Employers 2006 Compl'el1enslve Plan Map Source Date: Aprtl 2006 Figure B A~~ndix C CITY OF FEDERAL WAY ZONING MAP City of Federal Way Official Zoning Map ~..._....... ,-,-_.....-..,..'. Q, '" :l: ~ :9- 5 F)u_iI.'et S'()und / -. ~: U (:..;>'5 ),5 ~_..2 ~~ , -;t I ~;;g=-s:;:;::_ :;';:;';-';'i~~ ! Oo:==~== "--0::=== I ="::'=-~',':";':':"'~',:::;- :::-~..:...~- ~federal Way "",1 ~ Perteet May 1., 2007 Federal Way CTR Plan feftral Way CrR Employers 200t Zoning Map Map Source Date: April 2006 Figure C A~endix 0 CITY OF FEDERAL WAY TRANSIT SERVICES AND FACILITIES Legend o I4ng County tut...o Bus Stop I P.iI4l:~Rida - King Cot.nty M8tro Bus ROI..t_ @ (), N I J. J., o 8 [lJ Perteet MaV 14, 2007 o 025 05 015 I ,Miles Federal Wilt eTR Works ites Transit Routes, Bus Stops, and Parlo: & Ride Fadltles Figure 0 legend ~ Metro Transit RotJles -- 983 -- Metro Routes -limited Service €if,} Sound Trafllit Routet tJJj) Community fram;il Roules _ Pierce Transit Routes o Sf Sounder Commuler Rail Station o Majer Transfer Points B r I r.81 ~ ...... .....' , 1.1 .. Fare lone Boundary (Swtr'.e Cit'/Lia~1S) DART SeMce Area ([)al-A-lMe-iillsit) Parks Transit Centers Park 8. Ride Lou lEGEND 2i1t u.IH 'f~~1jii'l 1sq.1~.l . tS,T.$u.m, j '>'<"""'2~i'~,/,.....'__""'<"""""~"'~"'" <~"'~'"l.1 IlI& IiaUH -.Nti..... ~ - IlI.aIiaUH-.Nti9ll*.:nt, "'1' kti'Hdilt S..ln."....rwl..1lf IMh_.ID;I md fHl~I:-Qj' _~1''''1IIIt U_ n II II .. o).Mj M1Ii "'t~ "i-:i1Ii 'ilia fiar&Mbn.:II ~"'61 kHr:II Wq''''~ Clll-' 0luIiIw........ ~ AI "........" 0Uc-. fijI.'. 7nnd: c.... ~ P<n:unn: .. .~:~ . CtII :II ... T.............. f;MII'!} Qlbal.~ WI,- ~. d'.....\liIlIy~a.-t'l.C.... fdiR CCWPA1f'l" lM.e I. I:'tIIlil24 g. r~l~ 2 EMIZ US GllMrrnVJI :;, raJlM c.tt, '" r.... WII:t .. OlOSIO ~_C~ So ~I.l '~....CDql/M'ty d ~ ~...C~ T. I!lI!d5T2 ~C~ A. Elil6'l'Ta 'a'IilIti:t ...,.." Q I:'.6li&IO BlIQ...'YIAW 10. E41'4IiIO~: PadIr:::.lM8n; IS. CQJIO ~..C_J:m, 12. DllIi'" ms 11 CIID1QIJ'~~::'::...~ ~....---.'..' n.~ :C.'-.=-. ~. '~". '.~. ". :".""~. '. a:-:::="~. "-..- -......,...~-~. ".' -,~..-..~~;~....~ ='t.....~~~_~~.:-!~~..'~._~ r=;= ..AI!..........' '. .-...~.~l.-.-...'~ }It l + ~~~ ----.....- """"'" -",-- .........- FEDERAL WAY Active CTR Sdes - '~"'~ 8 ., Co.., ;, 4. LEGEND _ MOIrI"~"'~~~~""". etc.w: fi'4,:','t,1104.1Ot~.~ ::II:J:: fI'Nl AT'" _iN ru*:i ..~ Xl T._ '" tcHr. f~fn;f.!1i'.(~ tlf, tl"117;~n - M~!WitlI...... "'ad~'. ~(~.1t;O:~~ .......... F'MIr w,--.--lIIlfil!,:t..., m a AcMCTR..l ~~. ~>>:a";;'1< .,.1O ,I II ~C_iH .. ~"''''''''Ui ~ ~~~tDAlm c1V "'rHtnl..... ~lIf'ftnlWr~., Q!Mojc..... (".. L... N.~ ..'So; .Jt~1IiM!'t. :'-,; I FEDERAL WAY Route Frequency ~~::"'--=:'~~J:..~_.~~=~~--- ;%:~~-:::~~.~.~:-_~~.~-"-~L,:, ====::===--:..tl-!~-::;;-"'" . _ - - -:.~.... :v.:.";!"~~~ II @) -....--. :--~.:--- , +111 . - "~l'~, ~.,. IOnt c:ov., ..- -- ~ __R~ wIil.JI.cDy.....a -"R~wI!l..~.oNj ...-.ic'.!i r--lia t.fia.. ".....0.."'. ,...." IiIItr.! ...... ..L.. ...... .. ~ M-OIIr ~ ~ E!!!bHI. 1l:Mrl:0IniIr .. ~ La: 2., LaM flu ;:_~_"l 1SO, 192. 1'114 : , 181,.1ri.. . ~ k~::__;;,,';;_>;;_-.~';';L~J 1M FEDERA'LWAY Transit Routes ~e';;i,:,:"":=-~~:;=:!:..,,,:' ~~-'~-~"""""..~.~~~ .......-,....:III..-_._---.~...,,-~...- ~o::-'_-=-~~..~.- ---- ........-..... ,-.-.............-..-..- ....,~--....................~ i:_~ ."~ . ....... ~~.~ i) t(QJ CowIty AQjlendix E CITY OF FEDERAL WAY NON-MOTORIZED FACILITIES !.\ ~ N Scale: o 1 Mile ~ ,".' Federal Way City Umits Potential Annexation Area Class 1 (Separale Trail) Class 2 (Marked Bike Lanes) Class 3 (Bike Roule) ~ Federal Way /" . /v' /V /V i~i it] Perteet May 14, 2007 Bicycle Facilities Plan Federal Way eTR Plan Federal Way. eTR Employers Non-Motorized Facilities Map Source Date: October 200e Figure E Al!Pendix F COMMUTE TRIP REDUCTION WORKSHOP SUMMARY City of Federal CTR Employer Workshop Tuesday, June 5, 2007 Federal Way City Hall On June 5, 2007, the eity of Federal Way held a meeting to discuss the eTR Efficiency Act with eTR-affected work sites in Federal Way. The following individuals were in attendance at the meeting: , Workshop Partici ant Kris Hakola Donna McGhee Jane Finch Don Hall Eric Kaplan Bill earson Jonathan Don Sarady Long Aqenda: · Introductory Remarks - Sarady Long, City of Federal Way · Overview of CTA Efficiency Act - Jonathan Dong, Perteet Inc. · Group Discussions led by Jonathan Dong. Perteet Inc Summary of Small Group Discussions: 1. What are the challenges facing your organization as it implements the CTR program? · It is very difficult to convert people from using drive alone vehicles to non-drive alone vehicles because people want flexibility with their travel. · Some organizations have very limited resources and it is difficult to provide resources for the eTR program. · There is high turnover among staff at some organizations. · Transit is not accessible to some of the work sites. · Van pools are hard to form because it is difficult to get at least five people together who have the same schedule. · Van pooling is difficult because it is hard to get drivers. · Vanpooling is cost prohibitive. 2. What are your suggestions for improving the eTR program? · Implement tolls at bridges which will discourage people from driving. · Provide incentives for using non-drive alone modes, particular vanpooling. · Provide subsidy to vanpool if they are unable to fill the van with at least 6 riders. · Increase communication to commuters about non-drive alone alternatives. · Restructure the way van pools are charged. Instead of charging by the van, charge by the trip to allow for flexibility for more riders. · Allow vanpools to pick up other riders that do not regularly ride in the van. · Encourage employers to offer telework which is very popular among commuters. 3. What types of assistance would you like to see from the eity and Metro? · Provide monetary assistance for using non-drive alternatives · Follow up with the van pool program to allow for more flexibility with ridership and cost structure. · Increase marketing and promotional activities. ~endix G COMMUTE TRIP REDUCTION SUMMARY OF POLICIES THAT SUPPORT CTR U r b a n G r 0 wt h A r e a s Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Pursue transportation demand management (TDM) strategies at the None 10caVregionallevel by coordinating with regional and state partners so customers see their travel choices and the various TDM promotions as a coordinated, integrated system that makes a difference in the community. Example: Regulations to influence travel behavior Marketing Improvements in services and facilities Require the integration of non-motorized and transit connections when LUP38 planning and developing urban centers or GTEe's. Establish urban centers and/or GTEe's where they can be served by LUP38 regional transit agencies, or work with the appropriate transit agency to expand service to the urban center within a reasonable time frame. Urban Design Encourage new housing developments to be located in urban growth NA areas and small towns to help provide a sense of community and safe, non-motorized transportation to community facilities and public transit modes. Discourage transportation improvements that would trigger development NA that is premature or not consistent with applicable comprehensive plans, policies, or zoning. Provide aesthetic and functional amenities along pedestrian facilities, LUP25 such as water fountains, benches, trash receptacles, public art. and open spaces (such as seating plazas). Provide pedestrian, and bicycle connections in newly developing areas of LUP31,32 the city, promoting both internal access and linkages with the rest of the city. Incorporate transit-supportive and pedestrian friendly design features in LUP 38, FWCC new development through the development review process. Examples include: Provide pedestrian pathways that minimize walking distances to activities and to transit stops. Provide weather protection such as covered walkways or arcades connecting building developments, and covered waiting areas for transit and ridesharing. Incorporate guidelines for addressing that sidewalks and walkways are TP28, TP38, separated from the roadway by a landscaping strip or drainage swale. FWCC Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Adopt pedestrian friendly design guidelines, especially in high pedestrian LUP25, FWCC activity zones, such as wide sidewalks, landscape buffers or strips, street trees, adequate lighting, traffic calming measures (such as traffic circles. curb bulbs, raised medians, speed tables and chicanes), special Qavements, and bollards. Adopt development design standards that promote a pedestrian friendly LUP32 environment. Such standards May include reduced building setbacks, requirements for display windows, building entrances oriented toward the street, and locating parking lots to the rear or side of buildings. Secure bike lanes and trail improvements or easements through the FWCC development review process to develop portions of the bicycle and pedestrian system. Require new developments to incorporate non-motorized features or TP65 programs designed to promote use of alternatives to single-occupant vehicles, such as; . Preferential parking for car pools and van pools · Special loading and unloading facilities · Transit facilities, including comfortable bus stops, and waiting areas, adequate turning room, and where appropriate, signal preemption and queue-jump lanes · Bicycle parking and related facilities Inter-Agency Coordination Pursue strategies that make transit safe, secure, comfortable, and TP71 affordable. Integrate multiple access modes, including buses, carpools, and TP58. TG8a vanpools, bicycles, and pedestrians. Integrate transit-oriented development opportunities with the private and TP1 public sectors. Zoning Discourage the development of major, stand-alone park and ride facilities None with city limits. Situations where additions to park and ride capacity could be considered include: At the terminus for a major, regional transit system. When opportunities exist for "shared parking "(e.g., where transit commuter parking can be leased from another development. Such as a shopping' center, movie theatre, church, etc.) Areas where alternatives to automobile uses are particularly inadequate (e.g., lack of direct transit system, or pedestrian and bicycle access) or cannot be provided in a cost-effective manner. / Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Allow a reduction in the number of required parking spaces if a Recommends development provides ride-share programs, car pool parking spaces, bike adding to Compo racks, lockers or other approved non-motorized parking options. Plan. Encourage transit oriented development and pedestrian friendly land use LUP38 characteristics through zoning and land use policies that encourage mixtures of land uses, increased densities in targeted areas with design standards. Adopt a parking credit program that allows developers to reduce the Recommends number of required parking spaces if they provide an alternative adding to Comp transportation program to drive alone vehicles. Plan. Housing Element Work with other jurisdictions to achieve a jobs/housing balance that None makes it possible for people to live closer to where they work. Promote quality, community-friendly residential development, through LUP 17. LUP 18 features such as enhanced open space and pedestrian connectivity. Capital Facilities Element Explore the possibility of encouraging cooperative funding for bicycle None trails. Implement a methodology for public-private partnerships when it would CFP 27 result in a mOre efficient use of public resources. Aggressively seek funding opportunities for safety, mobility, intermodal, CFP 22 bicycle, pedestrian, neighborhood, and transportation demand management improvements Provide adequate and predictable funding to construct and maintain TP57 pedestrian and bicycle capital projects. Effectively link pedestrian project funding and approval decisions to TP52 priorities identified in the eTR plan, as well as the Non-Motorized element of the jurisdiction's eomprehensive Plan. Support a greater investment in pedestrian enhancements, and ensure TP50, TP54, TP55 that all new transportation projects include funding for pedestrian improvements. eontinue programs to construct, maintain, and repair sidewalks. TP50, TP54, TP57 Assign high priority to pedestrian and bicycle projects that provide access TP51, TP54, TP55 to major employment areas and activity centers, provide linkages to transit, complete planned bicycle facilities and provide system connectivity. Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Effectively link TDM program funding and approval decisions to priorities None identified in the eTR plan, as well as the transportation element of the jurisdiction's eomprehensive Plan. Utilities Element Secure sidewalk and trail easements over existing utility lines where ever None feasible Transportation Element Carpools, Van pools, & Ride Share Ensure that the city as an employer sets a positive example by None maintaining a strong transportation demand management program for its employees. Pedestrian System Connectivity The city should ensure that continuous and/or direct bicycle lanes are TP62 provided between all jurisdictions and major activity centers. eonsider pedestrians along with other travel modes in all aspects of TP54, TP62 developing the transportation system. Provide safe and convenient pedestrian access in all new and improved transportation projects, unless exceptional circumstances exist. Remove barriers and deterrents along the existing pedestrian system to TP57, TP64 create better access between employment facilities, residential and other uses. eoordinate the local jurisdiction's existing and planned pedestrian system TP 55, TP65. TP66 with adjacent jurisdictions to provide a continuous, coordinated system, especially when major employment and activity centers are nearby. Secure sidewalks and trail improvements or easements through the TP10, TP62 development review process to develop portions of the pedestrian system. Pedestrian Safety and Security Adopt and use national (American Association of State Highway and None Transportation Officials, AASHTO) design standards for pedestrian facilities. Address the special needs of citizens with various degrees of mobility in TP53, TP70 planning, designing, implementing and maintaining pedestrian facilities. Provide consistently designed pedestrian activated signal crossings, and None consider technologies that enhance pedestrian safety at crossings, such as longer crossing times and audible crossings. ExampliCommute'TripReduCtion& ,"',' " ", ' "/' '.' " '. Goals & Policies ~ Growth Management Planning Policies, " , ' ," , ,jn Current Plans Pedestrian and Bicycle Convenience . Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Improve mobility and safe access for walking and bicycling, and create incentives to promote non-motorized travel to employment centers, commercial districts, transit stations, schools and major institutions, and recreational destinations TP54, 56, 57. 64 Update and review the Pedestrian and Bicycle transportation Plan every five years. The updates should consider the existing and future role of the single-occupant vehicle in relation to non-motorized and public transportation modes, as well as newly annexed areas, areas experiencing unforeseen development and/or redevelopment. and other emerging issues. Develop an effective "share the road/share the trail" concept for pedestrian and bicycle education programs for the motorized and non- motorized public. None Recommends adding to Camp. Plan Accessibility Sidewalks or pedestrian facilities should be located along all both sides of all arterials, collectors, and at least one side of most local streets. Pedestrian facilities should be wide enough to allow the disabled, such as wheelchair users, to access them, usually a minimum of 5' to 6'. A wider facility should be provided along principal arterials (generally a minimum of 8'), or in business districts that attract more pedestrians. Direct pedestrian linkages should be considered whenever possible, to connect between internal land uses and arterials. This reduces walking distances to transit stops and commercial uses. TP50 TP53, TP62. FWCCC TP51, TP54 Public Transportation Encourage interconnections and time coordination of public transportation TP67, 68, TP71 modes (bus, coach and rail) to increase level of service and ridership. Work with transit providers to provide transit service that is fast, frequent, TP71 and reliable between urban centers and urban villages and that is accessible to most of the city's residences and businesses. Pursue strategies that make transit safe, secure, comfortable, and affordable. Support development of an integrated, regional high capacity transit TP25, 31,33. TG6 system that links urban centers within the city and the region. Develop partnerships with transit providers to implement projects TP71, TP74. TP68 providing neighborhood-to-transit links that improve pedestrian and bicycle access to transit services and facilities. Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans eoordinate with regional, state, and federal agencies, local governments, TP71, TG2 and transit providers when planning and operating transportation facilities and services in order to promote regional mobility for people and goods and the urban center approach to growth management. Design transit access into large developments, considering bus lanes, TP73, 75 stops, shelters, non-motorized fanes & facilities as part of the project design eoordinate with transit providers and the private sector to develop and TG5, TP58, 59, 66 implement compatible transportation demand management regulations and strategies that are consistent with the eommute Trip Reduction Act. Work with car share companies to provide car share opportunities at key None locations, such as major employers, business districts, and high density residential areas. Provide preferential lanes, such as High Occupancy Vehicle (HOV) lanes TP42, TP60, TG7 on roads which will benefit commuters the most, such as those with major transit routes, and those experiencing the greatest congestion. Ferries For water-borne travel across Puget Sound, encourage the expansion of N/A the passenger-only ferry service and land-side facilities and terminals that encourage walk-on (by-foot, bicycle, transit) trips rather than ferry travel with automobiles. eoordinate ferry arrivals and departures with mass transit systems to N/A ensure an efficient flow of people and traffic. Education and Encouragement Educate the general public and public officials about the economic, None transportation system performance, environmental, health and social benefits of walking and biking and develop improved programs to encourage increased levels of walking and biking. Educate drivers and pedestrians about pedestrian safety issues, and TP56 enforce pedestrian related laws. eonsider the formation of a pedestrian advisory committee to provide Already in place input to the jurisdiction (staff and elected officials) on pedestrian related issues and needs, as well as review of major transportation projects to ensure that pedestrian needs are adequately addressed or considered. Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Develop a pedestrian walking/biking map that is focused on major activity Already eXist centers, such as business districts or major employment areas. The map should identify sidewalks, trails, bike routes, transit corridors and bus stops/transit centers, and key activity centers such as institutional uses and government centers, major employers, commercial or retail areas, parks, and other points of interest. Monitoring Ensure that the local government monitors the results of its TOM programs and policies, and continually evaluate changes needed to improve mode split goals. eontinually evaluate large employer eTR program effectiveness and reduce the employer threshold if needed to achieve the jurisdiction's mode split goals. TG5 TG5 . Funding Mechanisms Economic Development Element Promote public awareness of the impact travel choices have on None household finances, personal quality of life, society, and the environment, and increase awareness of the range of travel choices available. Employment Require large employers to implement a commute trip reduction program FWCC for employees. as mandated by the eommute Trip Reduction Act. The county/city should encourage employers in urbanized areas to offer FWCC staggered work hours or flextime and other Transportation demand Management programs such as parking management, ride match services and preferential parking of vanpools, carpools, covered bike racks, lockers and showers at work sites. Encourage employers to provide information and marketing on commute FWCC, TP58 alternatives, such as transit schedules, rideshare information, and guaranteed ride home programs. Encourage employers to develop telecommuting options, which allow FWCC, TP58 employees to work one or more days at home or at a "satellite work center" closer to their homes. Encourage employers to allow flexible work schedules or compressed FWCC work weeks to help reduce the number of vehicles using local and regional roadways. Encourage major employers to provide daycare opportunities onsite or None nearby. ,."... -~ -- Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Encourage employers to provide subsidies to employees who commute None using other modes, such as free or reduced prices for transit passes. or discounted parking for rideshare vehicles. Parks & Open Space Element Provide for adequate roadway, pedestrian, and bicycling connections in TP51, TP52 newly developing areas of the city, promoting both intemal access and linkages with the rest of the city. Identify areas to be designated as pedestrian promenades, with No P&O Element pedestrian friendly environments. Provide for uniform bicycle and pedestrian markings and design No P&O Element standards for travel along city bikeways and walkways. A~endix H GLOSSARY OF TERMS GLOSSARY OF TERMS Affected Employee: Under the eommute Trip Reduction (eTR) law, an affected employee is a full-time employee who regularly begins work between 6 a.m. and 9 a.m., at a single work site, on two or more weekdays for at least 12 continuous months. Affected Employer: An employer is "affected" under the eTR law if there are at least 100 "affected" employees at a single work site. Alternative Work Schedules: AWS programs offer alternatives to the typical eight-hour work day. Options include flex-time, a compressed work week, and staggered work hours. Automobile Dependency: Transportation and land use patterns that result in high levels of automobile use and limited transportation alternatives. In this case, "automobile" includes cars, vans, light trucks, SUVs and motorcycles Base Year: The eTR law requires affected employers to measure the results of their employee trip program against base year values for VMT and drive alone vehicles. The goal year is 2011. Bus Rapid Transit: Special lanes dedicated to transit buses, often incorporating other features to insure high quality transit service. Carpool: Two to six people age 16 and older, sharing the ride in an automobile to and from the work place. Commute: The trip made by an employee between their home and work locations, regardless of the distance or mode used. Compressed Work Week: A work week that is compressed from the typical five-day, 40 hour work week into a shorter work week but maintaining the same number of hours. Commute Trip Reduction Program: A eTR program is comprised of strategies used by an employer to reduce employee use of single-occupant vehicles (SOVs) and the vehicle miles traveled (VMT) per employee. The eTR program specifies the measures to be used that will achieve the target goals. Drive Alone Vehicles: A vehicle that is occupied by one person. Employee Transportation Coordinator: The eTR law requires employers to appoint an employee transportation coordinator, or ETe. The personal is personal change agent who provides the "human touch" needed to remedy traffic congestion and air pollution problems. An ETe is the organization's key contact person providing commuting information to employee~ and liaison activities with transit agencies and local jurisdictions. The ETe creates marketing strategies, administers employee ridesharing programs, and measures results. Guaranteed Ride Home (GRH): GRH programs provide an emergency ride home for employees who commute to work in a ridesharing mode and have an illness or emergency. Typically, an employee can take a cab ride home and charge the ride to their employer's account or be reimbursed for the expense. High-Occupancy Vehicle (HOV): a passenger vehicle carrying more than a specified minimum number of passengers. HOVs include carpools, vanpools, and buses. HOV requirements are often indicated as 3+ (three or more passengers required) or 4+ (four or more passengers required). HOV lane: This is a traffic lane limited to carrying high occupancy vehicles (HOVs) and certain other qualified vehicles. HOT Lanes (High Occupancy Toll lanes): HOV facilities that allow lower occupancy vehicles, such as solo drivers, to use the facility if they pay a toll. This offers users three options: drive alone on an unpriced but congested general purpose lane, drive alone and pay to use a less congested lane, or rideshare (carpool, vanpool or ride transit) to use a less congested lane without any additional fee. Mobility: The movement of people and goods. Mobility Management (Also called Transportation Demand Management): Various strategies that change travel behavior (how, when and where people travel) in order to increase transport system efficiency and achieve specific objectives such as reduced traffic congestion, road and parking cost savings, increased safety, improved mobility for non-drivers, energy conservation and pollution emission reductions. Nonmotorized Transportation (also known as Active Transportation and Human Powered Transportation) includes Walking. Bicycling, Small-Wheeled Transport (skates, skateboards, push scooters and hand carts) and Wheelchair travel. Parking Management: Strategies aimed at making better use of available parking supply. Parking management strategies include preferential parking or price discounts for carpools and/or short- term parkers, and disincentives, prohibitions and price supplements for those contributing more to congestion. Parking Pricing: Strategy to reduce automobile use by requiring motorists to pay directly for using parking facilities. Time variable parking pricing can be used as a congestion reduction strategy. Parking Cash-Out: This means that people (typically commuters, and sometimes residents of multi-famify housing) who are offered a free parking space are also offered the cash equivalent when they use alternative transportation modes and so do not impose parking costs. Ridesharing: Ridesharing is any cooperative effort of two or more people sharing a motor vehicle traveling to a common destination, such as a work site. earpools and van pools are common forms of ridesharing. Smart Growth: Land use development practices that create more resource efficient and Livable communities, with more Accessible land use patterns. An alternative to sprawl. Sprawl: Dispersed, low-density, single-use, automobile dependent land use patterns. Stakeholder: Individuals or groups that are affected by a decision and have an interest in its outcome. Teleworking: Teleworking involves the use of telephones, computers, and other technology to work from a location other than a conventional office. Transportation Demand Management (TOM): Various strategies that change travel behavior (how, when and where people travel) in order to increase transport system efficiency and achieve specific objectives such as reduced traffic congestion, road and parking cost savings, increased safety, improved mobility for non-drivers, energy conservation and pollution emission reductions. Also called Mobility Management. Transportation Management Association (TMA): A TMA is a partnership or organization that brings interested parties together to work on transportation issues. Vanpool: A vanpool consists of seven to fifteen people sharing their commute in a passenger van, generally riding to the same place of employment. Vehicle Miles Traveled: Number of miles a vehicle has traveled for a commute. COUNCIL MEETING DATE: November 18,2008 ITEM #: 5.f. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grant Funding for Police Department Registered Sex Offender (RSO) Program POLICY QUESTION: Should the City of Federal Way accept the one-time grantfunding of$51,321.58 provided by King County for the purpose of addressing the verification of addresses and residency of registered sex offenders in Federal Way? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: November 10, 2008 CATEGORY: IZI Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: Commander Steve Neal _ .................................. .................................... .............--....................................-... .......................................... DEPT: Police Department Attachments: 1. Cost Reimbursement Agreement 2. PRHS&PS Memo Options Considered: 1. Accept the grant funding under the specific terms and conditions set forth by King County. 2. Reject the recommendation to accept the grant funding STAFF RECOMMENDATION: Staff recommends Option 1. ~ ~ II DIRECTOR ApPROVAL: iJ- l,.Ji/ ~ Committee t1-j..t/~ cou!)tl~ CITY MANAGER ApPROVAL: I COMMITTEE RECOMMENDATION: PRPS recommends Option ::l- ~ ROPOSED COUNCIL MOTION: e approval of the acceptance of the on-time grant funding of $51,321. 58.from King County for the Police Department Registered Sex Offender Program". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO 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 CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: September 10, 2008 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manager FROM: Brian J. Wilson, Chief of Police SUBJECT: Police Department Registered Sex Offender Program Grant Backe:round The Federal Way Police Department is seeking grant funding of$51,321.58 from the King County Sheriffs Department in support of the Federal Way Police Department Registered Sex Offender and Kidnapping Offender Address and Residency Verification Program. The funds to be used to reimburse overtime funding incurred by personnel participating in the application of the program. The Police Depatment is dedicated to the task of verifying the current addresses and residencies of all sex offenders living in the City of Federal Way. The city's response involves partnering with King County Government in implementing multiple program elements. - Partnership with King County, to ensure that sex offenders are in compliance under the guidelines of current laws. - A strong enforcement effort to apprehend and prosecute offenders with an emphasis on community safety. The accepting offunding from King County will augment the City of Federal Way's on-going effort to enforce current laws and regulations pertaining to sex offenders, improving the quality of life for our citizens. The funds will be used to primarily reimburse for overtime expenses incurred while verifying current addresses and residency of sex offenders. It is the recommendation of the Police that the City of Federal Way accept the one-time grant funding provided by the King County Sheriffs Department for the efforts regarding the program. 1 Cost Reimbursement Agreement Executed By King County Sheriff's Office, a department of King County, hereinafter referred to as "KCSO," Department Authorized Representative: Susan L. Rahr, Sheriff King County Sheriff's Office W-150 King County Courthouse 516 Third Avenue Seattle, W A 98104 and Federal Way Police Department a department of King County, hereinafter referred to as ''''Contractor,'' Department Authorized Representative: Brian Wilson, Chief of Police 33325 8th Avenue South Federal Way, WA 98063 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders; and WHEREAS, the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE, the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to pay overtime to Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eight (8) Articles: ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1, 2008 and shall end on June 30, 2009 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing overtime expenses incurred by personnel participating in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face-to-face verification of a registered sex and kidnapping offender's address at the place of residency. In the case of · level I offenders, once every twelve months. · of level II offenders, once every six months. · of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant-related expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is an "Address Verification Form" that the sex or kidnapping offender completes and signs during a face-to-face contact. "Exhibit B" is an "Officer Contact Worksheet" completed in full by an officer/detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2008. Quarterly progress reports shall be delivered to Attn: Tina Keller, Project Coordinator King County Sheriff s Office 401 F ourth Avenue Kent, W A 98032 Phone: 206-205-7948 Email: tina.keller@kingcounty.gov ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a quarterly basis and should be forwarded to KCSO as soon as practical after the first of the month that follows each quarter ending March 31 S\ June 30t\ September 30th, and December 31 Sl. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual's' time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed, that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Requests for reimbursement must be sent to Attn: Joe Lewis, Grant Administrator King County Sheriff's Office 516 Third Avenue, Room W -150 Seattle, W A 98104 Phone: 206-205-7900 Email: joe.lewis@kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Fifty One Thousand Three Hundred Twenty One Dollars and Fifty Eight Cents ($51,321.58). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2009 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C" is a "Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony "Failure to Register as a Sex Offender" case to be referred/filed with the KCP AO. Unless, due to extenuating circumstances the witness is incapable of writing out there own statement, the contacting officer/detective will have the witness write and sign the statement in their own handwriting to contain, verbatim, the information on the witness form. ARTICLE VI. FILING NON-DISCOVERABLE FACE SHEET "Exhibit D" is the "Filing Non-Discoverable Face Sheet." This form shall be attached to each "Felony Failure to Register as a Sex Offender" case that is referred to the King County Prosecuting Attorney's Office. ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING Funds may not be used to supplant (replace) existing local, state, or Bureau ofIndian Affairs funds that would be spent for identical purposes in the absence of the grant. Overtime - To meet this grant condition, you must ensure that: · Overtime exceeds expenditures that the grantee is obligated or funded to pay in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. · Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant ARTICLE VII. AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. Federal Way Police Department KING COUNTY SHERIFF'S OFFICE Brian Wilson, Chief of Police Susan L. Rahr, Sheriff Date Date Exhibit A SEX AND KIDNAPPING OFFENDER ADDRESS VERIFICATION FORM o VERIFICATION o MOVED/CHANGE OF ADDRESS Full name of registrant: Last First Middle DOB POB SEX RACE HEIGHT WEIGHT. HAIR EYES Convicted of: Aliases Used: Year and County of Conviction: SSN: Current Registered Residence: Address: Phone: City: State: Zip: New Residence (If different than registered address): Address: Phone: City: State: Zip: Employer Name/Address: Phone: School: RCW 9A.44.130 OFFENDERS WHO LACK A FIXED RESIDENCE: If you lack a fixed residence and leave the county in which you ar~ registered, and enter and remain in a new county for 24 hours, you are required to register with the county sheriff of the new county of residence not more than 24 hours after entering the county. If you are under supervision of DOC you shall register in the county in which you are supervised. If you previously were registered to a fixed address, and now lack a fixed address you must give written notice to the county sheriff of the county where you last registered within 48 hours after ceasing to have a fixed residence. If you lack a fixed residence. YOU must report in person to the county sheriff once a week. The lack of a fixed residence is a factor that mav be considered in determininq an offender's risk level and shall make the offender subiect to disclosure of information to the public at larqe pursuant to RCW 4.24.550. Signature of Offender: Date: z o ~ E--- -~ rJ'l= rJ'lrJ'l ~~ ~o ~~ -<E--- ~u ~-< ~E--- Zz ~o f:u O~ ~~ ~u rJ'lS ~~ ~o ~ E--- rJ'l ~ ~ ~ ~ .....- .- ~ .- ~ ~ ~ .. ~ ~ .. ~ ~ z .. ~ ~ ~ .. 0 ~ -< ~ == ~ ~ ~ ~ 0 00. 0 ~ ~ .. ~ u = ~ ~ 0 0 ~ ~ ~ 0 ~ U N ~ .. 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N ::j:t Eo-< ~ -< CO Eo-< Eo-< ~ 0 ........ ~ ~ Cl U ~ D ~ 0 g D ,.-..., ~ 0 g S '-" i:.il Z 0 Z ~ i:.il Cl Z rJ'l ffi 0 r:/) ~ r:/) ~ ~ ~ 0 i:.il Cl 0 P-. t:l Cl i:.il Eo-< ~ ~ Z Z t:l 0 0 Eo-< ~ ::c: ........ ~ P-. Eo-< 0 ~ i:.il ~ P-. ........ ~ ~ ~ ~ ~ ~ ~ z o ~ ~ -< ~ o ~ z ~ ~ ~ ~ -< ~ (J Z ~ ~ ~ o ~ ~ Z ~ :L <( f-< f-< Z ~ ::E ~ f-< f5 r.J"J ex:: t-. ~ II o ~ ~ ~ ",::( <: r.J"J z cx::O:: o rT) ;-; ~'"'"';..;..; ~~G ~~~~ Ocx:::.J.~ ::t<r:OO II II II <r, '-0 00 ~ U Z ~ ~ -< r/1 r.J"J r..u o ex:: ~ 0 > 0 ~~ <( ~~ ~ CX::CX::~O ~O~~ 0000 Z<(::::;Z ~Of-<<r: ~<(O:::: Oo::iZU II iI iI iI .-. (',1 (') '<t ~ ~ ~ o o U f- ~ E--- U ~ E--- ~ ~ ~ U ~ ~ ~ o Exhibit C SexlKidnapping Offender Address and Residency Verification Witness Statement for Failure to Register Case Agency: Ex-Room ate My name is and I live at I have lived here since (date). (offender) because he used to live with me from I know (date) to (date). My relationship with (offender) is (e.g. friend, family member, etc.) (offender) moved out on (date) because I dol do not know where he moved to. Explain: New Tenant My name is and I live at I have lived here since (date). (offender) and he has never lived here I don't know with me at this address. Page 1 of2 Exhibit C Sex/Kidnapping Offender Address and Residency Verification Witness Statement for Failure to Register Case Manae:er/ Landlord (only if manager/landlord knows offender) My name is and I am the manager at ( address) since (date). (offender) moved out on (date) because (e.g. moved out, evicted, unit sold, etc.) I do/ do not know where he moved to. Explain: There has been a new tenant in that residence since (date). Sie:nature The above statement is true and correct to the best of my knowledge. Signature Date Page 2 of2 Exhibit D WASPC GRANT FILING NON-DISCOVERABLE TO: KCPAO - Special Assault Unit - Seattle DATE: FROM: INCIDENT #: AGENCY: SUSPECT #1 : DOB: I RACE: I SEX: MD FD I HGT: IWGT: SUSP #1 ADDRESS: CHARGE: Failure to Register as a Sex Offender DATE OF CRIME: VICTIM #1: State of Washington DOB: VICTIM #2: DOB: INTERVIEWED BY: NO ONE DPA NAME: TYPE OF CASE: FTR. Failure To Register OTHER TYPE: THIS CASE IS BEING REFERRED FOR THE FOllOWING REASONS D FILING OF CHARGES: . Comments: o DECLINE: . Comments: I WASPC STATISTICAL REPORTING TO KCSO Case Referral Received by KCPAO on this date: Case filed by KCPAO: YES D NO D Cause Number Assigned: If no, please indicate why: Other Explanation: COUNCIL MEETING DATE: November 18,2008 ITEM #: 5.9 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNITY CENTER CAFE VENDOR CONTRACT POLICY QUESTION: Should the Council approve the Request for Proposals submittal for concessionaire services at the Federal Way Community Center? COMMITTEE: PRHSPS MEETING DATE: November 10,2008 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other .