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FEDRAC PKT 11-25-2008 A Federal Way City Council . Finance/Economic Develo ment/Re lonal Affairs Committee Archive AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Kraus Action Page or ,Info 2 . Action " 7 AcUon 12/2IQ8Councl 26 Action 12/2If.lS' CouncI 29 Action I~Councl 34 Action 12/2108 Council 35 Action . 12/2/O! Counc::I 42 Action 1212108 CouncI 46 Action 12110108 COuncI 63 Action 12/2JfJ8 ~ 76 Action 12I2JOJ CouncI 118 Action 12I2I08C~ 136 Action 1212108 CouncI 148 Action '2/2108Counc:i 183 ' 'Action 12/2J(1J CouncIl N/A Action Topic TItle/Description A. Approval of Minutes: October 28, 2008 Meeting Presenter K. Roe Farmer B. 2009 Legislative Agenda C. 2009..2010 Lodging Tax Advisory Committee (LTAC) Biennial Budget Doherty D. RESOLUTION: Recognizing the New Insurance Carrier and Authorizing the City Manager, or Designee, to Settle Claims up to the Deductible ____M_ E. Purchase of Updated Aerial Imagery Richardson Sadri F. ORDINANCE: 2008 Housekeeping Budget Adjustment Kraus G. 'T-Mobile Site Lease Renewal- BPA Trail at 33200 and First Way South (Panther Lake) H. RESOLUTION: Directing a Final Reorganization of the Federal Way City Code . -...------------------- I. ORDINANCE: Addressing Amendments Relating To Business Regulations in the Federal Way City Code J. ORDINANCE: Addressing Amendments Relating To Civil Enforcement in the Federal Way City Code --. K. ORDINANCE: Addressing Amendments Relating To Definitions in the Federal Way City Code L. October 2008 Monthly Financial Report . Walls Walls Walls Walls Walls M. Vouchers Kraus N. SCORE Interlocal Agreement Follow up from October 28 meeting. Enge --.... - O. December 23, 2008 FEDRAC Meeting Cancellation FoUow up from October 28 meeting. Beets 4. OTHER 5. FUTURE AGENDA ITEMS A. Police Reserve Officers Discussion Follow up from October 28 meeting 6. NEXT MEETING: December 23, 2008 01 January 27,2008 depending on Committee action. COMMITTEE MEMBERS: Mike Park. Chair Oini Duclos Eric Faison ~ Sf....- Bryant Enge. Assistant City Manager/CFO . Krystal Roe. Deputy city Clerk 253.835.254 t ,.1(: \FEDRAC\:2008\l1- 2008\ 11-25- 200S FEORAC Agenda.doc ~ Federal Way City Council Finance/Economic Development/Regional Affairs Committee Tuesday, October 28, 2008 City Hall 5:30 p.m. Hylebos Conference Room MEETING SUMMARY Committee Members in Attendance: Committee Chair Park, Committee Member Faison and Committee Member Duclos Councilmembers in Attendance: Council member Burbidge and Councilmember Kochmar. staff Members in Attendance: City Manager Neal Beets, Assistant City Manager Bryant Enge, Police Chief Brian Wilson, Deputy City Attorney Aaron Walls, Finance Director Tho Kraus, and Deputy City Clerk Krystal Roe. 1. CALL TO ORDER: 5:32 P.M. 2. PUBLIC COMMENT: None. 3. COMMITIEE BUSINESS Topic Title/Description A. Approval of Minutes: September 23, 2008 Meeting Motion second and carried to approve the minutes as presented (carried 3-0). B. Monthly Financial Report Ms. Kraus presented her staff report. The committee discussed Streamlined Sales Tax (SST) data reporting and whether or not the City will prove to receive benefit or injury based on the new sales tax allocation structure. Once more information is received from the state, we'll be in a better position to understand the benefits or disadvantages of SST. Chair Park remarked he's spoken with leaders in Aubum and Kent; they are not seeing a benefit from SST. He further noted if the City is shown to have benefited from the SST changes, the sales tax revenues will actually be even lower than currently reported with SST funds bringing the figures higher than they otherwise would have been. Councilmember Kochmar remarked on potential automobile dealership c1osings/restructurings and the impact those changes will have on the City's finances. Chief Wilson clarified that if Pacific Coast Ford loses its new vehicle dealership and moves to used-car only inventory, the City would continue to use them for the contracted vehicle maintenance but would need to have 2 Forward to Council N/A 11.4.2008 Consent FEDRAC Meeting Summary October 28, 2008 - Page 2 of 5 warranty service conducted by a dealership. Mr. Beets remarked that our Police vehicle fleet is made up of both Ford and Dodge vehicles. Ms. Kraus distributed a new Proposition 1 report with all Proposition 1 revenues, expenditures and earmarked fund balances in one table. The report showed all Proposition 1 funds had been removed from the General Fund and Designated Fund Summaries. Ms. Kraus stated with Committee approval, they would begin reporting this way for future reports. The Committee concurred they were in support of the new format. Committee Member Faison inquired about the accuracy of the totals in the middle table on page 10; they appear to be incorrect. After reviewing the numbers Ms. Kraus agreed they appear to not have been totaled correctly and she will be sure the report is amended when it's submitted to the full Council on November 4. Committee Member Duclos inquired if Chief Wilson has budgeted enough overtime for the 2009/2010 budget based on potential rising crime rates as a result of the economic difficulties. Chief Wilson replied he has increased his department's overtime budget to nearly $800,000 for the two-year cycle. His department continues to work very hard to get full staffing levels in place and to restructure some shift assignments, schedules and work assignments so they are as efficient as possible. He noted the difficulty comes when major crimes occur in the city outside of somewhat predictable standard crime rates. However, he stressed it is his intent is to stay within the budget for overtime. He also remarked that although overtime rates may have been over budget previously, those expenditures were offset by salary cost savings from reduced staffing levels. Ms. Kraus remarked she will follow-up at the next FEDRAC meeting with more information on how past overtime expenses were budgeted. Committee Member Faison inquired if the City could budget overtime using Proposition 1 funds as the expense falls under increased public safety instead of hiring additional officers which the City may later be unable to retain when budgets are short. Chief Wilson replied it is possible although he would prefer staying within the overtime budget while increasing staffing levels to their budgeted rates. Mr. Beets replied that the budget meeting on Thursday, October 30 will be discussed in greater depth. Committee Member Faison stated he would prefer overtime funding come out of Proposition 1 funds rather than the General Fund. Chair Park asked Chief Wilson to consider using Police Reserve Officers and to research the pros and cons of such and report back at the next FEDRAC meeting. Committee Member Duclos inquired if a cap has been set on the amount the City will continue to subsidize for the Federal Way Community Center (FWCC). Chair Park suggested the possibility of discussing the topic during the Council Retreat in January. 3 FEDRAC Meeting Summary October 28. 2008 - Page 3 of 5 Committee Member Faison asked that the phrase "subsidy" be changed to more accurately describe the role and purpose of the Community Center funding. Ms. Kraus will make the change in future Monthly Rnancial Reports. Ms. Kraus distributed three pages with altered reporting formats for the Committee's consideration. She highlighted the benefits of the changes and asked the Committee's opinion on using the format in Monthly Rnancial Reports in the future. The Committee concurred that the changes are beneficial and should be incorporated. Mr. Beets stated $1 .2 million in Proposition 1 revenue has not been allocated in the 2009/20 10 budget at this time; it is set aside completely in the next cycle. Further discussion regarding these funds will take place in the budget hearings in October and November. Motion second and carried to approve the Monthly Rnancial Report as amended/corrected (carried 3-0). C. Vouchers Ms. Kraus highlighted the report has been revised to provide greater detail in an easier-to-read format which now gives information on credit card usage. She also remarked the format has reduced the number of pages previously generated when reporting vouchers. Motion second and carried to approve the vouchers as presented (carried 3- 0). D. Draft SCORE Interlocal Agreement Discussion Mr. Enge distributed a summary outlining his staff report. He noted he has spoken with other SCORE committee members to get an understanding of the costs associated with this proposed agreement. He has successfully negotiated one vote per City rather than the previous proposal to provide cities with voting status based on capital investment, usage, etc. He also clarified the future draft agreement will contain language preventing the smaller cities from having a greater influence over the other two large cities. Although the language has not yet been finalized, the idea would be to prohibit the minor cities from taking action unless one of the major cities (Auburn or Renton) agreed with the action. Committee Member Faison inquired how the City would terminate its partnership with the facility. Mr. Enge reported the City would be responsible for fulfilling its financial obligation to the facility and would leave its assets behind with the facility. Chair Park remarked it seems to be very similar to the Valley Com agreement structure. The Committee concurred they were in favor of this agreement structure. Mr. Enge further reported the higher initial capital investment by Federal Way will result in higher on-going costs; they are proportionate to each other. He further clarified the total annual cost is unknown at this time which is why his report provides three scenarios for planning: Best Case, Most Ukely and Worst Case. He noted the 8-year increase of jail costs under the SCORE facility would likely be nearly 12% while staying with King County would mean in increase of more than 30%. Using these figures, Mr. Enge estimated the City would break even in 2017. 4 1 1 .4 .2008 Consent 11.4.2008 Consent FEDRAC Meeting Summary October 28, 2008 - Page 4 of 5 Mr. Enge also reported the reason his report shows much higher costs in 2011 and 2012 is because the City will have double expenses during this time frame. Specifically, the City will be preparing to transition its inmate population (including hiring new staff) while at the same time paying for its current jail contract. Some overlap will exist during these two years. The Committee and Council may consider using Proposition 1 funds to support these costs as they too fall under improved public safety. On page 65, the figure of $970,296 in 2012 would come from capital funds; not general. It was discussed that a potential funding source would be from Real Estate Excise Taxes (REET). Mr. Enge reiterated the numbers are preliminary and are likely to change. For now, it is estimated construction costs will be $80 million (in 20 10 numbers) for the facility only. A figure of upwards of $5 million could be expected for start- up costs. Of that $5 million, approximately $8OO,QCX) could come from the abandoned east-side jail project. Financing for start-up costs have not yet been determined - the SCORE committee members are still discussing options. It was further stressed that a s sense of urgency exists for two reasons. The first is because inflation will drive up the total expense of the project to greater than $80 million. The second is King County's ability to penalize the City for not meeting the termination date of the contract which ends in 2013. The County can back-charge the City 400% of its contract rate to 2010 if the inmate population remains in their facilities. Mr. Beets remarked that he and Chief Wilson have had very good discussions with the City of Kent for a possible contingency plan should the SCORE facility not go forward or if it is not completed in time to avoid penalties from King County. If the Committee wants to continue considering the SCORE facility, the City must contribute 18% of the $100,(X)()+ feasibility research fees for the project (approximately $18,(00). Chair Park asked if proper notice had been given that action would be required for this issue. Ms. Roe replied adequate notice had been given yesterday moming by changing the City's Weekly Meeting calendar, re- posting a revised agenda, and sending both notices through the City's e- subscribe system. The Committee next discussed funding options for the project. Mr. Enge answered the current plan calls for one of the other City's to be the lead funding agency. The other cities would be obligated to reimburse the funding City for their portions of the facility. Committee Member Faison inquired if it would be possible for each City to fund the project separately to take advantage of funding mechanism most advantageous to them. Doing so would also make it easier for a City to terminate it's partnership at a later date if so desired. Mr. Enge replied he will bring the idea back to the SCORE committee and noted the option certainly has merits. He will report back at the next FEDRAC meeting after speaking with the other agencies at their November meeting. Committee Member Faison also remarked that by individual up-front funding, the partnership would not be left with an outstanding debt should a city be unable to continue paying its obligation (such as a bankruptcy). 5 FEDRAC Meeting Summary October 28. 2008 - Page 5 of 5 Mr. Enge summarized his understanding of the Committee's questions and committed to following up at the November FEDRAC meeting with the following: 1 . The option for cities to individually fund their obligation to the partnership. 2. The repercussions of a partner city that is unable to fulfill its debt to the partnership, such as in a bankruptcy scenario. 3. Whether the banks are likely to use the credit rating of the one, lower- ranked agency or if the bank would use the collective higher credit ranking of the other project partners to determine loans. Motion second and carried to forward approval of funding the feasibility activities at 18% for the proposed SCORE Interlocal agreement (carried 3 - 0). 4. OTHER A. Committee Member Duclos noted she had heard at a recent South Sound Chambers meeting King County may be asking the legislature to allow them to charge a city-wide utility tax (to include a tax on city residents). The Committee discussed that the Association of Washington Cities and the Suburban Cities Association have both come out strongly opposing this proposal. However. the Association of Washington Cities has expressed interest in exploring negotiations with the County to receive a benefit in exchange for supporting the County's request. B. Mr. Beets noted the December FEDRAC meeting is currently scheduled for the 23rd; he inquired about the Committee's interest in rescheduling or cancelling the meeting due to the close proximity of the holiday. The Committee asked Ms. Roe to place the item on the November agenda for possible action to cancel/reschedule. 5. FUTURE AGENDA ITEMS: A. Ms. Kraus will provide information on police overtime expenditures. B. Chief Wilson will report back to the Committee regarding the pros and cons of utilizing police reserve officers. C. Mr. Enge will report back to the Committee regarding his discussions with the SCORE facility committee members. D. Canceling/rescheduling the December 23,2008 FEDRAC meeting. 6. NEXT MEETING: Tuesday, November 25, 2008 @ 5:30 p.m. Meeting was adjourned at 6:50 p.m. Attest: Krystal Roe, Deputy City Clerk COMMITTEE APPROVAL: Mike Park Committee Chair Dini Duclos Committee Member Eric Faison Committee Member 6 COUNCIL MEETING DA TE: ~rrblv &J ZtXft; ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2009 LEGIS LA TIVE AGENDA POLICY QUESTION: SHOULD THE CITY COUNCIL ADOPT A 2009 LEGISLATIVE AGENDA? COMMITTEE: FEDRAC MEETING DATE: 11.25.08 CATEGORY: X Consent D City Council Business D Ordinance o Resolution o D Public Hearing Other __._~._.____..___._.~.__.__....___..___.._...._...._...__.........___.__...........___________.._._.M__..______,.____....._..., ......_.___...___.__.._._._._..___._.__...._____._....__.--..--.~..._.-.-.....-.-...-._---.-.--------.- STAFF REpORT By: Linda Fanner DEPT: City Manager Background: The 2009 Legislative Agenda emphasizes issues that are important to the City and that are likely to arise before the Washington State Legislature in 2009. Linda Fanner and City lobbyist Doug Levy will make an oral presentation at FEDRAC. Attachments: . 2009 Draft Legislative Agenda . A we Washington Infrastructure Brochure Options Considered: 1. Approve the Draft 2009 Legislative Agenda 2. Direct staff to bring changes to the Agenda to the Dec. 2 Council meeting ..._....___.__..______._____....._.__.___________..._......_........_...._.._........__.....___..____.__...._____________._.__....____...._____.._._........._._.........._.._.__._________._.~...___.____.__.....H._.....____._.__..___.___..._....._......._..__.___._.___ STAFF RECOMMENDATION: Option 1 CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Council Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "[ move approval of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 7 ~~ Federal Way 2009 LEGISLATIVE AGENDA CITY COUNCIL Jack Dovey, Mayor Eric Faison, Deputy Mayor Jeanne Burbidge Dini Duclos Jim Ferrell Linda Kochmar Michael Park CITY ADMINISTRATION Neal Beets, City Manager Linda Farmer, Communications and Government Affairs Manager 8 Table of Contents About the City's Legislative Agenda Top Priorities Support/Oppose Policy Positions Appendix A: Washington's Infrastructure Crisis Appendix B: A WC Legislative Priorities x X X X Not included** About the City of Federal Way 2009 Legislative Agenda The City of Federal Way's 2009 Legislative Agenda reflects the City's position on matters expected to arise either as legislation or through the State budget process, or both. The City's level of involvement can be broken down into two categories: Top Priorities. The City plans to actively involve itself in advocating for or against a given legislative/budget provision. Support/Oppose Policy Positions. The City has chosen to join others in either supporting or opposing these legislativ~/budget issues. An asterisk (*) indicates that Federal Way's position is consistent with the Association of Washington Cities. For More Information For more information about the City's 2009 Legislative Agenda, contact Linda Farmer, APR, Communications and Government Affairs Manager, 253.835.2411 or linda.farmer@cityoffederalway.com. **AWC is slated to adopt its 2009 Legislative Priorities on Nov. 21, 2008 9 Top Priorities 1. Funding for Performing Arts Center 2. State assault statute change for look-alike guns 3. Funding for seaweed cleanup at Dumas Bay 4. Affordable housing 5. New infrastructure funding for local government 6. Continuing state transportation needs 1. Funding for a new Performing Arts Center Federal Way is pursuing funding for a 700-seat Performing Arts Center that will drive economic development in its downtown. Background: For nearly two decades, there has been a strong grass-roots interest in a new performing arts center (PAC). In addition, the PAC is a cornerstone of the City's downtown redevelopment strategy. A feasibility study showed that a 500-to-700-seat performing arts center in the downtown - combined with conference and hotel facilities - is viable and sustainable. Several sites are being evaluated and the grass-roots community commissioned the Collins Group to complete a fundraising feasibility study that should be complete in April 2009. Thanks to the leadership of its 30th District legislators, the State has already provided $500,000 toward pre-construction design of the PAC. Session specifics: The City will actively pursue PAC funding on three fronts: 1. Ongoing funding distribution (preferably direct) from the King County Local Financing Options Task Force recommendations. 2. Earmarked funding of up to $5M in the 2009-11 Capital Budget under "Local/Community Projects" 3. Ensuring that a $325,000 funding recommendation through the Building for the Arts program is held intact during budget deliberations. 2. Changing the State assault statute for look-alike guns Federal Way is pursuing a change to state law that allows a second-degree assault charge in cases where a look-alike gun is used to threaten a police officer in criminal incidents. Background: In May 2008, a Federal Way police officer in pursuit of a vehicle prowler saw the suspect pull out a pistol, point it at the officer, and demand the officer stop chasing him. The officer, fearing for his life, drew his pistol and fired two shots that missed the suspect. After a standoff ensued and the prowler was taken into custody, police discovered the "gun" was an air-soft pistol and not a real one. Yet the officer involved in the chase had no way of knowing that. Session specifics: 30th District legislators will be sponsoring the legislation which has the support and! or endorsement of the Washington Association of Sheriffs and Police Chiefs (W ASPC), the Washington Association of Prosecuting Attorneys (W APA), and the AWC. 10 3. Funding for seaweed cleanup at Dumas Bay Federal Way will actively pursue creation of a dedicated and reliable funding source for beach and bay-area cleanups, as well as funding to address underlying causes of excessive seaweed growth. Background: During the 2008 Session, Federal Way successfully worked with area lawmakers to secure passage of legislation that allows for creation of "Beach Management Districts" (E2SHB 3186) to help finance beach and bay-area cleanups. In Feder~l Way's case, the BMD would be used to help with cleanup of sea lettuce, a type of seaweed, that periodically grows in an uncontrollable manner on Dumas Bay. The seaweed blooms smother sea life, emit a noxious odor and may pose a human health hazard. As part of the BMD legislation, specific funding for Dumas Bay cleanup efforts were approved by the Legislature but vetoed by the Governor. Still, the City believes progress has been made, particularly with an Ecology-led pilot cleanup of Dumas Bay in late 2008. 4. Affordable housing* Federal Way will actively work with the A WC and others to provide funding and tools to address affordable housing. Background: Affordable work force housing and readily-available low-income housing continue to be major challenges in South King County and throughout the Central Puget Sound. Federal Way actively worked on this issue in 2008 as welL Session specifics: . Secure a revised "Housing for Everyone Tool" that the City of Seattle and others have worked on using a tax-increment financing approach to build housing in combination with new infrastructure, retail, and mixed-use centers, . Protect existing funding for the Housing Trust Fund in the Capital Btidget . Secure state tax credits for employers who provide assistance or vouchers to employees for housing purchase and rentals, . Continue Rapid Response loan and grant programs to keep mobile home parks from being converted to other uses, . Allow cities to waive SEP A requirements for low-income housing projects, . Potential funding package for Transit-Oriented Development (TOD) projects that accommodate housing, . Pursue other assistance programs for housing such as the "THOR" program. 5. New infrastructure funding for local government* Federal Way continues to be involved in an effort by cities, the A WC and others to look for new funding and improvements in the state's programs for assisting with local infrastructure. Background: A "Washington's Infrastructure Crisis" brochure just published by A WC (see Appendix B) documents the growing backlog of needs across roads and streets, water, sewer, storm water, parks and open space, and provides a series of options to 11 address it. Additionally, in order to fulfill the goals of Puget Sound cleanup and restoration, compact development in urban centers, Vehicle Miles Traveled reductions, and climate change, the state will need to provide local jurisdictions with infrastructure funding and funding tools. 6. Continuing state transportation needs* Federal Way urges state lawmakers to recognize that significant needs remain in terms of investing in the state transportation system, both roads and transit. Background: Voter approval of the 2008 "Mass Transit NOW" package will help extend light rail south to Federal Way City limits (272nd Street) and will beef up regional bus and commuter rail service, but much more remains to be done in terms of road improvements, transit, and maintenance and operation of local systems. Looking ahead to 2009, Federal Way recognizes that major deficits in the state transportation budget will preclude the Legislature from adding new funding for state transportation projects. Session specifics: Federal Way urges legislators to protect all current funding for important transportation projects, especially the I-5/SR-18/SR-161 "Triangle Interchange," as well as I-5/SR-509 and the I-5/272nd Street interchange. Additionally, the City will support new local-option tools such as a "Street Utility" for local road needs and M&O, as well as funding requests for transit and Commute Trip Reduction. Support/Oppose Policy Positions CRIMINAL JUSTICE Protect criminal justice, law enforcement, and courts funding SUPPORT. Federal Way will work closely with other local agencies, law enforcement organizations, and courts organizations to protect operating budget funding for key criminal justice, law enforcement, and courts priorities. These include municipal criminal justice, auto theft prevention, law enforcement academy funding, and court interpreters. Increase the monetary threshold for which property crimes are a misdemeanor vis-a-vis felony SUPPORT. Federal Way strongly supports likely A WC efforts to ensure that funding is part of the equation if cities and municipal courts take increased case loads as a result of this statutory change. Local-option authority to impound vehicles of those who solicit prostitutes SUPPORT. The City of Kent is expected to bring forward 2009 legislation that provides police with a local-option tool to impound vehicles used by customers of prostitutes, particularly under-aged prostitutes. Extending 9-1-1 taxes to "Voice Over Internet Protocol" providers SUPPORT. Federal Way will support this legislation to be promoted by law enforcement and regional dispatch providers. Gangs Prevention Funding SUPPORT. Federal Way will support efforts to enhance funding for gangs intervention - specifically any efforts to add funding for prevention. 12 Registered Sex Offenders SUPPORT. If legislation arises in 2009 to require the Department of Corrections to more consciously factor individual neighborhood over-concentration into its decision on released RSO address approvals, Federal Way will support it. Protecting privacy of rank-and-file police officers SUPPORT. Federal Way will support legislation to better ensure this, if it is brought forth. Funding for medical costs incurred by jail offenders SUPPORT. Federal Way will support efforts by A WC and others to obtain state funding assistance. Jury Pay SUPPORT. Ifthe District and Municipal Court ludges' Association brings forth 2009 legislation to enhance jury pay, Federal Way will support it. Requiring municipal courts to take on AHOs and DVPOs OPPOSE. If legislation arises to turn this local-discretion authority into a requirement for Municipal Courts, Federal Way will join others in opposing it. ECONOMIC DEVELOPMENT & INFRASTRUCTURE Infrastructure programs that support cities, feed economic development efforts SUPPORT. As part of its active work in the infrastructure arena, Federal Way also will strongly support funding and reauthorization efforts for the following: . Municipal Stonnwater . Local Infrastructure Financing Tool (LIFT) program reauthorization and elimination of the one- per-county limitation . Brownfield cleanup funding . Puget Sound Partnership cleanup/restoration "early action" projects . Vehicle Miles Traveled reduction goals, compact development, Transit-Oriented Development, etc. FIRE PREVENTION AND EMERGENCY SERVICES/HAZMA T Impact fee authority for cities served by fire districts NOT OPPOSE. Current state law allows most cities to charge GMA impact fees for fire service capital facilities. However, that authority does not extend to some 39 cities served by fire districts. In 2008, the Legislature attempted to remedy this with OB 2110, which passed the House and advanced to Senate Rules. Advocates ofHB 2110 will be bringing similar legislation forward in 2009, and Federal Way will not oppose this effort. FISCAL ISSUES Unfunded mandates, legislation that erodes local authority, and/or legislation that erodes local tax revenue OPPOSE. This is an annual staple of the City's legislative agenda. Countywide utility tax authority OPPOSE. If King County or the Washington State Association of Counties promotes legislation to establish countywide utility tax authority in state statute, Federal Way will join numerous other municipalities and the A WC in opposing that. A countywide utility tax would result in a "double tax" on 13 city residents who already pay this tax. (Federal Way will remain neutral on proposals that involve new utility tax authority for counties in unincorporated areas only.) Clarifying authority for the state and cities to impose a brokered natural gas tax SUPPORT. Federal Way will join the Department of Revenue, AWC, and other cities in supporting this effort to clarify authority in the wake of a recent adverse State Supreme Court decision. Protect Operating and Capital Budget funding for cities and local governments SUPPORT. While the state's Operating and Capital budgets do not impact cities and local governments as directly as they do schools, Federal Way will nonetheless join with A WC and others in strongly supporting efforts to hold intact funding for programs where the state partners up with cities and local governments. This includes everything from Streamlined Sales Tax mitigation funding to shoreline update grants to Model Toxics Control Act (MTCA) grants to the sales tax credit incentive for large-scale annexations. Restrict business license authority OPPOSE. The Washington State Retailers Association is expected to advance 2009 legislation to restrict cities' authority to impose business license fees. Federal Way will join A WC and others in opposing this local pre-emption effort. Removing "non-supplanting" provisions in state statute SUPPORT. Cities and counties may be teaming up in 2009 to recommend areas of state law where the Legislature can give local governments more flexibility in expending funds, and thus remove restrictive "non-supplanting" provisions in statute. Federal Way will support these efforts, provided they do not involve changes in the way funds are expended from any voter-approved measures already on the books. ENVIRONMENTAL ISSUES Puget Sound Partnership, Climate Change, Green Building, etc. SUPPORT. Federal Way is prepared to support initiatives for early-action funding, infrastructure funding, and tax incentives involving environmental issues such as Puget Sound cleanup and restoration, compact development and transit-oriented development in urban centers, "Green Building," and reduction of Vehicle Miles Traveled (VMT). Expand electronic wastes recycling statute SUPPORT. Federal Way supports any effort to add things such as latex paint, pesticides and mercury products to the list of those for which specific recycling requirements are imposed. GMAlHOUSING/ANNEXA TION/LAND USE AND PERMITTING SEPA SUPPORT. The City is supportive of any efforts to streamline duplicative processes between SEPA and substantive building, subdivision, and other codes. Federal Way will support legislation in these areas and may initiative draft language on the issue ofSEPA impacts to neighboring jurisdictions. Buildable lands OPPOSE. In recent years, the Washington Association of Realtors has promoted legislation to require "no net loss of density" for buildable lands within urban growth areas. The legislation typically requires local governments to do more - more data collection, more measuring of the land supply in their countywide planning policies - without more funding. If such legislation arises in 2009, Federal Way will join the A WC, other cities, counties and others in opposing it. Requiring consistent development standards in PAAs or UGAs SUPPORT. The A WC may well promote legislation in 2009 to require that counties have development standards in Potential Annexation Areas or Urban Growth Areas that are consistent with those in place for 14 neighboring cities. Absent the more direct legislation, a 2009 initiative may also require that counties engage in a higher level of joint planning with respect to these areas. Federal Way will support either type of legislative initiative. Annexation Tools SUPPORT. Federal Way will support the extension of the state sales tax credit mechanism in SSB 6686, Laws of2006, as well as other initiatives by A we and local jurisdictions to expand and enhance annexation tools for cities. Making GMA update cycles more consistent with federal census updates SUPPORT. eurrent law requires that GMA comprehensive plans be updated at least once every seven years. The updates are dependent on accurate population and census data - and yet census numbers are updated only once every 10 years. Planning Directors, A we, and others may advance 2009 legislation to better "harmonize" the timing of these and other required updates. If such legislation is advanced, Federal Way will be prepared to support it. local Zoning Control over Location of Mini-Casinos SUPPORT. Federal Way will support legislation to explicitly clarify cities' authority to zone the location of mini-casinos, to grandfather in mini-casinos brought into a city through annexation, and to grandfather in existing zoning restrictions. Urban Forestry SUPPORT. There may be 2009 legislation providing cities with funding incentives for enhanced urban forestry. Imposing development standards in areas outside city limits where municipal water and sewer service is provided SUPPORT. The City of Gig Harbor is likely to advance 2009 legislation to clarify this authority. HUMAN AND SOCIAL SERVICES Full funding of 2-1-1 system SUPPORT. Continued efforts to obtain state funds to help fully fund the new 2-1-1 emergency communications system to help seniors, the disabled, and vulnerable populations within Washington State access social services. Public Health funding SUPPORT. Ensure a reliable and ongoing state revenue source for Public Health. lEOFF/PERS/EMPlOYEE SERVICES ISSUES LEOFF 2 enhancement OPPOSE. If groups representing police and firefighters bring forward legislation that enhances LEOFF 2 system benefits and thus impacts cities' costs, Federal Way will join A we in urging legislators to hold the line on such benefit costs. Federal Way values its employees, but does have cost concerns regarding LEOFF 2 enhancements on top of a series of LEOFF 2 and PERS rate increases that already have occurred in recent years. F edera/ Way will work through A we in this area. "Presumptive Disease" for police OPPOSE. Existing state law provides workers' compensation benefits for firefighters, and families of frrefighters, if their disease is presumed to have occurred as a result ofthe inherently dangerous conditions they faced during their terms of employment. This is defined narrowly within state law. In 2009, organizations representing rank-and-file police officers may bring forward a "presumptive disease" 15 legislative proposals. This presents cost impacts and concerns for Federal Way. The eity will work through A we in this area. MISCELLANEOUS GENERAL GOVERNMENT Protecting bidding laws and contracting authority OPPOSE. It is rare for a session in Olympia to go by without some group putting a bill in front of the Legislature to add new requirements to bidding, or to make it more difficult to reject all bids, or to change notice provisions and claim rules for contractors. Federal Way will join other local governments in working to protect local government authority in contracting and bidding laws. Requiring that all Executive Sessions be tape-recorded OPPOSE. Key legislators are likely to re-introduce the required taping of local executive sessions - at least under certain conditions. Federal Way will oppose, but will work through A WC. Permanent revenue stream for "4Culture" SUPPORT. Assuming this recommendation is included in those advanced by a King County Local Financing Options Task Force that worked over the interim, Federal Way will support legislation to ensure a permanent, ongoing revenue stream for King County "4Culture." Public records requests OPPOSE. Over the last several years, the Legislature has wrestled with how broadly "attorney-client privilege" can be cited in exempting local agencies from public records requests - along with considering several other matters related to the Public Disclosure Act. 2009 is expected to be no different. An additional wrinkle for 2009 is that some local agencies may request relief in terms of being able to recover the mounting costs of retrieving public records either by paper or electronically. Federal Way will work through the A we on this issue. Expansion of wrongful death and injury claims OPPOSE. Legislation to expand wrongful death and injury claims against local agencies and the private sector narrowly failed in 2008, and is expected to be re-introduced in 2009. Federal Way will work through the A we on this issue. PARKS AND RECREATION Camp Kilworth SUPPORT. Depending on the outcome ofa pending court case challenging the Boy Scout Council of America's sale of the Camp Kilworth property to the City, Federal Way may need to work with its 30th District legislators to re-appropriate 2007-09 Capital Budget funding toward this purchase. Gender Equity Reporting Requirements OPPOSE. Federal Way will support efforts to ensure equity for all genders, races, and religions in the use of local playing fields and in who may participate in local parks programs. However, the City will join others in opposing costly "gender equity" measures modeled on the unsuccessful 2008 legislation. TELECOMMUNICATIONS Statewide franchise fee authority OPPOSE. In 2007 and 2008, Qwest approached the Legislature, seeking enactment of a statewide franchising structure for cable and video services. Had the legislation succeeded, it would have pre-empted local franchising authority that guides cable service in Federal Way and other local markets around the state. Qwest and possibly others will be back with this legislative proposal in 2009. Ifso, Federal Way will join A WC in strongly opposing this attack on local controL 16 TRANSPORT A TIONITRANSIT TransitlCTR funding SUPPORT. In 2009, transit agencies will recommend that the state be more of a partner in funding local transit if it wishes to provide more viable alternatives to single-occupancy-vehicle modes of travel. Federal Way supports enhanced state funding for transit, and for the successful Commute Trip Reduction (CTR) program. Permission for motorcycles to turn left at inoperable traffic signals OPPOSE. Federal Way will join the Washington State Patrol, the A WC, and others in opposing this type of legislation. WATER ISTORMWATER Water-sewer district assumptions OPPOSE. Federal Way joins A we and other cities in opposing changes to state law that add hurdles to the "assumption" of water-sewer districts by city water utilities. However, there may be a trade-off solution to this perennially-debated topic, one which would subject "assumptions" to voter-approval requirements if, in return, cities are provided new authority to impose a utility tax on water-sewer service provided inside their corporate boundaries by water-sewer districts. An inequity exists now in that water or sewer service provided by a city utility inside the corporate boundaries is currently subject to the utility tax, but water or sewer service provided by a district inside the corporate boundaries is not. Federal Way will oppose efforts to undermine cities' authority, and will track the trade-off discussion as it arises. 