~!~.l!l!~:l.>.Q.~!~.y':..P'~~g~l?l~g~?_g~~l:1.~i!y'gl?1.?:.!l?!.~l:1.pl?~i~g!~.mmmm.m_____ ..~~.~~_:_ ~~~~___mmm..____m_._ To better serve the customers and surrounding neighborhood, the Federal Way Community Center (FWCC) plans to add cafe operations. A Request for Proposal (RFP) was issued on April 3, 2008. TG Restaurants, DBA: Billy McHale's Restaurant was the only firm that submitted a proposal for vendor services. At the May 13, 2008 PRHSPS reviewed the RFP submittal by TG Restaurants and after some discussion directed staff to complete the design and construction estimate before moving forward with acceptance of a vendor. PRHSPS reviewed and approved the Cafe design and construction estimate of $111,896.47 on July 8, 2008 and the full City Council approved this item on July 13,2008. The concession infrastructure will be built-in, along with the installation of selected appliances and fixtures. TG Restaurants will provide some of the portable equipment. TG Restaurants has proposed to provide 5% of Gross Revenues (if weekly sales are less than $4,700) and 10% of Gross Revenue (if weekly sales are equal to or greater than $4,700) and will be responsible for the Leasehold Excise taxes. Attachments: Cafe Concession RFP Submittal Options Considered: 1. Approve the Community Center Cafe RFP submittal for concessionaire services at FWCCp..."j. t't..."'~ c:r}v- 2. :qecline t~~..g~~~~'!y" Ce_~ter Cafe RFP.~~~rn.:i!.!al f~~~gncessionaire seryices at _.f.YVCC'.m...~:=.'t..u..- ' STAFF RECOMMENDATION: Staff recommends Council accept the Cafe Concession submittal for services from TG Restaurants and authorize staff to proceed with negotiation of a contract. to Committee to Council DIRECTOR ApPROVAL: ~ to Committee :>1=--: CITY MANAGER ApPROVAL: To Council .l' ~ \ o..\^O COMMITTEE RECOMMENDATION: O~l''>'" ) \,. 1j PROPOSED COUNCIL MOTION: "1 mov 'Pproval of the RFP submittal for concessionaire services at t~e Federal Way Community Center and authorize staff to negotiate a contract with TG Restaurants, "G-.",J. t'lL~<..'\:) C:::-\O""~z-'\- c:..-f'-!roo- E:I"1'\.~ '1 ~. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) -r~\~ (..oOf~ u"'--'t~ COUNCIL ACTION: o APPROVED o DENIED o T ABLEDillEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # COMMUNITY CENTER CAFE SERVICE RFP JERI-L YNN CLARK MANAGEMENT SERTICES DEPARTMENT CITY OF FEDERAL WAY 33325 8th AVE S. FEDERAL WAY, WA 98063-9718 Experience: Billy McHale's Restaurant has been in Federal Way for over twenty years serving guests in a full service family style restaurant. For the past six years we have run the concessions for the City of Fedeml Way at Celebration Park, and for the summer of2008 we will run the concessions at Steel lake Park. For three years we ran the cafe for the South Seattle Auto auction serving over 350 customers per day. Project manager: Jim Ross an Owner of Billy McHale's will be the project manager and be responsible for equipment, staffing, service and menu development. Proposed food & beverage menu: See Exhibit "A" Proposed Equipment: We propose the follOwing be added to the cities equipment list provided in thectife floor plan option 1 TurbOchef high speed countertop oven (does not need a hood) placed on back counter 5 head soda fountain for BID pop with ice bin & cold plate. To replace the drop in smoothie ice bin. Pannini sandwich maker with Dbl head. To replace the pizza by the slice display. Under counter freezer. Added under the pizza and hot food merchandiser. Single electric burner. Added to counter to boil water to heat soups to proper temperature. We propose the following equipment be deleted from the current floor plan. Pizza by the slice merchandiser Hot food display merchandiser Drop in ice bin Equipment to be provided by us for our use in the cafe: Cash register Coffee brewer Espresso machine Smoothieblender Two soup kettles Wells food warmer. To sit on the back counter for hot food for rice bowls. Rice cooker Hot dog roller Microwave Exhibit "A" PROPOSED CAFE MENU Bagel & cream cheese $2.25 Y2 bagel cream cheese, lox, red onion $3.50 Fresh fruit bowls $5.99 Fresh fruit, yogurt, granola cup $3.95 Apples, Oranges & Bananas $1.25 Spinach salad $5.95 Chopped salad $5.95 Chicken Caesar $5.95 Salmon Caesar $6.50 Y2 sandwich $3.75 Wrap sandwich $4.95 Y2 sandwich & cup of soup $5.95 Pannilli sandwich $6.25 Cup of soup $2.75 Bowl of soup $3.50 Stadium dog $2.75 Kids meals: Corn dog & apples $3.95 PB&J sandwich & apples $4.25 Mac & cheese & apples& apples $4.50 Mini Pizza $4.50 Bag of chips $1.00 Biscotti $1.29 Cookies $1.49 Scones $1. 79 Muffins $1.65 Candy bars $.75 Fruit smoothies Italian sodas Hot chocolate Coffee Assorted teas Btl water Gatorade Fountain sodas SM LG Regular $2.50 $2.50 $2.50 $3.75 $2.25 $1.75 $1.75 $1.75 $1.50 $2.25 $1.50 $1.95 Grande $2.75 $2.75 $2.75 Espresso Latte Mocha Budget Gross Revenue: Mon Tue Wed Thur Fri Sat Sun Total Monthly $500 $600 $850 $850 $700 $700 $500 $4700 $18,800 Yearly $221,000* Proposed percentage rent@ 10% Weekly $429.22 Monthly $ 1,716.89 Yearly $20,182.65 Leasehold excise tax payment @ 12.84% Weekly $55.16 Monthly $220.62 Yearly $2,593.47 Total: Weekly $484.38 Monthly $1937.51 Yearly $22776.12 *Yearly sales based on days closed for holidays. Proposed ten percent rent is based on a sales volume of $4700.00 per week. If this sales volume is not met for a monthy period then we propose a 5% rent would be paid to the city. All sales will be rung on a cash register. The sales will be recorded daily on an Excel spreadsheet that will show gross sales, Taxes, Net sales, over shorts, Percentage rent, and 12.84 excise tax. Percentage rent and excise tax will be paid to the city of Federal Way by the 10th day of the next month. References supplied upon request: /"" <-- Thank you for your consideration: Billy McHale's Restaurant 1800 S 3201h Federal Way, WA 98003 (253) 839-4200 Email Jross1969@ao1.com -~~~~~-~-~~~!_[-~~!?~!~~-~-~~~_f!!~!:_~!_~~~~--~~\l~~-cmh:{"c___~f):T2{x:!e____________ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6.a. SUBJECT: 2009 - 2010 BIENNIAL BUDGET POLlCY QUEsnON: Does Council wish to proceed with conducting the budget study sessions and public hearings as required by RCW 35A.34 and plan for adopting the final budget no later than December 2, 2008? COMMITTEE: Not Applicable MEEnNG DATE: Not Applicable CATEGORY: o Consent r8J City Council Business o Ordinance o Resolution Sf D Public Hearing Other STAFF REpORT By: Neal Beets, City Manager DEPT: City Manager's Office -"-~'--------'--------"-----'--'---'-'---"----------------.--.---.---..-.-----.--.--.-------..-...--.-------~----_._-_._--_._-_._--_..__._..._------ A TT ACIIMENTS: Budget Calendar. SUMMARYIBACKGROUND: On October 21, 2008 the City Manager presented the proposed budget and related documents at the Council Meeting. Copies of the proposed budget are available for public review on the City's website at www.citvoffederalwav.com and on the second floor of City hall at both the City Manager and Permit Center lobbies. The City's Management Team has worked diligently to provide a fiscally-sound budget for 2009 and 2010. The City will conduct three to four budget study sessions on October 29 & 30, November 5 & 18 (if needed) and two public hearings on November 4 & 18. Citizen input will be accepted at all special meetings, budget study sessions and public hearings. The 2009 - 10 Biennial Budget Ordinance has been tentatively scheduled for introduction at the November 18 Council Meeting, following a public hearing, with a second reading and enactment (based on Council approval) at the December 2, 2008 Council Meeting. -...----.---.----.-------.---.....-...-.----......----.._-_..._--_._~..__._---~----_._.__._.._------_._...._...._-_._---_._._.._~--_.__..__.._.__._.._.__...~_...__....-.---.......--- ...-..-.--...-.--.-...---.-.......--...--...-.---.-.---.~~._-_.._"--_._- STAFF RECOMMENDATION: NfA CITY MANAGER ApPROY AL: NIA DIRECTOR ApPROY AL: NIA NIA Committee Committee COWleil COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOnON: "I move to authorize the City Manager and staff to proceed with conducting the budget study sessions and public hearings." CITY OF FEDERAL WAY PRELIMINARY 2009/2010 BIENNIAL CITY BUDGET MEETINGS All meetings will be held at City Hall, 33325 - 8th Avenue South, Federal Way, Washington. CITIZEN COMMENT WILL BE ACCEPTED AT ALL BUDGET MEETINGS. ***** The following meetings have been scheduled to consider the City of Federal Way's 2009-2010 biennial city budget: JUNE - AUGUST, 2008 - CITY MANAGER ISSUES BUDGET DIRECTIONS 0 STAFF. · Staff develops 2009/2010 budget proposal AUGUST - SEPTEMBER, 2008 - COMMUNITY MEETINGS. · Attend community group and city commissioner meetings, update them on city budget status and seek their input. OCTOBER 21.2008 - ReQular Council MEETINGS -7:00 p.m. · CM Delivers Preliminary Budget to Council OCTOBER 29. 2008 - SPECIAL MEETINGS - 6:00 p.m. · Budget Overview · Department Presentations: Community Development. Public Works, and Parks/Recreation OCTOBER 30, 2008 - SPECIAL MEETING - 6:00 p.m. · Department Presentations Police, Law. Court NOVEMBER 4. 2008 - REGULAR MEETING - 7:00 p.m. · PUBLIC HEARING (required by RCW 35A.34) 2009 - 2010 Biennial Budget/property tax levy NOVEMBER 5. 2008 - SPECIAL MEETING - 6:00 P.m. · Department Presentations . City Administration and Support Service Departments · Council Deliberations NOVEMBER 18. 2008 - SPECIAL MEETING - 5:30 p.m. (onlv If needed) · Continue Council Deliberations NOVEMBER 18. 2008 - REGULAR MEETING - 7:00 p.m. · PUBLIC HEARING Continue from November 4 (required by RCW 35A.34) · Introduction Ordinance/2009-2010 biennial budget · Introduction Ordinance/2009 property tax levy DECEMBER 2. 2008 - REGULAR MEETING - 7:00 p.m. · Enactment ordinance/2009-2010 biennial budget · Enactment ordinance/2009 property tax rate · Resolution/fee schedule amendment COUNCIL MEETING DATE: November 18,2008 ITEM #: 7.a. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED 2008-2010 COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY LIEUTENANTS' ASSOCIATION POLICY QUESTION: SHOULD THE CITY COUNCIL AUTHORIZE THE CITY MANAGER TO EXECUTE THE PROPOSED COLLECTIVE BARGAINING THAT THE LIEUTENTANTS' ASSOCIATION HAS RATIFIED? COMMITTEE: N/A MEETING DATE: CATEGORY: D Consent X City Council Business [g] Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: PATRICIA RICHARDSON DEPT: Law Attachments: Proposed 2008-2010 Collective Bargaining Agreement with the Federal Way Lieutenants' Association. The City and the Association began negotiations in February of 2008 for a successor Collective Bargaining Agreement because the existing Agreement expired December 31, 2007. The attached proposed contract is a culmination of several months of collaborative negotiations and mediation. The Association ratified the proposed agreement on November 13, 2008. The Agreement includes: (1) membership to the Federal Way Community Center as set forth in the Employee Guidelines; and (2) clarifies the alternative duty criteria in the event a Lt. is temporarily unable to work. The financial impact ofthe proposed agreement includes: (1) cost-of-living adjustments each based upon the CPI and 40 hours service leave after completing 10 years of service. .....-..-..--....---.------.-----------.-...--...-..---.---.-.-.-..-..---.-----.---.-...----....---.-.-..--..---.----.-.-.----- STAFF RECOMMENDATION: Council approve the proposed 2008-2010 Agreement with the Lieutenants' Association. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: AI i~ttee pA-~ Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: H] move approval of the 2008-2010 Collective Bargaining Agreement with the Lieutenants' Association, and authorize the City Manager to execute said agreement". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO 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 AND FEDERAL WAY POLICE LIEUTENANT ASSOCIATION Collective Bargaining Agreement PREAMBLE: The Federal Way Police Lieutenant Association ("Association") and the City of Federal Way ("City") mutually recognize the importance of ensuring the highest level of public service. The parties agree that it is of paramount importance that they constantly and vigilantly work to further this goal. The parties are dedicated to provide the best possible police protection to the citizens of Federal Way, and have entered into this collective bargaining agreement (the "Agreement") in a spirit of cooperation and collaboration in an effort to further this goal. ARTICLE 1 : ASSOCIATION RECOGNITION AND MEMBERSHIP Section 1. RecoQnition. The City recognizes the Association as the exclusive bargaining representative for all employees in the bargaining unit as certified by the Public Employment Relations Commission. Section 2. Association Membership. It shall be a condition of promotion that all barg,aining unit employees shall become members of the Association and remain members in good standing or pay an agency fee to the Association for their representation to the extent permitted by law. It shall also be a condition of employment that employees covered by this Agreement and promoted on or after its effective date shall, by the thirtieth day following such promotion, become and remain members in good standing .in the Association or pay an agency fee to the Association for their representation to the extent permitted by law. Provided, that employees with a bona fide (as determined by the Public Employment Relations Commission) religious objection to Association membership and/or association shall not be required to tender those dues or initiation fees to the Association as a condition of employment. Such employee shall pay an amount of money equivalent to regular Association dues and initiation fees to a non-religious charity mutually agreed upon between the public employee and the Association. The employee shall furnish written proof that payment to the agreed upon non-religious charity has been made. If the employee and the Association cannot agree on the non- religious charity, the Public Employment Relations Commission shall approve the charitable organization. It shall be the obligation of the employee requesting or claiming the religious exemption to show proof to the Association that he/she is eligible for such exemption. All initiation fees and dues paid to the charity shall be for non-political purposes. Section 3. Dues Deduction. Upon receipt of written authorization individually signed by a bargaining unit employee, the City shall deduct from the pay of such employee the amount of dues as certified by the secretary of the Association and shall transmit the same to the Association within five business days of the issuance of pay checks. Section 4. List of Emplovees. The City will transmit to the Association a current listing of all employees in the bargaining unit within thirty (30) days of request for same but not to exceed twice per calendar year. Such list shall include the name of the employee, position, and salary. Section 5. Hold Harmless. The Association will hold the City harmless from any and all liability resulting from the City's compliance with this Article. ARTICLE 2: MANAGEMENT RESPONSIBILITIES Section 1. The Association recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 2. Management rights and responsibilities shall include, but are not limited to, the following examples: 1. The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Association recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: a. discipline, suspend, and discharge non-probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 2 b. to demote probationary employees for any reason. Employees who are demoted before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the demotion, orthe reasons therefor. c. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d. to layoff employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. 11. The City has the right to make work assignments, including moving work from the Guild unit into this unit, and work from this unit into the Guild unit. Section 3. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities. In the event the City desires to make such a change in a mandatory subject of bargaining, the City shall give the Association at least ten (10) days notice of the desired change. The Association may request bargaining ofthe issue, and the City thereafter will meet with the Association in an effort to resolve the issue. Should resolution not be achieved, either party may request the assistance of a PERC mediator. If mediation is unsuccessful within thirty (30) after a mediator is assigned, the issue will expeditiously be taken to interest arbitration pursuant to the standards contained in RCW 41.56. ARTICLE 3: HOLIDAYS Section 1. Observed Holidavs. On January 1 of each year, the City shall bank (provide) ninety-six (96) hours of holiday pay for each bargaining unit employee for the following observed holidays: 2008-2010 COLLECTIVE BARGAINING AGREEMENT 3 2 Floating Holiday* Day after Thanksgiving Christmas Day If an employee permanently leaves the service of the employer before December 31 of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year as well as the floating holiday hours if the termination occurs prior to July 1 of that year. * In 2008, the Lieutenants received one (1) floating holiday. Per this agreement members are entitled to two (2) floating holidays per year. Due to the timing of completing this agreement, the Lieutenants will be issued the second 2008 floating holiday in 2009. Section 2. Work on Holidavs. The decision of whether an employee will be required to work on an observed holiday will be made by the City. Employees working on Thanksgiving Day, Christmas, New Year's Day (and an additional day each year to be designated, prior to December 1 of the previous year, by the City) shall be paid at time and one half for each hour worked. Section 3. Use of Banked Holidav Hours. All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of his/her banked holiday hours prior to December 31, the employee will forfeit the remaining banked holiday hours, except 2008-2010 COLLECTIVE BARGAINING AGREEMENT 4 that an employee may carryover unused banked holiday hours until June 30 of the following year, if: a. the employee makes a reasonable effort to use his/her banked holiday hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by his/her supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours/pay had been denied by the employee's supervisor, and/or b. the employee was prevented from using banked holiday hours/pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. The City shall track employee use of banked holiday hours and, upon request, the City shall provide employees and the Association with annual reports in October of each year reflecting the amount of banked holiday hours/pay for each bargaining unit employee. ARTICLE 4: VACATIONS Section 1. Vacation Accrual. Association members shall accrue vacation benefits while in pay status, based upon their years with the city, as indicated in the following table: Full Years of Service Annual Leave in Hours Throu h end of Year 5 96 u of Year 6 132 u of Year 11 150 u u of Year 16 of Year 21 180 204 In the event the city agrees to a more favorable schedule with the Police Guild, or adopts a more favorable schedule for non-union employees, the Association may, upon notice to the City, have such schedule made applicable to lieutenants as well. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 5 Section 2. Accrual. Employees shall accrue vacation benefits on a semi- monthly basis, consistent with the City's payroll periods. Part time regular employees shall accrue vacation leave in accordance with the vacation leave schedule set forth in Section 1 of this Article, however, such accrual rates shall be prorated to reflect his/her normally scheduled work week. Section 3. Vacation Increments. Vacation may be used in two-hour increments at the discretion of the Chief or his/her appointed designee. Section 4. Payment Upon Death. In cases of separation by death, payment of unused vacation benefits shall be made to the employee's estate, or in applicable cases, as provided by RCW, Title 11. Section 5. Forfeiture of Vacation. The maximum total vacation accrual is two times the employee's annual accrual rate. All employees shall use all of their excess vacation accrual prior to December 31 st, or forfeit the excess, provided, an employee's total vacation accrual may exceed the maximum stated herein, upon request and with approval of the Department and the City Manager, if cyclical workloads, work assignments or other reasons as may be in the best interests of the City prevent the City from scheduling the vacation. Employees who leave City employment for any reason will be paid for their unused vacation up to the maximum specified herein, except that employees who become disabled in the line of duty and retire as a result thereof, shall be paid for all unused accrued vacation in their account at the time of the termination of their employment. Any employee who voluntarily leaves the department and does not give the City two weeks notice shall forfeit all unused vacation, unless such notice is not reasonably possible. Section 6. Vacation SchedulinQ. If the City cancels vacation once it has been approved and the affected employee has incurred non-refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. Section 7. Vacation Cash Out. Annually, each employee may elect to cash out forty (40) hours of accrued vacation. An employee electing to cash out forty (40) hours of accrued vacation must provide notice to HR no later than November 1. Payment for those employees electing to cash out forty (40) hours of accrued vacation shall be made on the first pay check in December. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 6 ARTICLE 5: SICK LEAVE Section 1. LEOFF. Sick leave benefits are accrued by employees based on their eligibility to participate in either the LEOFF I or LEOFF II systems. a. LEOFF I employees shall receive temporary disability payments In accordance with state law. b. LEOFF II employees shall earn 8 hours paid sick leave per month of employment, up to a maximum of 1,040 hours. Section 2. Sick Leave Usaae. Accrued sick leave benefits may be used by an employee to avoid loss of pay if the employee is unable to work due to personal illness or injury, enforced quarantine in accordance with community health regulations, or the serious injury or illness of an child of the employee with a health condition that requires treatment or supervision, or for a spouse, domestic partner, parent, parent-in- law, or grandparent of the employee who has a serious health condition or an emergency condition as more particularly established in Chapter 296-130 of the Washington Administrative Code (WAC). Sick leave benefits may be used in one half- hour increments. Section 3. Industrial Insurance Leave. If the City advances leave to an employee, and the state subsequently grants retroactive industrial insurance benefits to the employee, the employee will make the City whole for its share of the reimbursed benefits. Section 4. Familv Care and Death. a. Bereavement Leave. Regular, full time employees shall be entitled to three (3) days (24 hours) of bereavement leave due to death of a member of the employee's immediate family or domestic partner. Regular, full time employees, who have exhausted their bereavement leave, shall be entitled to use sick leave in the amount of up to three (3) days when death occurs to a member of the employee's immediate family or domestic partner. b. Family Care Leave. Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guideline. c. Immediate Family. Immediate family is construed to mean persons related by blood or marriage to an employee as follows: grandmother, grandfather, mother, father, step parents, husband, wife, son, daughter, step children, legally adopted child, brother, sister, and grandchildren. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 7 Section 5. Statement of Physician. The City may reasonably require a physician's statement for the purpose of assuring that sick leave benefits are being used in conformance with this article, to verify that a lieutenant has been released to return to duty, and for FMLA related compliance. Section 6. Fitness for Duty. The City may require that an employee take a fitness for duty examination when the City has reasonable doubt that the employee can perform the essential functions of the job. Section 7. Federal Way Community Center Membership. Regular employees are eligible to receive free employee membership at the Federal Way Community Center. Employees must enroll during the designated open enrollment period for membership effective January 1. 2009. Employees who enroll are given a 3-month pass. The employee is required to use the facility at least 24 times during the 3-month period. At the end of the quarter, employees who met the use requirement are issued a 3-month pass for the following quarter. This continues until the end of the year, when a new enrollment is required. Employees who fail to fulfill the use requirement during any quarter would not be issued additional 3-month passes for the remainder of the calendar year, but would be allowed to enroll again for the following year. Employees who have purchased passes extending into 2008 will be reimbursed on a pro-rated basis. Employees purchasing family passes will pay the difference between the single and family rate for any quarter in which they have an employee membership. Community Center membership as described above is being provided on a trial basis and may be modified or discontinued at the sole discretion of the City. The City agrees that in the event it determines to discontinue the membership, it will not do so for only the Association. Section 8. FMLA Leave. For purposes of determining the twelve (12) week leave period provided by the FMLA, such period shall run concurrent with the employee's accrued paid leave period. The amount of leave available for use is based upon a rolling twelve (12) month period. Section 9. Sick Leave Incentive. In January of each calendar year, employee sick leave usage will be reviewed. Employees who have not used any sick leave in the preceding calendar year, and who have been continuously employed during that entire calendar year, shall be rewarded by having eight (8) additional hours credited to their vacation account. Section 10. Domestic Partner Requirements. In order to constitute a domestic partner under this agreement an employee must sign an affidavit stating that both parties are: 2008-2010 COLLECTIVE BARGAINING AGREEMENT 8 a. Not related by blood closer than would bar marriage in Washington State. b. Not married to another or in any other domestic/civil partnership. c. 18 years of age. d. Competent to contract when the domestic partnership began. e. Declare each other's sole domestic partner. f. Currently share primary residence/mutual support/intend indefinitely. g. Have an intimate, committed, and exclusive relationship. h. Of the same sex and/or opposite sex and responsible for each other's common welfare. Section 11. Domestic Partner Benefits. A person whom a Lieutenant identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be provided the same consideration as an employee's "spouse" for purposes ofthis agreement. Section 12. Alternate Duty/Earlv Return to Work. The City recognizes the value of trained lieutenants and, therefore, offers the Alternate Duty/Early Return to Work Program in accordance with the Employee Guidelines to all injured employees, whether injured on-duty or off. The City will work in good faith with the attending physician to return the employee to work as soon as possible or to provide alternative work for a maximum of six months. If,_at the expiration of the six months... the attending physician determines that the employee will be able to perform the essential functions or duties of the job within a reasonable time period, the City will continue to work with the lieutenant to provide reasonable accommodation. ARTICLE 6: WAGE RATES Section 1. Waaes. For years 2008 and 2009 100% of the CPI - W (Seattle- Tacoma) first half yearly average with a minimum of 2.5% and maximum of 5.%. For 201095% of the CPI- W (Seattle- Tacoma) first half yearly average with a minimum of 2.5% and maximum of 5. %. The wage adjustments for 2008 are retroactive to January 1, 2008, and apply to currently employed Lieutenants as of ratification. Wage rate shall be as specified in Appendix A. Section 2. Supervisory Trainina Incentive. A lieutenant will receive a one- time payment of $250 upon completion of the first level supervisory certificate. A lieutenant will be eligible to receive an additional one-time payment of $250 upon completion of 72 hours of approved elective supervisory and management classes taken within a three year period. If a lieutenant makes a good faith effort to meet the goal during the three year period, but is unable to do so as a result of reasonable training requests being denied (funding, for operational reasons, etc.) the time period for obtaining the additional hours will be extended one year. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 9 Section 3. On-Call Pay. Effective the first pay period following ratification of the Agreement, employees assigned as detectives, employees assigned to the Traffic UnitfTraffic Investigation Unit, SRT and the Bomb Unit shall receive an additional five (5) percent of the top step wage rate per month as on call pay. The higher percentage rate is due to the more frequent rotation. Section 4. Extra-Duty Pay. Employees assigned as Field Training Lieutenants shall receive an additional three (3) percent of the top step wage rate, as extra-duty pay for all time when there is an officer in the Field Training Program. Section 5. Non-Pyramidina. On -call pay and/or extra duty pay shall not be duplicated or pyramided. ARTICLE 7: HOURS OF WORK Section 1. Work Shifts. a. (i) The Patrol Division Lieutenants will continue to work a 4/10 schedule. Shift starting hours will be determined from time to time by the City. There will be a minimum of two Lieutenants assigned to each shift. a. (ii) Detective Lieutenants will work a 4/10 schedule with either Mondays or Fridays off. In the event of court appearances or operational needs of the Police Department, the City may adjust the shifts and work days of Detective Lieutenants to minimize overtime expenses to the City. Normal work hours will be from 0700-1700. Detective Lieutenants will be authorized to work a traditional 5/8 schedule upon request. Except for the rotating on-call detective assignment, if the City determines to have individual schedules for detectives that do not have weekends off, the City will initially request volunteers and then make the assignment by inverse seniority if there are insufficient volunteers. Lieutenants will continue to flex their time when reasonably possible so as to minimize overtime. a. (iii) The Traffic, Contract Services, and Administrative Lieutenants will work a 4/10 schedule. In the event of court appearances or operational needs of the Police Department, the City may adjust the shifts and work days of these Lieutenants to minimize overtime expenses to the City. These Lieutenants will be authorized to work a traditional 5/8 schedule upon request. b. Reopener. The parties recognize that Federal Way is a relatively new City and that the police department has only been engaged in patrol operations since October of 1996. Accordingly, the parties agree that the City may reopen the issue of shift scheduling with the Association. Any such bargaining will be handled on an expedited basis. After 45 days, either party may request a mediator from the PERC. If no agreement is reached within 30 days of the first mediation meeting, either party may request the Executive Director to submit the matter to interest arbitration. In such 2008-2010 COLLECTIVE BARGAINING AGREEMENT 10 event, the other party will join in the request. The parties agree to waive the arbitration panel and agree to select a single arbitrator in accordance with the parties' grievance procedure, and to cooperate in expediting the arbitration procedure. c. The normal workday shall be inclusive of the thirty minute lunch period for all members of the bargaining unit. Lieutenants in investigations will flex their schedules so as to minimize the impact on the City. Section 2. Shift Biddina. Lieutenants assigned to the patrol function will bid annually for their work shift and days off based upon seniority. The bid sheets will be posted for one week, and lieutenants on leave may bid by proxy. The City may move a lieutenant during the year, or after reviewing the bid results, based upon reasonable necessity. A reasonable necessity would involve a change made by the City due to legal concerns. In the event the change will be for more than four (4) months, the Association may request a rebid of positions. Section 3. Specialty Assianments. The assignment of employees to specialty units shall be made by the City. Section 4. Shift Trades. With management approval, shift trades may be made, upon request of the employee. Under no circumstances will a shift trade result in the payment of contractual overtime, or have any other additional cost to the City. Section 5. Out of Class. A lieutenant assigned by the City to perform work out of class (Le.- as a commander) will receive a seven percent (7%) increase for those hours spend as performing those duties. Section 6. On-Call. Employees who are on-call pursuant to an on-call schedule authorized by this section shall carry a City provided pager or be reachable by telephone, and shall generally respond within one (1) hour. Employees who are on-call shall also be provided a City vehicle for commute purposes during all periods that the employee is subject to call-back. Section 7. Rotatina Schedule. Lieutenants assigned to the Criminal Investigations Sections and the Traffic Unit Major Accident Investigations Team may be placed on a rotating, on-call schedule. The schedule and procedures for assigning lieutenants to on-call duties will be consistent with current practice. ARTICLE 8: OVERTIME Section 1. Any time worked in excess of the assigned shift shall be paid at the overtime pay rate. Except in emergency situations, Department approval is required before working overtime. Overtime shall be paid at time and one-half (1-1/2) times the 2008-2010 COLLECTIVE BARGAINING AGREEMENT 11 employee's regular hourly rate of pay. Overtime shall be accrued in increments of one- quarter hour, with the major portion of one-quarter hour to be paid as one-quarter hour. a. Compensatory time may be accrued by an employee at the time and one- half (1-1/2) rate in lieu of pay for court time, callbacks, or overtime up to a maximum of eighty (80) hours. The accrual of compensatory time is contingent on approval by the City. b. Compensatory time off shall be used in accordance with the provisions of the Fair Labor Standards Act and the case law decided there under, including Mortensen v. County of Sacramento. Section 2. Supervision. To insure adequate supervision in the patrol function if the on duty a lieutenant's absence will include hours when a commander is not on- duty, then patrol supervision will be conducted by lieutenant on overtime. If no lieutenant volunteers to fill the overtime then an officer that has served as an Acting Lieutenant in the past may fill the overtime. Time off requests will not be denied solely due to a commander not being on-duty. Section 3. Callback. Any employee called back after finishing his/her regular shift, or called to report on his/her day off for any reason (including being called into court on matters arising directly from the lieutenant's employment as a police lieutenant), shall be guaranteed three (3) hours pay at one and one-half (1-1/2) times his/her regular straight-time hourly rate of pay. If the assignments require time over the three (3) hour guarantee, all time over the three (3) hours shall be paid at the rate of one and one-half (1-1/2) times his/her regular straight-time hourly rate of pay. a. When a lieutenant is called back to work within a three (3) hour period immediately preceding his/her regular shift, he/she shall be entitled to pay at one and one-half (1-1/2) times his/her regular straight-time hourly rate of pay from the time of appearance to the time his/her regularly scheduled shift begins, whatever that period of time shall be. b. All court time accumulated which begins when a lieutenant is on duty and extends past his/her regular shift, shall be compensated at one and one-half (1-1/2) times the regular straight-time hourly rate of pay for the period following the regular duty shift. c. In the event an lieutenant is given less than twelve (12) hours notice of cancellation of a scheduled off-duty court appearance, he/she shall be entitled to two (2) hours pay at one and one-half (1-1/2) times their regular straight-time hourly rate of pay. Notice of cancellation will first be attempted by direct phone message. If no contact is made, a message to voice mail (either at home or the Department) indicating time and date of message shall suffice as notification. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 12 Section 4. The City has elected a 7(K) exemption pursuant to the Fair Labor Standards Act (FLSA). The City may determine a work period consistent with the 7(K) exemption, and will pay the overtime rate for FLSA hours worked in excess of the maximum permitted in that work period, unless overtime pay has already been paid pursuant to the requirements of this Agreement. Section 5. FLSA Provisions. The City will comply with the hours of work provisions of the FLSA regarding the determination of compensable time. ARTICLE 9: MEDICAL. DENTAL. AND LIFE INSURANCE PROGRAMS Section 1. Health Plan. The Employer shall provide LEOFF I employees such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers and Firefighters Retirement System Laws of 1969, as revised. The Employer shall provide a Group Medical and Dental Insurance Plan, including Medical and Major Medical equivalent to AWC Regence Slue Shield/Asuris Northwest Health PPO insurance plan, and Group Dental Plan equivalent to the AWC Plan F for LEOFF 1 dependants and for LEOFF II lieutenants and their dependants. a. The Employer shall pay the premiums for health and welfare plans (Medical, Vision for employee only, Life, and Dental) for the employee and ninety percent (90%) of such premiums for the employee's dependents who are enrolled in such health and welfare plans (excluding spouses who are eligible for other coverage through their place of employment). The life insurance benefit shall be one (1) time's annual salary to a maximum of $50,000. Additionally, the Employer agrees to a section 125 plan to allow for pretax payment of employee insurance co-pays by the employee. Employees choosing to participate in an alternative medical plan offered by the City will have the same dollar amount toward the premium made by the City as employees participating in the AWC plans. Section 2. Supplemental Disability Insurance. The City shall continue to provide supplemental coverage. The Association may elect to have a LEOFF II Supplemental Disability Income Plan: In that event, the Employer shall provide for mandatory payroll deduction for a LEOFF II disability plan selected and administered by the Association. Participation shall be a condition of employment for all LEOFF II employees. Other than payroll deduction, the City shall have no responsibility for administration of this benefit. Section 3. Retiree Health and Welfare Continuation. Any employee retiring from the service of the City, including any disability retirement, shall be permitted to purchase AWC retirees coverage provided that: (a) the City continues to provide coverage through AWC, (b) AWC offers coverage to retirees, (c) the employee pays the premiums for such coverage (including any additional premium required for dependent coverage), and, (d) there is no cost to the City. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 13 Section 4. Retirement Health SavinQs Plan. The City will establish a mutually agreed upon, qualified, retirement health savings plan that will at a minimum provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for the group of mandatory or elective participation, (c) immediate vesting of all contributions, (d) coverage for all medical expenses permitted by the IRS for medical expense deductions under Section 213 of the Internal Revenue Code, and (e) transfer of an account to a surviving spouse/eligible dependent for use for eligible medical expenses upon the death of the employee. The City will not make contributions to the Retirement Health Savings Plan. ARTICLE 10: MISCELLANEOUS Section 1. Auto Reimbursement. All employees who have been authorized to use their own transportation on City business shall be reimbursed for actual mileage at the then current reimbursement recognized by the Internal Revenue Service. Section 2. Appearances Before the Civil Service Commission. PERC. or Labor Arbitrators. Employees who are requested by the City to attend proceedings before the Civil Service Commission, PERC, or a labor arbitration may attend without loss of pay. Employees called solely as a fact witness (as opposed to a grievant, etc.), shall be allowed to testify without loss of pay only during the time of their testimony. The parties will cooperate in scheduling such witnesses so as to minimize any disruption to the Department. Section 3. Association Neaotiatina Committee. Up to three employees who serve on the Association Negotiating Committee shall be allowed time off from duty to attend negotiating meetings with the City. Section 4. Association Business. The Department shall afford Association representatives a reasonable amount of time while on-duty to consult with appropriate management officials, and/or aggrieved employees, provided that the Association representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations and Association representatives shall not use excessive time in handling such responsibilities. The Association shall give the City as much advance notice as reasonably possible of such time off requests. Section 5. Bulletin Boards. The City shall permit the use of a bulletin board by the Association for the posting of notices relating to official Association business, so long as the matters posted are not inflammatory or otherwise detrimental to the operations of the Department. Section 6. Damaae of Personal Effects. Employees who, in the line of duty, suffer damage to personal property and/or clothing, will have same repaired or replaced 2008-2010 COLLECTIVE BARGAINING AGREEMENT 14 at Department expense. Damage caused by ordinary wear and tear will not be covered, and replacement will be limited to personal effects of regular and ordinary value (Le.-no Rolex watches). Section 7. Personnel Files. Employees shall have access to complete copies of their personnel files at any reasonable time. The employee may request removal of material that he/she believes is erroneous or irrelevant. If the employee does not agree with the City's decision, he/she may prepare a statement responding to or supplementing the material in the file, and that statement will be placed in the file. Employees may request that written reprimands be expunged from personnel files after a minimum period of three years if there is no recurrence of similar misconduct for which the employee was disciplined during that period. Employees may request that records of more serious discipline be expunged from personnel files after a minimum period of five years if there is no recurrence of similar misconduct for which the employee was disciplined during that period. Requests for the expunging of disciplinary references in personnel files, pursuant to this section, shall not be unreasonably denied. In making this determination a factor the Chief may consider is that the Lieutenant is in a supervisory position. Nothing in this section shall be construed as requiring the City to destroy any employment records necessary to the City's case if it is engaged in litigation in any way related to that employee's employment at the time those records would otherwise be destroyed. Section 8. Uniforms and Eauipment. All commissioned lieutenants shall be furnished all required uniforms and equipment. Uniforms shall be dry-cleaned at the City's expense as necessary. Lieutenants assigned by the City to non uniform positions (detectives and administrative) will be paid an annual clothing allowance of $500.00 which will be available for the reimbursement of expenses incurred in the purchase of clothing needed in the investigations unit (sport coats, etc.). Such payment shall be made upon assignment to investigations and each anniversary date of the assignment to investigations thereafter. Section 9. JUry Duty. An employee required by law to serve on jury duty shall continue to receive salary for up to eighty (80) hours for each separate occasion the employee is required to serve, shall be relieved of regular duties, and assigned to day shift for the period of time so assigned to jury duty. The fees, exclusive of mileage, paid by the Court for jury duty shall be forwarded to the City. The City shall have the right to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. When an employee is notified to serve on jury duty, he/she will inform his/her immediate supervisor as soon as possible, but not later than two weeks in advance, regarding the dates of absence from regular duties. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 15 Lieutenants who have time remaining on their shift at the time of release or dismissal from jury duty shall immediately contact their supervisor to determine whether they should report for duty. Section 10. Defense and Indemnification. The City shall provide legal defense and indemnification pursuant to the City Code. Section 11. Service Leave. Members will be provided a one-time accrual of 40 hours (pro-rated for regular part-time employees) of vacation leave after each consecutive 10 year period of continuous employment at the City (i.e. after 10 years, 20 years, 30 years, etc.). ARTICLE 11: PROHIBITED PRACTICES Section 1. Neither the Association nor the City shall initiate, authorize, or participate in any strike, work stoppage, work slow-down, lock-outs, or any other organized effort that interferes with the efficient operation of the Department. Section 2. Employees covered by this Agreement who engage in any of the actions prohibited in Section 1 above shall be subject to such disciplinary actions as may be determined, up to and including discharge and termination, by the City. The Association agrees that the level of any such disciplinary action issued by the City shall be final and binding, and in no case be construed as a violation by the City of any provision of this Agreement. ARTICLE 12: REDUCTION-IN-FORCE Section 1. Lavoff. Employee layoffs shall be made on the basis of job performance and seniority. Absent significant and material distinctions in job performance, the employee with the least amount of seniority shall be laid off first. Relative job performance shall be determined on the basis of qualifications and job performance evaluations. Section 2. Recall. Employees laid off in accordance with the provisions of this Article will be offered reinstatement into future vacancies of the same classification in the inverse order of layoff, for a period of one year from the date of layoff. An employee that has been laid off must keep the City informed of their current address and phone number. An employee who fails to report for duty within three days of being recalled (or commits to return within three days, even though he/she can not actually return for up to two calendar weeks due to the requirement to give notice to an interim employer), or who rejects an opportunity for reinstatement, shall be removed from the recall list. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 16 ARTICLE 13: DISCIPLINARY INVESTIGATIONS Section 1. Disciplinary Standards. No employee shall be subject to discipline except for just cause. An employee who engages in off-duty misconduct may be subject to discipline when: (1) the off-duty misconduct, if known, would harm the City's reputation in the community; (2) the off-duty conduct materially affects the employer's business operation; or (3) the conduct is inconsistent with the office that the police lieutenant holds. Section 2. Disciplinary Investiaations. In criminal matters, an employee shall be afforded those constitutional rights available to any citizen. In administrative matters relating to job performance, the following guidelines shall be follows: a. "Interrogation" as used herein shall mean any questioning by an agent of the City who is conducting an investigation (as opposed to a routine inquiry) of the employee being interrogated, when the agent knows (or reasonably should know) that the questioning could result in employee discipline. b. Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him/her of the matter. Nothing herein shall operate as a waiver of the Association's right to request bargaining information. c. Any interrogation of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. d. Any interrogation shall take place at the City Police Department, except when impractical. The employee shall be advised of their right to and shall be allowed that Association representation to the extent allowed by the law. e. The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. f. The employee shall not be subjected to any offensive language or abusive questioning, nor shall he/she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation. g. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement h. The Department may, and upon request will, tape record any interrogation. Upon request, a copy of the tape/transcript (if made) will be provided to the lieutenant. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 17 ARTICLE 14: GRIEVANCE PROCEDURE Section 1. Grievance Procedure Steps. a. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. b. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Association concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Association, as provided by State Law. c. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Association within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the City Manager, with a copy to the Director of 2008-2010 COLLECTIVE BARGAINING AGREEMENT 18 Human Resources, by the Association within seven (7) calendar days of the Police Chiefs response or the expiration of the time limit in step 4. Step 6 The City Manager shall have fourteen (14) days to review the grievance. If the City Manager does not respond or otherwise settle the grievance within the fourteen-day period, the grievance shall be automatically advanced to Step 7, and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at Step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration within 30 calendar days of the conciliation meeting. b. If the grievance is not settled at Step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days of the date that the City Manager's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 2. Arbitration Panel. The City and the Association shall try to agree upon a mutually acceptable arbiter. If the parties fail to agree, they shall request a list of seven (7) arbiters from the Federal Mediation and Conciliation Service, with all arbiters being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. The decision of the Arbitrator shall be final and binding on the parties. a. The Arbitrator shall make his/her own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit his/her decision solely to the interpretation and application of this Agreement. b. Each grievance or dispute will be submitted separately except when the City and the Lieutenant Association mutually agree to have more than one grievance or dispute submitted to the Arbitrator. c. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the 2008-2010 COLLECTIVE BARGAINING AGREEMENT 19 Arbiter shall be borne equally by the parties. All other costs and expenses will be paid by the party incurring them, including costs of representation. d. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 3. Time Limits. Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 4. Multiple Procedures. In the case of disciplinary actions, both appealable to the Civil Service Commission and grievable under the terms of this contract, a written election of remedies shall be made after receipt of the Step 6 response. An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. If mutually agreed, time limits will be extended to complete a reasonable investigation before the selection of remedies is made. An appeal will be timely under the Civil Service rules if it is filed within ten (10) days of the completion of step 6 ofthe grievance procedure. Section 5. Step 3 Submission. In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, Step 3 of the Grievance Procedure will be initiated immediately. Section 6. Just Cause Standard. No employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, if it has just cause. Section 7. Probationary Period. All newly promoted employees must serve a probationary period. The probationary period upon promotion shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten day period for promotional probationers. The probationary period is an extension of the promotional process; therefore, the provisions of this Article will not apply to employees if they are demoted during the promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than demotion may be processed in accordance with this Article. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 20 Section 8. Parties to the Aareement. In as much as this is an agreement between the City and the Association, no individual employee may make use of the provisions of this Article, except as expressly provided above. ARTICLE 15: NONDISCRIMINATION The Employer and the Association shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, national origin, age, sex, or disability. Claims of unlawful discrimination shall not be processed in accordance with the grievance procedure denominated herein. The Employer and the Association agree that they will cooperate in complying with the Americans with Disabilities Act. ARTICLE 16: DRUG TESTING Section 1. Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will . result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer if they are using prescription or other over-the-counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances the Employer may request the employee to provide written medical authorization from a physician to perform various essential job functions while using such drugs. Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. Section 2. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is abusing the use of prescription or over-the-counter drugs, or is using illegal drugs, the 2008-2010 COLLECTIVE BARGAINING AGREEMENT 21 employee in question will be asked to submit to discovery testing. Such tests include breath tests, urinalysis and/or blood screens to identify any involvement with alcohol or such drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article, and therefore will be subject to discipline, including immediate discharge. Section 3. For the purpose of administering this Article the following definition of terms is provided: a. Reasonable Suspicion. Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts, that discovery testing will produce evidence of a violation of this policy; b. Under the Influence. In determining whether an employee is under the influence, the following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (Nanograms per milliliter) (nglml) Test Level Amphetamines...... ........ ......... .............................. ...... ........ ........ ... .1000 Barbiturates....................................................................... ..........300 Benzodiazepines... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ...... ... ... ........ ... ...300 Cannabinoids. . . . . . . . . . . . .. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . ... . . . ... . . .. . ... .. . ..1 00 Cocaine metabolites.................................................................... ...300 Methadone. . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . .. . . . . . . . .. .. . . . . .. . . . . ... . . . .. ... . . . . . . . . ... .300 Methaqualone. . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . .. . . . . .. ... . . . .. . . . ... . . ... . . . . . . 300 Opiates (Codeine)... ... ...... ...... ...... ... ... ... ... ... ... ........ ... ...... ........ ... ....300 Opiates (Morphine)..................... .. . . . . . . . . . . . . . . . . . . . ... . . .. . ... . . . . . . ... .. . . ... ...300 Phencyclidine (PCP).................................... .................................. ..25 Propoxyphene... ..................... ...... ...... .............. ........................... ..300 Level of the positive resultfor alcohol........ ................ ...... .0.04 blood alcohol c. lIIeaal Druas. All forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or possession is prohibited or restricted by law. d. Over-the-Counter Druas. Are those drugs that are generally available without a prescription and are limited to those drugs that are capable of impairing the judgment of an employee to safely perform the employee's duties. 2008-2010 COLLECTIVE BARGAINING AGREEMENT 22 e. Prescription Druas. All drugs that are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. Section 4. If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given notice of an opportunity to confer with an Association representative, if one is readily available. b. The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee, to the test administrator. The Association representative may be present during this discussion. c. The Employer may request urine and/or blood samples. d. Urine and blood samples shall be collected at a local laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Association representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. e. All specimen containers, vials, and bags used to transport the specimen, shall be sealed to safeguard their integrity (upon request, in the presence of the Employer, employee and Association representative) and proper chain-of-custody procedures shall be followed. f. The collection ofthe samples shall be performed at CHEC Medical Center and the testing at Drug Proof, or at another collection center or laboratory mutually agreed to by the parties. The results of such tests shall be made available to the Employer and the Association. g. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen must show positive results atlwithin the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: h. ng/ml. If immunoassay is specific for free morphine, the initial test level is 25 Section 5. Confirmatory Test. Marijuana metabolites...