17 All Cities Are Affected, Regardless of Size or Location · All cities, regardless of size, identify infrastructure as a key to economic development. Good infrastructure shows confidence in our cities and signals the business community to invest in Washington. · Newly incorporated and annexed cities need major infrastructure investments to meet urban standards. · Larger economic centers need major infrastructure improvements to accommodate new economic growth, density, affordable housing, congestion relief, and freight mobility - requiring a level of investment that Local resources alone cannot meet. · Smaller communities lack economies of scale, and often struggle to provide utility services at an affordable rate. · In a 2008 AWC State of the Cities research document, 65 percent of city officials indicate that state and federal mandates contribute to a city's need for sewer/wastewater new construction and improvements. Mandates continue to double and triple infrastructure costs IR Mandate Typical City Infrastructure Costs Today City streets are more than pavement. $250,000/ mile + ADA compliance ."'''''"'',..''<.'''''.',,'.r'r''~.''...~".TEtEcoMMI1NilcAfi'ONS $4, 500,0001 mile Street - $6,OOO,OOO/mile $1,OOO,OOO/mile $700,OOO/mile + Phase II monitoring ... {W . $450,000 Illumination/ Signalization .. Purchase R.O.W. $1,300,OOO/mile Plus ongoing maintenance, pre!Te'rvation and operating costs. 3 Aging Infrastructure Jeopardizes Washington's Some of our city stories... Burien faces $45M in unfunded street surface water management and pedestrian/bicycle safety projects. This doesn't include implementation costs for the NPDES phase II permit requirements. Kirkland's committed to meeting its GMA population and employment targets. Its citizens and council believe it is essential to provide walking, biking, transit and vehicle options. Sources like TIB's urban connections, arterials, and sidewalk programs are a key part of the long-range funding strategy for those critical facilities. Yet for every eight city dollars requested, typically only one state dollar is available. Seattle has 480 miles of streets with no sidewalks, endangering the safety of pedestrians. Sidewalks are the threads that physically weave neighborhoods together. Without them, neighborhoods lose touch with the greater community around them. Over $1 billion is needed to fill in Seattle's missing sidewalks. Puyallup, Tacoma, and University Place each requested $1 million in LIFT awards, yet the state limits this authority to one per county and only $2.5 million is available statewide. Six other applicants in the state also have LIFT proposals. Bellevue is creating one of the largest new mixed use, transit oriented, development opportunities in the state in part to respond to GMAand climate change goals. To make the vision a reality, this area alone requires over $500 million in local infrastructure investments for arterial streets, bicycle and pedestrian facilities, parks, open space and utilities. State infrastructure assistance could help jump start the projects and generate new revenues to the state. Renton's population grew from 52,000 to over 80,000 with recent annexations. The city's capital costs are skyrocketing as it inherits infrastructure-defi cien t facilities, especially drainage- and storm water- related. When city crews inspected a storm water line in the ffEarlington Annexation" area to be annexed this year, they found a sinkhole in the roadway and rotted and collapsing culverts that will take hundreds of thousands of dollars to repair. Everett, with the second-largest municipal water utility in the state, has over $500 million in water, sewer, and stormwater-related infrastructure needs over the next decade. Ratepayers can't possibly finance these capital upgrades, leaving the city highly-dependent on state low-interest and revolving loan programs that are severely over-subscribed. Hoquiam needs approximately $40M to replace its sewer treatment plant. Its citizens will face a $200 monthly bill for this service alone unless direct state funding assistance is provided. Hoquiam also faces another $30-40M to replace a 7 mile water transmission main and failing sewer force mains, and make critical repairs . to its potable water sources. Richland has a large portion of their sewer collection system that is 60 to 70 years old, making it very likely that much of the system is headed for failure at the same time. Port Angeles is required to construct a new water filter plant to meet water quality standards alhough water quality hasn't changed over the past 30 years. The city also must spend $35M over seven years to reduce combined sewer overflow events. Replacement of aging infrastructure is being deferred because of these mandates. 21 4 Economy, Quality of Life Walla Walla struggles to meet Clean Water Act regulations. In 1996 they had a $16 million upgrade to construct an ozone purifying system to remove cryptosporidium from the drinking water, without even having a documented case. Fifty- eight percent of the city's current user rate revenue is now dedicated to debt repayment. Wenatchee's 2005 street preservation plan required $1.5M in annual investments, with only $500,000 in dedicated REET revenues. In 2008, soaring costs now require $3M in annual investments and the REET has plummeted. The city also requires major sewer system upgrades to accommodate its growing population and storm water system investments to meet NPDES Phase II requirements. Spokane area voters stepped up to fund their interoperability needs by passing a 1 /10% sales tax for radio towers, communications equipment, and 911 upgrades. Now the state government needs to do its part and make up the difference to help keep our communities safe. Longview needs approximately $60 million to provide a new water supply source, abandon a sewer lagoon treatment facility and divert the flow to a regional treatment facility. Although qualified, the city didn't receive a Public Works Trust Fund loan. Now the city can't wait. It will use traditional bond financing, resulting in increased rates for its citizens. Vancouver continues to look for an ongoing revenue source for its aging transportation system. Several years ago, a city transportation funding task force determined the city needed $14M annually to sustain 20-year growth projections and preserve the existing system. With inflation and rising construction costs, that figure is now approximately $20M. 22 Yakima, the regional center of Central Washington, spends about 60% of its budget for public health and safety, leaving only $25 million for all capital improvements in a $179 million budget. Transportation investments alone face a $75 million backlog, in addition to a $2 million street maintenance gap. Lacey, for two decades, made infrastructure development and maintenance one of its highest municipal priorities. Yet, over the next 20 years, the city faces an overwhelming $250 million in infrastructure costs. And when cities receive infrastructure funding. . . .Bellingham's recent designation as a LIFT demonstration project allows the city to leverage private sector investment to rehabilitate and redevelop over 140 acres of waterfront property, create jobs, develop parks and trails, and provide residences for its growing population. Without state assistance, these public improvements and private investments would be delayed for years. Camas Thanks to financial assistance from the state (and others), the city built necessary infrastructure which supports a vibrant economy, attracts private investment and creates good jobs that benefit the city and state. 5 -.. 1 l. n The Washington State Legislature must take decisive action in 2009. Catch up and keep up · Establish a one time infrastructure catch up of $350 million for The Transportation Improvement Board and the Public Works Board to fund qualified projects. · Increase infrastructure related programs to keep pace with capital construction costs. · Provide assistance that allows cities to keep up with existing requirements and to address new state policies: Puget Sound cleanup, Vehicle Miles Traveled goals, climate change, storm water, etc. Build on our successful programs · Increase Transportation Improvement Board funding by $35 - $50 million a year. · Increase the Public Works Trust Fund by 25% and include a grant component with new funding for designated growth centers and small cities to "buy down" extraordinary utility rates. · Permanently fund the Community Economic Revitalization Board for urban and rural projects- CERB is responsive to Washington's economic needs by successfully awarding infrastructure grants and loans every 45 days to jurisdictions. · Provide Local Infrastructure Financing Tool flexibility and reauthorization. A pilot the last three years, this financing method allows cities to attract additional private sector investments. Reauthorizing the program with new awards for 2009-11 and repealing the one project per county is vital. · Enhance Urban Brownfield redevelopment- Currently, EPA provides assessment grants on a nationally competitive basis, and the state's brownfields revolving loan program is $5.9 million federaly funded. However, assessement grants are too few, and loans do not work for everyone, especially municipal governments. Including state funding and adding grants component will clean up the environment, generate new development and infilling, and create state and local revenues. · Enhance funding for parks, open space, trails, and ballfields both by protecting and increasing the existing funding within the WWRP, and by creatively using funding streams tied to initiatives such as the Puget Sound Partnership. 23 6 Leverage state funding · It makes sense to bond state dollars for legacy projects - just as we finance homes and other big ticket items, one dollar in cash can leverage S 10- S 13 in infrastructure investment. Update our fee and tax structure to meet 21 st century needs · Adjust the state sewer, water, and solid waste taxes/fees that haven't been changed in decades to refurbish old infrastructure and prepare for 1.5 million people in the upcoming years in Puget Sound alone. · Create a state stormwater revolving fund to provide funding to help meet state stormwater requirements. · Institute a vehicle tailpipe user fee to finance capital stormwater needs. Local Infrastructure Options and Flexibility · Alternative Public Works Legislation. Allow design build authority for projects under S 10M. · Bid Limits. Update 2002 bid limit authority to reflect inflationary construction costs. · Community Facilities Districts. Provide enabling legislation to use this financing mechanism to fund local infrastructure. · Community Revitalization Financing legislation. Modify existing language to make it a more viable tool. · Real Estate Excise Tax Reform. Harmonize the first and second quarter local REET and allow its use for park maintenance. · Street Utility Authority. Enable cities to charge a fee based on trip generation to meet street maintenance needs. · Transportation Benefit Districts. Repeal the 10 year sunset on voter approved sales tax to enable bonding of this revenue stream. Our Accountability Pledge · With our request for funding, we accept a responsibility to be good stewards of our infrastructure and to track our efforts. · We believe local match requirements that reflect a city's fiscal health make sense. · We support points and criteria features in loan and grant programs that reward stewardship of our infrastructure. 24 7 . ASSOCIATION OF WASHINGTON CiTiES 1076 Franklin St. SE Olympia, WA 98501-1346 (360) 753-4137 Toll Free: 1-800-562-8981 Fax: (360) 753-0149 www.awcnet.org PRESORTED STANDARD US POSTAGE PAID OLYMPIA, WA PERMIT NO. 201 25 COUNCIL MEETING DATE: December 2, 2008 ITEM #: ,.-...-.-...........--.-......-....-..-..----...........-....-.- ......-----.......---.----.---..-.-.-.-.---.-.-----..-----.....-----....--..--.........-....-...---....-..-.--...-.-........--..---...-....-........--...........-.- ..................-.------..--.....-----.---.--..-....-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2009-2010 LODGING TAX ADVISORY COMMITTEE (L T AC) BIENNIAL BUDGET POLICY QUESTION: Should the City approve the 2009-2010 LTAC biennial budget? COMMITTEE: FEDRAC MEETING DATE: November 25, 2008 CATEGORY: [8J Consent o City Council Business D Ordinance D Resolution D o Public Hearing Other STAFF REpORT By: Lillian Yeh, Economic Develonment Assistant DEPT: City Manager's Office .............---.-...-.----..-.....--.-..-...-.-.-..--.....---....--.....-..---..---....---..-.--__.._.__.._L_..._._,....._.______..~__._..._._..._.____.___._.__.._..______._._._._........."...__.......__..___..._.._._____._____.___._...__ ATTACHMENTS: Proposed 2009-2010 LTAC Biennial Budget SUMMARYIBACKGROUND: On October 21,2008 the Lodging Tax Advisory Committee (LTAC) approved the 2009-2010 biennial work plan and budget for tourism-promotion programs, based on estimated program expenses and lodging tax revenues. The attached table summarizes the budget's expenses by program and revenues. The approved budget includes conservative, projected lodging tax revenues of $202,700 for both 2009 and 2010. However, the projected total revenues will include other sources of revenue, such as interest and contributions from users for joint advertising efforts, for total projected revenue for 2009 and 2010 of $210,950. These conservative revenue projections prompted the L T AC to recommend several cost-saving changes in order to better align with its mission and anticipated needs for 2009-2010. As a result, the total expenditures for all on- going programs in 2009 and 2010 will be $206,600, leaving a projected unallocated balance of$4,350 each year. Under the On-Going Expenditures, only minor adjustments are proposed from 2008. A reduction of $5,000 in the TEG program was implemented, while $20,000 has been set aside for funds dedicated annually specifically to bid on nationallintemational aquatic events. With 2009 and 2010 contributions, the balance for this set-aside fund will total $140,000. In addition, the on-going programs now include expenditures covering professional services such as marketing, graphic design and printing. In the past, these expenses have been covered in the one-time expenditures budget using carry-forward funds. Starting in 2009, a limited number of programs will be funded as one-time expenditures, such as: 1. Development and printing of a themed tourism brochure focusing on the City's gardens and the West Hylebos Wetlands. Both the Weyerhaeuser Pacific Rim Bonsai Collection and the Rhododendron Species Botanical Garden are considered to be world class caliber and represents the City's strongest venues in attracting out-of-town visitors. The West Hylebos Wetlands currently maintains a unique standing among Puget Sound's natural preserve and attracts a fair share of naturalists regionally. However, the potential of it becoming a destination attraction could be realized with proper marketing materials and publicity. 2. L TAC allocated funding for the major festivals organized by the City. These include Han Woo-Ri, Women's Triathlon, and Buds & Blooms. Buds & Blooms, the newest created festival will continue to receive 2008 level of support at $23,000 each year. Han Woo-Ri will receive, $15,000 down from $25,000, while the Women's Triathlon will continue to receive $13,500. 26 OPTIONS CONSIDERED: 1. Accept the L T AC recommendation to approve the 2009/2010 proposed budget as presented and forward to the December 2, 2008 City Council Consent Agenda. 2. Approve the L T AC budget with desired changes and forward to the December 2, 2008 City Council Consent Agenda. 3. Deny approval of the budget and provide staff with further direction. LODGING TAX ADVISORY COMMITTEE RECOMMENDATION: To approve the 2009-2010 Program and Budget with all the proposed adjustments in the On-Going and One-Time Expenditures. STAFF RECOMMENDATION: Staff recommends approval of the proposed 2009-2010 2008 biennial budget, as presented and recommended by L T AC. CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: Council COMMITTEE RECOMMENDATION: HI move to approve option _' Mike Park, Committee Chair Dini Duclos, Conunittee Member Eric Faison, Conunittee Member PROPOSED COUNCIL MOTIONS: I move to approve the Committee recommendation (option _). COUNCIL ACTION: o APPROVED o DENIED o TABLEDfDEFERREDINO ACTION o MOVED TO SECOND READING (orrlinances only) REVISED - 02106/2006 COUNCIL BaL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 27 :' '_ '. \; >~~~ :. ~ir'r':!~ n ~2 ._~ _ ~__. _ ~_ ._. . ,~;;~; ':'~; i::.~~~, ~~~:; i~' LTAC 2009 & 2010 Program and Budget Revenue Interest Triathlon Reimbursement Restaurants contribution for map Hotel contribution for brochure $202,700 $4,000 $2,500 $750 $1,000 $202,700 $4,000 $2,500 $750 $1 ,000 !\ ef~t~lil~t;~:L;"\9~~(i~t:;::',~~~~:;r ,- :~, 't:;~ ~',' : "~t~, :?$l%}~, ,:',:~>':7:H!t,:" ,3; ~4 :~;r,~:H.:H}~~j[.:t."k~~!Ir!}.SX.:' ,~ ~i:.~.: '~.,t. " , ,_ ~;~>e;'~Io".:-;~r,,~ ,. r.~!"i:~ff~~ ~~ '''---.-..-~ N~~~,,~~~~~ ""~~ ~~"'Ww.~~~~~_............,..._~_t;;~~~="'''''''''''''''''~-'-'W'''''~~~~=_4~_ ~ '. ;i~*if.c~~J~H~:.i ~':.~~ \~_~_.,'~j (~.~ /~. b , ",~~~;'i;~.tdi0~d~ Advertisement (ad rate, brochure distribution) Marketing Servo (copy writer, marketing consulting & PM) Design (graphic artist & photos) Printing (brochure, map, masthead & quarterly calendar copies) TEG Admin (approx. 10% of revenue) Membership (Seattle Sports, Tacoma Sports & SVCB) Contribution to National/Olympics Events Fund Web Site (development & management) Contin~ency $35,000 $20,000 $10,000 $35,300 $45,000 $21,000 $10,300 $20,000 $4,000 $6,000 Garden Brochure Events (HWR, Triathlon & Buds & Blooms) HWR Triathlon Buds & Blooms $12,000 $15,000 $13,500 $23,000 $35,000 $20,000 $10,000 $35,300 $45,000 $21,000 $10,300 $20,000 $4,000 $6,000 $8,500 $15,000 $10,000 $23,000 28 COUNCIL MEETING DATE: December 6, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION RECOGNIZING THE NEW INSURANCE CARRIER AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SETTLE CLAIMS UP TO THE DEDUCTIBLE. POLICY QUESTION: SHOULD THE CITY COUNCIL CONTINUE TO AUTHORIZE THE CITY MANAGER, OR DESIGNEE, TO SETTLE CLAIMS UP TO THE DEDUCTIBLE? COMMITTEE: FEDRAC MEETING DATE: 11/25/08 CATEGORY: X Consent o City Council Business Ordinance D Resolution D D Public Hearing Other ~~ AFF REp_~~!J!~_:___~~ T ~~_~~o.!i!.-~~~X.~!!QR~___.._.____.____________.~~PT: La~_...______..____________.___ In September 2008, the City Council authorized the changed in insurance carriers to Washington Cities Insurance Authority. The insurance premium was reduced by increasing the deductible in certain areas. In 2005 the City Council recognized the working relationship with Cities Insurance Association of Washington and authorized the City Manager to settle claims up to the deductible. Attachments: Staff report and proposed resolution. Options Considered: 1. Approve the proposed resolution and forward to full Council for consideration at the December 6, 2008, City Council Meeting. 2. Modify the proposed resolution and forward to full Council for consideration at the December 6, 2008, City Council Meeting. 3. Reject the propose resolution. STAFF RECOMMENDATION: Approve the proposed resolution and forward to full Council for consideration CITY MANAGER ApPROVAL: Council DIRECTOR APPROVAL: rAt Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 0210612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 29 ~ CITY OF ~ !7 Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: TO: FROM: NOVEMBER 25, 2008 FINANCE, ECONOMIC DEVELOPMENT AND REGIONAL AFFAIRS COMMIITEE PATRICIA A. RICHARDSON, CITY ATTORNEY fAtt- SUBJECT: PROPOSED RESOLUTION RECOGNIZING THE NEW INSURANCE CARRIER AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SETTLE CLAIMS UP TO THE DEDUCTIBLE In 2005 the City Council recognized the City's insurance carrier and authorized the City Manager to settle claims up to the deductible, which was $25,000. With the new insurance carrier, Washington Cities Insurance Authority (''WCIA''), the Memorandum of Understanding specifies that WCIA has full authority to negotiate and resolve through settlement or litigation all claims, but that the City will have greater input for those amounts within its deductible. Additionally, the City has received verbal statements that the City Council will be notified and requested to take the recommended action on claims and/or litigation above the deductible. The Memorandum of Understanding and proposed ordinance do not change the City's course of business in its day-to-day operations of the City Manager, or designee, authorizing settlement of claims up to the deductible. The amount of the deductible for general liability and errors and omissions, however, increased to $100,000. The deductible for property and auto is $25,0~Lho.ij~E._and machinery and crime/fidelity is $10 ~-----~-_._._..._.. "-~__/"------ .-'\,V-------....-v-----.-.~-,-.-" ~uncil could approve the proposed resolution thereby authorizing the City Manager, or designee, to setde ~ . claims up to the applicable deductible. Alternatively, Council could specify a dollar amount thereby limiting " \\ the City Manger's, or designee's, authority to settle claims. Lastly, Council could reject the proposed / res?lution and require that all claims be submitted to the City Council for fmal action before WCIA takes <. ( act1on. ~ "'-...r"( ........._..__.......,....... /'-~- ..._.------,,-. _ __.____..."...,..--.....'.. ....... ~_.__ .~..___,.._......-_.-~____-_..- " Glveii -the various levels of applicable deductibles and the fact that the deductibles will-likely change in the future in an effort ~o obtain the lowest premium, Staff is recommending that Council authorize the City Manager, or designee, to settle claims up to the deductible which does not identify a specific dollar amount. K:\agendaitem\FEDRAC\staff rpt cm settle claims 30 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE CITY MANAGER OR THE DESIGNEE TO SETTLE CLAIMS UP TO THE CITY'S DEDUCTIBLE. (Amending Resolution No 05- 463) WHEREAS, pursuant to RCW 35A.ll.020, the City of Federal Way Council is authorized to organize and regulate the internal affairs of the City of Federal Way; and WHEREAS, the City Manager is authorized, pursuant to RCW 35A.13 .080, to supervise the administrative affairs of the City and to perform other duties as assigned by the City Council; and WHEREAS, on September 16, 2008, City Council authorized the City to change insurance carriers from Cities Insurance Association of Washington ("CIA W") to Washington Cities Insurance Authority ("WCIA"); and WHEREAS, the insurance agreement with WCIA provides WCIA the discretion to settle claims as part of their business; and WHEREAS, the City Manager has historically had the discretion to settle claims and authorize payments up to the amount of the City's insurance deductible; and WHEREAS, the City's deductible will most likely change in the future in an effort to achieve the lowest possible premium payment; and WHEREAS, it is in the best interest of the City for the City Manager or designee to continue to have the discretion to settle certain claims in an expedited manner in accordance with the insurance agreement; RES # , Page 1 31 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Authorization. The City Manager, or designee, is hereby authorized to settle claims against the City in accordance with the insurance agreement up to the City's deductible. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2008. CITY OF FEDERAL WAY MAYOR, JACK DOVEY RES # , Page 2 32 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: RESOLUTION NO.: K:\resolution\2008\authority to settle claims RES # 1 Page 3 33 COUNCIL MEETING DATE: December 2, 2008 ITEM #: ._......___.H..._...__.___.._.._..._..____.__.._._....._..________..___....__.__._____._._...__.................__.___.~....._...H_.._......__.____..__.._......._........______...__._...._._. .........._..________..__.._._........._.~__._____._.__.__...._____._...__.._....._ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PURCHASE OF UPDATED AERIAL IMAGERY POLICY QUESTION: Should Council approve the use of $7,000 from savings in the GIS budget to purchase updated aerial imagery? COMMIITEE: FEDRAC MEETING DATE: November 25,2008 CATEGORY: [8J Consent D City Council Business D Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: Mehdi Sadri, Information Technolop'v Director DEPT: Information Technology -............-..-.......---...........-..-..-----.....--.---.--.--..-......----.------.----.-....-._____.___:r:J...'-___,._.__..._____...._____._._..........~.........__.___.____.__._____.__...___......_._.._...__.__.___.____._.___..._.~_.___..._._._._............. ATTACHMENTS: None. SUMMARYIBACKGROUND: Aerial imagery of the City and Potential Annexation Area (PAA) are used regularly in various presentations and analysis. The City purchased its first set of aerial imagery in 1993 through funding by the Public Works Department, which established the foundation of our current GIS. In 2002 the City purchased an updated set of aerials imagery, from a 1999 fly-over, for approximately $18,000. The purchase was made possible through a joint effort of several agencies. The City now has an opportunity to purchase a 2007 set of images through a similar cost-sharing partnership coordinated by King County at a cost of approximately $7,000 but not more than $8,000. Staff has identified cost savings in the 2008 IT/GIS maintenance and operations budget as a result of position vacancies. Staff recommends using these savings to fund this purchase. Due to the age of the existing aerial imagery, the amount of change that has occurred since the last images were produced (1999), the opportunity to purchase the updated data in collaboration with King County, and the available budget cost savings, staff recommends proceeding with this purchase. OPTIONS CONSIDERED: 1. Purchase updated aerial images at cost not to exceed $8,000 using the cost savings in the IT/GIS maintenance and operations budget and forward to the December 2, 2008 City Council consent agenda. 2. Direct staff to return to Committee with alternate funding proposals. 3. Deny approval; continue using existing (1999) aerial imagery and deny approval of this purchase. ....-.....-....--.--.-----.....--.........-....---.---....._....__.._-_.__._._....._-_._.._-_...._.__._----....~....._-....--..--..---......---...-----....-.....-...-....-.--.-....-.--...... -_._._.__.._._............._._.~._---_._--.._.-.__..._...-......-.-----.-...---.-..--....-................--..----............ STAFF RECOMMENDATION: Staff recommends using the cost savings in the 2008 IT/GIS M & 0 budget to purchase 2007 aerial images at a cost not to exceed $8,000 (Option 1). CITY MANAGER APPROVAL: DIRECTOR APPROVAL: &- Committee COMMIITEE RECOMMENDATION: HI move to approve option _' Mike Park, Committee Chair Dini Duclos, Committee Member Eric Faison, Committee Member PROPOSED COUNCIL MOTIONS: I move to approve the Committee recommendation (option _). COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 34 COUNCIL MEETING DATE: December 2, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2008 HOUSEKEEPING BUDGET ADJUSTMENT POLICY QUESTION: Should the City approve the 2008 Housekeeping Budget Adjustment? COMMITTEE: Finance, Economic Development & Regional Affairs Committee MEETING DATE: November 25, 2008 CATEGORY: o Consent cgj Ordinance 0 Public Hearing o City Council Business D Resolution D Other STAFF REpORT By: Tho Kraus, Fi~ance Director~ ____._______!>E!T: Fi~~ce Background: This is an ordinance for the 2008 Housekeeping Budget Adjustment. This budget adjustment is primarily to incorporate any items that have been approved by Council during the year and adjust those expenditures that are funded with matching revenues. Attachments: · 2008 Housekeeping Budget Adjustment Summary, Ordinance, and Exhibit. Options Considered: 1. Approve the 2008 Housekeeping Budget Adjustment Ordinance as presented and forward to the full Council on December 2, 2008 for first reading and adoption. 2. Deny approval of the 2008 Housekeeping Budget Adjustment Ordinance and provide direction to staff. STAFF RECOMMENDATION: Staff recommends approval of Option 1. CITY MANAGER APPROVAL: ~ ~ DIRECTOR APPROVAL: ~~ ~ Committee 41L. Council COMMITTEE RECOMMENDATION: Forward approval of the 2008 Housekeeping Budget Adjustment Ordinance to the full council on December 2, 2008 for first reading and adoption. Mike Park, Chair Dini Duclos, Member Eric Faison, Member PROPOSED COUNCIL MOTION: "I move approval of the 2008 Housekeeping Budget Adjustment as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 35 CITY OF FEDERAL WAY 2008 HOUSEKEEPING BUDGET ADJUSTMENT General Fund: Non-DeDartment General/Street Fund Subsidy - Increase for NonPolice Vehicles Fuel Increase.. ...... ...................... .... ................. .......... $ General/Street Fund Subsidy-Reduce as a result of Correcting M&O for CD Secondary Vehicle.......... . ..... .. .. ......... ... ....... Citv Manaf!er Transfer $SOK to Celebration Park Project to Cover LUD Capital Facilities Charges, Funded by CM Contingency........ .......... Communitv DeveloDment Graffiti Abatement Supplies - Funded by W A Assoc. of Sheriffs & Police Chiefs (W ASPC) - Approved by Council 9/16/08..... 2008 Carryforward Correction - M&O for Retaining Secondary Vehicle Budgeted in PW, sib in CD.................................. Public Safetv Internal Service Charge-Increase Fuel............. ....... .......................................... ............................................ ... Overnire Lieutenant Funded by W A TP Grant-Approved by Council 9/2/08; add II th Seizure Vehicle for OH Lieutenant......... Purchase 2 Existing Leased Harley Davidsons - Funded by WA Traffic Safety Comm Grant-Approved by Council 9/16/08....... Increase SWAT Van Estimate for Heavier Duty Truck & Equip-Use of Asset Forfeiture Funds - Bid Award Approved 912/08.... Street Fund: Internal Service Charge-Increase Fuel for NonPolice Vehicles................................................................................ 2008 Carryforward Correction - M&O for Retaining Secondary Vehicle Budgeted in PW, sib in CD.................................. Subtotal General & Street Fund 20,000 (6,000) 10,000 6,000 108,000 100,920 27,000 50,000 20,000 (6,000) 329,920 50,000 160,000 210,000 50,000 202,830 202,830 455,660 75,000 105,000 (1l,375) 15,000 54,000 18,900 14,000 108,000 20,000 (244,282) 55,000 209,243 (25,267) (25,267) $ 1,179,556 Traffic Safety Fund: Traffic Safety Program. ...... . ... ... .. . .. ............... . ........ ... . . . ............ . . ..... . .. . . . .. ............... . .................... ...... ... ...... Community Center Operations: Increase Utilities..................................................................................................................................... Subtotal Special Revenue Funds Parks CIP: Celebration Park - Restore Budget for Capital Facilities Charge Paid, funded by CM Contingency........ ... .. .. .. ... ..... . ..... ...... Surface Water Management CIP: Interfund Transfer to SR99 HOV Lanes Phase III Project - Approved by Council 4/3/07................................................. Transportation CIP: SR99 HOV Lanes Phase III - Source is SWM Unallocated CIP - Approved by Council 4/3/07.......................................... Subtotal Capital Project Funds Surface Water Management: Local Government Stormwater Grants Program - Funded by Department of Ecology........................................... .......... Risk Management Fund: Removal of Billboard located at 288th & Pacific Highway South - Use of Fund Balance - Approved by Council 9/16/08.. ........ Information Systems: Transfer Various Line Item Budgets to Government Affairs.................................................................................... 2008 Carryforward Correction - Budget ADORE Software in Information Technology Fund.................... .. .... ...... '" ...... ... Fleet & Equipment Fund: PD-Purchase 2 New Harley Davidson Motorcycles-Funded by Replacement Reserves - Approved by Council 7/1/08.............. PD-Renew Lease on 3 Motorcycles, Funded by Replacement Reserves - Approved by Council 7/1108. .......... ........ .... ......... PD-Purchase 2 New Dual-Sport Motorcycles - Funded by Replacement Reserves - Approved by Council 6/17/08.................. PD-Increase Fuel - Police Vehicles........................................................... ..... ............................... ................. PW-Increase Fuel - NonPolice Vehicles..... ............... .............. ........................................................................ 2008 Carryforward Correction - Capital Carryforward Not Needed (Already Purchased in 2007)............. .................... ..... 2008 Carryforward Correction - Budget Graffiti Equipment in the Fleet & Equipment Fund.. .. . .. ... .. . . .. . . . . .. . ..... . . . . . . . . . . .. . . .. Subtotal Proprietary Funds CDBG: 2008 Carryforward Correction - Adjustment Not Necessary (timing of 2007 closing & carryforward adjustment)................... Subtotal Non-Annual Programs GRAND TOTAL-ALL FUNDS 36 11/1812008 3:02 PM 2008 YND Adjustment list 08 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2007-08 BIENNIAL BUDGET (AMENDS ORDINANCE 06-537, 07-549, 07-569, AND 08-579). WHEREAS, the City Council enacted the 2007-2008 Biennial Budget on December 5,2006, to become effective on January 1,2007; and WHEREAS, on March 20, 2007, the City Council enacted Ordinance No. 07-549 to carry forward funds that had not been expended in 2006; and WHEREAS, on December 14, 2007, the City Council enacted Ordinance No. 07-569 to revise the 2007-2008 Biennial Budget as necessary; and WHEREAS, on March 18, 2008, the City Council enacted Ordinance No. 08-579 to carry forwards funds that had not been expended in 2007; and WHEREAS, as a result of the final biennium adjustments the City Council finds it necessary to revise the 2007-2008 Biennial Budget to include the 2008 housekeeping adjustments into the revised budget for 2008; WHEREAS, the potential adverse impacts on the public health, property, safety and welfare of the City and its citizens if this Ordinance did not take effect immediately, justify the declaration of an emergency and the designation of this ordinance as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: ORD.# , PAGE 1 37 Section 1. Amendment. Exhibit B( 1) entitled "2008 Revised Budget" in Ordinance 08-579 is hereby amended to read as shown in Exhibit B(2) - "2008 Revised Budget". Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdiyision, 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 not limited to, the correction of scrivener/clerical errors, references, ordinance nwnbering, section/subsection numbers and any references thereto. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of F ederal Way this , 2008. day of CITY OF FEDERAL WAY MAYOR, JACK DOVEY ORD.# , PAGE 2 38 ATTEST: CITY CLERK, CAROL MCNEILLY APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 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'c ~ 9 c: 50 .;.: .._....._._._..._..__.._.._.._.___.h._.__..._....~_.__.--.._-~-..._----.--.-..._.----...-_._..._._._._,.._.____...._._.__....._.____.._._____.___.....___.___.____.___._____.__......_.h_____..__________.._.._____.______._.._____...___._._..._._.__ COUNCIL MEETING DATE: December 2, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: T -MOBILE SITE LEASE RENEWAL - BP A TRAIL AT 332ND AND 1sT WAY SOUTH (PANTHER LAKE) POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT? COMMITTEE: FINANCEIECONOMIC DEVELOPMENTIREGIONAL AFFAIRS COMMITTEE MEETING DATE: 11/25/08 CA TEGORY: Kl Consent City Council Business D Ordinance o Resolution D o Public Hearing Other _._----_.._--_._------_._._.~--------------------.__.....---.--.-------.-.-----.--.- STAFF REpORT By: PATRICIA RICHARDSON DEPT: Law V oicestream PCS III Corporation entered into a Lease Agreement with the City on December 1, 2003 for installation and operation of certain equipment on City owned land located on the BPA trail at 332nd and I st Way South (Panther Lake) for use in connection with its wireless telephone communications service. During the term of the Lease, T- Mobile became the successor in interest to V oicestream PCS III Corporation. The 2003 Lease Agreement provided for rental fees in the amount of $1,665.00 per month and an increase in each subsequent five-year term by an amount equal to the average increase in CPL but no more than 15%. The lease will expire on December 8, 2008 and T -Mobile has requested to renew the lease for a five-year tenn pursuant to the terms of the lease. During negotiation of the Amendment, the City requested that the rental fees increase 4% per year to create consistent administration with other telecommunications lease agreements, but agreed to that the increase would not be more than 15% over the entire term. This means that the rent will increase 4% for the first three years, 3% the fourth year, and remain the same in the fifth year. Options Considered: 1. Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. _._,_..__,..___________2_,__~~~.~_.th~...~~~~~_~~n~wa~~____,____._,_.._.~________________,_ STAFF RECOMMENDATION: Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. CITY MANAGER APPROVAL: DIRECTOR ApPROVAL: At- Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option _" COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 0210612006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 42 FIRST AMENDMENT TO SITE LEASE AGREEMENT (AG # 04-024) This First Amendment to Site Lease Agreement ("Amendment") is dated effective this 9th day of December, 2008, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and T-Mobile West Corporation, a Delaware corporation, as successor in interest to VoiceStream PCS III Corporation ("Tenant"). A. The City and Tenanfs predecessor in interest, VoiceStream PCS III Corporation ("VS pes III") entered into a Lease Agreement dated effective December 8, 2003, whereby the City agreed to lease to VS PCS III, as Tenant, a portion of the space on and air-space above the City Property ("Lease"). B. During the term of the Lease, Tenant, VS PCS III merged into T-Mobile West Corporation, a Delaware corporation, and T-Mobile West Corporation thereby succeeded to and assumed all ofVS PCS IIrs rights, duties and obligations as Tenant under the Lease. C. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. D. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. E. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional five (5) years. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: 1. Tenant Name The Tenant name shall be changed from V oiceStream PCS III Corporation, to the name ofT- Mobile West Corporation, a Delaware corporation due to a merger of the two entities as stated in Section B of this Amendment. 2. Term. Pursuant to Section 4 of the Lease, the Lease shall be renewed for an additional five (5) year term commencing on December 8, 2008, and expiring December 8, 2013, unless renewed pursuant to the terms of the Lease. - 1 - 43 3. Rent. Tenant shall pay to the city rental fees in the amount of$I,731.60 per month, due on the 5th of each month. The Rent shall be increased by four percent (4%) per year, but not to exceed Fifteen Percent (l50~), throughout the term of this Amendment and Renewal Terms (if any). 4. Notices. Section 16 of the Lease shall be amended to change the notices addresses for the City and Tenant as follows: If to City: City Attorney P.O. Box 9718 33325 Eighth Avenue South Federal Way, W A 98063 With a copy to: City Manager PO Box 9718 33325 Eight Avenue South Federal Way, W A 98063 If to Tenant: T-Mobile West Corporation 12920 SE 28th Street Bellevue, W A 98006 Attn: Legal Department with a copy to: T-Mobile West Corporation 19807 N. Creek Parkway N. Bothell, W A 98011 Attn: Lease Administrator 5. Full Force and Effect. All other terms and conditions of the Lease not modified by this Amendment shall remain in full force and effect. - 24-4 DATED the effective date set forth above. CITY OF FEDERAL WAY By: Neal Beets, City Manager PO Box 9718 Federal Way, W A 98063-9718 ATTEST: APPROVED AS TO FORM: Carol McNeilly, CMC, City Clerk Patricia A, Richardson, City Attorney T-MOBILE WEST CORPORATION, a Delaware Corporation By: David Gallacher, Vice President, Engineering. T -Mobile Regional Engineering West, 1855 Gateway Blvd. 10th Floor, Concord, CA 94520. STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me David Gallacher, to me known to be the Vice President, Engineering ofT-Mobile West Corporation, a Delaware Corporation, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 2008. (typed/printed name of notary) Notary Public in and for the State of My commission expires - 3 - 45 COUNCIL MEETING DATE: January 6tb, 2009 --..-....--.....--------.-- ........~----.._._._._._._.._--_.-._-_......_--_.--_....--...-.-----.......-..-.--------...-....-.....-.---.------...--------...-.----..-..-. ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Resolution directing a final reorganization of the Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT THE CLERK IN CONJUNCTION WITH CODE PUBLISHING TO FINALIZE THE REORGANIZATION OF THE FEDERAL WAY CITY CODE? COMMITTEE: Finance, Economic Development, and Regional Affairs MEETING DATE: Nov. 2St\ 2008 CA TEGORY: D Consent D City Council Business D Ordinance [8J Resolution D D Public Hearing Other ~!~!~ ~!?9~!_B~~_~9N _W}\LLS-LQ~~IY_~ITY ~'!:I~~~_________,___~~!!: L~~__,___..________________ Staff has reviewed a draft reorganization of the Federal Way City Code and made certain numbering and organizational changes. The code is ready to be finalized into the new Federal Way Revised Code. Attachments: Staff report and proposed resolution. Options Considered: 1. Recommend approval of the Resolution and forward to the full Council on January 6th, 2009. 2. Modify the proposed Resolution and forward to the full council for frrst reading. 3. Do not approve the proposed Resolution. STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: P ttP- Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of the proposed Resolution ". COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 46 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DIRECTING THAT THE CITY CLERK IN CONJUNCTION WITH THE CODE REVISER RE-CODIFY AND REORGANIZE THE FEDERAL WAY CITY CODE INTO THE FEDERAL WAY REVISED CODE WHEREAS, the City Of Federal Way Code ("Code") was originally codified in 1993 by Municipal Code Corporation under Ordinance 93-160, and republished in 2001 by Code Publishing Company; and; WHEREAS, the Code Publishing Company continues to be the publisher for the City; and WHEREAS, the Code is currently codified in a cumbersome format that is not typical of Washington cities making it more difficult to amend, reference, and more expensive to maintain; and; WHEREAS, over the years amendments to the Code have left the current codification of the code disorganized, with scrivener's errors, incorrect references, and unclear language, and; WHEREAS, the City Council wishes to organize the Code in a way that is more straight forward and friendly to users; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Re-codification of the Federal Way City Code into the Federal Way Revised Code. The Clerk and the code revisor are directed to re-codify, reorganize, and republish the city code as the Federal Way Revised Code as constituted in the draft re-codification as amended by RES # , Page 1 47 subsequent ordinances and this resolution. Notwithstanding any recent amendments which may indicate otherwise, the re-codified code shall retain the format changes specified in the previous Resolution including: Subsections and subparagraphs shall be enumerated using the following sequence and style: (1)(a)(i)(A)(I); and numbering shall be removed from definition lists and the words defined shall be indented, italicized, and set off with quotation marks. Where recent or accompanying amendments contain code references, or title/chapter references in brackets after a non bracket reference, the bracketed language is intended to refer to FWRC and indicate what the re-codified text should look like. The Code revisor is directed to removed the phrase "including all future amendments, additions or deletions" from places where state statutes are adopted by reference. Additionally the following changes to the draft re-codification should be noted and implemented: 1. FWRC Chapter 12.40 massage licensing, is repealed. 2. FWRC 16.40 Flood Control should be re-codified as FWRC 19.142 Flood Control with cross references to FWRC Title 18, Subdivisions, FWRC Title 13 Buildings, and FWRC Title 16, Surface Water management and visa versa. 3. FWCC 22-938 Erosion and sedimentation regulation, should only appear at FWRC 7.05.02; FWRC 16.45.020 should be deleted. 4. FWCC 22-977 should be moved to FWRC 19.110.080; FWRC 19.230.150 and FWRC 19.225.130 should be deleted. Cross-reference FWRC 19.110.080, FWRC 19.230, FWRC 19.225, and FWRC 19.130.150 (22-1245) and visa versa. 5. FWCC 22-1425 should be in FWRC 19.130.150 only and FWRC 19.230.160 or RES # , Page 2 48 FWRC 19.225.140 should be deleted. Cross reference FWCC 22-1376, FWCC 22-1377 in FWRC 19.130.150 (FWCC 22-1245)and FWRC 19.110.080. 6. FWRC Title 7 should include cross-referencing to: FWRC Chapter 9.15 (FWCC Chapter 4 Art Vet seq); FWRC Chapter 6.70 (FWCC Chapter 6 Art XIV section 6-340; FWRC Chapter 13.05 (FWCC 5-7); FWRC Chap 16.45 (FWCC 22-1201); and FWRC Chap 11.20 (FWCC 12-36). 7. The following sections should be moved to FWRC Title 7: FWRC Chapter 4.40 (FWCC Chapter 13 Art VI, section 13-180); FWRC Chapter 4.35 (FWCC Chapter 13 Art VII section 13-252); FWRC Chapter 12.25 (FWCC Chapter 9 Art VII Div 1,2 section 9-388); and FWRC Chapter 12.30 (FWCC Chapter 9 Art VIII Div 1,2 section 9-422). 8 FWRC Chap 7.03 is added by separate ordinance. 9. FWRC Chapter 7.05 should be renamed "Specific public nuisances". 10. The division/subdivision hierarchy should be removed from FWCC 19.35 (FWCC Ch. 22 art III). 11. Section FWCC 14-138 is repealed. Sections FWRC 3.05.080 and FWRC 12.05.045 should be deleted. (They are combined with FWRC 12.05.040 (FWCC 9-29) by separate ordinance.) 12. 13. 19.30.120). 14. 15. RES # Delete FWRC 16.45.020 (moved to FWRC 7.05.020) Include cross reference in FWRC Ch. 16.45 to FWRC Chap 19.30 (FWRC In FWRC 9.05.190 (FWCC 4-28) correct internal reference from chapter to title FWRC Chapter 4.30's name is changed to "Activities in the Right-of-way". , Page 3 49 16. The following sections have been renumbered per an accompanying ordinance and the new ordering should be incorporated into the revision: FWCC 21-31 is renumbered FWCC 21-16.5; FWCC 21-32 is renumbered FWCC 22-16.6; and FWCC 21-33 is renumbered FWCC 21-16.7. 17. Repeal FWCC 22-1047, cross reference FWRC 19.260 in FWRC 19.270 18. Move sections FWCC 9-207, FWCC 11-69, and FWCC 11-70 to FWRC Title 6 per an accompanying ordinance. 19. Move FWCC 9-44, 9-47, and 9-49 to FWRC 12.05.175, 12.05.185, and 12.05.173 respectively. Section 2. Adoption. The City of F ederal Way adopts the F ederal Way Revised Code upon publication. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2007. CITY OF FEDERAL WAY RES # , Page 4 50 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.: RES # , Page 5 51 DATE: November 4th, 2008 TO: Council Members; Planning Commission Members FROM: Aaron Walls, Deputy City Attorney SUBJECT: Staff Report on the final reorganization of the Federal Way City Code and concurrent updates and revisions to the Code. On November 20th, 2007 City Council authorized the reorganization of the City Code and correction of various non-substantive errors. Subsequently the City contracted with Code Publishing Inc. to re-codify the Code. Code Publishing has returned a proof version of the newly reorganized Code for editing and approval. During the process Code Publishing has identified about 30 technical errors or duplicative sections to be addressed. There are also some changes to the organization of certain articles. City Staff have also located sections with errors, unclear language, and redundancies that should be addressed. In addition, through the process of working with the Code, a number of areas where updates are needed have been identified. These were previewed to Management Team in June and July for comments and direction. The updates have been broken into different ordinances depending on the areas that Council Committees supervise. The update ordinances that address development regulations or change language in the zoning code will first be brought to Planning Commission on November 5th, before going to LUTe on November 17th. Update ordinances addressing issues involving police and parks will go to the PRHSP committee on November 10th. Update ordinances addressing issues with financial and business code updates will go to FEDRAC on November 25th. Lastly each update will be presented before the full Council for first reading on December 2nd and second reading on December 16th. A final reorganization resolution will track the updates, going to each council committee. The resolution will correct organizational and technical errors found in the draft reorganization and authorize the reorganization to be fmalized. It will be presented on December 16th with the second reading of the update ordinances. All Committees Final Reorganization Resolution This resolution directs the correction or reorganization of the draft reorganization in areas such as citation references, numbering, section names, cross references, and section placement. It recognizes the changes caused to the organization by the various update ordinances and directs that the format changes previously authorized be applied to them. It then directs publication and accepts the new Code upon publication. Land Use and Transportation Council Committee (and Plannine: Commission) 52 Technical Update This update corrects numbering errors, grammatical errors, redundant language, typographical errors, and corrects organization to conform to the new format. Definitions Update This update simplifies definitions; corrects typographical errors, citation errors, and corrects organization to conform to the new format. It also eliminates redundant definitions; consolidates definitions; moves regulations from definition sections to regulatory sections; removes unused terms; adds cross references; organizes definitions into separate sections; and makes definitions consistent with state law where needed. In one case in particular it uses a single consistent definition of development. Civil Enforcement, Penalty, Authority, and Procedure Update This update generally makes civil enforcement, penalties, authority and procedures consistent; and removes redundancies. Currently civil enforcement, whether for fines or to review zoning violation decisions, is done through a number of different procedures leading to a hearing examiner. This update consolidates all of these processes into a single one, so that all of these types of hearings will operate under the same rules and use the same code sections. Land Use Decision Process Update Currently land use decisions are made through a number of processes. Many of these processes overlap and contain redundant provisions. This update eliminates redundant sections in the processes, consolidates sections, makes language consistent, and clarifies language. It also deletes the hearing examiner provisions in process III and instead redirects those hearings to use the process in process IV. It will also make some minor technical changes such as limiting the application of interpretations to future land use decisions, clarifying process VI and making it more compliant with state law, increasing the time it allows the City to consider code amendment proposals to 90 days, and otherwise making the processes more consistent with state law. Nuisance Code update This update adds sections that generally prohibit nuisances, it makes enforcement consistent, it collects and organizes nuisance provisions into the Nuisance title, and it cross- references nuisance provisions. Parks.. Recreation.. Cultural Services.. and Police Council Committee Technical and Definitions Update This update simplifies definitions; corrects typographical errors, citation errors, and corrects organization to conform to the new format. It also eliminates redundant definitions; consolidates definitions; moves regulations from definition sections to regulatory sections; removes unused terms; adds cross references; organizes definitions into separate sections; and makes definitions consistent with state law where needed. . Animal Code Update 53 The animal code update is not intended to change policy or make substantive changes. It will remove redundancies, clarify language, correct references, coordinate provisions, and update and coordinate the language with the County code. It includes updates to animal code definitio'ns consistent with other definition updates. Criminal Law Update This update makes criminal penalties consistent, removes redundancies; updates provisions consistent with and coordinated with state law, including updating massage regulations and firearm provisions., It also updates criminal law definitions, and addresses the organization of the criminal provisions; moving criminal sections to the criminal code. It adds language on how to interpret and construct the language in the Code, clarifies jurisdiction, and adopts relevant state criminal procedures consistent with current practice. It specifically criminalizes no contact order provisions and probation violations, which is consistent with other provisions in the law, but is more succinct and clear. It adopts state misdemeanors generally. It authorizes bail forfeitures. It also updates SOAP provisions to be more workable and more applicable. Finance. Economic Develooment. and Re2ional Affairs Council Committee Technical and Definitions Update This update simplifies definitions; corrects typographical errors, citation errors, and corrects organization to conform to the new format. It also eliminates redundant definitions; consolidates definitions; moves regulations from definition sections to regulatot;y sections; removes unused terms; adds cross references; organizes definitions into separate sections; and makes definitions consistent with state law where needed. Business Code update This update removes redundancies, makes language and provisions consistent, and repeals massage regulations as required by state law. State law currently preempts local massage practitioner regulations. Business Code Civil Enforcement and Procedure Update Generally makes civil enforcement, penaltit:?s, authority and procedures consistent; removes redundancies. Currently civil enforcement, whether for fines or to review licensing decisions, is done through a number of different procedures leading to a hearing examiner. This update consolidates all of these processes into a single one, so that all of these types of hearings will operate under the same rules and the same code. (except for some specific areas such as alarms and drug seizures). 54 FEDERAL WAY REVISED CODE OUTLINE COMPARISON New Federal Way Revised Code is on the left with new or changed text underlined (in red). Old Federal Way City Code is on the right in italics (in blue). Changes from draft Revised Code to phase II in fushia. FEDERAL WAY REVISED CODE Title 1 General Provisions Chapter 1.05 - Code Construction Chapter 1.10 - Criminal Enforcement of Code Chapter 1.15 - Civil Enforcement of Code Chapter 1.20 - Claims Against the City Chapter 1.25 - Appeal Procedure Chapter 1.30 -Initiative and Referendum Powers Chapter 1.35 - Annexation Title 2 Government Departments. Officials. and Emplovees Chapter 2.05 - Government in General Chapter 2.10 - City Council and Mayor Chapter 2.15 - Municipal Court Chapter 2.20 - Hearings Examiner Chapter 2.25 - Police Department Chapter 2.30 - Community Development Department Code enforcement officer - Duty to investigate. Code enforcement officer - Entrance on private property. Chapter 2.35 -Indemnification Chapter 2.40 - Travel Policy and Procedure Boards. Committees. and Commissions Chapter 2.45 - Civil Service Commission Chapter 2.50 - Arts Commission Chapter 2.55 - Human Services Commission Chapter 2.60 - Youth Commission Chapter 2.65 - Diversity Commission Chapter 2.70 - Disability Board Chapter 2.75 - Lodging Tax Advisory Committee Chapter 2.80 - Independent Salary Commission Chapter 2.85 - Parks and Recreation Commission Chapter 2.90 - Planning Commission Title 3 Revenue and Finance Taxation Chapter 3.05 - Taxation Generallv Chapter 3.10 - Utilities Chapter 3.15 - Excise Tax on Sales Chapter 3.20 - Leasehold Tax Chapter 3.25 - Transient Lodging Tax Chapter 3.30 - Multifamily Dwelling Unit Limited Property Tax Exemption Chapter 3.35 - Sales and Use Tax Chapter 3.40 - Gambling Activities FEDERAL WA Y CITY CODE Chapter 1 General Provisions Chapter 1 Article I Chapter 1 Art " Chapter 1 Art 11/ Chapter 2 Art V Chapter 2 Art VI Chapter 2 Art VII Chapter 19 Art III Chapter 2 Administration Chapter 2 Art II, IV, X Chapter 2 Article IV Division 1; Chapter 2 Art I Chapter 2 Art " Chapter 1 Art X Chapter 22 Art " Div 3 Chapter 2 Art I V Div 4 Chapter 22 Art /I Div 4; Chapter 22 Art /I Div 5 partial FWCC 22-121 FWCC 22-122 Chapter 2 Art IV Div 2 Chapter 2 Art IV Div 3 Chapter 2 Art III Chapter 2 Art 11/ Div 1 Chapter 2 Art 11/ Div 2 Chapter 2 Art III Div 3 Chapter 2 Art 11/ Div 4 Chapter 2 Art 11/ Div 5 Chapter 2 Art III Div 6 Chapter 2 Art III Div'7 Chapter 2 Art III Div 8 Chapter 11 Art " Chapter 22 Art /I Div 2 Chapter 7; Chapter 14 Chapter 14 Chapter 14 Art IV Div 1 Chapter 14 Art V Chapter 14 Art /I Div 2 Chapter 14 Art /I Div 3 Chapter 14 Art /I Div 4 Chapter 14 Art /I Div 7 Chapter 14 Art 11/ Div 2; Chapter 14 Art 11/ Div 3 Chapter 14 Art IV Div 2 55 Finance Chapter 3.45 - Finance in General Chapter 3.50 - Funds Title 4 City Property Parks and Public Places Chapter 4.05 - Park Regulations Chapter 4.10 - Smoking in City Buildings Chapter 4.15 - Art in Public Places Streets and Sidewalks Chapter 4.20 - Vacation of Streets Chapter 4.25 - Rights-of-Way Chapter 4.30 - Activities in the Riqht-of-Way Chapter 4.35 - Right-of-Way Vegetation Chapter 4.40 - Sidewalks Title 5 (Reserved) Title 6 Public Safety and Welfare Chapter 6.05 - Public Safety and Welfare in General Chapter 6.10 - Druq. Alcohol. and Poisons Chapter 6. 15 - Vehicles Chapter 6.20 - Children and Minors Chapter 6.25 - Firearms and Danqerous Weapons Chapter 6.30 - Property Chapter 6.35 - Persons Chapter 6.40 - Dishonesty Chapter 6.45 - Public Morals Chapter 6.50 - Public Officers Chapter 6.55 - Public Peace Chapter 6.60 - Fire Chapter 6.65 - Gamblinq Chapter 6.70 - Public Nuisance Chapter 6.75 - Miscellaneous Crimes and Offenses Title 7 Public Nuisances Chapter 7.03 - General Public Nuisances Chapter 7.05 - Specific Public Nuisances Air quality regulations. Erosion and sedimentation regulation. Glare regulation. Heat regulation. Odor. Radiation. Violations deemed _. Violations deemed . Penalty for violation. Violations. Chapter 7.10 - Noise Maximum environmental noise levels. Noise level bonds. Chapter 7.15 - Graffiti Chapter 7.20 - Junk and Junk Vehicles Junk and junkyards prohibited. Chapter 7 Chapter 7 Art I Chapter 7 Art II Chapter 11, 13 Chapter 11; Chapter 13 Chapter 11 Art III Chapter 13 Art III Div 2 Chapter 2 Art IX Chapter 13 Chapter 13 Art IV Chapter 13 Art II Chapter 13 Art V Div 1, 2 Chapter 13 Art VII Chapter 13 Art VI Chapter 6 Chapter 6 Art I Chapter 6 Art II, IV; Chapter 2 Art VIII Chapter 15 Art II; Chapter 15 Art X Chapter 6 Art III Chapter 6 Art VI; Chapter 2 Art XI Chapter 6 Art IX Chapter 6 Art VIII Chapter 6 Art VII Chapter 6 Art X Chapter 6 Art XI Chapter 6 Art XII Chapter 6 Art V Chapter 6 Art XV Chapter 6 Art XIV Chapter 6 Art XIII Chapter 10 New FWCC 22-947 FWCC 22-948 FWCC 22-950 FWCC 22-951 FWCC 22-958 FWCC 22-959 Chapter 13 Art VI: 13-180 Chapter 13 Art VII: 13-252 Chapter 9 Art VII Div 1, 2: 9-388 Chapter 9 Art VIII Div 1, 2: 9-422 Chapter 10 Art II FWCC 22-956 FWCC 22-957 Chapter 10 Art III Chapter 15 Art V Div I FWCC 22-952 56 Title 8 Traffic and Vehicles Chapter 8.05 - Traffic and Vehicles in General Chapter 8.10 - Commute Trip Reduction (CTR) Chapter 8.15 - Impoundment for No License Chapter 8.20 - Motorized Foot Scooters Chapter 8.25 - Bicycles Chapter 8.30 - Speed Limits Chapter 8.35 - Cruising Chapter 8.40 - Street Use Restriction Chapter 8.45 - Equipment Chapter 8.50 - ParkinQ Generally Chapter 8.55 - Fire Lanes Title 9 Animals Chapter 9.05 - Administration and Enforcement Definitions. Purpose. Contract with county. Criminal penalty. Civil penalty. Personal obligations. Costs of enforcement action. Waiver of fees and penalties. Additional enforcement. Euthanasia rate targets. Canvassing program. Use of revenue from canvassing program and sale of juvenile licenses. Exemptions. Release from confinement. Monitoring. Mandatory spaying and neutering. Spay/neuter vouchers. Education. Breeder certification program. Chapter 9.10 - Animal ReQulations Cruelty declared unlawful. Fowl and rabbits. Livestock. Exotic animals. Guard dogs. Unlawful acts against police department dogs - Penalty for violation. Sale or giving away of unaltered dogs and cats. Advertisements for unaltered dogs and cats. Chapter 9.15 - Animal Nuisances Chapter 9.20 - Rabies Control Chapter 9.25 - Dangerous Dogs Chapter 9.30 - Vicious Animals Chapter 9.35 -Impoundment Chapter 9.40 - Animal Licenses Chapter 9.45 - Animal Related Businesses Chapter 15 Chapter 15 Art I Chapter 15 Art VII Chapter 15 Art VIII Chapter 15 Art IX Chapter 15 Art VI Chapter 15 Art III Chapter 15 Art V Div 3 Chapter 15 Art V Div 4 Chapter 15 Art V Div 2 Chapter 15 Art IV Div 1, 2 Chapter 15 Art IV Div 3 Chapter 4 Chapter 4 Art I (partial) Art /I Div 1, 2, 3 FWCC 4-1 FWCC 4-2 FWCC 4-3 FWCC 4-4 FWCC 4-5 FWCC 4-6 FWCC 4-7 FWCC 4-8 FWCC 4-9 FWCC 4-16 FWCC 4-19 FWCC 4-20 FWCC 4-21 FWCC 4-22 FWCC 4-23 FWCC 4-24 FWCC 4-25 FWCC 4-26 FWCC 4-27 Chapter 4 Art I (partial) FWCC 4-10 FWCC 4-11 FWCC 4-12 FWCC 4-13 FWCC 4-14 FWCC 4-15 FWCC 4-17 FWCC 4-18 Chapter 4 Art V Chapter 4 Art V/I Chapter 4 Art IV Chapter 4 Art VI Chapter 4 Art VIII Chapter 4 Art /II Chapter 9 Art I V Div 1, 2, 3 57 Title 10 (Reserved) Title 11 Utilities Electrical and Communication Chapter 11.05 - Electric Installation Chapter 11.10 - Cable Communications Systems Solid Waste Chapter 11.15 - Solid Waste in General Chapter 11.20 - Solid Waste Collection ReQulations Chapter 11.25 - Solid Waste Collection Comoanies Chapter 11.30 - Solid Waste Rates. CharQes. and Bil/inQ Procedures Surface Water Utility Chapter 11.35 - Surface Water Utility in General Chapter 11.40 - Surface Water Policy Chapter: 11.45 - Surface Water Rates and Charoes Chapter 11.50 - Surface Water Billino Procedure Title 12 Businesses Chapter 12.05 - Registration Business registration. Chapter 12.10 - Adult Entertainment Chapter 12.15 - Pawnbrokers and Secondhand Dealers Chapter 12.20 - Private Security Systems Chapter 12.25 - Temporary Businesses Chapter 12.30 - Public Dances and Dance Halls Chapter 12.35 M::lss::lge Businesses Chapter 12.40 - Bathhouses Chapter 12.45 - Taxicabs Chapter 12.50 - Alarms Chapter 12.55 - Fireworks Title 13 Buildinas Buildinas and Buildina Reaulations Chapter 13.05 - BuildinQs in General Chapter 13.10 - Buildino Reoulations Administration Chapter 13.15 - Building Construction Standards Chapter 13.20 - Five-Story Wood Frame Buildings Chapter 13.25 - Plumbing Code Chapter 13.30 - Mechanical Code Chapter 13.35 - Existing Buildings Chapter 13.40 - Swimming Pools - Hot Tubs - Spas Chapter 13.45 - Moving Buildings Chapter 13.50 - Electrical Code Chapter 13.55 - Fire Code Fire Prevention 3nd Protection Chapter 13.55 Fire Prevention in General Chapter 13.60 Fire Prevention Administration Ch::lptor 13.65 Fire Code Chapter 13.70 Fire AI3rms 3nd Sprinkler System€: Ch::lpter 13.75 Smoke Detectors Chapter 12, 16 Chapter 16 Art II Div 2 Chapter 9 Art I XI Chapter 12 Chapter 12 Art I Chapter 12 Art II Chapter 12 Art III Chapter 12 Art I V Chapter 16 Art III Chapter 16 Art III Div 1 Chapter 16 Art III Div 2 Chapter 16 Art III Div 3 Chapter 16 Art III Div 4 Chapter 9 Chapter 9 Art II FWCG 14-138 Chapter 9 Art III Div 1, 2, 3, 4 Chapter 9 Art V Div 1, 2, 3, 4 Chapter 9 Art VI Div 1, 2, 3, 4 Chapter 9 Art VII Div 1, 2 Chapter 9 Art VIII Div 1, 2 Ch:JfJtcr 9 Art IX Div 1, 2, 3, 4 Chapter 9 Art X Div 1, 2, 3, 4 Chapter 17 Art /I Div 1, 2, 3A, 38, 3C, 4, 5, 6 Chapter 3 Chapter 8 Art I Chapter 5, 8 Chapter 5 Chapter 5 Art I Chapter 5 Art II Chapter 5 Art III Chapter 5 Art IV Chapter 5 Art V Chapter 5 Art VI Chapter 5 Art VII Chapter 5 Art VIII Chapter 5 Art IX Chapter 5 Art X Chapter 5 Art XI Chapt-er 8 Ch:1ptor 8 Art ,I, Ch:JfJtor fJ Art /I Dfv 1 Ch:1pto.... 8 Art JJ D.iy 2 Cf:1:1ptor 8 Art II Di~' 3 Ch3{)to:~ 8 Art 1,1 D,iy 4 Ch3{)ror 8 Art !!! 58 Title 14 Environmental Policy Chapter 14.05 - Environmental Policy in General Chapter 14.10 - Environmental Policy Administration Chapter 14.15 - Categorical Exemptions I Threshold Determinations Chapter 14.20 - Environmental Impact Statement Chapter 14.25 - Environmental Policy Statement Chapter 14.30 - Critical Areas Title 15 Shoreline Manaaement Chapter 15.05 - Shoreline Management Title 16 Surface Water Management Surface Water Manaaement Chapter 16.05 - Surface Water Manaaement in General Chapter 16.10 - Administration and Enforcement Chapter 16.15 - Regulated and Exempt Activities Chapter 16.20 - Requirements Chapter 16.25 - Approval Standards Chapter 16.30 - Adjustments Chapter 16.35 - Ownership, Operation, and Maintenance Requirements Water Qualitv Chapter 16.45 - General Water Qualitv and Enforcement Erosion and sodimont3tion rogul3tion. Scope. Quality of water entering streams and lakes. Quality of water entering the public stormwater system. Quality of water entering the ground. Special enforcement provisions. Discharaes as public nuisances and violations. Chapter 16.50 - Discharges into Federal Way Waters and Storm Drainage Systems Chapter 16.55 - Best Management Practices Title 17 (Reserved) Title 18 Subdivisions Chapter 18.05 - Subdivisions in General Chapter 18.10 - Boundary Line Adjustments Chapter 18.15 - Lot Line Eliminations Chapter 18.20 - Binding Site Plans Chapter 18.25 - Zero-lot Line, Small Lot. and Cottage Development Chapter 18.30 - Short Subdivision Plats Chapter 18.35 - Preliminary Plat Chapter 18.40 - Final Plat Chapter 18.45 - Alterations of Plats Chapter 18.50 - Vacation of Subdivisions Chapter 18.55 - Design Criteria Chapter 18.60 - Subdivision Improvements Chapter 18 Art II Chapter 18 Art " Div 1 Chapter 18 Art " Div 2 Chapter 18 Art " Div 3 Chapter 18 Art " Div 4 Chapter 18 Art " Div 5 Chapter 18 Art " Div 6 Chapter 18 Art III Div 1, 2 Chapter 18 Art 11/ Div 1, 2 Chapter 21 Chapter 21 Art I, Chapter 21 Art 1/ Div 1 Chapter 21 Art II Div 5, Chapter 21 Art III Div 1, 3 Chapter 21 Art 11 Div 2 Chapter 21 Art II Div 3 Chapter 21 Art " Div 4 Chapter 21 Art /I Div 6 Chapter 21 Art /II Div 2 Chapter 21 Art IV Chapter 21 Art IV Div 1, 4; Chapter 22 Art XIII Div 12 partial FWCC 22 918 FWCC 22-1196 FWCC 22-1197 FWCC 22-1198 FWCC 22-1199 FWCC 22-1200 FWCC 22-1201 Chapter 21 Art IV Div 2 Chapter 21 Art IV Div 3 Chapter 20 Chapter 20 Art I, Chapter 20 Art /I Div 1 Chapter 20 Art /I Div 2 Chapter 20 Art /I Div 2 Chapter 20 Art /I Div 3 Chapter 20 Art /I Div 5, 6, 7 Chapter 20 Art /I Div 8 Chapter 20 Art /I Div 9 Chapter 20 Art /I Div 10 Chapter 20 Art /I Div 11 Chapter 20 Art /I Div 12 Chapter 20 Art 11/ Chapter 20 Art IV 59 Chapter 18.65 - Public Improvement Assessments Title 19 ZoninQ and Development Code Administration Chapter 19.05 - Zonino and Development in General Chapter 19.10 - Enforcement Zoning citation. Civil enforcement. Chapter 19.15 - Permits and Review Processes Chapter 19.20 - Permits and Certificate of Occupancy Chapter 19.25 - Bonds Chapter 19.30 - Nonconformance Chapter 19.35 - Amendments Development Process Chapter 19.40 - Preapplication Process Chapter 19.45 - Variances Chapter 19.50 - Interpretations Chapter 19.55 - Process I - Director's Approval Chapter 19.60 - Process 11- Site Plan Review Chapter 19.65 - Process III - Project Approval Chapter 19.70 - Process IV - Hearing Examiner Chapter 19.75 - Process V - Quasi-Judicial Rezones Chapter 19.80 - Process VI - Council Rezones Chapter 19.85 - Development Agreements Mitiaation and Fees Chapter 19.90 - Transportation Concurrency Management Chapter 19.95 - School Impact Fees Chapter 19.100 - Mitigation of Development Impacts Development ReQulations Chapter 19.105 - General Development Reoulations Building site. Essential public facilities. Lighting regulation Limitations on Development Activities and Heavy Equipment Operations Chapter 19.110 - Densitv and Dimensions Affordable housing regulations. Calculating lot coverage. Rounding of fractions of dwelling units. Regulation of distance between structures - Regarding maximum horizontal facade Compliance generally Exceptions. Rooftop appurtenances - Required screening. , Increases to single-story construction limits - City center core/frame. - Chapter 19.115 - Community Design Guidelines Chapter 19.120 - Clearino, Gradino. and Tree and Veoetation Retention Planting requirements for certain trees. Chapter 19.125 - Outdoors. Yards. and Landscapino PI::mting requirements for cert::lin trees. Chapter 20 Art V Chapter 22 Chapter 22 Art I, II Chapter 22 Art I Chapter 22 Art II Div 5 partial FWCC 22-128 FWCC 22-129 Chapter 22 Art II Div 1 Chapter 22 Art II Div 7 Chapter 22 Art II Div 6 Chapter 22 Art IV Chapter 22 Art 11/ Div 1, 2, 3A, 38, 3C Chapter 22 Art XX Chapter 22 Art II Div 8 Chapter 22 Art IV.A Chapter 22 Art IV. B Chapter 22 Art V Chapter 22 Art VI Chapter 22 Art VII Chapter 22 Art VIII Chapter 22 Art IX Chapter 22 Art XXI Chapter 19 Art IV Chapter 14 Art VI Chapter 19 Art II Div 2 Chapter 22 Art XIII Div 1 partial, Chapter 22 Art XIII Div 3 FWCC 22-953 FWCC 22-946. 