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...15 ng/ml Cocaine metabolites......... ... ............... ..................... ...... ... .150 ng/ml 2008-2010 COLLECTIVE BARGAINING AGREEMENT 23 Opiates Morphine......... ...... ............ ...... ... ...... ... ...... ... .......... .300 ng/ml Codeine. . . . . . . .. . . . . .. . .. . . . .. . . . . . . . . .. . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . .300 ng/ml Phencyclidine...... ... ... ...... ... ......... ... ... ...... ... ... ... ... ... ... ... ... ...25 ng/ml Amphetamines Amphetamine... ... ... ... ... ... ... ...... ... ... ... ...... ... ... ...... .....500 ng/ml Methamphetamine... ...... ............ .................... ... .........500 ng/ml Section 6. At the employee's or the Association's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Association for testing. The cost of this test will be paid by the Association or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results ofthis second test shall be provided to the City. Section 7. The employee and the Association (upon consent ofthe employee) shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. Such disclosure shall be in conformance with the Americans with Disabilities Act. Section 8. The parties designate Robert Petrie and Samuel Straus as the Medical Review Officer (MRO) to review all confirmed positive test results and communicate those results to the Employer. An MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five years and records of all negative tests for at least one year. Section 9. If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, abused the use of a prescription or over-the- counter drug, or reported to work while under the influence of alcohol, the employee shall be subject to discipline, including immediate discharge. ARTICLE 17: SENIORITY The term seniority as used in this Agreement will be defined as total service as a police lieutenant from date of promotion and/or appointment. If lieutenants are promoted on the same date then the total years of service as a commissioned police officer in any state will be utilized to determine seniority. " ARTICLE 18: SAVINGS CLAUSE Should any provision of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation shall not invalidate the remaining portions hereof; provided, however, upon such invalidation the parties agree to meet and 2008-2010 COLLECTIVE BARGAINING AGREEMENT 24 negotiate the affected provision(s). The remaining provisions shall remain in full force and effect. ARTICLE 19: WAIVER CLAUSE The parties acknowledge that each has had the unlimited right within the law and the opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Association, for the duration of this Agreement, each agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 20: DURATION This agreement shall be effective until December 31,2010. Except as otherwise provided by the express terms of this Agreement, all terms and conditions of this agreement shall become effective on the date of signing. day of ,2008. DATED this CITY OF FEDERAL WAY: FEDERAL WAY POLICE LIEUTENANT ASSOCIATION: City Manager, Neal Beets Association President, Tracy Grossnickle Approved as to form: Approved as to form: City Attorney, Patricia Richardson Stephen Hansen, Attorney For Lieutenant Association 2008-2010 COLLECTIVE BARGAINING AGREEMENT 25 APPENDIX A Lieutenant: The following wage adjustments apply to the currently employed Lieutenants as of ratification. 2008 Wage- 3.8% which is 100% CPI-W (Seattle-Tacoma) first half yearly average with a minimum of 2.5% and a maximum of 5. % Step A Step B Step C Step D Step E Step F $5,501 $5,775 $6,263 $6,799 $7,376 $7,907 2009 Wage-4.9%, which is 100% CPI-W (Seattle-Tacoma) first half yearly average with a minimum of 2.5% and a maximum of 5. % Step A Step B Step C Step D Step E Step F $5,771 $6,058 $6,570 $7,132 $7,737 $8,294 2010 Wage - 95% CPI-W (Seattle-Tacoma) first half yearly average with a minimum of 2.5% and a maximum of 5. % K:\Union\Lt-Commanders\2008\2008 - 2010 Final Agreement Clean 2 2008-2010 COLLECTIVE BARGAINING AGREEMENT 26 COUNCIL MEETING DATE: November 18,2008 ITEM #: .b.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CENTERSTAGE THEATRE MANAGEMENT PROPOSAL POLlCY QUESTION: Should the City Council consider options regarding the management of the Knutzen Family Theatre? COMMITTEE: PRHSPS MEETING DATE: October 14, 2008 CATEGORY: o Consent X City Council Business o Ordinance o Resolution o o Public Hearing Other ~.!'.\~!:_~~Q~!~.Y:M~EI~'!:~~~!.~~.re3:Y~~~~~_~~!.~E~L~~~.i~~~_~~p~!i~_t~~~<::!:l!.._._~~~~_~~~~_._._ At the October 14, 2008 PRHSPS Council Committee meeting management options for the Knutzen Family Theatre were reviewed and discussed. This was an informational meeting an no action was requested. Attachments: 1) Staff Background Memo, 2) Centerstage Theatre Management Proposal, 3) *Revised Knutzen Family Theatre Budget with detail on Revenues and Expenditures, 4) Centerstage Funding Timeline, 5) KFT Program Outline 6) KFT Major Use and Revenue, 7) KFT Mission and Vision Statements, Options Considered: 1. Centerstage Management Proposal for operations of the Knutzen Family Theatre. 2. Knutzen Family Theatre remains a "city operated facility. A. Increase funding for Centerstage Theater Arts Productions B. Reduce rental fees for Centerstage Arts Productions Q) Issue Request for Proposal to manage the Knutzen Family Theatre from Arts Groups or Professional Facility Managers. ...-._-_._.....__.__._...__.~.._...._.._m....__._~.m._......._.m..........__...__....__.._._.__._......______.._..._______.____.__._.._ .. ......_._.....___.___._..... ._u_ _._.__._____m....___.........___..m_.~_._.__....__ .....m... __.._.._m...._.____..__._._m_._._____.__....__...__....~............_._..._..... STAFF RECOMMENDATION: DIRECTOR ApPROVAL: ~ 0J:- To Council is for Council consideration and decision CITY MANAGER ApPROVAL: to Committee ~~ D~~ l>"", -W23 \. .(~ COMMITTEE RECOMMENDATION: Committee Chair ROPOSED COUNCIL MOTION: (BELOW TO BE COMPLETED BY ClTY CLERKS OFF/CE) COUNCIL ACTlON: o APPROVED o DENIED o TABLEDIDEFERREDfNO ACTlON o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTlON # ~ CITYOF ~ Federal Way PARKS, RECREATION AND CULTURAL SERVICES CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 7,2008 TO: Parks, Recreation, Human Services & Police Council Committee FROM: Mary Faber, Recreation and Cultural Services Superintendent VIA: Neal J. Beets, City Manager SUBJECT: Centerstage Management Proposal In June, Centerstage Theatre (CST) presented a proposal to the Arts Commission for consideration of the following requests: · Management of the operations of the Knuzten Family Theatre (KFT) for a management fee of $75,000. · In lieu of management of the Theatre a $50,000 annual award for the provision of live theatrical theatre program services. For the July meeting, the Arts Commission asked staff to provide information on the budget and program operations of the Theatre. The Commission did not meet in August and in September the proposal was reviewed and discussed at the Commission meeting and the committee work plan meeting. The Commission felt that a thorough review of the proposal was necessary to recommend to City Council a final policy decision regarding the on-going requests by CST. In October, the Arts Commission voted on the two requests outlined in the Management Proposal. In consideration of CST managing the KFT there were three votes for approval and six votes for disapproval, the motion failed. The minutes state that the second request for a $50,000 annual award to CST for live theatre program services failed, however, in review of the minutes the voting record indicated that there were five votes in approval of the $50,000 award annually and four that voted against. The motion did have enough votes to pass and the Chair of the Arts Commission was notified. The minutes are scheduled to be amended at the November meeting. Following the October Commission meeting, the Chair of the Arts Commission suggested that the city consider another option- to lower the rental costs for all local performing groups to use the Theatre. She felt that Centerstage has a high volume of use and this warrants a review of their current fees and would also assist them in management of their budget. The current theatre use agreement includes a base fee per production of $5,150 for up to 170 hours of use. The agreement provides the theatre space, one staff member who serves as a facility supervisor, general house lighting, heat, ventilation, and the use of the stage, seats and elevations. The use of the sound system and stage lighting are available at no charge, but additional fees for technical staff are assessed. Technician fees are billed at Fourteen and No/100 Dollars ($14.00) per hour. Centerstage Proposal to the City of F<XIeTaJ Way A Proposal To The City of Federal Way From Centerstage Theatre September 9, 2008 CONTENTS The Issues.. ..... ............ ....... ............ ........ ...... ...... ... ...... ... ..... Page 3 The Solutions... .... ... .......... ............ .,. ......... ...... ..,...... ........... Page 4 A Direct grant.......... ....... ...... ",.,.". .... ................. .,..... ......... Page 5 Centerstage manages the Knutzen.....................................Page 6 Analysis...... ........ .... ..... ........ ........... ......................... ... ......... Page 8 Concerns Previously expressed by City..............................Page 9 APPENDrX A List of Performing Arts organizations for whom the Knutzen was built APPENDIX B Proposed Budget for CST's management of KIT APPENDIX C 2007 and 2008 CST Budgets APPENDIX D Organizations which have funded CST in the last 24 months APPENDIX E Precedent in our region THE ISSUES 1. In 2007, The City of Federal Way subsidized the Knutzen Family Theatre (KIT) in the amount of $125,000. The Theatre showed a net "surplus" of $27,000. KIT therefore cost the taxpayers of Federal Way $98,000. * 2. KIT was created in 1998 to house ten Federal Way performing arts organizations (see Appendix A). Only two of these organizations still use the Knutzen. Of these two, 9th Avenue Dance (incorporating Aria Dance) is exploring the possibility of moving to the Middle School in Fife. Centerstage (CST) has been compelled by a City-initiated change of schedule at the Knutzen to hold one third of the performances of its :w08 Christmas Show at the Theatre On The Square in Tacoma. If aggressive action is not taken, the real possibility exists that in the near future the KFr will house no local performing arts groups. 3. It has been clear to CST for the past four years that the current business model \<vith the City of Federal Way does not work. In 2007 Centerstage's payments to the City for rent of the facility and for labor required by the City, amounted to 23% of its expenditures for that year. In contrast, Seattle Public Theatre rents the Bathhouse Theatre from the City of Seattle (for year-round occupancy) for 1.41% of its total expenditures. The pressure of these costs has resulted in Centerstage being compelled to request emergency funding from the City Manager's Contingency Fund. This solution is not a good one for either the City of Federal Way, or for Centerstage, because: (1) The City Manager has other needs and cannot be expected to continue subsidizing CST through his contingency fund. (2) CST cannot continue to operate at KFr when it is uncertain whether or not the City Manager is willing or able to make these monies available. . *We understand that some of the items funded in the Knutzen Family Theatre budget do not relate directly to the operations of the KFr. The principles of savings to the taxpayer under our management proposal are, however, still \'alid. whate\'er the REAL number may be. ~ j THE SOLUfIONS After discussions with the City Manager and others within the Department of Parks and Recreation, two potential solutions have been suggested: 1. A Direct Grant. To increase Centerstage's funding through the Federal Way Arts Commission to cover the costs of rental and labor at the KFT 2. Centerstage Manages the KFT. That the City pays Centerstage a Management fee to operate the KFT. IfCenterstage's own needs were the onLy consideration, it is clear that SoLution #1 wouLd be its preferred option. However, this solution only addresses Issue #3 (see Page 3 above) and does not address the other two issues. 4 A DIRECT GRANT 1. The City of Federal Way, through the Arts Commission, would pay Centerstage the fun cost of renting the theatre and the labor costs for technicians as required by the City. The size of this grant would be variable each year, depending upon the number of productions (4 or 5) and the technical requirements of individual productions. These costs would therefore be arrived at in discussion between the City and Centerstage. 2. This grant would not compromise Centerstage's eligibility to apply for the Contract For Services Grant through the Arts Commission, nor any Tourism Enhancement grants. 3. We estimate that this grant would be in the range of $40,000-$45,000 per year. ') CENTERSTAGE MANAGES THE KFf 1. The City of Federal Way pays Centerstage a Management Fee of $75,000 to operate the KIT. This saves the City $50,000. Centerstage is saved $40,000 in rental and labor costs. 2. The $75,000 will be used only for operations, utilities, custodial and routine maintenance of the facility. Any major capital expenditure would remain the responsibility of the City, as owner of the property. None of the Management Fee will be used for production or artistic purposes. (See Appendix B: Proposed Budget) 3. The Management Agreement would not affect Centerstage's ability to receive funding under Contract for Services from the Arts Commission, or grants from the Tourism Enhancement Grant program, which are for services not covered by the Management proposaL 4. CST will sub-contract the upkeep and operation of all KIT electrical, sound, lighting, soft goods and space to Seattle Scenic Studios Inc. Seattle Scenic Studios currently designs, builds and lights all CST shows. Their client list includes Seattle Shakespeare Company, Book-It Repertory, Bellevue Opera, Wooden 0, Youth Theatre Northwest, React, Civic Light Opera, Spectrum Dance Theatre, Seattle Public Theatre, University of Washington, Civic Light Opera, Taproot Theatre, The Village Theatre, Langston Hughes Center for the Performing Arts, SeattLe School District, Seattle Opera Youth Program, Historic Everett Theatre, the Seattle Seahawks...and many others. A fee has already been agreed upon and is shown in the budget. In other words: the City's property would be expertly maintained. 5. Although further discussion may be needed, it is proposed that Centerstage employ the same custodial staff as the Dumas Bay Centre. 6.' Regarding other uses of the Knutzen: Centerstage produces five 4-week productions each year, which amounts to 20 weeks total. This leaves 32 weeks of revenue potential to Centerstage. Centerstage believes that with itself as managing entity, there are many advantages. For example: (a) Presentation - In 2008, Centerstage produced '~n Evening With Mark Twain". Although this made a profit, $1,000 of that profit had to be returned to the City as rent. As manager of the KIT, we would be able to retain a larger portion of presentation revenues for events such as this, further enhancing our financial situation. (b) Rental- Since Centerstage's overheads are much lower than the City's, we can be much more aggressive in rental pricing of the space. We propose that 100% of all rental fees remain with Centerstage. (c) Children's Theatre - We would continue the programming of children's performances such as Storybook Theatre. Fees may have to be re-negotiated with these companies. However, only in exceptional 6 circumstances would we promote a company that does not hold the possibility of making a profit. Cd) Summer Workshop for Youth - We support the City's program. Further discussion is needed to establish how this would operate. Ce) Offices - Centerstage would move its offices from the Spectrum Business Park to the Knutzen Family Theatre. Costume and other storage would be moved to rooms already identified in previous discussions. This would save Centerstage more than $8,000 per year. 7- All the items outlined in Paragraph 6 would secure Centerstage's financial position. They would eliminate the need for further grant requests from the City. Savings on rental and tech labor Savings on current office space Conservative projection of revenue From ALL other events 40,000 8,000 5,000 TOTAL FINANCIAL BENEFIT $53,000 8. CST suggests that this agreement be entered into as a 24-month trial. A long- term agreement can then be entered into to the satisfaction of both parties. 9. CST will present the City with a full Business Plan before a Management agreement is signed. 7 ANALYSIS OF MANAGEMENT PROPOSAL 1. CST must, with the help of the City, accurately predict operating costs, so that both parties agree that the management fee is appropriate. 2. Centerstage will continue to operate as prudently as it has in the past, but now with a $53,000 shield. Some of this will be used for salary for Centerstage's 2 employees (see Appendix B). Otherwise this funding exists to protect Centerstage from the uncertainties of the performing arts market, and to also protect the City from additional requests for funding. 8 CONCERNS PREVIOUSLY EXPRESSED BYTHECITYOF FEDERAL WAY 1. Is the payment of a management fee unfair to other Performing Arts Organizations in Federal Way? The management fee has nothing to do with arts funding. [t is a fee for non-artistic services, none of which any other performing arts organization in Federal Way performs. 2. Will CST co-operate with other groups who use the KFT? Centerstage has demonstrated over the past three years that it is co- operative to a fault with the only other local arts organization who uses the KFr. We refer you to the scheduling performances of Christmas shows, where Centerstage has accommodated all 9th Avenues needs. 3. Is CST competent to manage the Knutzen Family Theatre? (a) CST has dramatically increased its annual revenues from $107,000 in 2003 to $199,000 in 2007. Sources: *Improved Box Office Revenues *New funding from major funding organizations (See Appendix D) *Personal gifts increased from $9,000 in 2003 to $26,000 in 2007 *More effective fundraising events * Assistance from City Manager's Contingency Fund (b) Managing Artistic Director, Alan Bryce has spent a career in the Theatre. Here are some resume points: *Artistic Director, Overground Theatre, London, 8 years. *Development Director, Proctor's Theatre, Schenectady NY. 8 yrs * Artistic Director, Proctor's Too (Second Performance Space) 3yrs *Theatre Consultant, John F. Kennedy Center for the Performing Arts, Washington DC 2 years *Executive Director, Landers Theatre, Springfield, Missouri. 