1 FWCC 22-954 FWCC 22-1006 Chapter 22 Art XIII Div 1 partial; Chapter 22 Art XIII Div 5 FWCC 22-976 FWCC 22-955 FWCC 22-961 FWCC 22-964 FWCC 22-1046 FWCC 22-1047 FWCC 22-960 FWCC 22-977 Chapter 22 Art XIX Chapter 22 Art XIII Div 7 FWCC 22-962 Chapter 22 Art XIII Div 4, 8 partial, 9 partial; Chapter 22 Art XVII FV'/CC 22 962 60 Garbage and recycling receptacles - Placement and screening.. Scope of division Exceptions and limitations in some zones. Structures and improvements. Outdoor uses, activities and storage. Outdoor Activities and Storage Application of division. Outdoor Activities and Storage Commercial and industrial uses. Chapter 19.130 - Off-street Parking Residential uses. Driveways and parking areas. Chapter 19.135 - Development Improvements Sight Distance at Intersections Permissible intrusion in the area to be kept clear of sight obstruction. Chapter 19.140 - Signs Chapter 19.142 - Flood Damage Prevention Critical Areas Chapter 19.145 - Environment and Critical Areas in General Chapter 19.150 - Critical Areas Administration Chapter 19.155 - General Site Design Requirements Chapter 19.160 - Geologically Hazardous Areas Chapter 19.165 - Streams Chapter 19.170 - Regulated Lakes Chapter 19.175 - Regulated Wetlands Chapter 19.180 - Regulated Wellheads Chapter 19.185 - Critical Aquifer Recharge Areas and Wellhead Protection Areas ZoninQ Reoulations Chapter 19.190 - General Zoning Regulations Chapter 19.195 - Suburban Estate (SE) Chapter 19.200 - Single-Family Residential (RS) Chapter 19.205 - Multifamily Residential (RM) Chapter 19.210 - Professional Office (PO) Chapter 19.215 - Neighborhood Business (BN) Chapter 19.220 - Community Business (BC) Chapter 19.225 - City Center-Core (CC-C) Chapter 19.230 - City Center-Frame (CC-F) Chapter 19.235 - Office Park (OP) Chapter 19.240 - Commercial Enterprise (CE) Chapter 19.245 - Corporate Park (CP-1) Supplemental Zonino Reoulations Chapter 19.250 - Cottage and Compact Single-Family Housing Chapter 19.255 - Personal wireless service facilities Personal wireless service facilities (PWSF) Development standards. Nonconformance. Temporary personal wireless service facilities. FWCC 22-949 FWCC 22-1131 FWCC 22-1132 FWCC 22-1133 FWCC 22-1134 FWCC 22-1111 FWCC 22-1113 Chapter 22 Art XIII Div 11; Chapter 22 Art XV FWCC 22-1112 FWCC 22-1135 Chapter 22 Art XVI FWCC 22-1151 FWCC 22-1160 Chapter 22 Art XVIII Chapter 21 Art V Chapter 22 Art XIV Chapter 22 Art XIV Div 1 Chapter 22 Art XIV Div 2 Chapter 22 Art XIV Div 3 Chapter 22 Art XIV Div 4 Chapter 22 Art XIV Div 5 Chapter 22 Art XIV Div 6 Chapter 22 Art XIV Div 7 Chapter 22 Art XIV Div 8 Chapter 22 Art XIV Div 9 Chapter 22 Art XI Div 1 Chapter 22 Art XI Div 2 Chapter 22 Art XI Div 3 Chapter 22 Art XI Div 4 Chapter 22 Art XI Div 5 Chapter 22 Art XI Div 6 Chapter 22 Art XI Div 7 Chapter 22 Art XI Div 8 Chapter 22 Art XI Div 8 Chapter 22 Art XI Div 9 Chapter 22 Art XI Div 10 Chapter 22 Art XI Div 12 Chapter 22 Art XII Chapter 22 Art XIII Div 1 partial FWCC 22-966 FWCC 22-967 FWCC 22-968 FWCC 22-969 61 Application requirements. Collocation. EMF standards and interference. Removal of facility. Permit limitations. Revocation of permit. Chapter 19.260 - Animals Animals in home occupations Chapter 19.265 - Accessory Uses and Facilities Accessory uses, facilities and activities. Accessory dwelling units. Chapter 19.270 - Home Occupations Chapter 19.275 - Temporary Uses Regulation of temporary trailers for construction and real estate sales offices FWCC 22-970 FWCC 22-971 FWCC 22-972 FWCC 22-973 FWCC 22-974 FWCC 22-975 Chapter 22 Art XIII Div 2 FWCC 22-1071 Chapter 22 Art XIII Div 1 partial FWCC 22-946 FWCC 22-965 Chapter 22 Art XI Div 6 Chapter 22 Art X FWCC 22-963 62 COUNCIL MEETING DATE: December 2nd, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Addressing Amendments Relating To Business Regulations In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING BUSINESS REGULA TIONS IN THE FEDERAL WAY CITY CODE? COMMITTEE: Finance, Economic Development, and Regional Affairs MEETING DATE: Nov. 25th, 2008 CA TEGORY: D Consent D City Council Business o Ordinance D Resolution D D Public Hearing Other ~!~~F ~POI!T ~!.: AARON WALLS, DEP.!!TXSI1)'_~I!9RNEY,______,____...___~E~~~_ Law _.__._______.._. Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number issues relating to business regulations including opportunities to remove redundancies, make language and provisions consistent, and repeal massage regulations as required by state law. (State law currently preempts local massage practitioner regulations.) Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report., Ordinance. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on December 2nd. 2. Modify the proposed Ordinance and forward to the full council for first reading. 3. Do not approve the proposed Ordinance. STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: ~ ~ COMMITTEE RECOMMENDATION: DIRECTOR APPROVAL: ~ Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move to forward the ordinance to a second reading for enactment on the January dh consent agenda". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACfION: 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 # 63 ORDINANCE NO. AN ORDINANCE relating to business regulations, repealing sections, adding sections, and amending sections in Chapter 3, 9, and 14 of the Federal Way City Code. WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found redundant sections and language as well as unclear sections, inaccurate sections, and other sections that could be revised for better readability and workability; and business regulations can be simplified and consolidated; WHEREAS, certain Code provisions need to be modified to coordinate with state and county law requirements in areas of business regulations; WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change numbering or formatting changes that occur pursuant to the reorganization of the Code and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to update its code, and amending these sections bears a substantial relation to public health, safety, or welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS SECTION 1. Chapter 3, Article I, Section 3-6, of the Federal Way City Code shall be amended to read as follows: 3-6 Alarm business duties. (a) Every alarm system monitoring company engaging in business activities in the city of Federal Way shall : (1) Be registered to do business in the city of Federal Way. (2) Submit standard user form instructions to the police chief. If the police chief finds the instructions are iacorpofate incoherent, unclear, or inadequate, the police chief may require the alarm business to 64 revise the instructions to comply with subsection (a)( 4) of this section and then to distribute the revised instructions to its alarm users. (3) Provide the police chief information about the nature of its property alarms, burglary alarms, robbery alarms and panic alarms; its method of monitoring; its program for preventing false alarms; and its method of disconnecting audible alarms. (4) Furnish the user with instructions that provide information to enable the user to operate the alarm system properly and information on how to obtain service for the alarm system at any time. The alarm business shall also inform each alarm user of the requirement to obtain a registration and where it can be obtained. (5) Establish a process for alarm verification. The verification process shall not take more than five minutes, calculated from the time that the alarm signal has been accepted by the alarm business monitoring the system, until a decision is made whether to call for a police dispatch. The means of verification may include one or more of the following: a. The establishment of voice communication with an authorized person at or near the premises who may indicate whether or not need for immediate police assistance or investigation exists; b. A feature that permits the alarm system user or a person authorized by the user to send a special signal to the alarm system monitoring company that will cancel an alarm immediately after it has been sent and prevent the monitoring company calling for a police dispatch; c. The installation of a video system that provides the alarm system monitoring company when the signal is received with the ability to ascertain that activity is occurring which warrants immediate police assistant or investigation; d. A confirmation that a signal reflects a need for immediate police assistance or investigation either by the alarm system user, or a person at or near the premises before dispatching police; or e. An alternate system that the police chief determines has, or is likely to have, a high degree of reliability. (6) Coordinate with the department's communication center to develop a process to cancel an alarm dispatch that is consistent with the communication center's standard operating procedures. (7) Provide the department's communication center when requesting an alarm response with the registration number for that premise, and the department need not respond if the registration number if not provided. (Ord. No. 93-193, 9 6, 11-9-93) SECTION 2. Chapter 9, Article II, Section 9-34, of the Federal Way City Code shall be amended to read as follows: 9-34 Home occupations. The business registration fee for businesses operating as home occupations in residential zones ffi eomplianee ".villl F\HCC 22 1 Gee et seq. shall be the usual business registration fee. (Ord. No. 91-86, 9 1(8),'2-5-91) SECTION 3. Chapter 9, Article III, Section 9-76, of the Federal Way City Code shall be amended to read as follows: 9-76 Activities not prohibited. This article shall not be construed to prohibit: (1) Plays, operas, musicals or other dramatic works which are not obscene as defiaed iR F\HCC 9 126; (2) Classes, seminars and lectures held for serious scientific or educational purposes; or (3) Exhibitions or dances which are not obscene. Whether or not activity is obscene shall be judged by consideration of the following factors: 65 (1) Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and (2) Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.OI0(2)(b); (3) Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. No. 90-55, ~ 9(0),5-1-90; Ord. No. 95-241, 9 1, 8-15-95) SECTION 4. Chapter 9, Article IX, including Sections 9-463 through 9-503, of the Federal Way City Code shall be repealed: 9 463 DefinitioRs. for the purposes of this ehapter, the f'Ollm.ving terms, words afld phrases shall ha"/e the f'Ollo".viflg meafllngs: (1) City meaHS the cit)' of Federal 'Hay, 'Nashiflgton. (2) Cit), clerk mcaflS the city clerk of the cit), of Federal \I/a)', \Vashiflgton. (3) COflvietiofl meaflS afl aC:ljl:u:ticatiofl or cOflviotioR of gHilt and occurs at such time as a plea of gHilt), has beeR accepted or a verdict of guilt), has beefl filed, flot\vithstaRdiflg the pefldeflc)' of aR)' future proceediflgs iRelHdiRg but Rot limitea to seRteflciRg or dispositiofl, post trial or post fact fiflaiflg motiofls, and appeals. C01r,ictiofl also meaflS a bail f'Orf-citure afld iflcluaes all iastaflces ifl "Nhieh a plea of aolo cOfltefldere is tHe basis f'Or tHe cOfl",iction afld all proceeaiflgs in \vHieH the sefltefl()e Has beefl def-erred or suspeflded. (1) Geaitals meafts geDitals, pubio area, aftUS, or periReuffi of aay perSOfl, or the "/ulva or breasts of a f-emale. . (5) ~f8:flager meaDS afty persofl ....Iho maDages, directs, administers, or is ifl ch.arge of, the affairs aftdlor tHe cORduct of aay portiofl of any acti";ity iflyoI-:iflg massage practitioners OCCUrriRg at afl)' place offering massage. (6) Massage meaRS tHe treatmeflt of a HumaR body by aflotHer b}' the external maflipHlatioR or pressure of soft tissue. Massage ifleludes rubbiRg, lrneadiRg, tOHchiRg, strokiflg, tapping or aft)' otHer manipulatioRs with or V;itH01:lt the aids of superfieial heat, cold, ".vater, lubricaflts, or salts, aRa ineluding the use of equipment, maCHinery or appliances. (7) ~4assage b1:lsifless meaHS the operatiofl of a business pro",iding massages. (8) ~4assage practitioRer meaflS a person eRgaged in the practice of massage. (Ord. No. 95 229, ~ 1, 3 21 95) 9 464 Business registFation. URless othen"/ise specified, tHe general business registratiofl pro";isiofls, cORtaiRed iR CHapter 2 F'HCC, shall appl)' to tHis license sectioD. (Ord. No. 95 229, ~ 1, 3 21 95) 9 465 Penalties. (a) Criminal penalty. .('\.R)' persoft violatiRg aRY of the terms Bf tHis article shall be guilty ef a misdemeaftor aRd 1:IpOR cOftyietioR thereof be p1:lRished as pr'O",ided iR F\VCC Lll. (b) Civil peRal!y. In additiofl to aft)' other peRalt), provided iR this sectioR or f:>:y law, aR)' perSOfl "."/ho ",iolatcs aft)' pro"/isioR of aft)' busiRess lieeRse ordinance shall be subject to a civil peRalt), iR an am01:lflt not to exceed $250.00 per violation to be directly assessed by the cit), clerk '..II ci"/il peRftlties assessed will be eRforced aHd eollected with the procedure specified HRder this article. (Ord. No. 95 229, ~ 1,3 21 ~ 66 9 ~66 ~\dditianal enfareement. Notv:ithstaRdiRg the existeRee or Hse of aIty other remedy, the €lit), may seek legal or eqHitable relief to enjoiR aRY aets or praetiees '.~/hieh eOHstitute or \vill eOHstitute a ~:iolatioH of afty pro~/isioHS of this artiele. (Ord. No. 95 229, ~ 1, 3 21 95) 9 471 Lieense far busine~s required. It is HHla'.vful to eORdHet, operate or maiRtaiR a massage busiRess HHless sHch establishmeRt or premises is li0eHsed as hereiRafter proyided. (Ord. No. 95 229, ~ 1,3 21 95) 9 472 Lieense far massage praetitiaBers. It is uRlawful for 8R)' perSOR to perf1)rm a massage or represeRt himself or herself as a massage praetitioRer ~;/ithol:lt beiRg ia possessioH of a el:lrr-eHt, ~lalid '.If ashiRgtoR State massage praetitioRer's liceRse. (Onl. No. 95 229, ~ 1,3 21 95; Ord. No. 03 453, ~ 1, 11 4 03) 9 ~73 Lieense far managers. It is l:lRla'.vful for aRY persoR to maaage a massage hHsiRess ~llithOHt first applyiRg for aRd reeei':iRg a massage maRager lieeRse. (OFd. No. 95 229, ~ 1,3 21 95) 9 47 ~ Lieense Expiration Due date. (a) ExpiratioR. ~AJI lieeRses is~med or reRe~.ved HRder the pro~;isioRS of this 0hapter shall expire OR the thirty first of De€lember of ea0h year. (b) DHe date. 1'..11 lieeRse fees FeElHired by F\VCC 2-ill, aRd pHrsHant to the Federal \Va)' fee resolHtioR, ari) payable to the €lity at least foHr weeks prior to the openiBg of any massage bHsiBess, or the performaft€le of aR)' massage. (0) Pro ratioH. The eHtiri) ar..nHal IieeRse fee shall be paid for the atlplieable ealendar year regardless of ':I8eH the applieatieR for li0eRse is made, aHd shall Bet be prorated fer aft)' part of the year exeept that if the original applieatioft f-or lieeRse is made sl:lbseqHent to JHRe 30th, the li0eRse fee for the remai8der of that year shall be ORe half of the ar..nHal lieeRse fee. ~A....iftHal lieeRse Fe8ewals shall be required to be obtaifted aRd paid iR full by JaRl:lal)' 31st of eaeh Fespeeti~;e ealeHdar year. (d) Failure to reflew. FailHre to reflew shall iHvalidate the lieeRse aHd all pri....ileges graRted to the lieeflsee. (Ord. No. 95 229, ~ 1,3 21 95) 9 475 Lieense fees. (a) f..mOl:lRt of fee. ;\ppli€laRts seeking a liee8se uRder this €lhapter for massage lmsiRess and/{)r massage maHager shall sHbmit a eompleted applieatioH form as proseribed herei8 together ';;ith a fi)e as provided iR the fee sehodHle kept OR file v/ith the eit)' elerk SHeh f-ees shall be i8 additiOR te g08eral bHsiRess liceRse fees WHere applicable. For massage pmetitioner (80t employee of registered massage bl:lsi8ess) the geReral bl:lsiRess lieense reqHiremeHts of Chapter 9, Artie Ie II, shall apply. (b) Late peRalty. ~A.. late penalty shall be eharged OR all applieations for r-eBewal of a lieeRse reeeh'ed later thaft se-o'eR vlorkiRg days after the expiration date of sl:10h liceRse. The amouRt of SHch peRalty is fixed as follo-;/s: Days Past Due .l\dditional Peree8tage of Liee8se Fees ~ ~ 31 60 ~ 61 aRd o~/er +00% (Or<1. No. 95 229, ~ 1,3 21 95; Om. No. 03 453, ~ 2, II 4 03; Ord. No. (H 473, ~ 1, 12 7 04) 67 9 176 LieeRse applieatioRs. (a) ~fassage lmsiness. ~^.JI applications f.or a massage business liceftse or license renewal shall be submitted in the name of the person or entity proposing to conduct such massage business on the lmsiness premises, shall be signed by such person or his or her legally authorized agent, and notarized or certified as true 1:lHder peftaky of perjul)'. All applicatiofts shall be submitted on a form supplied by the city derk, '.vhicR shall r-equire the follo'l+,ing informatioH: (1) The name, residence address, resiaence telephone number, date and place of birth, dri'/er's license Humber, and Social Seeurity Humber of the applicant if the applicant is an individual or tax identification number if the applicant is a corporatioH or other entity; (2) The business name, addr-ess ana telephone number oftRe establishment; (3) The Rames, addresses, telephone numbers 8.fla social security numbers of any partners, corporate offieers, or shareholders ';;ho o\';n 10 percent or more of the business, or other persons .....ho have a substafttial interest or maHagemeHt respoRsibilities in eonnection '.vith tRe business, specifying the iflterest or maflagement resf30nsibility of each. For the f3urpose of this subsection "substantial iRterest" shall meaR o\vnership of 10 f3erceRt or more of the business, or any other kiHd of contribution to the busiHess of the same or greater size; (4) The Hame of the landlord or property owner of the property on '.vhich the busiRess is situated. (b) ~{assage manager. All applications for a massage maHager's license or liccHse reHc';.al shall be signed by the applicant aHd flotarized or certified to be true under f)(;)Ralty of perjul)'. ~ALIl apf31ications shall be submitted OH a form supplied by the eity clerk, \vhich shall require, at a minimum, the follo'.ving iHf.ormatioR: (1) The applicant's name, residence address, residenee telephone number, date and place of birth, driver's license Humber and social security Humber; , (2) ~AL letter, Elated no more than 30 days prior to the date of the sl:lbmission of the applicatioR, from the o':lner of the lmsiaess ifldicatiag intent to emplo)' the applicant on a specified date; (3) 'Nritten proof that the applicant is 18 years of age or older. \Vritten proof shall mean the following: a. ~^L current motor vehiele operator's HeeRse issued by aft)' state bearing the apf31icant's photograph afld date of birth; or b. fL '.~alid identification card issued by the state of 'Hashington v.hieh bears the applicaRt's photograph and date of birth; or c. A curr-eftt passport; (4) The mailing address and street address of all places v.ithin the eity of Federal \Vayat '::hieh the massage manager will proyide serviees. The massage manager shall notify the city clerk, in writing, of any ehanges ia, or additions to, the loeation of such services ';{ith.in 1 4 days of any sl:lch change or addition. (c) Backgrouad cheeks. fLll applications submitted pursuant to this ehapter will be submitted to a background check in aecor4ance with the procedures ofth.€! Federal Way police department. (Or4. No. 95 229, ~ 1,3 21 95; Ord. No. 03 453, ~ 3, 11 4 03) 9 477 StaRdams faF deBial of applieatioR faF lieeRse. ea) ~fassage ausiaess lieease. Th.e city clerk may deny any massage business license request if he or she determiaes that the applieam: has: (1) ~4ade any material misstatement in the applieation f.or a license; (2) Proposed a place of business or operates a busiaess ,....hich fails to comply with all applicable requirements of th.is Code including witham limitation the zoning, building, health 8fld fire codes and all other applicable local, state, or federallw.'ls, rules or regulations; (3) Had any convietions ';;hich have a direct eonnection with. the licensed activity iaeluding, but not limited to, theft, prostitution, promotion or permitting prostitution, sexual offenses, coaSHmer fral:ld, massage praetitioner or massage manager '/iolation, or obscenity v/ithin fi'ie years prior to tRe date of such applicatioa; or 68 ( 4) Had a massage lmsmess lieense denied, revoked or s1:lspended by the eity or aRj' other j1:lrisdietion '.vithin fi';e years prior to the date of such applieation. (b) Massage manager lieense. The eity derk may deny any massage manager lieense applied for 1:lnder the pro'lisions of this ehapter if the eity derk determines that the applicant has: (1) ~fade any material misstatemeRt in the application for a lieeRse; or (2) Had an)' convietions whieh have a direet eonneetion ':Iith the lieensed aeti'/ity ineh.:lding, but not limited to, theft, pr0stirntion, sC]{ual offeRse, eonsumer fraud, massage praetitioner or manager ',iolation, 0r obseenity, \vithin fiye years prior to the date of applieation; or (3) Had a massage praetitioner or massage manager license denied, rey/oked or suspended by the eii)' or afty other jurisdietion vlithin fiye years prior to the date of application; or ( 4) Had a Washiftgton State massage praetitioner's lieeftse suspended or re';oked whieh had been iS~l1:led pursuant to Chapter 18.198 RC\l/, as no'.... existing or hereafter amended or had afty professioRal license reyolced which had beeR issued p1:lrSMaHt to RC\V Title 18, as now existing or hereafter ameRded, '.vhieh license authorized perfofffiing massage treatments. (e) Effect of license denial. If any applicant has a license denied based 1:lpOft a eon',ietion classified as a felofty, or an)' other nonfeloR)' eORvietioRs, pursuant to this seetioR, a license shall not be ganted '.yithiR fi"le years from the date of sMeh denial. If aftY applieant has a lieense deRied for an)' other reason, a license shall not be graRted within three years fram the date of s1:leh denial. (Ord. No. 95 229, ~ 1, 3 21 95; Ord. No. 03 440, ~ 4,3 18 03; Ora. No. 03 453, ~ 4, 11 1 03) 9 478 StaBdards fer suspeBsioB or revoeatioB of lieeBse. (a) ~{assage busiRess lieense. The eity clerk may r-evoke ar suspend a massage l3usiness lieense if he or she detefffiines that the lieeRsee has: (1) Failed to eomply \vith F'HCC 2..2Ql, ~ or any of the other requiremeRts of this artiele; or (2) Failed to eomply \":ith the ~plieable buildiRg, health, fire andlar zoning eode proy/isioRs aT '.vith any other applieal:Jle federal, state or laealla'",s, rules or regulatioRs; or (3) Vlith knov/ledge employed perSORS '.vho, '.vithin a period of the preeeding fi'/e years, ha'le been eon',ieted of prostimtion or eORsumer fraud stemming from acti"/ities condueted on the lieensed premises, or ':1110 haye been arrested for sueh 0ff-eRses and which lead to such eonvietions; or (4) Had afty eonyietions v:hieh hw.~e a direet eonneetion with. the lieeRsed aeti',.ity iRdudiRg, but not limited to, eonsumer fraud, theft, eontrolled substanees, prostirntion, permittiRg or promoting prostiwtion, sexual off-enses, or obseeRity; or (5) Failed to comply ".vith or dORe aftything ':..hich eonstitHtes a basis for denyiIlg a lieense applieation. (b) Notice of violation. If the eity elerk, the building offieial, or his or her ageRt determines aMring an inspeetion that the condition of any massage I3Msiness Reeds eorr-eetioR, a writteR Rotice of violatioR shall be issued to the supervisor, maRager, O\"lner, or person iR €iharge spe€iifyiRg sueh ',iolations. Those same violations shall be remedied -.vithiR 48 hours unless a later date is determiRed by the €iii)' elerk. Failure to comply with an)' v/ritten Rotice of "fiolation to make corrections may result iR sMspeRsion or re"foeation of the massage business lieense. (c) ~1assage manager liceRse. The city derk may s1:lspend or reYloke aR)' massage manager liceRse if he or she determiRes that the lieeRsee has: (1) Failed to comply with aft)' 0f the operatiRg requir-emeRts set forth iR F'.vCC 2..2Ql and ~ or failed to eomply .:..ith any of the other requirem.ents of this artiele; or (2) Had an)' eowlietioRs whieh hW/e a direet eonReetion ';/ith. the lieensed aetivity including, 131:1t not limited to, theft, prostiwtioR, eonSMmer fraud, obseeRity, or sexMal offenses; or (3) Failed to comply with or dORe aft}thing ':..hieh eonstimtes a basis for denying a lieense. (d) Effect of lieense re'/oeation. If afty applieant under this article has his or her lieense revaked, a license shall Rot be graRted 1:Inder this artiele for a period of at least five years from the date of s1:leh reyoeatioR. 69 (e) DluatioR of lieeRse sHspeRsioR. The city clerk may sHspeHd a liceHse for RO more thaa six mORths. (Ord. No. 95 229, ~ 1,3 21 95; Ora. No. 03 440, ~ 5,3 18 03; Ord. No. 03 453, ~ 5, 11 4 03) 9 479 TmosfeF of lieeBses aBd ehaBge of loeatioB. (a) Massage bHsiRess. No massage bHsiRess liceRse issued Hflder tHis chapter shall be traRsferable from one person or entity to aRotHer perSOR or entity. Upon tHe sale or transfer of an iRterest greater tHaR 50 pemeRt in a massage bHsiRess, a liceRse SHall beeome mill and yoid. fo. new applicatioR shall be made by any perSOR desiriRg to operate or maiRtain the establisHmeRt and shall iRdllde a release of interest statemeRt from the preyioHs lieeRsee aRd a sigHed lease or rental agreement for tHe establishmeRt. (Ord. No. 95 229, ~ 1,3 21 95; Ord. No. 03 453, ~ 6,11 4 03) 9 480 NatifieatioB of sHspeBsiaD, revaeatiaB, deBialor ei'\'i1 peDalty. 'HheH the city determiHes that there is eaHse for denyiHg, suspending or re'lokiRg afty liceRse issHea tmrSHaRt to this artiele or assessing a eivil penalty, the eity clerk shall notify the person holdiRg sHeR license by persoHal service or registered or certified mail, rerum receipt requested, of the decisioR. The Rotiee shall speeify the groHHds for the deRial, sllspensioft, revocatioH or penal!)' assessmeRt. The civil penalty sRall be due and the denial, sHspensioH or revocation shall beeome effective 10 days from the date the Hotiee is delh'ered or deemed Teeei'led Hldess the perSOH affected thereby files a writteft reqHest '.vitk the ci!)' derk for a heariRg before the heariRg eKamiRer withiR SUCH 10 day period. (Ord. No. 95 229, ~ 1, 3 21 95) 9 481 ...4..uthaFity of heariBg examiBeF. The ei!)' heariftg examiner is designated to hear appeals by parties aggrieved by aetioRs of the eity derk iR sHspeRdiRg, re'/okiRg or deayiRg a lieeRse or assessiRg a eiyil penalty punmaat to this article. The heariRg e~amiaer may adopt reasoRable mles or r-egulatioRs for eORduetiHg its busiRess. Copies of sHeh mles and regulations shall be deli'lered to the ci!)' elerk \\'ho shall make them freely aeeessible to the publie. All deeisions and findiflgs of the hearing examiRer shall be rendered to the appellant in vffitiRg with a eopy to tHe ci!)' elerk. (Ord. No. 95 229, ~ 1,3 21 95) 9 482 Notiee of appeal. ."..n)' perSOH falliag Hader the proyisions of this article ma)' appeal from aRY Hotiee of suspension, denial or fe'locatioR or civil penal!)' assessmeRt by filiag with tHe ci!)' clerk withia 10 days from the date the Rotice is deli'/ered or deemed reeeived, a '.vritteR appeal eORtaining: (1) A heading in the ~Nords "Bef-ore the HearJlg Examiner for tHe oi!)' of Federal '.Vay"; (2) A eaptioR reading "Appeal of " giving the names of all appellants partieipating iR the appeal; (3) .^.. brief statement settiRg forth tHe legal interest of each of the appellaRts participating iR the appeal; (4) f.. brief statemeRt in eoneise laRguage of the speeific order or actioH protested, together vlith aH)' material faets elaimed to SHppOrt the coRteRtions of the appellant; (5) .".. brief statemeRt in coaeise lan.guage of the r-clief sought, and tbe reasons \.':h)' it is elaimed the protested order or aetion should be re'lersed, modified, or otherwise set aside; (6) Tbe sigRarures of all parties Ramed as appellaRts, and their official mailing addresses; and (7) The verifieation, by deelaratioR uRder penal!)' of perjul)', of at least one appellant as to the truth of the matters stated iR the appeal. (Ord. No. 95 229, ~ 1, 3 21 95) 9 483 Date, time, plaee far heariag. ."..s soon as praetieable after receiving the 'NritteR appeal, tHe heariRg m(amiRer SHall fix a date, time, and place f-or the heariRg of the appeal. Slieh date shall be not less theft 10 days Ror more tHan 60 days from the date the appeal was filed with the city derk. \VritteR notice of the time aHa plaee of the heariRg shall be giveR at least 10 days prior to the date of the hearing to each appellant by the bearing eKamiRcr's 70 office either by cal:lsiag a copy of such aotiee to be deli.fered to the appellaRt persoRall)' or by ftlailiag a 00p)' thereof, postage prepaid, aadressed to the appellaRt at his or her address ShOVIR oa the appeal. (Ora. No. 95 229, ~ 1,3 21 95) 9 484 Rights of appellant. ,^..t the heariRg the appellaRt shall be eRtitled to appear iR persOR aHa be represeRted b)' cOl:lHsel and offer sl:lch evideRce pertifteRt aRa material to the actioR of the city clerk. (Ord. No. 95 229, ~ 1,3 21 95) 9 48S Seope of matters eOBsidered in appeal. ORI)' those matters or issues specifically raised by the appellaRt ia the ..yrirteH Rotice of appeal shall be cORsider-ed iR the keariRg of the appeal. (Ord. No. 95 229, ~ 1, 3 21 95) 9 48' \Vaiv-er of right to appeal. faill:lfe of aa)' persOR to file aR appeal iR accordaace .Nith the provisioas of tkis divisioR shall eoastitute a .:Iai./er ef his or her right to aH admiRistrative heariag ftfld adjl:ldicatioR of the Hotice and oroer, or aR)' portion thereof. (Ord. No. 95 229, ~ 1,3 21 95) 9 487 Stay of enfoFeement. ERfofeemeRt of aR)' Rotice aHd oraer of the cil)' clerk shall be sla)'ed auriRg the peadeRcy of aR appeal therefrom y.vhieh is properly aRd timel)' filed. Tke stay shall be lifted UpOR iSSl:laRCe of the HRal decisioft of the city eOHacil. (Ord. No. 95 229, ~ 1,3 21 95) 9 488 ......etiOB after hearing. UpOR completioR of the heariRg, the eXilmiRer shall: (1) I..ccept the city clerl('s recommeRdatioR as preseRted; (2) DetermiRe ao actioR is warranted; or (3) ~10dify the recom.meftded actieR. (Ord. No. 95 229, ~ 1,3 21 95) 9 489l...ppeal fFom hearing eeminer. 1\8 appeal from a decisioR of the heariRg eXaftliRer shall be to the cil)' of Fedefal 'Vay city couRcil afld shall be served aad filed with the city clerk withiR 15 aays of the decisioR of the heariftg examiRer. lR the event the applicaat or license halder does not folIo?1 the pr<lcedures '.vithin the time periods set forth in this di.lision, the actioH of the hearing exaftlifter shall be fiftal. (Ofd. ~lo. 95 229, ~ 1,3 21 95) 9 SOl Sttlndards of safet)' and sanitation. EYer)' maRager, massage pmctitioRer, massage oV.1ier aRa Rfl)' employee or agent of such an establishment shall comply at a minimum ...'lith the f<lllo"Ning health and sanitary reql:lifements: (1) Each room or enclosl:lre '.';here massage services are performes OR patrons shall be pro.:ided ';;ith adequate lighting iR accordance with the bl:lildiRg code, aHa in assitioR, at least ORe artificial light of ROt less than 40 '.varts shall be 13foviaea in each room or eRclosl:lre \vhere services are performed aRa shall be in o13efation vmeR sl:lch services are performed. (2) The premises shall haye eql:lipment for disinfectiRg aad eleaftiRg aORdis13osable iRstnlments and materials used iR asmiaisteriag massage services. Such materials and .iRstnlmeats shall be eleaned after each Hse. (3) Hot aRd cald fHRfliRg water shall be 13roYided at all times. . (4) Eaeh massage 13atFOB shall be furnishes ':Iith an iRdiyial:lal cleaR tO'Nel. T o'Nels shall Bot be rel:lSe8 until the)' hft-ve beeR 'tlashed ana sanitizes. There shall be adeqHate storage facilities for towel aRd mat storage. (5) .t^...ll massage tables, bathtubs, sho'Ner stalls, Sal:lRa baths, steam or bath areas shall have surfaces ...;hich may be reaaily cleaRed. They shall be eO"/eres ".vith siBgle service to'.vels when iR l:Ise. 71 (6) Oils, creams, lotions or other preparations used in administering massages shall be kept in clean containers or eabinets. (7) Dressing, locker and toilet facilities shall be provided upon request for all patrons served at any given time. Upon the reEtuest of a patron, the licensee shall pro'lide the patron with facilities to loek or seeure personal property. ~iale and f-cmale patrons shall not siml:1ltaneously use eommon sho'.ver and/or bathtub, dressing, toilet and massage room facilities. (8) All '.valls, eeiling, floors, pools, sho'.vers, bathtHbs, steam rooms and all other physical faeilities shall be in good repair and maintained in a clean and sanitary condition. 'tVet and dry heat rooms, steam ar "apor rooms, or steam or '/apor eabinets, sho'.ver compartments, and toilet rooms shall be thoroughly ele8.Red each daj' the busiaess is ia operatioa. Bathmbs aad sho'.vers shall be thoroughly cleaned after each use. (9) Each massage praetitioner shall wash. his or her hands in hot rtlRning ';;ater uSing soap or aisiflfeetant before aad after admiRistering a massage to each patron. (10) No person shall eonsume food or alcoholic beverages in massage ''1ork areas. (11) ~A;. person suffering from infectious or eontagious disease( s) transmittable by toueh shall not be treated b)' any licensed massage business or massage praetitioner. A massage practitioner \yho is suffering from infectious or eontagiOl:lS disease(s) shall Rot administer massage serviees. (12) All massage establishments shall eontiRuously comply with all applicable buildiRg, fife and health ordinaRees and regl:11ations. (13) All ph:lmbiRg shall be installed according to the city's plumbing eode and shall be free of poteRtial cross cORnections. All toilet facilities shall be a',ailable as required in the city's plumbing code, applicable to places of assembly. (1 4) All exercise eq1:lipment and applianees shall be routiflel)' cheeked for possible stmemral ':,eaknesses and shall he maiRtaiRed iR a safe aRd sanitary maRRer at all times. (15) Any facilities uSiRg l:1ltra',iolet exposure rooms in their establishment shall post maXlmHm expOSHre time. (Ord. No. 95 229, ~ 1, 3 21 95) 9 592 Standards af eaBduet/opertltiaB. (a) OWRer/manager requirements. The f-ollo';;iRg standards of cORduct aRd operation shall be adhered to by the o\yner, proprietor, manager, or perSOR in eharge of aR)' massage business: (1) Any person ';,ho is employed to gi-;e a massage must be at least 18 years of age and be validl)' licensed as a massage practitioRer pursuant to state lavi. (2) 1'..t all times dl:1ring the hours a massage business is open f-or bl:1siness, aRdlor during the presence of patroRs, at least ORe validly liceRsed massage praetitioner must be on the premises. (3) An)' persoR 'lIho is employed by a massage business must present documentatioR that he or she has attaiRed the age of 18 years when an inspection pursuaRt to this article is eORdl:1cted. Proper documentation shall be as deseribed iR FV1CC ~(b)(3). ( 4) Proyide that all doors in sueh premises, excluding doors iR the office and storage rooms, unless such doors pro,..ide aeeess to service areas, are so eqHipped that they may not be fastened shut so as to preyent reasoRable access by such authorities VfflO announce their authority to eRter prior to inspectioR. (b) 1'.Jllieenses. The follov,ing staftaards of eORauet ana operation shall be adhered to by all licensees: (1) ~A.Jllieenseies shall comply with all applicable federal, state analoealla-.~/s, iRcluding all safety and sanitatioR requiremeats and the city's building, fire aRd zORing codes; (2) ~A.JI liceRsees shall allow alty poliee officer, the city maRager or his or her designee, or a repr-cseRtatiye from the Seattle KiRg COURt)' health department or the Federal '.v ay fire departmeRt eRtr)' to the premises dUriRg the hours the massage busiRess is opeR for busiRess, 1:lpOR preseatatioR of proper ideRtification, for purposes of iRspectiRg tRe premises; (3) ~iaiRtain busiRess receipts sho':liRg the date of service(s) given, the type of service(s) reRdered aRa the Rame and eity lieense Rumber of the employee rendering the service(s). These busiRess receipts shall be retained for a period of three years after the date of the sef\'ice( s), aRd shall be open to iRspeeti08 by the city clerk and the Federal V/ay police aepartment; 72 (4) Post in a prominent plaee a list of all serviees off-ered ...;ith a brief deseription of what the serviee entails aloftg \vith the e0s13 of :meh serviee(s). L'\lI business tFaftsBctioRs ':;ith the eustomers mNst be cOftdNetea ift aeeoraaftce with the said posted list; (5) Not distribNte or eonsume afty aleoholie beverages Bftd/or eontrolled substaRees on lieeRsed premises; aRd (6) Not allow afty Nnlieensed massage. (e) ~4:inors. It shall be unlawful for the owner, maflager, or any massage pfaetitioner, or any employee or agent to admit an)'one Nnder the age of 18 years of age and permit them to remaiR in or aboNt sNeh premises, unless sNeh person is aeeompanied by or presents the v/rittea eoasent af his or her pMeRt or legal gNardiaa. (d) Prostirntion. It shall be unla\'lful for aft)' o.:.'fler, maaager, massage praetitioaer, or an)' employee or age a! to Imowiagl)' harbor, admit, reeeive or permit to be or remaia in or aeoHt sNeh premises afty prostitute or an)' persoR Nader the influeaee of any Rareotie or daRgeroHs drug or to perform or a1l07; to be perform.ed any act, massage or maaipHlatioa ia whieh eORtaet is made '-'lith aftother's geftital life as either by haRd, body or by any meehaaieal deviee ar objeet, 'llhether it is eovered or Naeovered, elothea or NRclotaea, iR \vhale or m part. (e) ClothiRg reqNifed. It shall be HRla..vfuI for an)' 0wner, manager, massage praetitioRer, or any employee or ageRt to aisrobe or be partially disrobed iR the preseRee of another while in any faeility defiaed in this artiele. (0 SupervisioR IBspeetion. The owaer or manager shall have the premises supervised at all times '."