3 yrs * Author of several plays produced in over 40 theatres in Great Britain and the United States. *Has appeared as an actor in theatres throughout Great Britain, and on TV and Hollywood movies. (c) CST has 'entered into an lntern arrangement with DeVryUniversity, designed to enhance its marketing effectiveness. Starting in July 2008, DeVry interns will be working on website design and maintenance; group sales; research of media outlets. (d) Seattle Scenic Studios are Seattle's premier nonprofit technical theatre support organization and bring a wide range of experienced personnel. (e) Board Of Trustees. CST's Board is a highly-competent group 9 of community professionals: Chad Stalder, President FINANCIAL ADVISOR Roger Wood, Vice President RETIRED AIRLINE PILOT Mark Swanson, Treasurer MORTAGE BROKER; CERTIFIED REAL ESTATE INSTRUCTOR Polly Oliver. ATTORNEY Cindy Ducich, Secretary BUSINESSWOMAN Mary Jo Creso BUSINESSWOMAN Nyree Martinez ACTRESS Rich McPhail SOUND RECORDING ENGINEER Dr. Jack Nelson OPTOMETRIST Jim Strehlow MANAGER, RAINIER PACIFIC BANK Angela Griffin EXECUTIVE DIRECTOR, YMCA An Advisory Board has also been created to assist with community profile and fundraising. This Board has already raised money for a special project in 2009. (f) Artistic AccompLishment. CST has produced exceptional work on a very modest budget. Among many accomplishments in the last 4 years, CST has: *Employed Martin Charnin, creator of Annie on Broadway *Employed John Forster, s-time Grammy Nominee *Employed Karen Archer of the Royal Shakespeare Company *Employed Dawn Clement, pianist who has played Carnegie Hall *Employed Peter Sipos, European Composer of the Year *Has received "Best Season of any theatre in the Region" from The VoLcano (Tacoma's Arts newspaper) *Artistic Director received "Best Director" Award 2007 from Tacoma News Tribune *Blue Plate Special received "Best Comic Actor" Award 2006, from Tacoma News Tribune *For each of the past three years, CST has been voted "Best Community Arts Organization" by the readers of the Federal Way Mirror. *The Federal Way News wrote: "Mark my words: in time, the current era at CST will be viewed in the regional, if not national, theatrical world as a golden age of creative adventure." iO 4. Will CST Staff cooperate with Dumas Bay Centre Staff? CST has never fully understood this objection, since it has never been discussed, simply asserted. CST firmly believes that by re-establishing the nature of the relationship between City and Theatre, the current tensions (with KFf staff, nof with Dumas Bay Centre Staff) would be eliminated. As it stands, CST employees and volunteers have excellent relationships with Dumas Bay Centre Staff. Day-to-day practicalities would have to be discussed, and will be easily resolved. 4. Is CST strong enough? CST is strong in every respect but one. The significant weakness is our business relationship with the City. It is that relationship that this proposal addresses. CST has never in its 30 years operated under a deficit. 5. Will CST's operation of the KFf safeguard the mission and vision of the KFf? CST produces twice as many performances each year than all the other performing arts organizations in Federal Way combined, including the KIT itself. Its advertising expenditure in promoting the Knutzen is more than ten times larger than the city's marketing budget for the KIT. Under the City, eight performing arts organizations have left the KFf, and both CST and 9th Avenue Dance have actively explored other options. We believe, therefore, that CST already safeguards KIT mission and vision more aggressively than the City. It is our contention that the City has itself failed to safeguard the mission and vision of the KIT. CST offers no guarantees, but we believe that this proposal provides the template for a far more successful safeguarding of KIT mission and VISIon. I i APPENDIX A A list of the organizations for whom the Knutzen Family Theatre was built in 1998 Company Current use of KFT Centerstage Theatre Uses KIT for 4 or 5 productions each year. More than 60 performances in 2007 Aria Dance Has 2 performances of a spring concert, and 5 performances of The Nutcracker under the name of parent school: 9th Avenue Dance. British American Theatre No longer exists Company Evergreen City Ballet Does not use Federal WavChorale Does not use Federal Way Harmony Does not use Kings Federal Way Symphonic Not in business Band Federal Way Symohony Does not use Jet Cities Chorus of Sweet Does not use Adelines Ladies In Red Not in business Puget Sound Musical Not in business Theatre Showstoooers Not in business I APPENDIX B CST's proposed budget for managing the Knutzen Family Theatre APPENDlX B Proposed Budget: CST manages KFr 2009 Expenditure Miscellaneous marketing Season ticket brochure CST presents Play L Musical L Play 2 Musical 2 Musical 3 CST prescnts fur kids IBAA Bankcard Fee [nsurance Professional Fees Utilities Huuschold Supplics Repair/lVlainten<luce Suppl.ics Custodial Labor Repair/Maintenance Labor Seattle Scenic Studios Telephone Miscellaneous fees, licenses, permits Office Equipment/consumables/postage Artistic Director Bookkeeper Admin Assistant FICA/Payroll Taxes Contingency Concessions L,OOO 4,000 9,200 L7.375 33,625 L7,350 32,250 38,700 14,000 3.000 2,500 250 22,500 1,500 2,500 7,000 1,000 25.000 2,500 250 2,000 29,000 3,000 25,000 4,500 :),000 500 304,500 Items in red represent new expenditures or income to CST's budget. '\ Show Budgets 2009 CST Play Musical Play Musical Musical Presents 1 1 2 2 3 Actors 0 2000 6,000 2000 3,200 6,250 Director 0 1000 0 1000 0 1000 . Designer 0 800 800 800 800 800 Music Dir 0 0 lLOO 0 1100 lLOO Choreographer 0 0 800 0 800 800 Costume Designer 0 500 1500 500 1500 1500 Stage Manager 0 350 350 350 350 350 Musicians 0 0 1800 0 1800 3200 Lighting Designer 0 325 325 350 350 350 Technicians 500 1000 1000 LOOO 1000 1000 Visiting Artist Fees 5,000 0 0 0 0 0 Hospitality 100 150 200 LOa 200 200 Travel 1,500 0 0 0 0 0 Set 400 2000 3000 2000 3000 4000 Costumes 0 500 2500 500 4500 4500 Props 0 500 600 500 500 500 Lights 0 50 50 50 50 50 Royalty 0 600 4500 600 4000 4000 Poster 0 150 L50 150 150 150 Postcard/flyer 500 1,000 1,000 1,000 1,000 1,000 Postage 450 900 900 900 900 900 Mail Service 300 600 600 600 600 600 Street Signs 200 250 250 250 250 250 Newspaper Ads. 200 700 700 700 700 700 Radio 0 0 1500 0 1500 1500 Mobile Billboard 0 3000 3000 3000 3000 3000 Programs 50 LOOO 1000 LOOO LOOO 1000 9200 17375 33625 17350 32250 38700 lncome Season/Flex tickets CST Presents Play I Musical I Play 2 Musical 2 Musical 3 CST presents for kids Rcntals:other alts organizations Rentals: commercial Tcchnical and House Staff Murder Mystery (net) Management Fee FW Arts Commission FW Tourism Grants Sponsorships/Corporate Individual Donations 4 Culture Rotary Seattle Foundation Other grants Program Advertising Other revenue (Concessions etc.) 16,500 9,000 12,000 21,000 12,000 18,000 25,000 10.000 10,000 7,000 2,000 tO,OOO 75,000 12,000 7,500 12,000 22,500 3,000 2,000 5,000 5,000 4,000 4,000 304,500 Items in red represent new expenditures or income to CST's budget. APPENDlX C CST's budgets for 2007 and 2008 APPENDIX C - CST Budget 2007 (5 shows) Expenditure Miscellaneous marketing Season ticket/donation request Absurd Person Singular Robin Hood A Flea In Her Ear Murder Mystery Comedy Christmas Show Office rental IBAA. Bankcard Fee 750 Income Season/Flex tickets Absurd Person Singular Robin Hood A Flea In Her Ear Murder Mystery Small Musical Christmas Show 3,000 18,425 34.575 23.410 5,500 17,975 24,875 7.000 2,000 1,800 250 250 2.500 30th Birthday Party (net) FW Arts Commission FW Arts Commission Special S ponsorshi ps/Corporate Individual Donations FW Tourism Grants 4 Culture Rotary delayed grant C Carol Insurance Professional Fees Utilities Telephone Miscellaneous fees. licenses, permits Office Equipment/ consumables/ postage Artistic Director Bookkeeper Admin Assistant FICA/Payroll Taxes Mise/Contingency Concessions 250 2,250 18,547 2.688 14,837 3,607 Other grants Program Advertising Other revenue (Concessions etc.) TOTAL 1.000 750 186,239 TOTAL 13,500 15,000 17,500 15,000 12,000 16,500 21,000 7,500 10,000 7,500 12,000 16,500 6,500 2,000 1,500 9,000 4,000 3,500 190,500 Show Budgets 2007 (Plan C) Robin Xmas Item Absurd flood A Flea Comedy Show Totals Actors 1950 5200 4550 1000 3900 16600 Director 1000 2000 0 0 0 3000 Designer 750 750 750 750 750 3750 Mus Dir 0 1500 0 0 0 1500 Choreo 0 750 0 0 750 1500 Coso Des 0 0 0 750 1000 1750 SM 325 325 325 325 325 1625 Musicians 0 1500 0 0 2250 3750 Lite Des 325 325 325 325 325 1625 Hospitality 200 200 200 200 200 1000 Travel 0 0 0 0 0 0 Set 1500 2250 2250 1750 4000 11750 Costumes 500 5000 3000 500 2500 11500 Props 250 600 500 450 1000 2800 Lights 50 50 50 50 50 250 Royalty 550 2000 435 600 0 3585 Poster 200 200 200 200 200 1000 PC/Flyer 875 875 875 875 875 4375 Postage 875 875 875 875 875 4375 Mail Serv 525 525 525 525 525 2625 St signs 225 225 225 225 225 1125 Newsp. Ad 700 700 700 700 700 3500 Programs 975 975 975 975 975 4875 Knutzen staff 1500 2000 1500 1500 2000 8500 Rental 5150 5150 5150 5150 5150 25750 18425 33975 23410 17725 28575 122110 APPENDIX C Centerstage Budget 2008 (4 shows) Expenditure [ncome Miscellaneous marketing 500 Season/Flex tickets [6,500 Season ticket/donation request 3,000 Mark Twain 5,300 Mark 1\vain 3,700 Nightmare of A Married Man 9,750 Nightmare of A Married Man 18,275 My Fair Lady 22,000 My Fair Lady 37,250 Will Rogers (BO and sponsor) 7,500 Will Rogers 5,000 Murder Mystety 12,000 Always Patsy Cline 28,975 Always Patsy Cline 19,000 A1addin 40,375 A1addin 26,000 Office rental 7,000 A1addin (in Tacoma) 6,000 [BAA Bankcard Fee 2,000 FW Arts Commission 11,750 lnsurance 1,900 FW Special Manager's Grant 5,000 Professional Fees 250 Sponsorships/Corporate 12,000 Utilities 250 lndividual Donations 22,500 Telephone 2,500 FWTourism Grants 7,500 Miscellaneous fees, licenses, permits 250 4 Culture 2,000 Office Equipment/consumables/postage 2,500 Rotary 2,000 Artistic Director 19,500 Other grants 5,000 Bookkeeper 3,000 Program Advertising 4,000 Admin Assistant 15,500 Other revenue (Concessions etc.) 4,000 FlCA/Payroll Taxes 3,750 TOTAL 199,800 Mise/Contingency 3.425 Concessions 750 Expenditure -199,650 TOTAL 199,650 [ncome 199,800 Net 150 Show Budgets 2008 Nightmare... Mark Married My Fair Patsy Twain Man Lady Cline Aladdin Actors 0 2100 6175 1000 4200 Director 0 0 1000 1000 1000 Designer 0 750 750 800 800 Music Dir 0 0 1200 1000 1000 Choreographer 0 0 500 0 800 Costume Oesigner 0 0 1500 500 1500 Stage Manager 50 325 325 350 350 Musicians (4) 0 500 800 3000 4000 Lighting Oesigner 50 325 325 350 350 Hospitality 100 150 200 100 200 Travel 700 0 0 0 0 Set 100 1750 2500 2000 4000 Costumes 0 200 2500 LOOO 4500 Props 0 1000 600 500 500 Lights 0 50 50 50 50 Royalty 0 0 4200 3200 2500 Poster 0 150 150 150 150 Postcard/flyer 500 900 900 900 900 Postage 100 900 900 900 900 Mail Service 200 525 525 525 525 Street Signs 200 250 250 250 250 Newspaper Ads. 200 700 700 700 700 Radi%ther media 0 0 3000 3000 3000 Programs 50 LOOO LOOO 1000 LOOO Knutzen staff 250 1500 2000 1500 2000 Rental 1200 5200 5200 5200 5200 3700 18275 37250 28975 40375 19 APPENDIX D ORGANIZATIONS WHO HAVE FUNDED CST IN SINCE JANUARY 2006 AND HOW MUCH THEY HAVE DONATED IN THAT PERIOD Not including Grants from the City of Federal Way, who have funded through: The Federal Way Arts Commission Federal Way Tourism Enhancement Grant Program City Manager's Contingency Fund CASH Seattle Foundation 4Culture The Boeing Company Metropolitan Market Jarvis Financial Inc. WalMart National City Mortgage Federal Way Noon Rotary Bargreen Ellingson Inc. Puget Sound Energy Artpatch Rainier Pacific Bank 10,000 10,400 7,500 6,000 6,000 4,000 4,000 4,000 3,000 2,000 2,200 1,500 IN-KIND Paguirigan Branding and Design* Federal Way News Brantley, Jansen, Yost et at KUOW-FM Federal Way Mirror 20,000* 5,000 1,500 2,000 1,000 'Centerstage went through a full branding Process with this advertising agency, who also created our new logo and our marketing materials for 18 months. APPENDIX E PRECEDENT IN OUR REGION FOR NONPROFIT ARTS ORGANIZATIONS MANAGING A CITY-OWNED FACILITY Although our proposal is specific, there is no template which both parties must agree to. There are many options. To explore some options, CST met with representatives of The Village Theatre and Kirkland Performance Center. The Village Theatre receives a management fee from the City of Everett to operate the Everett Performing Arts Center. The Kirkland Performance Center is used, rent-free, by a nonprofit corporation in a facility owned by the City of Kirkland. We have outlined below sketches of the agreements both these nonprofits have with the local City. These notes are intended as a reference, which offer other options for Federal Way and CST to explore. ~ i Everett Performing Arts Center *Contacts: Lanie Mc Mullen, Executive Director, City of Everett, (425) 257-8700 www.villagetheatre.org Sherrill Dryden, Manager, Everett Performing Arts Center: (425) 257-6363 www.ci.everett.wa.us The Village Theatre produces shows in Issaquah and then moves them to Everett. In the City of Everett's budget for 2005, the City described the project as providing: *quality performing arts events for Everett citizens *a home for indigenous needs: artistic, business, educational *a destination attraction, generating a flow of dollars *flagship professional arts to citizens of Snohomish County The expected results were: *enhancement of the quality of life for Everett citizens *facility rentals *a full season of Main Stage productions *provision of children's programming *The Village Theatre guarantees Everett a certain number of performances per year. *The City of Everett has an M&O line item in its budget of $290,000 (how that is exactly broken down was not shared with us.) *By happenstance, rather than by planning, some of the technical equipment is owned by the City and some by the Village Theatre. *The Village theatre maintains the facility. *However, the City is responsible for maintenance and custodial costs *Sherrill Dryden, the local manager liaises with the City of Everett, but is an employee of the Village Theatre (as are all theatre staff). *Theatre supervises all rentals, bears, and is reimbursed for, all labor costs, but rental fees go to City of Everett. Sherrill Dryden said to us that this arrangement: "makes financial sense for the City of Everett". :~2 Kirkland Perfonnance Center *Contact: Steve Lerian, Executive Director, Kirkland Performance Center (425) 828-0422. www.kpcenter.org Dave Ramsay, Manager, City of Kirkland, (425) 587-3001 www.ci.kirkland.wa.us *The Kirkland performance center has three lO-year leases with the City of Kirkland. It was opened in 1997. *The City provided the nonprofit corporation with the services of a Business Consultant to draw up a viable business plan. *No rent is paid to the City. However, the Kirkland Performance Center raised $4 million of the $5.7 million required to build the facility. Steve Lerian characterized this as "I,"ent in advance". (This is comparable to, but very different from, the arrangement at the Knutzen, where $400,000 was raised through private fundraising -in which CST was intimately involved - and $2 million provided by The City of Federal Way to meet the cost of converting the convent chapel into a theatre). . *The nonprofit corporation has full authority over the uses of the building, except for 7 days annually which the City may use for its own purposes. The nonprofit corporation is reimbursed for labor costs for any such uses. *The City otherwise has no programming input. *The City of Kirkland levies an Admissions Tax on all performance admissions in the City. These taxes are re-granted to the nonprofit corporation (at about $40,000 per year). The City further grants $50,000, which is used mostly for maintenance and upkeep. *The City is responsible for HV AC, elevators, exterior landscaping and the fabric of the building. The nonprofit corporation is responsible for everything else, including plumbing, maintenance, utilities, sound and lighting. *If the nonprofit corporation fails, the City of Kirkland inherits everything, including all stage and related equipment. ., .:. MANAGEMENT COMPARISION OF KNUTZEN FAMILY THEATRE BUDGET MANAGEMENT COMPARISION OF KNUTZEN FAMILY THEATRE BUDGET 2004 - 2007 (w/year 2007 adjusted to remove Church Group use of KFT) Operating Revenue: Event Admission Fees :5 Program Fees _ Theatre Rental-Centerstage Theatre Theatre Rentals - Business Theatre Rentals - Arts Organizalion Theatre - Arts Organization - Nonresident AV Equipment Rental _ Rehearsal Space - Arts Organization Theatre Rental - Commercial Theatre - Nonresidential Art Organization Technical & House Staff Investment Interest Grants Transfer-In from General Fund - Arts Comm Other Miscellaneous Revenue Operaling Expense: Personnel Costs - Pay/Benefit Office Supplies Household Supplies Food & Beverage Repair & Main! Supplies ~Iothing & Footwear Professional Services Custodial & Cleaning Communications/Postage Travel & Training Advertising & Legal Notices Rental of FumitureiEquipment Ulilities Repairs & Maintenance Other r....1iscellaneous Minor Equipment 16,915 15,456 15,000 4,445 5,260 3,240 5,370 325 920 600 6,399 530 4,600 5,310 69 121,429 1,802 1,118 632 126 32,574 9,424 1,390 973 15,089 6,513 $ 10,638 7,144 5,ISO 5,747 21.150 1,805 2,064 852 1,118 11,242 1,804 2,SOO 7,500 238 90,070 1,299 932 341 208 18,173 2,648 4 855 2,068 20,401 16,177 15,ISO 27,783 21,020 5,537 3,142 26 632 12,079 4,848 I,SOO 83,588 2,S02 90 S09 ISO 494 22,710 8,673 - $ 34,824 $ 9,286 Ticket revenues from city sponsored or produced events 15,632 Program registration fees for theatre classes. youthicommunity theatre 25,7SO Rental fees Centerstage Theatre (800) Rental fees for business rentals such as Christian Faith Church 9.989 Rental fees forresident arts organizations such as Aria Dance 6.259 Rental fees for non-resident arts organizations 1,937 - Rental fees for resident arts organzations 6,716 Rental fees for privateifor profit cultural arts programs 231 Rental fees for non-resident arts organizations 13,420 Fees for lechnicai slaff associated w!rentais, backed out $3377 for Church 6,493 500 Grants for equipmentJprograms Arts Commission sponsored activities 972 backed out $30 for Family Christian Church 122,895 5,011 1,375 913 2,235 264 t3,290 6,949 Cost'for a portion of Mar-js time, Cost for legal svcs, accounting. payroll. accounts payable. etc. Costs for computers, phones. copier, mail services ,etc. In 2007, KFT contnbuted $28K to capital fund balance and spent $14K (see capital spending belowl 14,100 Capital Spending using Fund Balance "Notes on indirect Costs ~;ii%1;:1f4e1",t:$;:l:t:1!if!t0tal~JilUlQt,m~eLClj$l1i'fK;:YllJ\r'2004::~r_'2lJO$)"";":~~~OO6;:h~Jt:?t!1li[''ZQQJktd @!A'[\!.S Q\!'Q: Operating Revenue Operating Expense Net Operating Loss Indirect Costs Capital Costs Subtotal Other Costs 84,000 188,000 (104,000) 15,000 9,000 24,000 79,000 138,000 (59,000) 31,000 31,000 132,000 149,000 (17,000) 32,000 35,000 67,000 $ 96,000 189,000 (93,000) Total City cost includes both direct operational costs for the Theatre ($189,348) and $32,714 of indirect or shared costs, These costs include supervisory, legal administrative and internal services fees such as a telephone system and computers. The expenses will not be assesed to CST but will be transferred to the General Fund and ..ill remain a cost to the Crty and distributed to other departments, If staff reductions are made for supervisory, legal and administrative staff this cost to the General Fund would be reduced. The City will continue to maintain capital costs with the CST Management ProDOsa!. 33,000 14,000 47,000 ~ .;::<""" ," ,4,; ; ,;;"f?'i'll16tafCdst,;';StaWlliSiluo',$ ,:' 12a,001l1!fll$,;,1'; all',IllllI:1;:$;~.1'i84,GOO':!;#"'il4f).flOt),,; PROPOSED CONTRACT: Management Fee 75,000 75,000 75,000 75,000 Indirect Costs Capital Costs Subtotal Other Costs t5,000 9,000 24,000 S 31,000 32,000 35,000 31,000 $ 67,000 33,000 14,000 47,000 ,; ':S;7,':: :,,*:,,, ; ,Tdtall:$St-, Prili!'Ollea COmet $,," ,!l9;Wlliiir;$"',;1,G6fllOOid4f\lZ'1f'42;OOll#i,''$'S',i'LtU;UO!l; bit :":::;N;:lT#fi'{'i4llilf_lill:W~I(fCItY;::$ft\t.7~_,1:''$:i'.lJ;1l4Ill*$":rrL'((581lOOf1'$\:~"l8.ooltfC C:\Documents and Settings\mal)1\local Settings\Temporary Internet F'es\Content.Outlook\A.4TXQQMO\KFT 4 Centerstage w_out Church. 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CD E ': E E (ij ... 8~~ (I) a. 0 1::: en <(0..0 . . co o o N - Co) c ., CD C ;: C o U .. ., CD &IS C &IS :E >- .. u 00 00 qo~ 00 NN ~~ ...... 00 00 00 NN c o U; en - E E o u en~ '1::0 cc~ (,) o "0 cD .!: (i) ~ u; o cO o o ~ CD ~ -E E o (,) (I) ~ ro ~ 0001()0 OOON~ o o~ q 10.. ......~ rxjOO(,,)OT"" T"" T"" T"" T"" ~~~~~ ... ... .... .... I() co...... 00 0000 0000 N N N N Knutzen Family Theatre Program Outline 1. Professional Children's Theatre performances a. Storybook Theater b. Thistle Theatre c. Tears of Joy Theatre d. Pushcart Players 2. Participational Children's Theatre a. Missoula Children's Theatre b. Summer Youth Musical Theatre Program i. Two 4-7 yr old theatre camps 11. 9-12 yr old theatre camp 111. 13-19 yr old theatre camp 3. Theatre Classes a. Drama b. Musical Theatre c. Private Lessons d. Shakespeare e. Acting Technique for advanced teens/adults f Fall, Winter, Spring season 4. Community Theatre a. THUGS: A Musical Mafiasco i. January 2008 b. [Hate Hamlet i. January 2009 5. Rental Space for Arts Organizations a. 9th A venue Dance b. Aria Dance c. Centerstage Theatre d. Avon Schilproort e. Rose Johnson f Amy Lalicker 6. Rental Space for Businesses a. W orId Vision b. Weyerhaeuser c. Lifeway Church d. Veterans Administration ofPuget Sound e. Bellarmine School District f Overflow Dining area 7. Rental Space for other City functions a. Parks & Recreation Dance Classes Recitals b. Friendship Theatre c. Advancing Leadership Graduation d. Writers' Retreat e. Holiday Adopt-a-Family f. PRCS meetings 8. Technical Support for City functions a. Red, White & Blues Festival (off-site) i. Sound for 2nd Dance stage b. Tech/equipment support for Community Center (off-site) c. Tech/equipment support for Dumas Bay Center 9. Staff support for Dumas Bay Center a. Front desk coverage b. Basement PRCS Dance Classes co o o N CIl L. .... CIS CIl .s:: I- >. ::e11 E.! CIS ClI U. .0:: C 0 CIl CIl C L. 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Knutzen Family Theatre Mission Statement The mission of the Knutzen Family Theatre is to provide the community of Federal Way with a quality facility that presents accessible and affordable arts and cultural experiences in a unique and beautiful setting. The Knutzen Family Theatre will: . provide a performance space for local artists and arts organizations; . enrich the lives of community residents; . contribute to economic development; . foster arts and cultural education for all ~ges; . . serve as a gathering place for the community. Knutzen Family Theatre Vision Statement We envision the Knutzen Family Theatre will: Establish a facility primarily dedicated to the presentation of the performing arts. Maintain a state-of-the-art performance facility which supports the on going viability of the local arts organizations. Stimulate the city's economy by facilitating the growth of our local arts industry, developing regional audiences and attracting business investment. Provide cultural enrichment opportunities that build Federal Way=s identity and improves livability. COUNCIL MEETING DATE: November 18, 2008 ._..._.._..!!~~~~ 7. C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMEND ORDINANCE NO. 06-541 EXTENDING THE MATURITY DATE AND CHANGING THE INTEREST RATE OF THE CITY'S LIMITED TAX GENERAL OBLIGATION BOND FOR $4,100,000. POLICY QUESTION: SHOULD THE CITY COUNCIL AMEND ORDINANCE NO. 06-541 THEREBY EXTENDING THE MATURITY DATE AND CHANGING THE INTEREST RATE ON THE CITY'S LIMITED TAX GENERAL BOND ISSUED FOR THE PRINCIPAL AMOUNT OF $4,100,000 AS A RESULT OF EXTENSION APPROVED REGARDING THE SYMPHONY PROJECT? COMMITTEE: N/ A MEETING DATE: CATEGORY: D Consent X City Council Business Ordinance D D Public Hearing Other DEPT: CM ~T A.!.!.~~g~!.!!.~:...!.3.!Y-~E:!_~!l~~2..~.g~gFO Attachments: Proposed ordinance amending Ordinance No. 06-541 extending the maturity date and changing the interest rate on the City's limited tax general obligation bond in 2006 for the principal amount of $4,100,000. Options Considered: 1. Approve the proposed amendment to Ordinance No. 06-541. 2. Direct Staff to find a different source of funding for the real property commonly referred to as the AMC Theater site where the Symphony Project is intended to be developed. STAFF RECOMMENDATION: Option 1 - amend Ordinance No. 06-541 CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: ~ COMMITTEE RECOMMENDATION: N/ A Committee Member Committee Chair Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (DATE): ] move to fonvard the ordinance to a second reading for enactment on the December 2, 2008 consent agenda. 2ND READING OF ORDINANCE (CONSENT AGENDA DATE): "] move approval of amending Ordinance No. 06-541 " (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 # ~ CITYOF II ~ Federal Way DATE: November 18, 2008 TO: City Council Members FROM: Bryant Enge, ACMlCFO SUBJECT: Extension of Maturity Bond Councilmembers, The attached ordinance for your consideration would extend the maturity of the bond which financed the purchase of the AMC Theater site. The bond was due to retire December 28th from the proceeds of the sale of the AMC Theater site to United Properties. Due to global economy challenges, United Properties has not secured financing for the project. At the July 17,2008 council meeting, City Council approved an amendment to extend the closing date to September 11, 2009. In consideration of this extension, United Properties agreed to reimburse the city of Federal Way for its carrying costs of the bond for 12 months. In execution of this consideration, United Properties deposited $150,000 with an escrow agent managed by the city. It is to the city's economic advantage to extend the note for 12 months. It is projected that the amount deposited will be sufficient to cover the city's carrying costs, the interest on the bonds. Since there is no carrying cost the city will benefit from the interest that accrues on the set-aside of$4,100,000 that will retire the debt in December of 2009. Bond financing rules and statutes place limits on the city's ability to internally carry the cost of financing with respect to subsequent financing of project related costs. BME~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING ORDINANCE NO. 06-541 TO EXTEND THE MATURITY DATE AND CHANGE THE INTEREST RATE OF THE CITY'S LIMITED TAX GENERAL OBLIGATION BOND, 2006 IN THE PRINCIPAL AMOUNT OF $4,100,000. WHEREAS, the City Council (the "Council") ofthe City of Federal Way, Washington (the "City") passed Ordinance No. 06-541 on December 19,2006 providing for the issuance of the City's Limited Tax General Obligation Bond, 2006 (the "Bond") to finance public projects, including property acquisition, demolition, planning, construction and refinancing (collectively, the "Project"); and WHEREAS, the City issued the Bond to Bank of America, N.A. (the "Bank") with a maturity date of December 28, 2008; and WHEREAS, the City has received a proposal from the Bank dated November 10, 2008 (the Bank's Proposal") extending the maturity date and changing the interest rate of the Bond; WHEREAS, it is in the best interest of the City to accept the Bank's Proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Ordinance No. 06-541. Section 3 of Ordinance No. 06-541, is hereby amended to read as follows (additions are double underscored, and deletions are stricken through): Section 3. Authorization of the Bond. The Council hereby authorizes the issuance and sale of a limited tax general obligation bond of the City in the total principal amount of $4, 1 00,000. The bond shall be designated the "City ofF ederal Way, Washington, ORD# , PAGE 1 P:120978 _NMN120978 _ 3AM 11/14108 Limited Tax General Obligation Bond, 2006," (the "Bond"). The Bond shall be issued in fully registered form, shall be numbered, shall be dated as of its date of delivery to the Bank, shall bear interest at the rate per annum of % HJ%, until the Bond has been paid or its payment duly provided for and shall mature on December 29.2009 two years from the date of its delivery. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. Interest shall be payable on the first day of the month that is at least 90 days from the date of closing, and quarterly thereafter, and at maturity or upon prepayment. All principal of the Bond shall be paid at maturity or upon prepayment. Principal of and interest on the Bond shall be payable as described in Section 4 of Ordinance No. 06-541 belew. If the Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on the Bond at two percentage points in excess of the rates specified above, from and after the maturity or call date until the Bond, both principal and interest, is paid in full. Section 2. Bank's Proposal. The City hereby approves and accepts the Bank's Proposal. The City agrees to pay the fees specified in the Bank's Proposal and comply with all other terms and conditions set forth therein. Upon delivery of the new Bond, the City shall pay to the Bank: (a) a fee of $2,000 and (b) reimburse the Bank for its legal fees in the amount of not to exceed $300. Section 3. Confirmation of Ordinance No. 06-541. as amended. Ordinance No. 06-541 as amended by this amendatory ordinance is hereby ratified and confirmed. Section 4. Ratification: General Authorization. The Mayor, City Manager or the Assistant City Manager/CFO and other appropriate officers of the City are authorized to deliver a new Bond to the Bank reflecting the terms of this amendatory ordinance and to take any actions and to execute documents as in their judgment may be necessary or desirable in order to carry out the terms of, and complete the transactions contemplated by, this ordinance. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. ORD# , PAGE 2 P:\20978_NMN\20978 _ 3AM 11/14108 Section 5. Effective Date. This ordinance shall become effective five days after its passage and publication as required by law. PASSED by the City Council of the City of Federal Way this 2nd day of December, 2008. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILL Y APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ORD# , PAGE 3 P:\20978 _NMN\20978 _ 3AM 11/14/08 CERTIFICATE I, the undersigned, Clerk of the City of Federal Way, Washington (the "City"), and keeper of the records of the City Council (herein called the "Council"), DO HEREBY CERTIFY: 1. That the attached ordinance is a true and correct copy of Ordinance No. of the Council (herein called the "Ordinance"), duly passed at a regular meeting thereof held on the 2nd day of December, 2008. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. I have hereunto set my hand this _ day of December, 2008. CITY CLERK, CAROL MCNEILLY P:\20978_NMN\20978_3AM 11/14/08 EXHIBIT "A" BANK'S PROPOSAL Blilakol_,rb .... Nancy D. Nuerenberll Senior Vice President Government Banking WAI-501-34-03 800 5th Avenue, 34thF1oor Seattle, WA 98104 Tel 206.358.6279 Fax 206.358.8818 nancy. d.nuerenber~bankciam erica.com. November 10, 2008 Mr. Bryant En ge Assistant City Manager and CFO City of Federal Wft./ 333258th Ave S PO Box 9718 Federal Way, W A 98063-9718 Re: $<1.100,000 Limited Tax General Obligation Bond, 2006 Dear Bryant: Bank of America N. A. is pleased to provide the attached proposal to extend the maturity date of the above referenced Bond The Bond proceeds were used to finance public projects, including property acquisition, demolition, planning, construction and refinancing (collectively, the .Project"). The extension of the Credit Facility will allow the CITY time for completion of the Project. The rates and terms for the extension are attached to this letter, as Exhibit A, Summary of Terms and Conditions. The terms and conditions are not all-inclusive, but generally describe the proposal offered to the City. The terms of this letter are confidential and, except for disclosure on a confidential basis to the accountants, attorneys and other professional advisors retained by the City in connection WITh the products and services therein or as may be required by law (including any public meeting or public disclosure law). may not be disclosed by the City or any of such advisers in whole or in part to any other person or entity without our prior written consent. We appreciate the opportunity to present you with this proposal. Please call me at (206)358-6279, or Tana Aardal at (206)358-8935, to discuss any questions or comments you may have. Sincerely, Bank of America, NA r7f/~ Nancy D. Nuerenberg, SVP Sr. Product Delivery Officer cc: Nancy Neraas, K&L Preston Gates Ellis LLP Alan Schulkin, Schulkin Law Tana Aardal, Bank of America Brennan Church, Bank of America A-I P:120978 _NMN\20978 _ 3AM 11/14/08 City of Federal Way November 10, 2008 Page 2 of 3 BORROWER: LENDER: CREDIT FACILITY: SECURITY: CLOSING DATE: MA TURlTY DA TE: INTEREST RATE: EXTENSION FEE: REPA YMENT: PREPA YMENT FEES: Banlsof_rica ... Exh ibit A Summary of Terms and Conditions (For Discussion Purposes Only) November 10, 2008 City of Federal Way, Washington (the. Borrower") Bank of America NA (.Bank.) $4,100,000 Limited Tax General Obligation Bond, Tax- Exempt Bank Qualified (the "Credit Facility). Limited Tax General Obligation of the Borrower. December 28, 2008. The maturity date of the Credit Facility shall be extended by one yearto December 28, 2009. A rate per year equal to a Fixed Rate which Is set for the full term ofthe Credit Facility. Final rate to be set based on then current market rates upon approval of the Bond Ordinance. An indicative fixed rate as of November 7,2008 is 3.35%. Interest is calculated on the basis of a 360-day year comprised of 30-day months. Borrower agrees to pay Bank an extension fee of $2,000. This fee shall be deemed fully earned and payable upon closing. Interest on the Credit Facility shall be payable quarterly, beginning April 1, 2009 and at maturity or upon early prepayment. Principal outstanding on the Credit Facility is payable in full on the Maturity Date. Borrower may prepay the Credit Facility in whole or in part prior to its scheduled Maturity Date by paying the principal amount thereofto be prepaid together with accrued interest to the date of prepayment. Any such prepayment may result in the imposition of a prepayment fee. The prepayment fee shall be in an amount sufficient to compensate Bank for any loss incurred by it as a result of the prepayment, as documented by the Bank, induding any loss arising from the liquidation or reemployment of funds obtained by it to maintain the funds used to purchase the Credit Facility orfrom fees payable to terminate the deposits from which such funds were obtained. For purposes of this paragraph, Bank shall be deemed to have funded the purchase of the Credit Facility by a matching deposit or other borrowing in the applicable interbank market, whether or not the Credit Facility was in fact so funded. In no case shall a prepayment fee apply if the Bank's internally derived cost offunds is higher A-2 P:\20978 _NMN\20978 _ 3AM 11/14/08 City of Federal Way November 10, 2008 Page 3 of 3 BIIkofAmer1c:8 .. EVENTS OF DEFAULT: on the date of prepayment than itwas on the date the fIXed rate of the Credit Facility was set. If there occurs any nonpayment of principal, interest, fees or other amounts lM1en due, the Bank may increase the interest rate by two percentage points. FINANCIAL REPORTING REQUIREMENTS: State Audit Report of the Borrower within 10 days of receipt from State auditor. Borrower's intemally prepared unaudited annual financial statement within seven months of its fiscal year end. Borrower's biennial budget, within 45 days of commencement of the new budget cycle. Borroll\€r will pay all reasonable costs and expenses assodated with the preparation and review of all documentation executed in connection with the Credit Facility, including Bank's attorneys' fees, whether or not the Credit Fadlity is closed; Borrower's outside legal counsel fees; and any other costs associated with documenting and closing the Credit Facility. EXPENSES: DOCUMENTA TION: Borroll\€r agrees to execute loan documents in a form and in substance satisfactory to Bank and its legal counsel, Alan Schulkin. Final loan documents may contain terms and conditions that are different from or in addition to those stated in this letter. ALL OTHER TERMS AND CONDI TlONS: No change to existing terms and conditions other than those described above. STA TUTORY DISCLOSURES: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, TO EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPA YMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. This Summary of Terms and Conditions does not constitute a corrmitment to lend by Bank of America or any of its affiliates and is presented for discussion purposes only. The actual terms and conditions upon which Bank of America may extend credit to Borrower is subject to satisfactory completion of due diligence, necessary credit approval and such other terms and conditions as determined by Bank of America, in its sole discretion. A-3 P:120978_NMNI20978 _ 3AM 11/14/08 COUNCIL MEETING DATE: November 18, 2008 ITEM #:. 8.a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2009 Property Tax Levy POLICY QUESTION: Should the City Council adopt the 2009 Property Tax Levy based on the proposed budget? COMMITTEE: NA MEETING DATE: Various CATEGORY: D Consent I:8J Ordinance D Public Hearing D City Council Business D Resolution D Other ~~~~_~!,QI!!_.!.!Y.;_I!!~!5:!.!I:~~?J:.~~ce..Q.i.~~~to~:1t-__._._..______.____._._.~.~!!: Finance _.____._ ATTACHMENTS: Draft 2009 Property Tax Levy Ordinance SUMMARY !BACKGROUND: The City Council held public hearings on November 4 and November 18 on the proposed 2009/10 Biennial Budget and 2009 proposed Property Tax Levy. The 2009 proposed Property Tax Levy is based on the 1 % increase limit plus new construction. Based on preliminary information from the King County Assessor, this would result in a decrease in the tax rate from $1.04 to approximately $0.97 per $1,000 of assessed valuation. STAFF RECOMMENDATION: Staff recommends Council approve the attached draft 2009 Property Tax Levy Ordinance. CITY MANAGER APPROVAL: N/A DIRECTOR ApPROVAL: N/A Committee Committee Council Council COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "] move the proposed ordinance to second reading and approval at the next regular meeting on December 2, 2008. " (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 # 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2009. WHEREAS, the City Council of the City of Federal Way has met and reviewed all revenue sources and examined all anticipated expenses and other obligations for the 2009/10 biennium; and WHEREAS the City Council, in the course of considering the biennium budget, conducted public hearings on November 4,2008, and November 18,2008 for the proposed property tax levy for 2009, and proposed revenues expenditures for the biennium; and WHEREAS the City Council, after hearing and duly considering all relevant evidence and testimony, determined that it is necessary and advisable to authorize an increase in regular property tax levy consistent with the limit factor prescribed by RCW 84.55.0101 to discharge the expected expense and obligations ofthe City; now, therefore, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. J&yy. There shall be and there is hereby levied against the property in the City of Federal Way, Washington, a municipal regular property tax for the year 2008 for the purposes of paying expenses and discharge obligations of the City in the amount of Nine Million, Three Hundred Dollars ($9,600,000). The levy amount includes (1) an increase in property tax revenue from the previous year of One Hundred Seventeen Thousand and Fifty-one Dollars ($117,051) or one point ORD# , PAGE 2 twenty-six percent (1.26%), (2) new construction and improvements to property, (3) any increase in the value of state assessed property, and (4) amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. ORD# , PAGE 3 Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2008. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\FIN\AlI Old Budgets\0708 budget\ordinance\2009 ptax leVY-'lenda bill.doc ORD# , PAGE 4