-fleR opea for busiRess. R-eoms and stalls used for the purpose of ma5sage shall be eonstruetea in suck a ffianfter as to permit iftspeeti0a. (Ord. No. 95 229, ~ 1, 3 21 95; Ord. No. ()3 453, ~ 7, 11 4 (3) 9 50J IBterBftl wftrBiBg systems prohibited. L^JlY busiRess fe€luired to be liceased Nader this artiele shall Rot iastall 8:fty dedce tfiat is designed as aft iRtemal ./lamiRg system aHd no perSORS shall Nse aR)' de'/ice for alertiRg pefSORS iR other portiafts sf the bHildiftg. (Om. No. 95 229, ~ 1,3 21 95) SECTION 5. Chapter 9, Article X, Section 9-614, of the Federal Way City Code shall be amended to read as follows: 9-614 License - Expiration - Due date. (a) Expiration. All licenses issued or renewed under the provisions of this chapter shall expire on the thirty-first of December of each year. (b) Due date. All license fees required by FWCC 9-615, and pursuant to the Federal Way fee resolution, are payable to the city at least four weeks prior to the opening of public bathhouse. (c) Pro-ration. The entire annual license fee shall be paid the applicable calendar year regardless of when the application license is made, and shall not be prorated for any part of the except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year. (d) Failure to renew. Failure to renew shall invalidate the license and all privileges granted to the licensee. (Ord. No. 95-230, ~ 1, 3-21-95) 73 SECTION 6. Chapter 14, Article IV, Section 14-138, of the Federal Way City Code is hereby repealed as follows: 14 138 Busioess registratioo. No person shall engage in or carry on an)' tmsiness or operate any place f'Or eRtraflce to ':!hich an admission charge is made withoMt first having OBtained from the city a BMsiness registratiofl as pro';ided in Chapter 9 F\VCC. SMch registmtion shall be posted ifl a conspicMoMs place ifl each ticket or box office where tickets of admissioR are sold. (Ord. No. 02 132, ~ 1, 11 19 02) SECTION 7. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 8. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one; changes made in this ordinance are intended to be in addition to any changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. SECTION 9. 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. SECTION 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. 74 SECTION 11. 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 MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIAA. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 75 COUNCIL MEETING DATE: December 2nd, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Addressing Amendments Relating To Civil Enforcement In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING CIVIL ENFORCEMENT IN THE FEDERAL WAY CITY CODE? COMMITTEE: Finance, Economic Development, and Regional Affairs MEETING DATE: Nov. 25th, 2008 CATEGORY: D Consent D City Council Business [8J Ordinance D Resolution D D Public Hearing Other ,ST_~~F ~~Q~!_!JY:_~Q~_~ ~LS, ~PUTr~ITY A :rrq~~Y ___'__________'___~~!T:~a~___,____,__________ Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number issues relating to civil enforcement including opportunities to generally make civil enforcement, penalties, authority and procedures consistent; remove redundancies, and direct enforcement to the Chapter [Title] 1 process for most civil enforcement (except for some specific areas such as alarms and drug seizures). Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report, Ordinance. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on December 2nd. 2. Modify the proposed Ordinance and forward to the full council for first reading. 3. Do not approve the proposed Ordinance. STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: 7ffJf) ~ DIRECTOR APPROVAL: f !rf.- Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move to forward the ordinance to a second reading for enactment on the January dh consent agenda ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # t ST reading Enactment reading ORDINANCE # RESOLUTION # 76 ORDINANCE NO. AN ORDINANCE relating to business regulation enforcement adding sections, amending sections, and repealing sections in Chapter 3, and 9 of the Federal Way City Code. WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found redundant sections and language as well as unclear sections, inaccurate sections, and other sections that could be revised for better readability and workability; and business regulation enforcement can be simplified and consolidated; WHEREAS, certain Code provisions need to be modified to coordinate with state and county law requirements in areas of business regulation enforcement; WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change numbering or formatting changes that occur pursuant to the reorganization of the Code and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to update its code, and amending these sections bears a substantial relation to public health, safety, or welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS SECTION 1. Chapter 3, Article I, Section 3-3, of the Federal Way City Code shall be amended to read as follows: 3-3 Service charges for excessive Calse alarms. (8:1) Service charges will be assessed by the city clerk for excessive false alarms during the registration year as follows: {&.Fourth and fifth false alarms: fee set forth in fee resolution. (.hlSixth and additional false alarms: fee set forth in fee resolution. (b2) The city clerk shall ft6tify send a notice of false alarm determination to the alarm user and the alarm business by regular mail of the fourth and subsequent false alarms. The notice shall include the amount of the penalty fine and the consequences of the failure to pay the penalty flne. The city clerk shall 77 also inform the alarm user of the right to appeal the validity of the false alarm determination, as provided in FWCC 3-9.3 10. If the service charge has not been received in the city clerk's office within 6G 50 days from the day the notice of service charge was mailed by the city clerk's office, and there is no appeal pending on the validity of the false alarm, the city clerk shall send the notice of service charge by certified mail along with a notice of late fee as set forth in fee resolution. If payment is not received within M 14 days of the day the notice of late fee was mailed, the police chief may initiate the no response process and enforcement of penalties. (Ord. No. 93-193, ~ 3, 11-9-93) SECTION 2. Chapter 3, Article I, Section 3-4, of the Federal Way City Code shall be amended to read as follows: 3-4 No response to excessive false alarms. (a) After the sixth false alann in a registration year, the city clerk shall send a notification to the alarm user by mail, which will contain the following: (1) That the sixth false alann has occurred. (2) That if any additional false alarms occur within the remainder of the registration year, the police may not respond to any subsequent alarms without the approval of the police chief and the alarm user registration can be revoked. (3) That the approval of the police chief can only be obtained by applying in writing for reinstatement. The police chief may reinstate the alarm user upon a finding that reasonable effort has been made to correct the false alarms which includes consideration of a letter from user's alarm company, duly registered to do business in the city of Federal Way, which states the alarm system is operating properly and the alarm user(s)' agents are properly trained in the alann system operation. The city of Federal Way shall not be responsible for any costs incurred by the user to qualify for reinstatement. (4) That reinstated users will be billed for any false alarm responses after reinstatement, and will be subject to further revocation after any more false alarm responses during the remainder of the registration year. Registrations will not be reinstated if there are any outstanding fees or service charges due. (5) That the alarm user has the right to contest the validity of a false alarm determination through a false alarm validity hearing as set forth in FWCC 3-9. (b) After the sixth false alarm within a registration year, or in case of a delinquent payment pursuant to FWCC 3-3. there may be no.police response to subsequent alarms without approval of the police chief. If police response is suspended, the police chief shall send a notification of the suspension to: (I) The department's communications center; (2) The department; (3) The alarm user by certified mail; and ( 4) The persons listed on the alarm user's registration who are to be contacted in case of an emergency, by certified mail. (c) The suspension of police response to an alarm shall begin M-14 days after the date of aeliyery service of the notice of suspension of service to the alarm user unless a written request for a false alarm validity hearing has been made in the required time period as set forth in FWCC 3-9. (Ord. No. 93-193, ~ 4, 11-9-93) SECTION 3. Chapter 3, Article I, Section 3-5, of the Federal Way City Code shall be amended to read as follows: 78 3-5 Additional duties of alarm user. (a) The premises An alarm user shall display the registration decal at or near the main entrance of any premise where an alarm is used or operated., which shall be clearly visible and readable from the exterior of the premises. (b) The premises An alarm user shall display the street address at or near the front of the premises and at other places where access is available, such as from an alley or parking lot. The street address shall be clearly visible and readable from the exterior of the premises. (c) If requested to do so by the department, the alarm user or his or her designee shall respond to a premises following activation of an alarm system for '.vhich a registration has been issued within a reasonable time, and in any event, within one hour after said notification. (Ord. No. 93-193,9 5, 11-9-93) SECTION 4. Chapter 3, Article I, Section 3-9, of the Federal Way City Code shall be amended to read as follows: 3-9 Administrative hearing. (a) An alarm user may appeal the validity of a false alarm determination or the assessment of penalties to the police chief. by filing a written notice of appeal with the city clerk within 14 calendar days from the date of service of the notice of a false alarm or notice of any penalty. Service shall be deemed complete upon the third day following the day upon which the notice is placed in the maiL unless the third day falls on a Saturday, Sunday or legal holiday. in which event service shall be deemed complete on the first day other than a Saturday. Sunday or legal holiday following the third day. The city may also request a hearing before the police chief to assess costs, modify previous orders. or to enter other orders as needed. The appeal shall be iB ':Iriting and shall be requested within 10 days of the notice of penalty receiyed from the city elerk's office. Failure to contest the false alarm determination in the required time period results in a conclusive presumption for all purposes that the alarm was false. (b) Within 10 days of the clerk's receipt of the appeal. the police chief shall set a public hearing for a date within 30 days of the clerk's receipt of the appeal. If a hearing is requested, \vritten Written notice of the time and place of the hearing shall be served on the user by the city clerk police chief, by certified mail, at least 10 days prior to the date set for the hearing, ,....hich shall not be more than 21 nor less than 10 days after the filiflg of the request for hearing. (c) The hearing shall be before the police chief or the police chiefs designee. The police chief may appoint another person to be aR admiflistrati'/e heariRg offieer to hear the appeals and to reRder judgmeRt. The alarm user and the ~poliee chief shall have the right to present written and oral evidence. If.tfte police chief determines that the false al8:ffRs alleged haole occurred in a registration year, the police chief may issue ':.ritteR findings \vaiving, expungiRg or entering a false alarm designation on an alarm user's fee6fEh If the hearing officer finds that the appellant has proven by a preponderance of evidence that an alleged false alarm did not occur during the registration year the hearing officer shall vacate the false alarm determination. If the hearing officer finds that the appellant has proven by a preponderance of evidence that any penalties are improper the hearing officer shall waive them. Otherwise the hearing officer shall affirm the false alarm determination and penalties. The hearing officer shall issue a written decision. including fmdings of fact conclusions. and order within 14 days of the hearing. If false alarm determinations designations are affirmed entered on the alarm user's record, the city clerk shall pursue the collection of the penalties peflalty fiRes. If the civil penalty is not found to be proper, then the alarm user shall bear no costs. (d) If a hearing is canceled more than 10 days after its request, then a cancellation fee as set forth in the fee resolution must be paid in addition to the amount of the civil infraction. (e) In accordaftce ':lith RC'.V 46.55.240(1)(d), a decisioR made by an administrative hearing officer may be appealed to the King COURt)' District Court f-or final judgment. (Ord. No. 93-193, 9 9, 11-9-93) 79 SECTION 5. Chapter 3, Article I, Section 3-10, of the Federal Way City Code shall be amended to read as follows: 3-10 Violations- Penalties. In addition to any other penalty. the penalties and regl:1latioRs proy/idea hereiR, [lHl)'ORe] ',vho "/iolates aRj' provisioRs of this chapter shall be fOl:lRd to ha'/e committed a Class I a violation of any provision of this chapter is a civil infraction. (Ord. No. 93-193, ~ 10, 11-9-93) SECTION 6. A new section shall be added to Chapter 9, Article I, of the Federal Way City Code (FWRC 12.05.002) to read as follows: 9-2 [FWRC 12.05.002) Enforcement and authority. The city clerk has the authority to adopt rules and regulations to carry out the provisions of this chapter rTitle] and has the authority to administer and enforce this chapter [Title] and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter rTitle] or any such rule or regulation. SECTION 7. A new section shall be added to Chapter 9, Article I, of the Federal Way City Code (FWRC 12.05.003) to read as follows: 9-3rFWRC 12.05.0031 Applicabilitv. Unless otherwise specified. the provisions contained in this article rchapterl apply to licenses and regulations under any chapter in this chapter (Title]. SECTION 8. Chapter 9, Article II, Section 9-27, of the Federal Way City Code shall be amended to read as follows: 9-27 Penalties and violations. (a) Criminal penalties. Any person failing to obtain or renew his/her business license or registration after July 1 st of each year, or otherwise violating or failing to comply with any of the provisions of this flftiele chapter rTitle] is guilty of a misdemeanor ma)' he pURished by a fiRe of Rot more than $5,OOQ or imprisoned for Hot more thaH six mORths, or hath, for each day or part of a day during which the unlawful act or violation occurs. The perSOH ffi&)' also he ordered to discoRtiHue the HHlw;;fid act or correct the violation. (b) Civil penalties. Any person who fails to comply with the provision of this ftftieIe chapter fTitle] is, in addition to any criminal penalties, subject to a m&JdffiHffi civil penalty of$5,000 for each day or portion of the <lay that the violation continues. The maximum penalty and the default amount shall be $100.00 for the first violation. $200.00 for a second violation of the same nature or a continuing violation. $300.00 for a third violation of the same nature or a continuing violation and $500 for each additional violation of the same nature or a continuing violation in excess of three not including fees. costs. and assessments. (c) Other legal remedies. Nothing in this aFtieIe chapter fTitle llimits the right of the city to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage-..ill!Y unlawful acts lUlder or iR "liolatioR of this article. (Ord. No. 91-86, ~ 1(23),2-5-91; Ord. No. 00-370, ~ 1, 7-18-00) 80 SECTION 9. Chapter 9, Article II, Section 9-28, of the Federal Way City Code shall be amended to read as follows: 9-28 Processing procedure. The city clerk shall issue registrations_in the Hame of the city to all persons qualified under the provisions of this article and shall: (1) Adopt all forms and prescribe the information required to implement this aftie.le chapter rTitle l. (2) Submit all applications to the plaflRing community development department, building division, fire department and/or police department for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing. (3) Notify any applicant of any deficiencies in their application and refrain from completing the processing until those deficiencies are remedied. Notify an)' apfllicant of tRe acceptance or rejection of this apfllication and shall, UpOR aeRial of any registration, state in ','{riting the reaSOR therefor, the process for appeal thereof ana deliver them to the applicant. ( 4) Deny any application for registration upon written findings that the granting would be detrimental to public peace, health or welfare, or that such application f-or registration is not in compliance with any applicable city regulations. Upon denial the clerk shall notify the applicant of the denial. the written findings. and the process for appeal. (5) Issue licenses or registrations to all persons qualified under the provisions of this chapter fTitle J. V/hen any SUCR registration is denied, the applicant may appeal ~mch decision pursuant to the process described in FWCC 2.J..1. (6) 'J!hen the issuance is denied, and an)' aetion instituted by the applicant to compel its issuance, such applicant shall nat engage in the business for ';;hich the registration O//8:S refused 1:lHless or until the registratioR is issued pursUfHlt to aft admiRistrati'/e or judicial judgment orderiRg the same. (Ord. No. 91-86, ~ 1(4),2-5-91) SECTION 10. Chapter 9, Article II, Section 9-29, of the Federal Way City Code shall be amended to read as follows: 9-29 Business registration No person shall transact, engage in or cany on any business, trade, profession, occupation, calling or activity in the City of Federal Way without first having been issued a proper and current registration~ addition to any other required federal. state. local. or City licenses: unless the person has or ha'/ing filed and qualified for aft exemption~ therefrom as provided hereiR. (Ord. No. 91-86, 9 1(1),2-5-91) SECTION 11. Chapter 9, Article II, Section 9-30, of the Federal Way City Code shall be amended to read as follows: 9-30 Application. (&1) Every person required to procure a license or registration under the proo;ision of 8:fl)' ordinance of this city or pro"/ision af this bade chapter rTitle 1 shall submit an application for sUCH registration to the city clerk on forms provided by the clerk. The application for the registration shall be made to the city clerk, on forms proo/ided by such officer, o.vhich applicatioR shall include at a minimum the following information: the name of the applicant, the residence, place and address of business, the nature of business, name of business. the organization of the business (if it is a partnership. corporation. etc.). the number of employees employed by the business, emergency notification information. copies of any required licenses or certifications. and hazardous waste and substance information. The city clerk shall 81 also require any additional information required by a provision of this chapter fTitle] or found to be reasonably necessary to determine compliance with this chapter fTitle] or for the fair administration of this m=ttele chapter fTitle). An application shall be deemed complete upon the applicant's provision of all required information~ including identification of "none" where that is the correct response~ and the applicant's verification~ under penalty of perjury. that the information contained in the application is true . and that the application is complete. (h2) The application for a license or registration shall be accompanied by the full amount of the fee chargeable for such license or registration. (el) The city clerk shall issue a receipt to the applicant for the money paid in advance. Such receipt shall not be construed as the approval of city clerk for the issuance of the registration; nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of any lawtftis article or tHis Code. (64) A duplicate license or registration may be issued by the city clerk to replace any license or registration previously issued which was lost, stolen, defaced or destroyed, upon the filing ef bLthe licensee or registrant ef an affidavit attesting to such fact and the paying to the city clerk a fee in the amount of$15.00. (eJ) Any person or business possessing a current valid license or registration under this chapter shall submit a new application within 30 days of any change or modification in the type, kind3. or nature of the business~ or if any person or entity acquires a significant interest in the business or responsibility for management or operation of the premises or the business. Submission of aft such application d00HmeRtiRg said eHaRge or modifieatioR will not require a fee. (Ord. No. 91-86, ~ 1(3),2-5-91; Ord. No. 03-440, ~ 1,3-18-03) SECTION 12. Chapter 9, Article II, Section 9-35, of the Federal Way City Code shall be amended to read as follows: 9-35 Separate locations. A separate license or registration shall be required for each branch, establishment or location of the business engaged in, as if each such branch, establishment or location were a separate business; provided, however, warehouses and distributing plants and storage yards used in connection with and incidental to a business licensed or registered under the provision of this ftftiele chapter (Title shall not be deemed to be separate places or business or branch establishments. Location of such warehouses and distributing plants and storage yards shall be shown on the application for the business license or registration, and must comply with the provisions of all city codes. Each license or registration shall authorize the licensee or registrant to transact and carry on only the business licensed or registered thereby at the location or in the manner designated in such license or registrations. (Ord. No. 91-86, ~ 1(9),2-5-91) SECTION 13. Chapter 9, Article II, Section 9-36, of the Federal Way City Code shall be amended to read as follows: 9-36 Joint registrations. A person engaged in two or more businesses at the same location shall not be required to obtain separate registrations for conducting each of such businesses; provided, when eligible, the person shall be issued one registration which will specify on its face all such businesses. Applications for such joint registration shall list the names and pertinent information for all such businesses. The total number of all employees employed in all businesses included within the joint business lieeRse registration shall be considered for purposes of classifying the size of the business for licensing registration purposes. (Ord. No. 91-86, ~ 1(10),2-5-91) 82 SECTION 14. Chapter 9, Article II, Section 9-37, of the Federal Way City Code shall be amended to read as follows: 9-37 Agents responsible for obtaining registration. The agents or other representatives of nonresidents who are doing business in the city shall be personally responsible for the compliance of their principals, and the businesses they represent, in regards to the requirements of this attieIe chapter fTitlel. (Ord. No. 91-86, ~ 1(11), 2-5-91) SECTION 15. Chapter 9, Article II, Section 9-38, of the Federal Way City Code shall be amended to read as follows: 9-38 Posting required. Every license or registration granted under this ftftiele chapter fTitle 1 shall be posted in a conspicuous place in the place of business of the licensee or registrant. (Ord. No. 91-86, ~ 1(12),2-5-91) SECTION 16. Chapter 9, Article II, Section 9-39, of the Federal Way City Code shall be amended to read as follows: 9-39 Change of address. Every person who, under the provision of this Miele chapter fTitle 1, is subject to a license or registration fee requirement and who has a fixed place of business shall notify the city clerk in writing of any change in location of such fixed place of business or mailing address within 30 days thereafter. (Ord. No. 91-86, ~ 1(13),2-5-91) SECTION 17. Chapter 9, Article II, Section 9-40, of the Federal Way City Code shall be amended to read as follows: 9-40 Nontransferable. Licenses or registrations Registratiolls issued pursuant to this ftftiele chapter [Title] shall not be transferable by the licensee or registrant to any other person, nor shall any fee paid by any person under the provisions of this 8:ftiele chapter [Title] be applied in whole or in part to the payment of fee due, or to become due, from any other person: provided. however. that. in the event of death of the individual. partner. or officer who satisfied the requirements of this chapter fTitlel. the surviving spouse. partner. or officer may operate under the existing license for a period not to exceed 90 days. (Ord. No. 91-86, ~ 1(14),2-5-91) SECTION 18. Chapter 9, Article II, Section 9-41, of the Federal Way City Code shall be amended to read as follows: 9-41 Mailing of notices. Unless otherwise provided. any Afty notices required by this ftftiele chapter [Title] to be mailed to any licensee. registrant or applicant shall be sent by ordinary mail, addressed to the address of the licensee. registrant or applicant as shown by the records of the city clerk, or if no such address is shown, to such 83 address the city clerk is able to ascertain by reasonable effort. Failure of the licensee. registrant or applicant to receive such mail notice shall not release the licensee. registrant or applicant from any fees or penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this ftftie.Ie chapter fTitle]. Service shall be deemed complete upon the third day following the day upon which the notice is placed in the mail. unless the third day falls on a Saturday. Sunday or legal holiday. in which event service shall be deemed complete on the first day other than a Saturday. Sunday or legal holiday following the third day. (Ord. No. 91-86, ~ 1(16),2-5-91) SECTION 19. Chapter 9, Article II, Section 9-42, of the Federal Way City Code shall be amended to read as follows: 9-42 Revocation - Suspension - Denial. ^ registration issl:led l:lnder this artiele may be re~/oked, sl:lspended or demied The clerk may revoke. suspend. or deny a license or registration issued or requested under this chapter fTitle] for anyone or more of the following reasons: (1) The licensee or registrant. or any manager, officer, director, agent or employee, while acting within the scope of the bus~,ness or of employment, fa.i.Ietl fails to comply with. fails to operate the business or activity in accordance with. or uses the business or activity as a instrument or cover for violations of any federal, state... or local laws or regulations, including any provision of this Code; (2) The liceDsee, or any maaager, offieer, director, ageftt or employee, ~.vhile actiag withia the scope of employmeat, failed to comply ~llith afty of the terms aad coaditioas imposed by the eity oa the issl:laace of the registratioa; (3) The liceasee, or any maftager, officer, director, ageftt or employee, ~.vhile aetiag withia the scope of employmeDt, failed to opeFat-e the lmsiDess or aetiyity ia accordaftee with any federal, state or local law or reg1:llatioas; ~ The licensee or registrant, or any manager, officer, director, agent or employee, while acting within the scope of employment, condl:leted or permitted operates the business or activities in a manner which. or allows the business or activities to become an instrument or a cover that. creates a nuisance or otherwise endangers the public health, welfare or safety; (~l) The issuance Iss1:lance of the license or registration was issued through mistake or inadvertence. without authority or power, or in violation of any applicable federal, state or local laws or regulations; (61) 'Nhea the The license or registration was procured by fraud or false representation of facts... including through an application that contains false or misleading statements. evasions or suppression of material facts; (7) '}!heft the ~r-egistratioa ';/6S issl:led through mistake or iaadverteace; (8) 'J/heft the r-egistratioa applicatioa coataifts false or misleadiag state meats, e'/asions or sl:lppressioft of material facts; (9~) The licensee or registrant's eOD',ictioa has been or is convicted of infractions. crimes. or offenses within 10 years which have a connection to the liceased business or activity. or the licensee or registrant's agent or employee is convicted of such offense on the subiect premises when the licensee or registrant knew or should have known of the violations: (10) '.\Thea the bl:lsiaess or aeti~/ity beeomes an instrnmeftt of or a eoyer for pl:lblic disorder, crime, or other daager ta pl:lblic safety, ffiorals or health; (~) 'JlheD a The registrant has had a business license or registration denied or revoked by the city within one year prior to the date of an application for a bl:lsiDess registratioa; (12) Crimiaal coa~/ietioD of liceasee, or aft)' maaager, officer, director, ageflt or employee, '.vaile aetiag ~.~/ithifl the scope of emplo)'meat, or a ~/iolatioa of aay pro~lisioa of this title shall be grol:lads for revocatioR or sl:lspeasioa of the licease. 84 A license or registration procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter (Title] or other applicable ordinances. statutes. or regulations are found. the license or registration shall be denied or suspended for a period of 30 days upon the first such violation. 90 days upon the second violation within a 24-month period. and revoked for third and subsequent violations within a 24-month period. not including periods of suspension. (Ord. No. 91-86, ~ 1(17),2-5-91; Ord. No. 95-231, ~ 1,4-4-95; Ord. No. 03-440, ~ 2, 3-18-03) SECTION 20. A new section shall be added to Chapter 9, Article II, of the Federal Way City Code (FWRC 12.05.173) to read as follows: 9-42.3 rFWRC 12.05.1731 Emel1!encv suspension. In the event of conduct or activities which create an imminent risk of harm to public health. safety or welfare. or where the Federal Way building officiaL fire marshal or the King County health department find that any condition exists upon the premises of the business which constitutes a threat of immediate serious injury or damage to persons or property. the license or registration of such business may be summarily suspended. The licensee or registrant shall be notified in writing of the grounds for suspension. Notification shall be by personal service or by registered or certified mail. Such suspension shall remain in effect until further order by the City or appellate body. SECTION 21. A new section shall be added to Chapter 9, Article II, of the Federal Way City Code (FWRC 12.05.175) to read as follows: 9-42.5 rFWRC 12.05.1751 Notice of suspension. revocation. denial or civil penaltv. Prior to denial. suspension. or revocation of a license or registration under this chapter [Title]. or imposition of a civil penalty the licensee or registrant shall be notified in writing of the grounds for the action. Notification shall be by personal service or by registered or certified mail. Except as provided in FWCC 9-49 fFWCC-9-42.3 fFWRC 12.05.173]] any penalty will be due and any denial. suspension. or revocation of the license or registration shall be effective 14 days after the date of service of the notice of suspension or revocation unless such action is appealed by registrant in the manner described herein. SECTION 22. Chapter 9, Article II, Section 9-43, of the Federal Way City Code shall be amended to read as follows: 9-43 Effect of registration, denial, revocation or suspension. If any registrant has a business license or registration denied or revoked for any reason, a new business license or registration shall not be granted to the licensee or registrant aHdfor any entity in which the licensee or registrant has an ownership interest for a minimum period of one year from the date of such denial or revocation and all business activity shall immediately cease from the date of such denial or revocation. except as provided in FWCC 9-47 fFWCC 9-43.5 fFWRC 12.05.18511. The city clerk may suspend a license or registration for no more than six months. During the period of any suspension, all business activity shall cease. When a license or registration is denied. revoked. or suspended the applicant may appeal such decision pursuant to the process described in FWCC 9-45 et seq. Such applicant shall not engage in the business for which the license or registration was denied. revoked. or suspended unless or until a license or registration is issued or reinstated pursuant to an administrative or iudicial iudgment ordering the same. (Ord. No. 95-231, ~ 1, 4-4-95) 85 SECTION 23. A new section shall be added to Chapter 9, Article II, of the Federal Way City Code (FWRC 12.05.185) to read as follows: 9-43.5 fFWRC 12.05.1851 Reinstatement procedures and standards for reviewin~ an application for reinstatement. At any time following the expiration of the revocation or denial period a licensee or registrant may apply for reinstatement of the license or registration~ or an application for a new business may be sought. A hearing shall be held pursuant to the procedures under FWCC 9-45 et. seq. SECTION 24. Chapter 9, Article II, Section 9-44, of the Federal Way City Code (FWRC 12.05.190) shall be amended to read as follows: 9-44 [FWRC 12.05.190] Notice of hearing. Prior to suspension or revocation of a license or registration under this ftftieIe chapter fTitle], the licensee or registrant shall be notified in writing of the grounds for suspension or revocation of the registration. Suspension or revocation of the license or registration shall occur 10 days after the date of service of the notice of suspension or revocation unless such action is appealed by licensee or registrant in the manner described herein. (Ord. No. 91-86, ~ 1(18),2-5-91; Ord. No. 95-231,_~ 1,4-4-95) SECTION 25. Chapter 9, Article II, Section 9-45, of the Federal Way City Code shall be amended to read as follows: 86 appeal. The appellant shall have the burden of proof by a preponderance of the evidence. The hearing examiner shall make a complete electronic sound recording of the public hearing. (6) Stay. The assessment of a penalty or a suspension or revocation of a license or registration shall be stayed during an appeaL but a denial of a license or registration is effective until ordered otherwise. A registraRt HRder this artiele HUlst appeal the decisioR for revocatioR, sHspeRsioR or deRial '.vithiR 1 Q days of receipt of the Hotice of sHch re'locatiOR, sHspeRsion or denial by filiRg a Rotiee of appeal with the city clerk. UpOR receipt by the city clerk ofthc appeal by registrant, a t-leariHg shall be held thereoH before a hearing examiRer designated by the city. Notice of the hearing shall be given to the appellant at least lQ days prior to the heariHg. .^..t sMch hearing the appellant shall be entitled to be heard and introduce evidence on his or her own bchalf. (Ord. No. 91-86, ~ 1(19),2-5-91; Ord. No. 95-231, ~ 1,4-4-95) SECTION 26. Chapter 9, Article II, Section 9-46, of the Federal Way City Code shall be amended to read as follows: 9-46 Decision of the hearing examiner. After considering all of the information and comments submitted on the matter. the hearing examiner shall issue a written decision. including findings of fact. conclusions. and order. affirming. reversing. or modifying the decision. action. or penalty being appealed based on the hearing examiner's findings and conclusions. Unless a longer period is agreed to by the applicant. the hearing examiner shall issue the decision within 10 working days after the close of the public hearing. Notice of the decision shall be mailed to all parties. The decisioR of the hearing e*aminer shall be rendered '.vithm fi'/c days of the dose of the hearing. The decision shall be in v/riting and shall set forth thc fiRdiRgs and reaSORS for the deeisioR, and the registrant shall be notified in '.vriting. In the event of revocation or denial of a license or registration or liccnse, the hearing examiner deeision shall provide that the revocation or denial shall be for a period of not less than one year unless the hearing examiner determines that extraordinary circumstances exist justifying a shorter period of time, in which case the justification for such decision shall be set forth by the hearing examiner in writing. In determining the minimum time of the revocation or denial during which reinstatement or issuance of a business license or registration shall not be considered, the hearing examiner will shall consider among other factors: (1) The degree of the licensee or registrant's culpability, if any, and the conduct leading to the revocation. suspension. eF denial. penalty. or other decision of the clerk; (2) The criminal nature of the conduct, if any;-ftfttl. (3) The cORduct' s effect~ on the community and whether the business or activity was a threat to the public health, safety or welfare: and (4) Any mitigating evidence. During the period of re'location ar aeRial, the registraRt aHd MY eHtity iR '.vhich the rcgistrant has aft oV/Rcrship iAterest shall be preeluded frOfll apfJlyiAg for either a reinstatemeRt of the rcgistration or from applying for a ne';; business registration to conduct the same or a similar business activity. The decision of the hearing examiner is final unless appealed within 14 days to the city council by filiHg such notiee of appeal vlith the eity elerk '.vithin the required time fleriod. If a decision of the hearing examiner is not appealed it shall constitute the final decision of the city. and the failure to comply with the decision of the hearing examiner shall constitute a misdemeanor. (Ord. No. 91-86, ~ 1(20),2-5-91; Ord. No. 95-231, 9 1,4-4-95) SECTION 27. Chapter 9, Article II, Section 9-47, of the Federal Way City Code (FWRC 12.05.220) is hereby repealed as follows: 87 9 47[Y\'\'RC 12.95.229) Reinstatement proeedures and standards for reviewing an applieatioo far reinstatemeot. (a) Procedures. LA..t any time follo':;iRg the expifatioR of the revocatioR or denial period a registraRt may apply for reiRstatemeRt of the registratioR, or an applicatioR for a nev; tmsiness may be sought utiliziRg the follo':liRg proeedures: (1) LA.. v..ritten applicatioR shall be completed OR a form a./ailable from the cit)' cleric (2) The applicatioR, "...heR eompleted, shall be filed .:Iith the city elerk, v/ith a copy to the eity attorney. (3) The heariRg examiRer shall set a pHblic heariRg date '.yith at least two weelcs' notice to the registraRt to cORsider the application for reinstatement or new &flplieatioR. (4) The pHolic hearing shall be ad',ertised by the city clerk in a ne\Yspaper of general circulatioR in the eity of Federal '}/ ay at least once aRd at least five days prior to the public hearmg. (5) At the pHblic hearing, the hearing examiner shall receive te~imony from the registrant, eity staff and iRterested members of the publie. (6) Upon eORelusion of the pHblic hearing the heaoRg examiner shall deeide v/hether or not to grant approyal of the appliootion. (b) StaRdaras for review. In makiRg its detcrminatioR OR an applieatioR for reinstatemeRt or issuance of a registratioR privilege, the heariRg examiRer shall cORsider all rele....ant faetors, which shall iRelude: (1) The amouRt of time vAiicR has elapsed siRce the r-evocatioR or deRial aetioR ','1as takeR; aRd (2) The degree of the registrant's culpability, if aa)', the cORdliet leadiRg to the reyocatioR or aeRial, and the criminal nature of the cORduct, if applicable; and (3) The effeet on the commuRit)' of the eonduet leading to the rey/ocatioR or denial of the r-egistratioR priyilege; aad (4) The steps takeR by the registraRt to reform himlherself or iRslire that if placed iR the same or similar busiRess oV;Rership positioft, he/she .:{ould not revert to the prior cORaliet ~:Ihich leat! to the rev8eation or denial of his/her registratioR; aRa (5) ~J1Y additional means by whieh the registrant ean demoRstrate t8 tHe hearing examiRer that if allo":..ed a Rev; registratioR, the prior wroRgful conauet .,",'ould Rot reeur. (Ord. No. 95 231, ~ 1, 4 4 95) SECTION 28. Chapter 9, Article II, Section 9-48, of the Federal Way City Code shall be amended to read as follows: 9-48 Appeal to city council. The city council shall hear the any appeal of the hearing examiner decision using the procedures provided in process IV of Chapter 22 FWCC. Zoning. withiR 30 days of the filing of Rotiae of the appeal. The ait)' eouneil may atIopt, modify or reYferse the deeisioR of the heariRg e~(aminer. The deaision of the city eouncil shall be fiRal uRless appealea hy ..Yrit of eeftiori to the superior aoult withiR 1 (} days of the cOl:lReil deeisioR. (Ord. No. 91-86, ~ 1(21),2-5-91; Ord. No. 95-231, ~ 1,4-4-95) SECTION 29. Chapter 9, Article II, Section 9-49, of the Federal Way City Code (FWRC 12.05.240) is hereby repealed as follows: 9 49 [F'NRC 12.95.249) EmergeBe}Y suspeBsion. lH the eo;ent of conduct or activities ..vhieh ereate aR emiRent risk of harm to puhlic health, safety or ':..elfare the registratioR of sueh busiRess may be summarily suspeRaed_upoR Rotiae to the registmnt; provided, that the registrant shall he entitles to a heariRg before a heariRg eJUHBiner aesigRated by the city UpOR a "I.-otteR appeal oeiRg filed ..vith the aity alerk by the registraRt o.vithiR 1 Q days of the registratioR 88 suspeRsioR. In the e",eRt of aR appeal by registrant, a lieariRg shall be provided '.vitliiR 10 days of flotice of appeal. The pro"/isioRs of F'.l/CC 9 45, 9 46 and 9 47 shall apply to an)' appeal of the hearing examiRer decision. (Ord. No. 91 86, ~ 1(22),2 5 91; Ord. No. 95 231, ~ 1, 1 4 95) SECTION 30. Chapter 9, Article III, Section 9-73, of the Federal Way City Code is hereby repealed as follows: 9 73 PeBalties. (a) Criminal penalty. ~"\.ny perSOfl ...iolatiRg an}' of the terms of this article shall be guilty of a misdeme&flor and HpOR eonyiction thereof, be pURished as pro',ided iR F'.VCC I 13. (b) Ci'/il penalty. In additioR to aRY other peRalt)' provided in this section or by la\'/, any person who ";iolates aIT)' proyisioR of any business license ordinance shall bc sHbject to a civil peRalty in afl amount Rot to eJ(ceed $250.00 per 'liolation, to be directly assessed by the city clerk. The city clerk, iR a reasoRable manfler, may '/ary the amount of the pettalt)' assessed to cOflsider the appropriateRess of the peRalty to the size of the busiRess of the '/iolator; the gra'/it)' of the violatioR; the Rumber of past afld preseRt violations committed; and the good faith of the violator ifl attempting to achieve compliance after Rotification of the yiolatioR. ~^JI ci"/il peflalties assessed will be enforced and collected in accordaflee with the procedure specified uflder this article. (Ord. No. 90 55, ~ 15,5 1 90; Ord. No. 95 241, ~ 1, 8 15 95) SECTION 31. Chapter 9, Article III, Section 9-74, of the F ederal Way City Code is hereby repealed as follows: 9 74 AdditiaBal eBfaFeemeBt. NotwithstaRdiRg the existence or use of any other remedy, the city clerk may seek legal or equitable relief to eRjoin any acts or practices which constitute or '.vill constitute a yiolatioR of aRY proy/ision of this ~ (Ord. No. 90 55, ~ 16, 5 1 9Q; Ord. No. 95 241, ~ 1, 8 15 95) SECTION 32. Chapter 9, Article III, Section 9-86, of the Federal Way City Code is hereby repealed as follows: 9 8() LieeBse suspeBsiaB ar revaeatiaB. (a) The clerk may, at &flY time UpOR the recommendation of the chief of police ftfld as provided belov/, sHspeRd or rey/oke any license is sHed uRder this chapter: (1) Where sHch liceRse \vas procured by fraud or false represeRtation of fact; or (2) For the ':iolatioR of, or failure to comply with, the pro"/isions of this chapter or any other similar local or state law by the licensee or by aRY of its servants, agents or employees ':;hen the licensee mew or should ha'le known of the ",iolations committed by its servants, ageRts or employees; or (3) For the COITyictioR of the HceRsee of any crime or off-ense involving prostitution, promoting prostitutioR, or traRsaetioRs iRYlolviRg cORtrolled sHbstanees (as that term is defined iR Chapter 69.50 RCW) cemmittea OR the premises, or the eOR"t'ietion of aRY of the lieeRsee's servants, ageRts or employees of &flY crime or ofi'tmse iRvolying prostitutiofl, promotiRg prostirutioR, or traRsactioRs in":olviRg cORtrollea substaftces (as that term is defined in Chapter 69.50 RC\V) committed on the licensed premises ~.vheR the liceftsee knew or shoHld haye knovm of the violations committed BY its servants, agents or employees. (D) f.. liceRse proeured by fFal:ld or misrepresentatioR shall be revoked. '.VRere other ....iolations of this chapter or other applieable ordinaRces, statutes or regulations are found, the liceRse shall be sl:lspended for 89 a period of 30 days lipOR the first slich yiolatioR, 90 days HpOR the secoRd ',iolatioR '.';ithiR a 21 mORth period, aRd reyoked for third aHd sHBseqHeRt violatioRs ':,ithiR a 21 mORth period, not iRclHdiRg periods of sl:lspeRsion. (0) The clerk shall provide at least 10 days' prior ':,ritteR notice to the licensee of the decisioR to suspeRd or revoke the license. SHch sotioe shall isform the licensee of the right to appeal the decision to the heariRg examiHer or other desigaated hearing body and shall state the effective date of Slick revocatioR or sHspeRsioft and the groHsds for revocatioR or sHspeasioR. (d) NotificatioR shall be by persoRal service or registered or certified mail, return receipt reqHested, of the decisioR. Notice mailed to the address OR file shall be deemed receiyed three days after mailiRg. The sotice shall specify the gFOl:lRds for the sHspensioR or revocation. The suspeRsioR or re'/ocatioR shall become effective 10 days from the date the notice is deli'/ered or deemed receiyed ualess the person affected thereby files a wrineR r-e~liest '.vith the (;Iity derk for a heariRg before the heariRg eJffimiRer \vithin such 10 day period. The hearing eXflminer or other hearing body shall render its decision ':;ithin 15 days follo'Niag tHe close of the appeal hearing. ~ALRY person aggrieyed by the decision of tae hearing eJffiminer or other desigaated hearing body shall h8:'/e the right to appeal the decisioR to thc Superior COHrt ':;ithin 11 days of tae aeariRg examiaer decisioR, by writ of certiorari or mandamus as pro'jided in F'.l/CC Lill. The decision of the clerk shall be stli)'ed dHring the peRdena)' of afty administrati'/e aRd judicial appeals except as provided in sHbseetion (e) of this sectioR. (e) '."ere the Federal '.v ay buildisg official, fire marshal or the KiRg COHRty health department fiad that afty cORditioa exists upon the premises of an adult entertainment establishment ';;hich eORstitl:ltes a threat of immediate serioHs injury or damage to perSOftS or property, said official may immediatel)' suspend any liceRse issued under this chapter pending a hearing iR acaor-dance ....,ith subsection (c) of this sectioa. The official shall issue Rotice settiag forth the basis for the acti~R aad the facts that cORstiMe a threat of immediate serious iRjUI)' or damage to persons or property, and informiag the licensee of the right to appeal the sHspension to the heariRg examiRer or other desigaated hearing body Hader the same appeal pre'/isions set forth in subsection (c) of this sectioR, pf(Ylided, hO'Ne'jer, that a suspeRsion based OR threat of immediate serious iRjury or damage shall Rot be stayed during the pendency of the appeal. (Ord. No. 90 55, ~ 17(A), 5 1 90; Ord. No. 95 211, ~ 1, g 15 95) SECTION 33. Chapter 9, Article III, Section 9-88, of the Federal Way City Code is hereby repealed as follows: 9 88 Natiee af appeal. J\RY perSOR falliftg HRder the pny:isioRs of this article may appeal from aR)' Rotice of suspeRsioR, deRial or revoeation or eivil peRalt)' assessment by filiRg ';,ith the cit)' derk 'lIithia 10 days :from the date the notice is deli':ered or deemed receiT/ed, a ';/fitteR appeal cORtaiRiag: (1) ~Aa. heading iR the words: "Before the Hearing Examiner for the city of Fedefal Way"; (2) ~AL captioR reading: "Appeal of _" gi'liftg the Rames of all appellaRts participatiRg in the appeal; (3) fo. brief statemeat settiRg forth the legal isterest of eaeh of the appellaRts participatiRg is the appeal; ( 4) A brief statemeRt iR cOReise language of the speeific order or action prot-ested, together ':lith aay material facts claimed to Sl:lpport the eORteRtioRs of the appellant; (5) ~\ brief statemeRt iR cORcise language of the relief SOHght, aRd the reaSORS \vh)' it is claimed the protested order or aetion should be reyersed, modified, or othen'lise set aside; (6) The sigaat1:lr-es of all parties Ramed as appellaRts, and their official mailing addresses; and (7) The '/erification, by declaratioR under penalty of perjHI)', of at least ORe appelllmt as to the truth of the matters stated iR the appeal. (Ord. No. 90 55, ~ 17(C), 5 1 90; Ord. No. 95 211, ~ 1, 8 15 95) 90 SECTION 34. Chapter 9, Article III, Section 9-89, of the Federal Way City Code is hereby repealed as follows: 9 89 Date, time, pfaee for heariog. As soon as praeticable after recei9/iRg the \v[itten appeal, the hcariRg examiner shall fix a date, time, aRe place for the hearing of the appeal. SHch date shall be Rot less than 10 da)'s nor more thaa 30 days from the date the appeal Vias filed vt'ith the city clerk, Hnless the parties agree to an extension of time. '.Vritten Rotice of the time afld place of the hearing shall be giveR at least 10 days prior to the date of the hearing to each appellant by the hearing examiner's office either by eaHsing a copy of sHch Rotice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellaRt at his or her aedress shown OR the appeal. (O[d. No. 90 55, ~ 17(D), 5 1 90; Ord. No. 95 241, ~ I, 8 15 95) SECTION 35. Chapter 9, Article III, Section 9-91, of the Federal Way City Code is hereby repealed as follows: 9 91 Seepe of matters eeosidered in appeal. ORly those matters or issues specifically raised by the appellaRt iR the \\'ritten Rotioe of appeal shall be considered in the heariRg of the appeal. (Ora. No. 90 55, ~ 17(F), 5 1 90; Ora. No. 95 241, ~ 1, 8 15 95) SECTION 36. Chapter 9, Article III, Section 9-92, of the Federal Way City Code is hereby repealed as follows: 9 92 "'aiver of right to appeal. Failure of an')' person to file an appeal in accordance ""'lith the provisioRs of this di",ision shall constitute a "Naiver of his or her right to an administrati"le heariRg afld adjHdicatioR of the notice and order, or any portion thereof. (OnI. No. 90 55, ~ 17(G), 5 1 90; Ord. No. 95 241, ~ 1, 8 15 95) SECTION 37. Chapter 9, Article III, Section 9-94, of the Federal Way City Code is hereby repealed as follows: 9 94 Aetion after heariog. Upoa complctioa of the heariRg, the heariag examiner shall: (1) Affirm the city clerk's deeision; or (2) Re"lefSe or modify the city elerk' s decisioB. (Ora. No. 90 55, ~ 17(1),5 1 90; Om. No. 95 241, ~ 1,8 15 95) SECTION 38. Chapter 9, Article III, Section 9-95, of the Federal Way City Code is hereby repealed as follows: 9 95 Appeal frem heariog examioer. ..^JI appeal from a aecisioR of the hearing examiBer shall be to the cOHnty sliperior COlif! afld shall be served aad filed \vithiB 30 days of the decisioa of the hearing examiner. In the eyent the applicant or 91 lieense Helder does not folloy/ the pfOeeEh:lfeS v/ithin the time periods set forth iR this eiy;isioR, the aetioR of the hearing eu:aminer shall be tiDal. (anI. No. 90 55, ~ 17(J), 5 1 90; Ord. No. 95 211, ~ 1, 8 15 95) SECTION 39. Chapter 9, Article III, Section 9-96, of the Federal Way City Code is hereby repealed as follows: 9 96 Stay dUri8g appeal. The aeeisioR of the elerk to sHspeRa, rey/olee or refuse to rene'll a lieense Hader this artiele shall be stayed during administratiy;e aRd judieial fey/ie-.\', but refusal to issue an initiallieense shall not be stayed. (Om. No. 95 211, ~ 1, 8 15 95) SECTION 40. Chapter 9, Article III, Section 9-107, of the Federal Way City Code shall be amended to read as follows: 9-107 License for managers, entertainers required- Fee. No person shall work as a manager. assistant manager. or entertainer at an adult entertainment establishment without having first obtained a manager's or an entertainer's license from th~ city clerk plifsuaRt 10 F\VCC 2..l.l.Q(b) aRe 2.lll. The annual fee for such a license shall be $50.00. (Ord. No. 90-55, ~ 4, 5-1-90; Ord. No. 95-241, ~ 1,8-15-95) SECTION 41. Chapter 9, Article III, Section 9-110, of the Federal Way City Code shall be amended to read as follows: 9-110 Adult entertainment establishment license Liee8se applications. (a) Adlik eRtertainmeot estahlishment lieeRse. (1) Required information. All applications for an adult entertainment establishment license shall be submitted to the clerk pursuant to FWCC 9-30 in the name of the person or entity proposing to conduct the adult entertainment establishment on the business premises and shall be sigRea by slieh pernon or his Of her agent ana notarizea or eertifiea as true unaer penalty of peTjul)'. All applications shall be submitted on a fOfftl sl:lppliea by the eity, Yllhieh shall reCfl:lire include the following information and documents: (a): The name of the applieaRt, location and doing-business-as name of the proposed adult entertainment establishment, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property. (b) For the applicant and for each applicant control person, !JMu>roy;ide: names, any aliases or previous names, driver's license number, if any, social security number if any, and business, mailing, and residential address, and business telephone number. (c) If type of business organization the applicant is. such as a partnership, whether general or limited. or a corporation; and~ if a corporation, the date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process. (d) For the applicant and each applicant control person, list any other current or prior licenses cl:lTrently held for similar adult entertainment or sexually oriented businesses, including motion picture theaters and panorams, whether from the city or another city, county, state;, and if so, the names and addresses of each other such licensed business; and whether any business license or adult entertainment license has been revoked or suspended. and the reason therefor. 92 e. For the applieaat aad eaeh applieaat eoRtrol persoa, list prior lieeRses held for similar adMit entertaiameat or other sexHally orieated busiaesses, \vhether from the eity or from aRother eity, eOMm)', or state, pf0vidiRg Rames, addresses and dates of operation for sMeh bl:lsiResses, aRd whether aRY ~msiness license O,T adult entertaiflmeRt lieeRse has beeR revoked or sl:lspeRded, ood the reaSOR theref-or. {tlf For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court~ and disposition. ~ For the applicant and all applicant control persons, a description of business, occupation~ or employment history for the three years immediately preceding the date of the application. {g}I:r.l\l:lthorimtioR Written authorization for the city, its agents and employees to seek obtain any infonnation needed to confirm any statements or infonnation set forth in the application. {h)h Two two-inch by two-inch photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face. ~ For the applicant or each applicant control person, a complete set of fingerprints prepared at the King County department of public safety or on fonns prescribed by the department. (j)It Building plans and a A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, including a statement of the total floor space occupied by the business, aRd marked dimensions of the interior of the premises.1.... Performaa€le performance areas, seating areas, manager's office and stations, restrooms and service areas shall be dearl)' marked OR the drawiag. ~A..R appli€latioa f-or a lieeRse for aR adMIt eRtertaiHment establishment shall iRelHde lmildiRg plans whieh demonstrate eOHf-offfiaRee ~Nith this article. (k}h THe applieatioH mHst demonstrate Documentation demonstrating compliance with the provisions of the city's zoning code concerning allowable locations for adult entertainment establishments. (2) The clerk shall attempt to notify the applicant within five working days of a submittal of an application if application is incomplete. Aft applieatioH shall be deemed eomplete HpOR the appli€lant's provisioR of all informatioR re€lHested above, iRelHdiRg ideatifieatioR of "RoRe" where that is the eorreet respORse, aad tHe applieaRt's verifieatioR that the applicatioR is €lomplete. The elerk may re€lHest other informatioR or clarifieatioR iR additioa to that provided in a complete aflplieatioH ....'flere neeessary to determiRe eomplianee v:ith this ehapter. (3) A RonfefuRdable applieatioR fee ml:lst be paid at the time of filing an applieation iR order to defray the costs of proeessing the applieation. (1) Each applicant shall Ylerify, HRder peRalt)' of perjl:ll)' that the information eOHtaiHed iR the applieation ~ (5) If any person OT eHtit)' aequires, sMbseql:lent to the iSSMaftee of aR adult eatertaiameRt establishmeat liceRse, a sigaifieoot iRterest based OR respoRsibility for managemeRt or operatioft of the lieeRsed premises or the lieeRsed bHsiRess, Rotiee of sHeh aeqHisitioR SHall be pf0~lided in YNritiRg to the eit), derk, ao later thaft 21 days follovling sueh aequisitioft. The Rotiee to the elerk shall iRelMde the same informatioR reqHir-ed for an iRitial adldt eatertaiRmeRt establishmeRt lieeRse applieation. (6) The adult eRtertainmeat establishmeat lieeftse, if graatea, shall state OR its faee the Rame of the perSOR or perSORS to ~lIhom it is issued, the expiratioR date, the aOiRg blisiness as RaIRe ana the atldress of the lieensed establishmeat. The lieeHse shall be postea iR a eonspieHoHS plaee at or Rear the entraftee to the adult eRtertainmeat establishment so that it ean be easil)' read at aR)' time the business is open. (7) No pefson gRated 00 atlHlt eatertaiRment establishmeRt liceRse pHfSl:loot to tHis chapter shall operate the establishment MRser a Rame ROt speeifies on the lieense, Ror shall aft)' persoR operate the establishmeat at aa)' loeation ROt speeified on the lieeRse. (8) Upoa reeeipt of the cOIRplete applieatioR aRd fee, the elerk shall provide eopies to the police, fife aRd cOffimMnit), developlReat aepartmeRts for tHeir iRy/estigatioR aRa Feyiew to determiae eompliaRee of the proposed adHlt eRtertainmoHt establishment vlith the laws aRd regHlatioRS v:hieh eaeh aepartmeRt admiRisters. Eaeh aepartmeat shall, withia 25 days of the aate of SlieR applieatioa, inspeet the application 93 rl\: mhether seeh applieation and premises eomplies and I'remise. lIftd .hall make a '.witten rel'ort ta ~e ~Ie s~ may be i3slicd unless caeh del'aflment reports .. db ' h depllflment. 0 leen . . t ~'et '''ith the laws admlnlstere.. ) cae . . h hi" t la'''s 1ft the cyent the I'remlSes IS no . " . I~' ...It t e fe e.an ". h' .. ... lItlllthe application lIftd premISes camp .: d r n lIS to premise. camplillflee on t Clf re . Ie,. cORolrueted, the departmcftts shall ba~s ~Clf' r:ce:::I~ e:::.miRHIent astablishment lieen.s app~ved of lite dfIW,ings slibmilled in lite app heatloll. : .R) d'r thlll taa promisss may be ol'ell fur busmeS5. prier to tHe premi.es conolru~tiell sHall e8fltalll ::~:~ ::~e iR sHbslllfttial cOllfeRllanee wi~H the dra:Ym~3 Hflti! thc premise. have beeR Inspcatcdllftd dete II d denial af aliccnse under tHIS subsectIOn If . . A d Flmelll sha reoommen . h . ats submillcd with the apphollllOIl. ,. cp~... blishment i. f10t iR oORfol1ftanee '/11th t e relju~remc it fiRds lItlll the pFepooed adlllt ellte":,mmcR~ ~s~ "mmendation far denial shall eite the spoolfie rB8SOI1 of this chapter or other la":1 1R effect 1R the elt). L .. reeo therefor, ine lliding applioablc Ia:-vs. r e shall be i..uedby the el crk withiR 3ll days 0 f the .date of (9) A ""ult cllterlaiRlBent e3tabhshment leellS h [ I determines that the applicllftt hIlS failed te ' · " dl< e IIftle.. tee CN . b f r miRg a cempletc licen.e II(lphcat'~n 1lfI.. C , "ide lift . infol1ftatioR~ rBE(uired ullder tIllS su se~ 10~ 0 meet lift). ef the rCljuiremeRts of thIS c.hll(lte~ or ~:a imudlil~Rt statement ef materia~ fa~t en the ~pph~atlon that the II(lpliellftt has made a fal~e, mlSlea~~IIg. t ,..ithill fi"e _rkiRg days of apphcatloR sHbm~ttal.'f for alieeRse. The alerk shall ROllt)' the II(lplean r" t' · Hest for a roosonable eltteRsion ofllftte In II(lplieation is ineomplete, an~ shall ~lIftt lift II(lP l:ale~ r~:enoe apl'lication. If the clerk finds lIt~ the "'hich te pre'/ide all information reljlitred f~r a co Pfj . ance ef lift adult caterlaillHlent estabhshmcRt " . . f the rBE(ulremenID er ISSII h I< applicant has fatlcd ta mcct llfI) 0 . . . n." d shall cite lite specific rellSons t cre-er, . liconse, the alcrk shall deny the II(lphe~lenl~ ..ntmgd:: . the licenoe within 3ll days of the date offihng including applicable law. I[the elerk falls t~ I3sue::llbe) CI'IRilled, sHbjcet te all othcr appli~able law, te of an camplcte applieation and fce, .thc II(lphclIRt s h t~ otification by the clerk that the heanse .h~ sperate the '",sine.. for which the heens~ VIlIS so::: ::;p~i:ation reyiew time for more than aR additional b a' a bet in no e" 'eRt may the eIer \: exteR een enle , " 2ll dayo. . r nse . (b) A.pplication for _ager or entcrlamer lee . sistant managcr or elllertalRIReRt at an ' ~ hall'''ark lIS a mllftagcr, as r Ii the (I) Reljtiired iHfol1fllltion. ~ 0 pemo~ s.. " d I t rtainfttent mOnager er eatcFtainer teallse rem aduk elltcrtainment cstablishment '.vitheul 811 a .lIt :nl~ nse shall be sigaed by the appliellftt and city. All applieati 0 ns fur a mllflager' s er en~~ne: ~II 1~.ei\lIappHeRtions shall be submitted en a fol1ft notarized er certificd te be tme un<Ier.pe~all) e I' rJ ~ "'in information: supplicdby the eity, whieh shall reljulfe ~ne IlIde t~~~ o:~mfcr, date 8ftd plaee ef birth, finge~rints The II(lplieant's name, heme address, eme Ie ~p 'ty ber and any stage names er nleknames ~en by the Fedeflll WIl}' peliee depaFlmeftt, 8eBlal 8eelli'! num , used ill entertaining. '.. -It. h th HeaRt iatends te v,'ark. b The n_e and address ef eooh busmess ~" Ie h e ap~ 18 years Afi}' !viO ef the f-o 110 wing shall be . DoeemeRtation that the applieaRt has attuned t e age 0 . :;'cepted M doeumcRllltion e f ~: . db . . late bearing the applieaRt' s photogFllp h and <I&te of 1. /'.. motor ~/ehiele opefator' s heense Issue ) an) s birtIr. r ' a t gFIIplt fIR'" date of birth; 2 A ~late issllcd identifioation eard bearing the II(lpleant s.p e e _ on . L" . It isseea by the Unites States of L^..menea. 3. An effic~al p~spe d' d by the United Slates ef Ameriea; or 1. Alllmmlgrallon eRr- -.Isoue . , . t be ooee table. . . . 5. ....11). ether identifioatlen that the ~I~ determlRes olieant fe~ any misdemeaner er felony vlelatlo~s I~ '" A eempl cte statement efall eall VIEltlO1IS . a f the al'p. d' ntel y prcee<ling the date ef the app hentl8n, h:' . other eity eounty, er s!llte within five. ycar3 ImIDe I t IS or aft) .'. . kame infmetIoRs. aX<lept parkiflg -"olatlens e~ mlll,or . . al ooti"ities or services te be renEieroo. e. A dcssription of the II(lpllOlIftt s pnnelp · r t taken within six meRths of tlte datc of f. T\vo twa ineh by two ineh f)hatogFaphs of an app lean , applieation showing enly.the .flJlI fnee. d I' es to inveotigate and eenfil1ft aRY slatements set forth g. L^..ethori:mtioR for the eIt)', Its ageftts 8:R emf) 0) e in the applieatioR. 94 (2) The elerk may request additional information or clarification Yl.'hen neeessary to determine eompliance yyvith this ehapter. (3) 1.... manager's or an eatertainer's hcease shall be iss\:Ied by the elerk within 11 days from the date the complete applicatioR aRd fee are reeeived Mnless the elerk determiRos that the applieaRt has failed to proyide an)' information req\:lired to be supplied aceordiRg to this chapter, has made aR)' false, misleadiRg or fraMdMlent statement of material fact iR tRe application, or has failed to meet any of the reqMirements for issuaRce of a lieeRse Hader this chapter. If the elerk determiRes that the applicant has failed ta qualify for the hceDse applied for, the clerk shall deRY the application iR y;;ritiRg and shall cite tho specific reaSORS therefor, iDelHding applicable lav/s. (1) Every adMit eRtertaiRer shall prow/ide his or her lieeRse to the adult eatertaiRmeRt establishment maaager on duty on the premises prior to his or her performance. The manager shall retain tRe licenses of the adult entertaiaers readily available for iaspection by the city at aFl)' time during busiRoss hOMrs of the adult entertainmeDt establishment. (c) Temporary entertainer ar manager license. ~'\n applicant for an adult entertainer's license or manager's lieense shall be issued a temporar)' license \:Ipon receipt of a complete license application and fee. Said temporary liceRse ".viII automatically expire OR the fourteeRth day follo';/iRg the filing of tho complete applicatioR aDd fee, uRless the clerk has failed to approve or deny the liceHse application iR v/Rioh case tRe temporary liceRse shall be valid until the clerk approves or aeRies tRe applicatioR, or uBtil the fiRal determiRatioR of aft)' appeal from a denial of the applicatioR. In BO event may the clerk exteRd the applicatioR Fey/ie'll time for more than an additional 20 days. (Ord. No. 90-55, 9 7(A), (B)(l) - (3), 5-1-90; Ord. No. 92-129, 9 1,3-17-92; Ord. No. 95-241, 9 1, 8-15- 95; Ord. No. 97-290, 9 1,3-4-97; Ord. No. 97-298, 9 I, 8-5-97) SECTION 42. A new section shall be added to Chapter 9, Article III, of the Federal Way City Code to read as follows: 9-110.3 Mana!!er or entertainer license application. An application for a manager or entertainer license shall include the following information: (1) The applicant's name. home address. home telephone number. date and place of birth. fingerprints taken by the Federal Way police department. Social Security number. and any stage names or nicknames used in entertaining. (2) The name and address of each business at which the applicant intends to work. (3) Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age: (a) A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth: (b) A state-issued identification card bearing the applicant's photograph and date of birth: (c) An official passport issued by the United States of America. (d) An immigration card issued by the United States of America: or (e) Any other identification that the city determines to be acceptable. (4) A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city. county. or state within five years immediately preceding the date of the application. except parking violations or minor traffic infractions. (5) A description of the applicant's principal activities or services to be rendered. (6) Two two-inch by two-inch photographs of an applicant. taken within six months of the date of application showing only the full face. (7) Authorization for the city. its agents and employees to investigate and confirm any statements set forth in the application. 95 SECTION 43. A new section shall be added to Chapter 9, Article III, of the Federal Way City to read as follows: 9-110.3 Adult entertainment license issuance. (1) The clerk shall notify city departments of a complete application for an adult entertainment establishment license pursuant to FWCC 9-30. Each department notified of the application shall. within 25 days of the date of the application. inspect the application and premises and make a written report to the clerk whether such application and premises complies with the laws administered by such department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premise is not yet constructed. the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult entertainment establishment license approved prior to the premises construction shall contain a condition that the premises may not be open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it fmds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor. including applicable laws. (2) The clerk shall issue a license under this article (chapter) within 30 days of the date of filing a license application and fee for a adult entertainment establishment license or within 14 days of the date of filing a license application and fee for a manager or entertainer license. unless the clerk determines that the application is incomplete: the applicant has failed to meet any of the requirements of this chapter: the applicant has failed to provide any required information: or that the applicant has made a false. misleading. or fraudulent statement of material fact on the application. If the clerk finds that the applicant has failed to meet any of the requirements for issuance of the license. the clerk shall deny the application in writing and shall cite the specific reasons therefor. including applicable law. (3) If the clerk fails to find an application for a adult entertainment establishment license incomplete. issue the license. or deny the license within 30 days of the date of filing of the application. the applicant shall be permitted. subiect to any other applicable law. to operate the business for which the license was sought until notification by the clerk that the license has been denied. but in no event may the clerk extend the application review time for more than an additional 20 days. The adult entertainment establishment license. if granted. shall state on its face the name of the person or persons to whom it is issued. the expiration date. the doing-business-as name and the address of the licensed establishment. (4) An applicant for a manager or entertainer license shall be issued a temporary license upon receipt of a license application and fee. The temporary license automatically expires on the 14th day following the filing of the application and fee. unless the clerk fails to find the application incomplete. issue the license. or deny the license: in which case the temporary license shall be valid until the clerk approves or denies the application. In no event may the clerk extend the application review time for more than an additional 20 days. SECTION 44. A new section shall be added to Chapter 9, Article III, of the Federal Way City Code to read as follows: 9-110.7 Displav of entertainer's license. Every adult entertainer shall provide his or her license to the adult entertainment establishment manager on duty on the premises prior to his or her performance. The manager shall keep the licenses of the adult entertainers readily available for inspection by the city at any time during business hours of the adult entertainment establishment. 96 SECTION 45. Chapter 9, Article V, Section 9-207, of the Federal Way City Code is hereby repealed as follows: 9 207 [F'VRC 12.15.020)CFiminal penalty. (a) Prohibited acts Gross misdemeanor. RC'N 19.60.066, iHcludiag all future ameadmeats, additioas or deletions is adopted by reference. (b) BY/ef)' payyvnbroker or secondhaRd dealer aad eYler)' derk, ageat or employee of such paYNflbroker or secoadhaad dealer, v;ho commits the folloyyviag acts is guilty of a misdemeanor, aad upon con',ictioa thereof, shall be punished as provided ia F'HCC I 13: (1) Falsifies, obliterates, destroys or remoy/es from his or her place ofbusiaess such book or record; (2) Refuses to allow a represeatatiye of the laYi eaforcemeat authority f-or the city to iaspeet the same, or any goods ift his or her possessioft, duriftg the ordiflary hours of busitless; (3) Reports an)' material falsely to the lay;; eaforcemeat authority for the city; ( 4) Fails before close of busiaess oa the first day of the y.veele to furnish the law eaforcement authority for the city with a full, true and correct transcript of the record of all transactioas had during the past business weelE , (5) Fails to report forth'.vith to the la':; eaforoemeat authorit)' for the city that possessioa of any property which he or she may have good cause to belie';e has beea lost or stohm, together v;ith the flame of the ov;aer, if lrno.:/a, and the date whea recei~/ed, and the Raffle of the persoa from Y.vhom the same yyy:as receiY/ed; (6) Remoyes or allov/s to be removed from his or her place of business C1wept upoa redemptioa by the o.:;aer thereof, aay property reoeiyy'ed '.vithiR five years after receipt thereof has been reported to the law enforcement atlthority for the cit)'; (7) Reeeiyes aft)' property from an)' persoa y.vhieh he or she has good cause to belieY,e is lost or stolea; (8) Refuses to retHm property which has beeR ideRtified as stoleR or pa'Haed '.vithout authori:mtioR, to aRY persoa the pavlflbrok-er, a clerk or employee lrnoY:ls to be the rightful O\\'fler, or to charge a fee for the retHm of such property to the rightful o"/mer; (9) Violates aft)' pf(y/isioa of article by aR act of either omissioR or comm.issioR. (Ord. No. 90 57, ~ 15(A), 5 I 90; Ord. No. 03 440, ~ 3,3 18 03) SECTION 46. Chapter 9, Article V, Section 9-208, of the Federal Way City Code is hereby repealed as follows: 9 208 Civil penalty. In additioR to 8ft)' other peRalty provided in this article or by la'yy, aft)' persoa y.vho violates aR)' provision of aft)' business HoeRse orainaftoe shall be subject to a ci'lil peaal!y ia an amount Rot to exceed $250.00 per violatioR, to be directly assessed by the cit)' clerk The oity clerk, iR a reasoaable manner, may Y/ar)' the amouRt of the peaalty assessed to eORsider the appropriateness of the peRalt)' to the size of the Busiftess of the violator; the gravity of the violatioa; the aumber of past afta preseRt y,iolatioHs committed; afld the good faith of the violator ia attemptiag to aehieY/e compliance after Hotifieatioa of the violatioa. All civil peaalties assessed ':lill be eaforcea alul collected in accordance ':/ith the procedur-es specified iR FWCC 9 221 thr6Ugh 9 230. (Ord. No. 90 57, ~ 15(B), 5 I 90) SECTION 47. Chapter 9, Article V, Section 9-221, of the Federal Way City Code is hereby repealed as follows: 9 221 Notifieation of suspension, Fe\'oeation, deaial OF ei~..il penalty. 97 '../heft the eity elerk detefHliftes that there is eaHse for deftyiftg, sHspeftcling aT revakiag aR)' lieense issHed fHifsHant to this artiele, or assessiRg a eivil peRalty, the eity slerk shall natify the persan hoMing sHeh lieeRse by persoaal serviee or registered ar eertified mail, rerum reeeipt requested, of the desisian. Notiee mailed to the address en file shall be deemed reeeiy/ed three days after mailing. The Retiee shall speeify the gF0Hads for the deaial, sHspeRsioR, rtweeatioR ar peaalty assessmeRt. The eiyil peRaI!)' shall be due aRd the deRial, sHspeasiaR er re-laeatioR shall beeome effeeti"le 10 days tram the c:late the Ratiee is delivered ar deemed ceeei-/ed 1:lRless the persoR affeeted thereby files a v/ritteR retlHest with the eity elerk for a hearing befure the heariRg examiaer -;,ithia sHeh 10 day period. (Oftl. No. 90 57, ~ 1(A.), 5 1 90) SECTION 48. Chapter 9, Article V, Section 9-222, of the Federal Way City Code is hereby repealed as follows: 9 222 Autharity af heariBg eHHliBer. The eity heariag examiner is desigaated ta hear appeals by parties aggriey:ed BY aetioRS af the eity clerk in sHspendiflg, revokiag or den:yiRg a lieeRse or assessiag a sivil peRalt)' }3lirsHant to this artiele. The hearing eKafHiaer may adapt reaseaable mles ar regulatioas for eaaduetiag its busiRess. Capies af sHeh mles and regulatioRs shall be deliy,ered to the sity derk who shall make them freely aeeessible to the ~~~i:. ..\11 deeisian~ and fmdiags of the heariag examiner shall be f6Rdered to tlte appellant ia .'lriting WIth a eopy to the 6lty e1erk. (OFeI. No. 9G 57, ~ 4(B), 5 1 90) SECTION 49. Chapter 9, Article V, Section 9-223, of the Federal Way City Code is hereby repealed as follows: 9 223 Natiee sf appeal. An)' persaa falliag HRder the prayisioas af this artiele may appeal fraffi aay notiee of sHspeasioa, aeaial or reyoeatioa or ei.:il penalty assessment by filing Y.Ylith the aity elerk \vithin I 9 days from the date the Rotiee is aelivered ar deemed reeei",ed, a \'ffitteR appeal eORminiRg: (l) ..A.. headiag ia the -"lords: "Before the HeariRg EJ(afHiner f-or the eity af Feaeml \VR)'''; (2) ..A.. eaptioR reatling: "Appeal of _" giviHg tlte RalRes af all appellaRts partieif)atiag iR the af)peal; (3) }to.. brief statement setting forth the legal interest af eaeh of the appellaRts f)artieipating ia the apf)eal; (4) ..A.. brief statement in caaeise language of the specifie order ar aation pretested, together v/ith any material faets elaimed to suppeR the eontentieas af the appellant; (5) ..A.. brief statemeat Hi concise lang1:lage of the relief SOHght, and tlte reasoas Y;/li:)' it is claimed the protested order ar aation should be f6~'ersea, modifiea, €)r othenvise set aside; (6) The sigaatures af all parties Ramed as appellants, aRd tHeir affiaial mailing addresses; aHd (7) THe ",erification, by deelafation Hnder peaal!)' of perjl:lf)', of at least aRe appellant as to the tmth of the matters smted in the appeal. (Ord. N€). 90 57, ~ 4(C), 5 1 90) SECTION 50. Chapter 9, Article V, Section 9-224, of the Federal Way City Code is hereby repealed as follows: 9 224 Date, time, plaee fer heariBg. As soon as praetieable after reeei",ing the \Vi'itteR appeal, the hearing ex:amiRer shall fix a date, time aHd plaee for the heariRg of the appeal. SHch date shall be Rot less than 10 days Ref more than 60 days 98 from the date the appeal '.vas filed '::ith the city clerk. \}/ritten notice of the time and place of the hearing shall be given at least 19 da)'s prier to the date of the hearing to each appellant by the heariRg examiner's office either by calising a copy of such notice to be deli'lered to the appellaRt personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address sho\vn on the appeal. (Ord. No. 90 57, ~ 4(D), 5 1 90) SECTION 51. Chapter 9, Article V, Section 9-225, of the Federal Way City Code is hereby repealed as follows: 9 225 Rights af appellaBt. At the hearing the appellant shall be eHtitled to appear in person and be represented by COURSel aHd offer slich evidence pertinent aBd material to the action of the city clerk. (Ord. No. 90 57, ~ 1(E), 5 1 99) SECTION 52. Chapter 9, Article V, Section 9-226, of the Federal Way City Code is hereby repealed as follows: 9 22' Seope af matters eOBsideFed iB appeal. Onl)' those matters or isslies specifically raised by the appellant iR the written notice of appeal shall be censidered in the hearing of the appeal. (Ord. No. 99 57, ~ 4(F), 5 1 90) SECTION 53. Chapter 9, Article V, Section 9-227, of the Federal Way City Code is hereby repealed as follows: 9 227 "'aiveF of Fight to appeal. Faillife of all)' person to file an appeal in acconlance with the proyisions of this di'lision shall cOBstitute a waiyer of his or her right to an administrati'le hearing and adjudication of the notice and order, or aftY portiOR thereof. (Ord. No. 99 57, ~ 4(G), 5 1 99) SECTION 54. Chapter 9, Article V, Section 9-228, of the Federal Way City Code is hereby repealed as follows: 9 228 Stay of eBfoFeemeBt. Enf{)fCement of aftY netice and oreer of the city clerk shall be stayed during the pendency of an appeal therefrom "::hich is properly aRd timely filed. ( Or-6. No. 90 57, ~ 4(H), 5 1 99) SECTION 55. Chapter 9, Article V, Section 9-229, of the Federal Way City Code is hereby repealed as follows: 9 229 ........diaB afteF keanBg. Upon completioH of the hearing, the hearing examiner shall: (1) ..'\ecept the recommenaatioR as presented; (2) DeliY the recommended aetion; or 99 (3) ~foc:lif)' the reeemmenc:lec:l aetion. (Ora. No. 90 57, ~ 4(1), 5 1 90) SECTION 56. Chapter 9, Article V, Section 9-230, of the Federal Way City Code is hereby repealed as follows: 9 239 Appeal fFom heari8g exami8eF. ~'\n appeal frElm a deeision of the heariRg examiRer shall be tEl the COURt)' superior eouct aRa shall be served and filed \vithin 39 days of the deeisiEln of the hearing eKaminer. In the eveRt the applieatlt or (ieeRse holder does Rot follo~;l the proeedures o.vithiR the time periods set forth in this dio,ision, the aetioR of the heariRg examiner shall be final. (Ord. No. 90 57, ~ 4(J), 5 1 90) SECTION 57. Chapter 9, Article V, Section 9-242, of the Federal Way City Code shall be amended to read as follows: 9-242 Application. W All applications for issuance or renewal of a pawnbroker's or secondhand dealer's license shall be filed "."{ith the eity elerk on fOffilS furnishea for suen purpose, afld shall be accompaRied BY the required fee.(e) The applieation shall state the true name of the applicant, who shall be not less than 18 years of age, the names, addresses and telephone numbers of all persons having fmancial, proprietary or other interest in such pawnshop or secondhand shop, and a list of any criminal convictions for such persons during the past 10 years, together with suen other inf-ormatioR as the city clerk deems appropriare. (Ord. No. 90-57, ~ 3(A), 5-1-90) SECTION 58. Chapter 9, Article V, Section 9-244, of the Federal Way City Code is hereby repealed as follows: 9 244 C FOHBds fOF de8ial. The cit)' clerk shall aeRY the applieaRt the liceRse if: (1) As a resHlt of the investigation, the eharaeter ana bHsiness resp0Rsibility of the applicant Me founa to be URSft1isfae-tory; (2) The applieant has eommittea aRY aet eORsistiRg offraHd or misrepreseRtatioR; (3) The applieaftt has eommitted any aet ";{hich, if eommittea by a lieeRsee, vloHld be groHnds for sHspeRsioa or reYOcatioR of a lieeRse; (4) The !lliLapplieaftt has, withiR the pr-evioHs 10 yeMs, BeeR eonvieted of a misdemeaRor or felony aireetly relating to the oecupatioa of pao.vabrElker or seeoadhaaa dealer, inelHaiag, bHt ROt limited to, those misdemeaflors ana felonies iRyoh'ing theft, possession of stoleR property, moral mrpimde, fraHa or misrepresefttation; (5) The applieant has been refusea alieense HRder the proo,isions of this artiele; pFOyided, ho~.veo"~er, that any applieaRt aenies a Heens€) under the provisioRs of this artiele may reapply if and ".yhen the reasons for seaial Re 10Rger exist; or (6) The applieaflt has maae afty false or misleasiag statemeRt ia the applieatioa. (Ord. No. 90 57, ~ 3(C), 5 1 90) 100 SECTION 59. Chapter 9, Article V, Section 9-245 of the Federal Way City Code is hereby repealed as follows: 9 245 Fees. The aRRHal fee for a pa"Nflbroker's lieeRse or a secoRdhand dealcr's license shall be on file in thc city derk's office. (Ord. No. 90 57, ~ 5(A), 5 1 90) SECTION 60. Chapter 9, Article V, Section 9-249, of the Federal Way City Code is hereby repealed as follows: 9 249 C FOllRds faF Fevoeatioa. LiceRses issued pMrsuaRt to this division may be revoked by the eity cIcrk after flotiee aad hearing for any of the following eaMses: (1) Fraud, misrepresentatioR or false statement eORtaiRed in the application for license; (2) Fraud, misrepresentation or false statement made in the eourse of earryiRg on the business as pa'.vnbroker or seeoRaflafld dealer; (3) .'\ yiolation of this artiele; or (4) Con~lietioR after submission of the applieatioR for a pavlHerolcer's Of seeoRdhafls sealer's license of a feleRY or misdemeaaor direetly relating to tlle oeeupation of pavmbrokef or secoRdhaRd dealer, inclHdiRg, but ROt limited to, those misdemeaRors aRd felonies iR",olving theft, possession of stoleR pr-operty, moral turpitude, fraHd or misrepreseHtatioR. (Ord. No. 90 57, ~ 3(D), 5 1 90) SECTION 61. Chapter 9, Article VI, Section 9-293, of the Federal Way City Code is hereby repealed as follows: 9 293 Violatiaa Peaalty. '..fly person ";iolatiHg Of failiHg to comply 'with aflY of the proyisiofls of this artiele is guilty of a misdemeaRor aRd HpOR cORvictioR thereof shall be pHHished by a fiRe iR an)' sHm Rot to exceed $250.00 or by imprisoRmeHt for a perioa not to eXiieed 90 days. (Ord. No. 90 28, ~ 1(6.24.310),2 13 90) SECTION 62. Chapter 9, Article VI, Section 9-294, of the Federal Way City Code is hereby repealed as follows: 9 294 Civil peBalty. In additioR to or as aR alternative to aR-Y other penalty provided iR this article Of BY la'.\' aR)' persoR '.\'ho ",iolates aRY pro',isioR of this article shall be sHbjeet to a eiyil peRalt)' iR an amoHRt ROt to exeees $250.00 per ";iolatioR to be direetly assessed by the lieensiag aHthority. The lieeRsiRg aHthority, in a reasoRable maimer, may vary the amouRt of the peRalty assessed to eORsider the appropriateaess of the peflalty to the size of the bHsiHess of the "liolator; the grayity of the violatioR; the HumBer of past aRd present violatioRs eommitted aRd the gooa faith of the violator in attemptiRg to aehie~/e eORlpliance after notification of the ",iolatioR. ~\ll ei",il peRalties assessed will be cmforced aRs collected iR aeeordance ';{ith the proeedHre specified under this artiele. (Ord. No. 90 28, ~ 1(6.24.320), 2 13 90) 101 SECTION 63. Chapter 9, Article VI, Section 9-295, of the Federal Way City Code is hereby repealed as follows: 9 295 Additi8BsI e8foreeme8t. Notvlithstaadiag the existeRee or Hse of any other remedy, the lieeRsiag aathority may sed, legal or eqHital:Jle relief to eajoia aft)' aets or praetiees whieh eORstiwte or ".viii eonstimte a yiolfttioR of this artiele. (Ord. No. 9Q 28, ~ 1(6.21.339),2 13 90) SECTION 64. Chapter 9, Article VI, Section 9-307, of the Federal Way City Code shall be amended to read as follows: 9-307 Application. An application for a license under the provisions of this division shall be in the form prescribed by the licensing authority and shall include the following: (1) Full Hame and busiRess address of the applicant; (2) Name Hnder v/hich the applicaRt iateHds to do busiaess; (3) /.... statemeHt as to the geneffll aatl:lrc of the bHsiRess iH which the applicaRt inteRds t-o engage; (4j Whether or not a frrearm is to be used in connection with the applicant's duties as a licensee; (~2) A statement as to the classification under which the applicant desires to be qualified; (6J) The full name and residence address of each of its officers, partners, and directors, if the applicant is an entity other than an individual; (~) Three recent photographs of the applicant, of a type to be prescribed by the licensing authority; (&~) A classifiable set of fmgerprints; (9Q) A statement of experience qualifications; (WI) Employment history for five years preceding the date of the application; and (1+.8) A list of arrests, convictions or confinements;--tlftd (12) f ...flY other iaformation, evideRee, statements, or aoeuments as may be required by the lieeHsiag aathority . (Ord. No. 90-28, ~ 1(6.24.040(A)), 2-13-90) SECTION 65. Chapter 9, Article VI, Section 9-312, of the Federal Way City Code is hereby repealed as follows: 9 312 Fees. Fees for lieenses uader the provisions efthis aio,isioH are OH file ia the eity elerk's offiee. (Ord. No. 9Q 28, ~ 1(6.24.0&0), 2 13.90) SECTION 66. Chapter 9, Article VI, Section 9-313, of the Federal Way City Code is hereby repealed as follows: 9 313 C Founds far deBial. The lieensiRg authority may deft)' a lieease if the applieant, if afl indi";id1:lal, has, or if the applicaflt is a persoa other thaR aa indi",idHal, that aay of its officers, direetors, or partners haye: ( 1) Committed any act eORstituting fraud; (2) Committed ftfly aet, ....:hieh, if eommitted BY a lieeasee, \VOHld be a grouad for the sHspeasioH or reYOeatioR of a lieense Hader the provisioRs of this article; (3) Committed aflY aet resulting ia eOR",ietion of a feloa)' or a erime iw:olviag moral tl:lrpiwde; 102 ( 1) A record, based upoa reliable eyideRce, which leads to the reasonable cOflclusioa that the applieant is Rot eompetent to perfoffil the duties aad fulfill the respoasibilities of a lieeasee HRder the provisions of this article; (5) Been refused a lieense undcr the pro'lisiofls of this article or had a liceflse re~'olced; pro"lided, ho.....ever, that any applicaRt deaied a lice8se u8der the pro",isions of this article may reapply after six mORths if the basis fur sHch denial 80 10Rger exists; (6) Been aa officer, direetor or partaer who knowiRgly participated or acquiesced in the acts or conduct of aRY perSOR, as defi8es by this artiele, for which that person was refused a licensc, or \vhose license ".vas reyolced HRder the pro",isions of this di';ision; (7) lHhile tmlicensed, eommitted or aided and abetted thc eommission of any act for "I.hich a licease is required Hader the proyisions of this artiele; (8) Failed to suecessfully eomplete the firearms test spccified in F\VCC 2]l2; (9) ~1ade aay false statemeats in the applieation; or (10) Failed to compl)' with the requirements ofF'HCC ~ and 2..]2Z. (Ord. No. 90 28, ~ 1(6.24.090), 2 13 90) SECTION 67. Chapter 9, Article VI, Section 9-317, of the Federal Way City Code shall be amended to read as follows: 9-317 Suspension, denial for failure to file bond, insurance. W Every licensee under this division shall at all times maintain on file with the director the surety bond and insurance required by this division in full force and effect and upon failure to do so, the license of such licensee shall be suspended and shall not be reinstated until this requirement is met. (b) The lieeRsing aHthority shall deB)' the applicatioR for a licease if the applicant fails to satisfy the sHrety bond or iasHfftnee requiremeBts. (c) The lieeasiRg aHthority may refuse to reinstate a liceRse Rotwithstafiding the lieeasee' s eompliaace ".vith this sectioR, if, dl:lriag the suspension, the licensing aHthorit)' fmds: (1) ~A..flY reasoR which v/oHld jl:lstify refusal to issue or jHstifies a sl:lspension or re"loeatiofl of a lieease; or (2) Performance by aR applieaftt of any practice, while Hnder sHspensioR for failure to keep his or her sHrety boad or iflsuranee ifl f-oree, for which. a lieease t:lHder the pro";isions of this diyision is required. (Ord. No. 90 28, ~ 1(6.21.210),2 13 90) SECTION 68. Chapter 9, Article VI, Section 9-319, of the Federal Way City Code is hereby repealed as follows: 9 319 Tril8skrftlJilit}'. A lieease issHed Hnder the provisiofls of this di'lision shall apply to a single location only aad shall Rat Be traflsrerable to other 10eatioRs or to any other perSOR other than that designated on the liceRse; provided, ho".veyer, that, iR the e'/eRt of death of the individual, part8er or offieer ".vho satisfied the reqHiremeats of F'NCC ~(a), the survi",iRg spOHse, partncr or officer may operate HaSer the existiag lieease for a period not to exceed 90 da)'s; further pnr:ided, ho~;{e~ler, that, at the ead of this 90 de)' period, the surviviRg spoHse, partHer or offieer shall satisfy the reqHiremeRts of FWCC ~(a). (Ord. No. 90 28, ~ 1(6.24.110),2 13 90) SECTION 69. Chapter 9, Articl~ VI, Section 9-321, of the Federal Way City Code shall be amended to read as follows: 9-321 Unfair or deceptive acts Re\'oeatio8 or suspe8sio8 CroHBds. 103 (a) The lieeRsiag aHthority may ~mspend or re"loke a lieeRse issued uaser the provisioRs of this di"lisioR if it is determiRed that the lieeasee, if aR iRdividWlI, has, ar if the lieeasee is a persoa other thaR aR individHal, that aR)' of its offieers, direetors, or pa:rtaers have: (1) ~4ade aft)' false statemeRt or givea aflY false iRformatioR iR eORneetioR v:ith aR applicatioa f-or a lieease or a reae.;/al or reiastatement of a lieease; (2) Violated an)' of the provisioRs of this artiele; (3) BeeR eonvietea of a felofty or any erime iRvoh'ing moral turpiwde; ( 1) Illegally Hsed, eamea ar possessed a dangerous v/eapon; (5) Violated any rule of the lieeRsiag aHthority adopted pHrsHaat to his or her authority eontained in this ~ (6) Committed or permitted any employee to eommit aflY aet, while the lieense was expired, whieh "NO Hid be caHse for the suspeRsion or revoeation of a lieeRse, or grouads for the deRial of an applieation for a lieeRse; (7) Kno~;/ingly .;iolated, or advised, eRcoliraged or assisted the yiolatioR of, aRY e01:lrt order or injunetioR ia the eourse of bHsiness as a lieensee; (8) ~A..eted as a ruaaer or eapper f-or afty attorney; or (9) Committed any act whieh is a groHnd for deHial of aa applieation for liceRse HRder the provisions of this division. (b) The lieeasiflg al:lthority may sHspead ar revoKe a lieease issued uader the proolisioas of this si";isioa if it is deteffilined that the lieeasee, if an iadh'ialial, has, or if the lieeRsee is a perSOfl other thaft aft indi";idual, that aft)' of its officers, direetors or partaers have ICfla..yingly emplo)'ed, or lrnov/iagly has ia their employment 8ft)' person \vho: (1) Has eommitted afty aet, ";{hieh, if eommitted by a lieeRsee, would be grouads for suspensioR or re~/oeatioR of a lieease HRder the pro",isioas of this artiele; (2) Has beea eonvieted of a felon)' or afl)' erime invelYing moral turpitHde; (3) Has a reeord, based HpOR feliable e-:iseaee, whieh teaas to the reasoaable eOflelHsioa that the applieant is ROt competent to perform the sHties aRd fHlfill the respoasibilities of a registrant Hader the provisions of this artiele; (1) Does ROt possess a ".'alid registration eaFd issHed Hnder the pro",isioRs of FV/CC ~ et seq. (e) The lieeflsing aHthority may suspend or re"/oke a lieeftse issued under the pFO"Iisioas of this divisioa if he or she determiRes that the The licensee, if aa iRdi",idHal, has, or any of the officers, directors, partners, or employees if of the licensee is a persoll ather than aft indiyidHal, have eommitted or Hsed shall not commit or use any unfair or deceptive acts or practices in the course of the licensee's business. Examples of such acts and practices are: (1) Engaging in retail installment transactions with members of the public in the state without complying with all applicable provisions of Chapter 63.14 RCW on retail installment sales; (2) Using a name different from that under which the applicant is currently licensed on any advertisement, solicitation, or contract for business; (3) Knowingly making a false report to an employer or client for whom the information was being obtained; ( 4) Wilfully failing or refusing to render a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, if required by law; (5) Making any false, deceptive or misleading representations to members of the public concerning the qualifications of employees and agents of the licensee, the nature or extent of the services provided by the licensee, or the cost to members of the public of services by the licensee; (6) Manufacturing evidence; (7) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing slander or libel in the course of business; or 104 (8) Accepting employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of employment by such client or former client. (Ord. No. 90-28, 9 1(6.24.100(A) - (C)), 2-13-90) SECTION 70. Chapter 9, Article VI, Section 9-322, of the Federal Way City Code is hereby repealed as follows: 9 322 R-evoeation or sHspensioa Effeetive date. (a) SHspensioR or re"locatioR of a licease issHea HRder the provisions of this di';isioR shall take effect only after the eJ(piratioR of the period in which an appeal thereof may be filed. (b) lR eases of sHspeasioR, the lieeRse or registratioR shall be reiRstated Hpon eompliancc with the ',iolated pro"lision of this article or uRtil the perios of sHspeasion fixed by the lieeRsiflg authority has expired. (c) In eases of reyocatioR, the license or registratioa shall be cancclled; pro'/ided, ho".vever, sHeh re~/ocatiofl f-or ";iolatioa of any of the provisioas of this article shall Rot relie"lo the liceRsee or registraRt of the peRalties otherwise provided f-or in this article. (Ord. No. 90 28, ~ 1(6.21.100(D), (E)), 2 13 90) SECTION 71. Chapter 9, Article VI, Section 9-341, of the Federal Way City Code is hereby repealed as follows: 9 341 Denial, sHspeasioB sr revoeatisn. The lieeasiBg aHthority may refuse to register aRY empleyee or may suspeRd or re~/oke a pre~;ioHs registratioa, if the individHal has eammittea 8:fl:Y aet whieh, if eommittes by a lieeRsee, ':;ould be a groHRd for refusing to issue a licease, or for the sHspeRsioR or fe~/oeatioR of a lieeRse HRder the provisioRs of this afttele.: (Ord. No. 90 28, ~ 1(6.24.260), 2 13 90) SECTION 72. Chapter 9, Article VI, Section 9-343, of the Federal Way City Code is hereby repealed as follows: 9 343 Fee. The registFation fee for employees of a lieeRsee is oa file ia the eity clerk's offiee. (Ord. No. 90 28, ~ 1(6.24.299),2 13 90) SECTION 73. Chapter 9, Article VII, Section 9-388, of the Federal Way City Code is hereby repealed as follows: 9 388 PeBal!)' far violation. ( a) L\ny flersoR afle the offieers, aireetors, maRagiRg ageRts, or partRers of any eorporatioa, firm, partRership or other orgaRi~ioR or BHsiRess violatiRg or failiag to compl)' ";/ith 00)' of the pravisioRs of this artiele shall be guilty of a gross misdemeaRor. (b) In additioR to any peaakies pro',idea iR this seetioa, any eonditioa eaused or pcrmittea to exist iH "liolatioR of aa)' of the pro",isioDs of this artiele is a pHblie nHisaRee and all remedies giveR by law:: for the pre';eatioa aDd abatemeRt of aHisaaces shall apply thereto. Further, each day that SHCa eORditioR or ';iolation contiaHes shall be regarded as a new aRd sepa:rate offense aRd shall be pHRished accordingly. (Ord. No. 90 62, ~ 8,6 19 90; Oed. }Io. 91 110, ~ 8, 11 5 91; Ord. No. 02 129, ~ 15, 11 19 02) 105 SECTION 74. Chapter 9, Article VII, Section 9-403, of the Federal Way City Code shall be amended to read as follows: 9-403 Application- Procedure. (a) No temporary l:msiaess lieense shall be issued or reRev/ed eKee13t Hpoa ":/Titten applieatioR made to the eity derk. SHeh applieatioR shall Be sigHed by the persoa "::ho intends to eoasHet, operate Of eagage in the temporary bHsiness for ".vhich the lieeHse is to be issHes, aHd shall state the nature and asdress or addresses of the temporary BusiRess Of (:msiHesses, or proposed temporary Busiaess or bHsiaesses, of the applieant, An application for a temporary business license shall include the anticipated dates on which the temporary business or businesses will be conducted, 8.ftd sHeh other iRformation as may be required by the eity elerk. (b) If the applicaat is a partRership, the applieation mHst be made aflS sigHed BY ORe of the partRers. If the applieam is a corporatioa, the applieation mHst be signed by one of the offieers thereof. If the applieant is a foreign corporatioa, partnership or ROBfesideat iBdi~lidual, the applieatioB mHst be signes by the resident ageBt or loeal maflager of the corporatioR, partHership or iadiviaHal. (e) Upea receipt of a completed applieatioR, the IillLcity clerk shall f-erward completed &pplieatioas the same to tHe eity maRager for re"lie\v. The city clerk m&Rager, or his or her designee, shall review the application for compliance with the criteria and conditions set forth in FWCC 9-406. If all requirements set forth in FWCC 9-406 are met, the eity maHager shall aHthorize the city clerk te shall issue the license. If the requirements are not met, the license shall be denied and the city clerk shall notify the applicant. No person may engage in or conduct a temporary business until a license has been granted. (d) Neither the filing ef an ltflplieation for a license, Bor the paymeBt of any applieatioR fee, shall authorize a persoR to eagage ia or eOBduet a temporal)' bHsiRess uHtil sHch lieease has beea gmates. (Ord. No. 90-62, ~ 3,6-19-90; Ord. No. 91-110, ~ 3, 11-5-91) SECTION 75. Chapter 9, Article VII, Section 9-405, of the Federal Way City Code is hereby repealed as follows: 9 495 Fees. A aOHrernndable applicatioa fee in the amount of $25.00 shall aceompaH)' eaeH application. (Onl. Ne. 99 62, ~ 3(~\), (; 1990; Ora. No. 91110, ~ 3,11 591) SECTION 76. Chapter 9, Article VII, Section 9-407, of the Federal Way City Code is hereby repealed as follows: 9 407 ReV6eati6B 6r sHspe8sioB. The eity manager may, at aH)' time, sHspeBd or revoKe aay lieeBse issued HRdef the pravisioas of this diyisioB wheaever tHe lieeHsee, Of aft)' offieer, employee Of panaer thefeof: (I) Has yiolated aft)' feseml, state or eity statute, lawN, regHlation or orsiHanee UpOR the busiRess premises stated in the license er ia eoafteetiea \vith. the bHsiBess stated in the lieeftse, ";;hether Of BOt the lieeRsee, or offieer or partner ther-eof, has beeR eonvietea ift 8fty eOHrt of eompetent jurisdietioR of sHeh "liolation; (2) Is or has eORdueted, eftgages ia or operated tHe temporill)' bHsiness stated ift the lieease Hpoa premises ":;hieh do Bot eOftform to the erdiaaftees ef the eity; (3) Has maintainea or pefffiitted the temporary busiaess stated iH the lieeRse to be eoadueted, eRgaged in or opemted iR sHeh a maRaer as to eORstitute a pHblic Huisaftce; Of ( 4) Has made aft)' matefial false statemeRt or represeatatioR iR eORReetioR ".vith obtaiRiRg the liceRse. 106 (Ord. No. 90 62, ~ 6,6 19 90; Ord. No. 91 110, ~ 6, 11 5 91) SECTION 77. Chapter 9, Article VII, Section 9-408, of the Federal Way City Code is hereby repealed as follows: 9 408 f..ppeal. (a) \JfheRever the cit), maRager determiR0s that there is eause for sHspeRding, denyiRg or re~/okiRg aR)' lieeRse issHed pHrsuaRt to this division, the city clerk shall notify the perSOR holding the lieeRse by registered or eertified mail, return receipt requested, of the detenniRatioa. Notiee mailed to the address oa the lieeRse shall be deemed rcceiyed three da)'s after mailiRg. The notice shall specify the grOtifieS for suspeasioR, denial or reyocation. (b) The licensee may appeal the decisioR of the city manager to suspend, deR)' or re'/oke a temporary business liceRse by filing a -;{ritten aotiee of appeal to the hea:riRg examiner '.vithin 10 days of the eit)' manager's deeisioR. NotwithstaadiRg the filing of aR appeal, however, the liceRsec shall immediately cease operations pendiRg a final determiaatioR of the appeal. (c) Upon timel)' receipt of the Rotiee of appeal, the hearing examiner shall set a date for heanRg the appeal. The eity elerk shall mail Rotice of the date aRd time of the hearing to the licensee at least 10 days prior to the hearing date. (s) The heariag shall be de RO"lO. The heariRg examiRer may affirm, reverse or modify the eit)' maRager's decisioR. (e) The deeisioa of the hearing examiRcr shall be final. Any person desiring to appeal must file aR appropriate lawsHit in the emiRty superior court v:ithia 14 days of the heariag examiaer's deeisioa. (Ord. No. 90 62, ~ 7, (; 19 90; Ord. No. 91 110, ~ 7, 11 5 91) SECTION 78. Chapter 9, Article VIII, Section 9-422, of the Federal Way City Code is hereby repealed as follows: 9 422 Violations. (a) It shall be a misdemeanor to engage in any activity, aet or eORsuet in yiolatioR of aR")' of the pro",isions of this artie1e, inclHding, witllout limitatioR, operatiag or m8:Hagiag a pHblic daRce v/ithout ha",iag first obtaiaed a ";alid lieense, or renewal or operating or maaaging a public daace after revoeatioR or suspeasion of any dance halllieease. (b) i\flY actiyity, act or eoaaHet eoatrary to the provisioRs of this artiele is hereby seelared to be ualawful, aad the violatioR itself is aa iajHf)' to the eommuflity cORstitutiRg a pHblic RHisaRee. (Ord. No. 92 132, ~ 1(9.52), 4 11 92) SECTION 79. Chapter 9, Article VIII, Section 9-423, of the Federal Way City Code is hereby repealed as follows: 9 ~23 CUlRulative remedies. NovNithstaading the cxisteaee or use of aR)' other femes)', the eity m.ay seek aRY remedy a.;ailable at law, in eqHity or by statl:lte iReludiRg the right to eRjoia any aets or praetiees whieh eOflstitute a ";iolation of aft)' of the provisioas of this artiele. (Ore. No. 92 132, ~ 1(9.53), 1 14 92) 107 SECTION 80. Chapter 9, Article VIII, Section 9-453, of the Federal Way City Code shall be amended to read as follows: 9-453 Application. (a) Applications for any license or renewal of any license pursuant to this article (chapter] di-lision shall be submitted in writing on forms provided by the city clerk at least 30 days prior to the first dance or in the case of renewals, at least 30 days prior to the expiration date of the existing license. Applications submitted less than 30 days prior to an event may be charged a processing fee in addition to the regular fee. (b) In addition to other information requested, application~ feffftS shall contain the name ana plaee of resideaee of the applieant aad the aWner of the premises ';;here the aaRee hall is loeated, if the applieaflt is a eorporatioa or a partRership, the names and addresses of the officers, directors or partners thereof, the address and description of the premises to be licensed, including the designated parking area, the time and date of the dance or dances to be held in the case of a limited license and a general schedule of dances in the case of all other dance hall licenses, afld a deehH'atiaa by the applicant or, if the applieaRt is eo~oration or a partnership, the officers, direetors, ar partHers, aRd the applieant's employers, employees or any other persoa iaw/o!vea iR the apefatiaa of the sanee hall a list of any and all criminal convictions or forfeitures within five years immediately preceding the date of the application. other than parking offenses or minor traffic infractions including the dates of conviction. nature of the crime. name and location of court. and disposition for the applicant: any officers. directors. or partners: and all employers~ employees or any other person involved in the operation of the dance hall. and of 8ft")' eon",ietioR ".vithiR the past fi',e yea:rs tram the date af applieatioa. The applieatiea shall also iaelHae the names of persons employed as security persons, and together with proof that the requirements for their security training have been met. (c) The city clerk must be notified within 10 days of any changes in the information required in this section. (Ord. No. 92-132, ~ 1(9.39(A)), 4-14-92) SECTION 81. Chapter 9, Article VIII, Section 9-457, of the Federal Way City Code is hereby repealed as follows: 9 457 Appeal from de8ial. (a) '.lIheR the eity elerk declines to gFaflt or reRe\V a liceRse HRser this divisioR, the eity shall aatify the applieant iR ".vriting of the same and shall infurm the applieaRt of his or her right to a hea:riag befure a hearing eJffimiaer desiga.ates by the eity. The applieant eafl eJ(-ereise this right BY filing ";;ith the eity elerk a writteR aotiee of appeal e()fttaiRmg a specifie statemeftt of the TeaSORS f-oT the appeal, "//ithiR 10 days of the date of the eity Ratice, ana by payiRg a fee, pursuaBt to a fee sehesHle an file with the eity elerk. (b) If the applicaRt files a timet,)' aatice af appeal, the applicant shall be affoFded a heariRg Before the heariag examiaer at ":{hieh time the applieaflt shall be affurded an opportuRity ta she".v that the seRial af the liceRse is arBitrary aas eaprieioHs. ~J'..fter the hearing, the heariag eu:amiaer shall detennine ol.nether the applieant has praviaea sHfiieient eviaeRee, pHrSUaflt ta the lieense eriteria set forth iR F'}lCC~, to j listify issHanee elf the lieeRse aas shall issue the fiRal fiRsmgs of faet, eelRelHsions of la".v aRd decisioR \vithiR 1 Q days of the aate ef the hea:ring. (c) The applicant may appeal the hearing examiner's deeisiaa by seekiRg, O;{itkiR 1 Q days of SHCR decision, a writ efreo,ie';l from the eOHaty sHperior caOO. (Ore. No. 92 132, ~ 1(9.41), 4 14 92) 108 SECTION 82. Chapter 9, Article VIII, Section 9-458, of the Federal Way City Code shall be amended to read as follows: 9-458 Duration- Renewal. (a) The entire annual license fee required under this division shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be obtained and paid in full by January 1st of each calendar year. (b) If any renewal license application is not filed and/or license fee paid on or before January 31 st of each calendar year, there shall be assessed and collected by the city clerk an additional late fee pursuant to the fee schedule on file with the city clerk. (c) Failure to obtain a license renewal and to pay all required fees on or before January 31st of each calendar year shall result in suspension and/or revocation of the license pursuant to F\lfCC ~, until such time as all required license renewal applications have been submitted and all fees have been paid. (Ord. No. 92-132, g 1(9.37(B) - (D)), 4- 14-92) SECTION 83. Chapter 9, Article VIII, Section 9-459, of the Federal Way City Code is hereby repealed as follows: 9 459 NoatrftBsferilhle. }..ny lieease issl:lea uader the pro",isioa of this di",ision shall apply to a siRgle lieeasee aftd to a siRgle 10eatioR oaly ana shall Rot be tFansferaBle to other loeations or to other persons. (Ora. No. 92 132, ~ 1(9.50), 4 14 92) SECTION 84. Chapter 9, Article VIII, Section 9-462, of the Federal Way City Code shall be amended to read as follows: 9-462 Reauirements Re"'loeatioa or suspeasioB. (a) R-e"'oeatioR Of sHspeasioa of a licease shall be determined by a committee composed of the city clerIc, eit)' attorney aas police chief. Notiee of sHspeRsioR or revocation of any liceBse may oaly oeetu ".vflen ORe or more of the followiag eORditioas a:re f-ouad to exist by the committee: (1) The lieense ".vas proeurea by fraHa or false representatioa of material fact iR the applicatioa Of ia any report or reeor.a reqHife8 to be filed; (;11) The building, structure, equipment or location of the dance hall does ROt must comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety codes, laws and ordinances of the state, county and the city, or the requirements of this article; (~2.) The applicant or any of the applicant's officers, directors, partners, operators or employees, or any other person involved in the operation of the public dance or dance shall with the applicant's aetual or imputed kRo";/ledge, has may not have been convicted within the last five years of: a. A felony involving a crime of violence, as defined in RCW 9041.010(2), or any felony under Chapter 9Ao44, 9A.64, 9A.88 or 69.50 RCW; b. A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct or assault on a juvenile; (41) The licensee or his or her employee, agent, partner, employer, director, officer or manager has may not knowingly allowed or permitted: 109 a. A felony involving a crime of violence, as defined in RCW 9.41.010(2), or any felony under Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW, to occur in or upon the dance hall premises; b. A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct or assault on a juvenile to occur in or upon the dance hall premises; c. Any unlawful act of sexual intercourse, sodomy, oral copulation, indecent exposure or masturbation to be committed in or upon the dance hall premises; d. The dance shall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur; e. The possession or consumption of liquor by persons under the age of 21 years in or upon dance hall premises; f. The giving or supplying of liquor to any person under the age of 21 years; g. The use by any person in or upon the dance hall premises of marijuana, cocaine or any other controlled substance, as defined in RCW 69.50.101(d), not prescribed by a licensed physician for use by the person possessing or using the substance; h. Violation of any provision of this article, or of any other applicable law or ordinance, which the committee finds constitutes an unreasonable interference with surrounding land uses or is otherwise unreasonably detrimental to the public welfare; i. Failure to timely file and pay any admissions tax, business registration, license or other fee owing the city; or ' j. Allowing any person under the influence of intoxicants or drugs onto or to remain on the dance hall premises; (~) Sound from the dance hall is at a yolume so as to may not be audible from a distance greater than 50 feet away from the dance hall. (b) R-e",ocatiofl or sl.:lspeftsioa of a lieeRse shall oeeHf oRly after: (1) The lieeasee has beeR gi"/ea notice of the committee's inteftt to revoke or sHspead the lieeRse, ";/hieh Rotiee shall speeifieally state the applieable ",iolati08s of sUBseetioR (a) afthis seetioR, pHfSUaflt to the proeedHres set f-orth i8 F'NCC 2-12I; (2) .\ heariag has oeeuffed, if the lieensee has filea a timely reqHest for a heanRg; aad (3) The heariRg examiner has issued fiRal fiRdiRgs of faet, eORelHsioRs of law aRd a deeisioa oa the heariag. If 80 reqHest for a heanRg is filed by the liceRsee the r-eyoeatioR or sl.:lspeasioR shall be ifl full foree aRd effeet HpOR the end of the perios -.vithiR whieh the lieeasee has to request a heariRg. (e) The lieeRsee m8)' appeal the hea:riRg eJC:amifler's deeision to revoke or sl:lspend a lieease, by seekiag, within 10 days of the heariRg examiRer's deeisioR, a "ovrit of re"/ie'lI from the eOHRty superior eet:Ht;- (Ord. No. 92 132, ~ 1(9.45), 4 14 92) SECTION 85. Chapter 9, Article X, Section 9-601, of the Federal Way City Code is hereby repealed as follows: 9 '91 Busi8ess registrstis8. URless otherv;ise speeifiea, the geaeral busiRess fegistfatioR pfo~,isioRs, eORtaiaea ift this ehapter, shall apply to this lieeRse seetiofl. (Om. No. 95 230, ~ 1, 3 21 95) 110 SECTION 86. Chapter 9, Article X, Section 9-602, of the Federal Way City Code is hereby repealed as follows: 9 '02 Pe8alties. (a) Crimiaal peRalty. ~/\.ay persoR yiolatiRg aRY of the terms of this article shall be guilty of a misdemeaRor aad Hpon eOR'/ietioR thereof be pHaished as provided iR F\VCC lll. (b) Ci~,il penalty. In additioR to any other peRalty pr-o~{ided in this section or by lw;{, any persoa vlho ",iolates aft)' pre~,ision of any bHsiRess lieease ordiflaRce shall be sHbject to a ei"lil penalty ia an amoHat Rot to exceea $250.00 per violation to be direetly assessed by the city c1crk. All civil penalties assessed will be eflforeed aRd eollected '.vith the procedHre speeificd uRder this article. (Ord. No. 95 230, ~ 1,3 21 95) SECTION 87. Chapter 9, Article X, Section 9-603, of the Federal Way City Code is hereby repealed as follows: 9 '03 AdditiOBOI eBfereement. Notwithstaluling the existeace or Hse of any other remed)', the city may seek legal or equitable relief to eRjoin aR)' acts or practiees v;hich eOflstitute or will cORstitute a "liolatioR of an)' pro':isieas of this ~ (Ora. No. 95 230, ~ 1,3 21 95) SECTION 88. Chapter 9, Article X, Section 9-616, of the Federal Way City Code shall be amended to read as follows: 9-616 License applications. (a) Public bathhouse business. All applications for a public bathhouse business license or license renewal shall Be submitted iR the name of the perSOR or entity proposiRg to eORduet sHch fmblie bathhoHse on the bHsiRess premises, shall be signed by sHeh person or his or her legally aHthorized agent, and aotarizes Of eertified as trne uader peaalty of perjury. ~^..ll applicatioRs shall be submittes oa a form supplied by the city elerk, ".vhieh shall reqHire include the following information: (1) The name, residence address, residence telephone number, date and place of birth, driver's license number, and social security number of the applicant if the applicant is an individual or tax identification number if the applicant is a corporation or other entity; (2) The business name, address and telephone number of the establishment; (3) The names, addresses, telephone numbers and social security numbers of any partners, corporate officers, or shareholders who own 10 percent or more of the business or have made any other kind of contribution to the business of the same or greater size. or other persons who have a substantial iRterest or management responsibilities in connection with the business, specifying the interest or management responsibility of each. For the pHrpose of this subseetioR "substaRtial iRterest" shall meaa o".\,flership of 10 pereent or more of the busiaess, or any other kiRd of eORtributioR to the bHsiaess of the same or greater ~ (4) The name of the landlord or property owner of the property on which the business is situated. (b) Bathhouse manager attendant. All applications for a manager or attendant's license or license renewal shall by the applieaRt aRd Rotarized or eertified to be true HRder penalty of perjHf)'. All applieatioas shall be sHbmitted OR a f-orm supplied BY the city elerk, whick shall require, at a miaimHm, include the following information: (1) The applicant's name, residence address, residence telephone number, date and place of birth, driver's license number, and Social Security number; 111 (2) A letter, dated no more than 30 days prior to the date of the submission of the application, from the owner of the business indicating intent to employ the applicant on a specified date; (3) Written proof that the applicant is 18 years of age or older. Written proof shall mean the following: a. A current motor vehicle operator's license by any state bearing the applicant's photograph and date of birth; or b. A valid identification card issued by the state of Washington which bears the applicant's photograph and date of birth; or c. A current passport; (4) The mailing address and street address of all places within the city of Federal Way at which the bathhouse manager or attendant will provide services. The bathhouse manager or attendant shall notify the city clerk, in writing, of any changes in, or additions to, the location of such services within 14 days of any such change or addition. (c) Background checks. All applications submitted pursuant to this chapter will be submitted to a background check in accordance with the procedures of the Federal Way police department. (Ord. No. 95-230, ~ 1, 3-21-95) SECTION 89. Chapter 9, Article X, Section 9-617, of the Federal Way City Code is hereby repealed as follows: 9 '17 Sta8dards far de8ial of applieatio8 fer liee8se. (a) Pl:lblie aathhol:lse lieeRse. The eity elerl( may aen)' afl)' pl:lalie bathhoHse lieease reql:lest ifhe or she determiRes that the ~plieaflt has: (1) ~fade any material misstatemeRt in the applieatioR for a lieeRse; (2) Propesed a plaee efBl:lsiRess er operates a tmsiRess vAlieh fails te eomply ";{ith all applieable reql:liremeAts of this Cede mel1:ldiag o.vithol:lt limitatiaa the zaRing, l:milding, health RRd fife eodes and all other applieable loeal, state, or federalla\",s, rules or regl:llatioas; (3) Had any coavietions ".vhieh ha"/e a sireet eeRReetion ";:ith the lieeased aetivity mell:ldiflg, bl:lt not limitea to, theft, premoting or permitting prestitl:ltioa, sexl:lal offeases, eORSl:lmer fraHa, massage praetitioRer, massage maaager aadlor p1:lblie bathhol:lse maaager,latteRaaRt ",iolatioR, or abseeaity, "ovithin fi-.'e years prior to the date of applicatioa; (4) Had a bathhouse lieense aeRiea, rey/ekes ar sHspeRdea by the eity, or an)' other jurisdietioa ";,ithiR oae yea:r prior to the date of sueh applieation. (b) Bathheuse maaager.'atteRaant lieeRse. The eity elerk may deay aa)' bathhol:lse atteRdant liceRse applies for uftGer the pro",isiefts of this ehapter if the eity elerk det-enniaes that the applieant has: (1) ~fade any material misstatemeat ia tfle applieatioR for a lieease; or (2) Not eomplied ":Iith the opemtiRg reC(l:liremeRts set out ift F\VCC 2..ill, 2-ill or aft)' other reql:liremeftts of this ehapter; or (3) Haa aRY eoa",ietioas "llhieh have Ii direet eOflfleetioR "'/ith the lieeRsca aeti",ity iaeludiftg, bl:lt ftot limites to, theft, prastimtioft, sexl:lal offeftse, eORsumer fraua, massage praetitioaer, massage maaager aaa/or Bathhol:lse maR&ger/atteadant ".iolatioa, or obseeftity, withia fh'e yea:rs prior to the aMe of applieati0R; or ( 4) Had a bathhouse manager er atteRdaat lieease aeRied, revoked or sHspeRdes By the eity or aRY ether jurisaietion ".vithin ORe year prior to the date of ~plicatioa; (c) Bffcet of lieeRse seRial. If aa)' applieant has a lieeRse denied based l:lpeR a eonvietioa elassifies as a feloft)', or any other aaRfeloay eoayietions, pl:lrsuant te this sectioR, a liceRse shall not be gFantes within fi";e years fr-om the sate of sl:leh aeRial. If an)' applieaflt has a lieeRse GeRiea for an)' other reasOR, a lieeRse shall ROt be gmRtes ";:ithiR oae )'ear fram the date of such aeRial. (Ora. No. 95 230, ~ 1, 3 21 95; Ord. No. 03 140, ~ 6,3 18 03) 112 SECTION 90. Chapter 9, Article X, Section 9-618, of the Federal Way City Code is hereby repealed as follows: 9 618 Standards faF sHspensiaD or revoeati88 af Iieense. (a) Pl:lblic bathhol:lse license. The eity elerk may revoke or suspend a public bathhouse liceRse if he or she determines that the liceasee has: (1) Failed to eomply o.vith F\lfCC~, ~ or any of the other reql:lirements of this chapter; or (2) Failed to comply with the applieable bl:lildiag, health, fire aRd/or zoaing code proyisioRS Of ".vith any other applicable federal, state or loeallav/s, rules or regulations; or (3) '.vith kno";;ledge, employea persoRs "I/ho, "ovithiR a period of the pr-eceding five years, ha"le been convicted of prostimtion or coasumer fral:ld stemmiRg from acth'ities oonduoted oa the licensed premises, or who haOle been arr-ested for such offeRses aRd "::hich lead to SHeR eonyictioRs; or (4) Had any oono;ictioas whieh haye a direct connection with the lioensed aetivity iRcll:lding, bl:lt Rot limited to, consumer fral:ld, theft, eORtrolled sl:lbstances, prostitution, pcrmitting or promotiRg prostimtion, sexual off eases, or obscenity "lIithin 10 )'ears; or (5) Failed to oomply with or done aRything which constitl:ltes a basis for denying a license applicatioR. (b) Notiee of violation. If the cit)' elerk, the building offieial or his or her agent determines dl:lring aR inspeetion that the condition of aa)' pl:lblic bathhol:lse bl:lsiaess needs eOITeetion, a written notice of ",iolation shall be issl:led to the supervisor, maaager, o~;{ner, or person in eharge specifying sl:lch violations. Those same yiolatioas shall be remediod ":,ithia 48 hOHrs unless a later date is determined by the city elerk. Faill:lre to comply with aflj' \vritten Rotice of ",iolation to make cOITeetions may resl:llt ia suspension or revocatioR of the pl:lblie bathhouse lieense. (e) Bathhol:lse manager/attendaflt liceasc. The eity clerk may sHspead or re";oke aRY bathhol:lse m8flager or attendant licease if he or she determines that the licensee has: (1) Failed to comply ";,ith any of the opemting requirements set forth iR F'NCC ~ aad ~ or failes to eomply \vith aRY of the other requir'€lmeats of this chapter; or (2) Had any eORyietioas v:hieh have a direet eOflfleetioa with the lieeased activity includiag, I:mt not limited to, theft, prostitl:ltioR, eonsumer fraud, obscenity, or sexl:lal offenses; or (3) Failed to comply ";/ith or dORe aaythiRg ":,hieh eORstitutes a basis for denyiRg a lieeRse. (d) Effeet of liceRse revoeatioa. If aay applieant l:lnder this chapter has his or her lieease re~loked, a license shall not Be granted uaser this ehapter f-or a period of at least oae year from the date of Sl:lch re"location. (e) Dl:lration of licease suspeRsion. The eity elerk may !:mspeRd a liceRse for RO more thaa siJ{ moaths. (Ord. No. 95 230, ~ 1,3 21 95; Oed. No. 03 440, ~ 7,3 18 (3) SECTION 91. Chapter 9, Article X, Section 9-619, of the Federal Way City Code is hereby repealed as follows: 9 619 Trs8sfer of lieeBses aDd ehft8ge of loeatian. No pl:lblie bathhol:lse bl:lsiness, manager or atteRdant lieeRse issl:led l:lnder this ehapter shall be traasferable from oae persoa or entity to aflotRer person or eRtit),. Upon the sale Of traaSf'0f of an iRterest grearer than 50 per-eeRt in a pl:lblie bathhol:lse, a lieeRse shall becom.e nl:lll and void. I-L ne'."! application shall be made by aft)' perSOfl desiring to operate or maiataia the establishm.eRt aRd shall incll:lde a release of interest statemeat from the preo/iol:ls lieensee aad a signed lease or rental agreemeat for the establishmeat. (Ord. No. 95 230, ~ 1,3 21 95) 113 SECTION 92. Chapter 9, Article X, Section 9-620, of the Federal Way City Code is hereby repealed as follows: 9 '20 Netifieatie8 of suspensi8B, revoeatioB, denial or eivil pe8alty. \}fl:J.en the eity aetefflliRes t-hat there is eal:lse for deaying, suspending or re~loking 8ft)' lieease issued pursuaRt to this artiele ar assessing a ei";il penalty, the eity elerk shall flotify the person haldiag sl:leh liceRse b)' personal sefViee ar register-ed or eertifieel mail, return receipt reql:lested, of the decisioR. The flotiee shall speeify the grol:lRds for the deaial, suspensioR, ro.loeatioR or peRalty assessmeat. The eiyil penalty shall be due ans the denial, sl:lspeasian or re"laeatioa shall beeome effeeti"le 1 Q days from the date the notiee is deli'..eres or aeemes reeeiyed l:laless tRe perSOR affeeted thereby files a o/lrittea r-eEfuest with the eity elerk for a heariRg before the hearing examiaer ".vithia sl:leh 10 day perioa. (Ora. No. 95 230, ~ 1, 3 21 95) SECTION 93. Chapter 9~ Article X, Section 9-621, of the Federal Way City Code is hereby repealed as follows: 9 (i21 Authority of heari8g examiner. The eity heariRg exatftiner is aesigaated .to hear appeals BY parties aggrie",ed BY actioRs of the city clerk iR sl:lspeRding, revoking or deRyiag a Iieease or assessiag a ci"..il peRalty pursl:laat to this artiele. The hearing examiaer may adopt reasoaable rules or regl:llatians for eORduetiRg its bus mess. Copies of sueR rules aad regulatiaas shall be delivered to the eity elerk "//ho shall malce them freely aecessible to the pub lie. ~\Il deeisions and fmaiags of t-he heariRg examiner shall be renderea to the appellant iR ";/riting with a eopy to the eity elerk. (Ora. No. 95 230, ~ 1,3 21 95) SECTION 94. Chapter 9, Article X, Section 9-622, of the Federal Way City Code is hereby repealed as follows: 9 (i22 Notiee of appeal. ~^..ny persoa falliag l:lader the provisions ef this artiele may appeal from aa)' aotiee of sl:lspeRsioR, de Rial or reyaeatiaa or eh'il peaalty assessment by filiag .;,ith the eity elerk ".vithm 1 Q days fr.em the aate the aotiee is deli",eres or aeemea reeei';ed, a 'o"frittea 8I9peal eoataining: (1) f... headiag ia the "oVOras: "Before the Heariag ExamiRer for the eity of Federal 'Nay"; (2) f... eaptioa readiag: "L^..ppeal of " giviRg the Hames of all appellaats partieipatiag in the appeal; (3) ~^.. brief statement settiag forth the legal interest or eooh of the appellants partieipating iR the appeal; ( 4) ~^.. brief statemeat in eoneise langl:lage of the speeifie order or aetioa protested, together with any material faets elaimed ta suppert the eORteatioas of the appellant; (5) fa. brief statemeat in eOReise langHage of the relief SOl:lgftt, aad the reasons -;;hy it is elaimes the protested order or actioR should Be re"lersed, modifies, or ethenvise set aside; (6) The signatures of all parties Rames as appellaats, ans their offieial mailing addresses; aaa (7) The verifieatioa, by deela:ratiOR URaer peRalt)' of perjury, of at least one appelh18t as to the truth of the maUers stated ia the appeal. (Ors. No. 95 239, ~ 1,3 21 95) 114 SECTION 95. Chapter 9, Article X, Section 9-623, of the Federal Way City Code is hereby repealed as follows: 9 623 Date, time, plaee fer keari8g. ~\s sooa as practieable after reeei",iRg the '.~."fittea appeal, the heariRg examiner shall fiJ( a date, time, and plaee for the hearing of the appeal. Such date shall be not less then 10 days Ror more than 60 days from the date the appeal was filed ";;ith the eity elerk. 'HritteR aotice of the time aad plaee of the hearing shall Be gi".'en at least 10 days prior to the date of the hearing to each appellant by the heariag examiner's office either by eausing a eopy of such aotiee to Be deli".'ered to the appellant persoRally or by mailiRg a copy thereof, postage prepaid, addressed to the appellant at his or her address sho'.vn oa the appeal. (Ord. No. 95 230, ~ 1,3 21 95) SECTION 96. Chapter 9, Article X, Section 9-624, of the Federal Way City Code shall be amended to read as follows: 9-624 Rights of appellant. f..t the heariRg the appellant shall be eatitled to appear in person aHd be represented by eOl:lnsel and offer sucR evidenee pertmeat and material to the actioft of the city clerk. (Ord. No. 95 230, ~ 1, 3 21 95) SECTION 97. Chapter 9, Article X, Section 9-625, of the Federal Way City Code is hereby repealed as follows: 9 625 Seape af matters e08sidered iR appeal. Oal)' those matters or issues speeifieally raised BY the appellant ia the vffitteR Rotice of appeal shall Be eonsidered in the hearing of the appeal. (Ord. No. 95 230, ~ 1,3 21 95) SECTION 98. Chapter 9, Article X, Section 9-626, of the Federal Way City Code is hereby repealed as follows: 9 626 Waher of right to appeal. Failure of any persoa to file aR appeal in aeeordaftce with the pro";isiofts of this di',isioa shall eoastitute a wai",er of his or her right to aa admiRistratiye hearmg aad adjudieatioa of the aotice aad order, or any portioa thereof. (Ord. No. 95 230, ~ 1, 3 21 95) SECTION 99., Chapter 9, Article X, Section 9-627, of the Federal Way. City Code is hereby repealed as follows: 9 627 Stay af e8fereemeBt. ERf-oreemeat of afty ftotiee afld or-der of the city clerk shall be stayed duriag the peftdeney of aR appeal therefrom ?/hieh is pfOperb' afld timely filed. The stay shall be lifted upon issuaaee of the final decision of the city eouncil. (Ord. No. 95 230, ~ 1,3 21 95) 115 SECTION 100. Chapter 9, Article X, Section 9-628, of the Federal Way City Code is hereby repealed as follows: 9 '28 ~A..eti8n after heari8g. Upea eompletioa of the hea:ring, the examiner shall: (1) L'\.ecept the eity elerk's reeommeadation as presented; (2) Detennine no aetioa is warranted; or (3) ~4odify the reeommended aetioa. (Ord. No. 95 230, ~ 1,3 21 95) SECTION 101. Chapter 9, Article X, Section 9-629, of the Federal Way City Code is hereby repealed as follows: 9 '29 ~A..ppeal from hearing examiner. ~^J1 appeal from a deeisioR afthe hearing examiner shall be to the'eit)' of Federal 'Va)' eity e01:laeil and shall Be served and filed ..vith the eity elerk ":/ithin 15 €lays of the decisioa of the hearing examiaer. In the e"/ent the applieant or lieeRse holder does Rot follow the proeed1:lres ".vithia the time periods set forth in this di",isiQR, the aetioR of the hearing ex:aminer shall be fiRal. (Ord. No. 95 230, ~ 1, 3 21 95) SECTION 102. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 103. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one; changes made in this ordinance are intended to be in addition to any changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. SECTION 104. 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 116 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 105. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 106. 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.: 117 ---. .-...'..----.--.----...".---........ ....~...._.__h___._._N._.___ ....-...----..-___,_____....._..._.._U._.__..~ COUNCIL MEETING DATE: December 2nd, 2008 ITEM #: ,.. '.... .....____....~,...____m.____._ .....___...__...._.N.'.._...._.___...____ .............__........_....__...,..~..______.._...~......___..._.....__ _ _.__.__._..._._._._..._....._.._.._._. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Addressing Amendments Relating To Definitions In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING AMENDMENTS RELA TING To DEFINITIONS IN THE FEDERAL WAY CITY CODE? COMMITTEE: Finance, Economic Development, and Regional Affairs MEETING DATE: Nov. 25th, 2008 CA TEGORY: D Consent D City Council Business C8J Ordinance D Resolution D D Public Hearing Other ~!~!!}~.E~ORT ~.r:_~_<2~ ~~LS, ~~~!!!y_~!!:V A !!'_Q.~EX___._....___._ DE~~~_~a~____...___________ Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number issues relating to definitions including opportunities to simplify definitions; correct typographical errors, citation errors, modify organization; eliminate redundancies; consolidate definitions; move regulations to regulatory sections; add cross references; and make definitions more consistent with state law and other provisions. Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report, Ordinance. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on December 2nd. 2. Modify the proposed Ordinance and forward to the full council for first reading. 3. Do not approve the proposed Ordinance. --_..._.._._----------_._-_._---_.-._._-----.._.~._._.._.-.-..--------.--..-.-.-------------------------...--.----..----.---.---- STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: -&'J ~ DIRECTOR APPROVAL: 11tlt Coinmittee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to forward the ordinance to a second reading for enactment on the January (fh consent agenda". COUNCIL ACfION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 0210612006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 118 ORDINANCE NO. AN ORDINANCE relating to definitional amendments adding sections, amending sections, and repealing sections in Chapter 2, 3, 8, 9, 14, and 17 of the Federal Way City Code. WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found redundant sections and language as well as unclear sections, inaccurate sections, and other sections that could be revised for better readability and workability; and definitions and related regulations can be simplified and consolidated; WHEREAS, certain Code provisions need to be modified to coordinate with state and county law requirements in areas of definitions; WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change numbering or formatting changes that occur pursuant to the reorganization of the Code and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to update its code, and amending these sections bears a substantial relation to public health, safety, or welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS SECTION 1. Chapter 2, Article IV, Section 2-106, of the Federal Way City Code shall be amended to read as follows: 2-106 Definitions. The f-ollowing v.'oms, terms aRd phrases, ",",hea 1:lsed ia this divisioR, shall haole the ffieaRisgs aseribed to them is this seetioa, eJwept \\41ere the eoatext elearly iadieates a differeRt measisg: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Employee shall ffieaR as)' pefsoD who is or has beea effif)loyed by the city. :OfficiaC shall meaD means any person who is serving or has served as an elected or appointed city official or officer, and any person who is serving or has served as an appointed member of any city board, commission, committee or other appointed position with the city. The term "appointed" as used her~ia 119 shall meaR Appointed means a person formally appointed by the city councilor as authorized by state law or city ordinance. (Ord. No. 89-5, ~ 1(2.25.010), 11-28-89) SECTION 2. Chapter 3, Article I, Section 3-1, of the Federal Way City Code shall be amended to read as follows: 3-1 Definitions. Unless the coat-ext or subjeet matter other,,:ise requires, terms defined herein shall have the follooNiag ffieaRiRgs o.vhen l:lsed in this ehapter: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Alarm business means the-=-+he business by any iadividl:1al, partnership, corporation, or other entity of selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system on real property. Alarm system means any. ~'\ay system, device or mechanism which, when activated, transmits a telephone message to a private monitoring company or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device or mechanism primarily protecting a motor vehicle, or a medical alarm. Alarm user means the-:-+lte person, firm, partnership, association, corporation, company, or organization of any kind to whom a registration is required under this chapter. Automatic dialing device means a-:-Aft device that is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response. Such a device is an alarm system. Burglary alarm system means an~ alarm system designed or used for detection and reporting of an unauthorized entry or attempted unauthorized entry upon real property protected by the system. Chief of poliee. The ehief of the eity of Federal '\fay police departmeat. City elerk. The elerk of the eity of Federal \Vay. DepartmeRt. The city of Federal Via)' poliee aepartmeat. Economically disadvantaged person means a~ person receiving public assistance. False alarm means the:-The activation of any burglary and/or robbery alarm system when no crime is being committed or attempted on the premises. An alarm shall be presumed to be false if the police officers responding do not locate any evidence of an intrusion or commission of an unlawful act or emergency on the premises which might have caused the alarm to sound, but does not include alarms caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. Interconnect means tcr.----+e connect an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system. No response means that police. Police officers shall not be dispatched to investigate a report of an alarm signal. Panic/trouble alarm means an-:-Aft alarm system designed or used for alerting police of the need for immediate assistance or aid in order to avoid injury or serious bodily hann. Premises means any~ area and any portion of any area protected by an alarm system. Registration year meanS7 July 1 st to and including June 30th. Robbery alarm system means an:-Aft alarm system designed or used for alerting others of a robbery or other crime in progress which involves potential serious bodily injury or death. System subscriber means a person. PersoR, corporation, firm, partnership, association, company, organization or other business entity who purchased or contracted for any alarm system. 120 Verification means an:-AR independent method of determining that a signal from an automatic alarm system reflects a need for immediate police assistance or investigation. (Ord. No. 93-193, 9 1, 11-9-93) SECTION 3. Chapter 8, Article IV, Section 8-121, of the Federal Way City Code shall be amended to read as follows: 8-121 Definitions. (a) The follo"uiDg ";fords, terms &Rd phrases, ":.heR used iH this artiele, shall have the meaniRgs aseritJed to them ia this seetioa, exeept '.vhere the eontCJ(t dearly indicates a diffefeDt meaRing: fbj The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. The definitions ef-in Chapter 70.77 RCW as flOW statea or hereafter ameRsed shall goolern the eOHstructioR of this article, when applicable. apply throughout this article unless the context clearly requires otherwise. RCW 70.77.120 through 70.77.230 as ROY. stated or hereafter ameHded are adopted by reference and a copy of the same shall be kept OR file ia the office of the city elerk f-or public l:lse and iaspection. In addition, thc follo.....ing term is defiaed Dangerous fireworks shall mean means any firework not defined as a "common firework" under the provisions ofRCW 70.77.136. (Ord. No. 90-54,9 1,4-17-90; Ord. No. 92-147, ~ 2, 6-23-92) SECTION 4. Chapter 9, Article II, Section 9-26, of the Federal Way City Code shall be amended to read as follows: 9-26 Definitions. The follo".ving words, terms and phrases, ";{hea 1:lsed in this article, shall ha";e the meaniags ascribed to them ia this seetioR, ex:eept \Vflere the eoRteKt dearly iadicates a diff-ereRt meaniag: The definitions in this section apply throughout this chapter fTitlel unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Business shall meaa aRd inell:lde means vocations, occupations, professions, enterprises and establishments and all other activities and matters conducted for private profit or benefit, either directly or indirectly, anywhere within the city, which employs 10 or more persons. Premises shall meaa aDd iaell:lae means all lands, structures and places, and also any personal property which either is affixed to, or is used in connection with any such business conducted on such premises. Small business shall meaa aHa inelude means vocations, occupations, professions, enterprises and establishments and all other activities and matters conducted for private profit or benefit, either directly or indirectly, anywhere within the city, which employs nine or less persons. (Ord. No. 91-86, 9 1(2),2-5-91) SECTION 5. Chapter 9, Article III, Section 9-71, of the Federal Way City Code shall be amended to read as follows: 9-71 Definitions. For the p1:lrpose of this artiele the words aRd phFases l:lsed iR this seetion shall have the f-ollo..../iag meaniags uRless the cORtext othef\vise iRdicates: The definitions in this section apply throughout this article unless the context clearly requires otherwise. W Adult entertainment means shall meaa: (1) Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to 121 expose any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below -the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or (2) Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: a. Human genitals in a state of sexual stimulation or arousal; b. Acts of human masturbation, sexual intercourse or sodomy; or c. Fondling or other erotic touching of human genitals, public region, buttocks or female breast; or (3) Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. t6t Adult entertainment establishment shall mean means any commercial premises to which any patron is invited or admitted and where adult entertainment is provided on a regular basis and as a substantial part of the premises activity. ~~~~r,~icaflt meaRS the indi":idl:lal or emity seeking aa adl:llt entertainment lieease ia the city of F edoral Vl ay. t6j Applicant control persons means all partners, corporate officers and directors and any other individuals in the applicant's business organization who holds a significant interest in the adult entertainment establishment, based on responsibility for management of the adult entertainment business. fa) Employee shall mean means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment establishment. 00 Entertainer shall meaa means any person who provides live adult entertainment whether or not a fee is charged or accepted for such entertainment. W Manager shall meaa means any person who manages, directs, administers, or is in charge 9f, the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment establishment. fh) Operator shall meaa means any person operating, conducting or maintaining an adult entertainment establishment. tB Panoram or peepshow shall mean means any device which, upon insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or by any other means, including observation of live performances. tH Panoram premises means any premises or portion of a premises or portion of a premises on which a panoram is located and which is open to the public, including through membership. ~kl ~~~n meaas aflY indi":idl:lftl, partRership, eorporatioR, trust, ineorporated 8r Haineorperatea ~~~o~ ;"~ital eommllaity, joim veAtllr-e, govemRloatal emity, or other omity or gFollfl of peflloas, however ergaalzed. fIj Sexual conduct means acts of (i) sexual intercourse within its ordinary meaning; or (ii) any contact between persons involving the sex organs of one person and the mouth or anus of another; or (iii) masturbation, manual or instrumental, of oneself or of one person by another; or (iv) touching of the sex organs or anus, of oneself or of one person by another. (Ord. No. 90-55, ~ 2, 5-1-90; Ord. No. 95-241, ~ 1,8-15-95) 122 SECTION 6. Chapter 9, Article V, Section 9-206, of the Federal Way City Code shall be amended to read as follows: 9-206 Definitions. The f-ollo'.viRg ";.'ords, terms aad phrases, wheR 1:lsed ia this article, shall ha'..e the meaaiags ascribed to them in this section, exeept v.'here the coatext dearly iadieates a diff-ereRt meaniag: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Identified as stolen or pawned without authorization shall mean means any property which has been reported by the rightful owner to a law enforcement authority as missing or stolen. Pawnbroker shall mean means every person who takes or receives by way of pledge, pawn or exchange goods, wares, or merchandise of any kind of personal property for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or who makes public display of any sign indicating that he has money to loan on personal property on deposit or pledge. Pawnshop shall mean means every place at which a pawnbroker business is being conducted. Rightful owner, unless otherwise proven, shall meaR means the person having possession of the property prior to the theft or removal without authorization. Secondhand dealer shall mean means a every person who,,- as a business,,- engages in the purchase, sale, barter, sale on consignment, or otherwise exchanges secondhand goods;, or who keeps a store, shop, room,,- or other place where secondhand goods of any kiad or deseriptiofl are bought, sold, traded,,- 6f bartered, pledged, pawned, auctioned, sold on consignment, or otherwise exchanged; pro',ided, howeyer, that this term does Rot apply to those persons eagaged iR the bl:lsiRess of selliag used or seeOlltlhand motor vehides or boats. Secondhand goods shall mean means aRY aad all used, QLremanufactured, or secondhaad goods,,- except it pl:lrehased or kept for sale by a seeoRdhand dealer; proyided, however, such term does not include jURk or used or seeoRahaas used. remanufactured. or junk motor vehicles or boats. (Ord. No. 90-57, ~~ 1, 15(AXI2)(a), (b), 5-1-90) SECTION 7. Chapter 9, Article VI, Section 9-291, of the Federal Way City Code shall be amended to read as follows: 9-291 Definitions. The fallowiag '.'/ords, terms afla phmses, ";.hen l:lsed iR this article, shall haye the meaniags aseribed to them ia this section, eK-eept v{here the eontext dearly iadicates a differeRt meaniag: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Armored-transport agencies shall mean means agencies which provide armed personnel to convey valuable articles for a fee. Contract guard or patrol agencies shall mean aad iaelude means partnerships, corporations, joint ventures, as well as individuals who are self-employed which provide privately employed guards or patrol officers for a fee. Contract investigative agency shall meaR aRd iflelude means partnerships, corporations, joint ventures, as well as individuals who are self-employed which provide private investigative services for a fee, except individuals investigating bodily injury or property damage actions under the supervision of a licensed attorney. Credit investigation agencies and credit investigators shall mean means businesses and persons who conduct investigations primarily to furnish information as to the business and financial standing and credit responsibility of persons. 123 In-house guard forces shall meafl means agencies which provide private guard services exclusively in connection with the affairs of the one business that employs them. In-house investigative forces shall mean agencies which provide private investigative services exclusively in connection with the affairs of the one business that employs them. Licensing authority shall mean means the county licensing authority. Poliee c:lepartmeRt shall mean the la".\' eftforeemeftt attthority of the city. Private guards shall meaa means persons who protect or attempt to protect persons or property from damage, injury, loss or any criminal act and shall include "guard dogs," "watchmen," "security officer," "protective agent," "merchant guard" and "special officer." Private investigation shall meaa aaa iaell:lde means investigations by a privately employed person for the purpose of obtaining information concerning: ( 1) Crimes or wrongs, done or threatened; (2) The identity, habits, conduct, movements, whereabouts, aSSOCiatIOns, transactions, credibility, reputation, employment history, criminal record, or character of any person, group, or business, for any purpose; (3) The location of lost or stolen property; (4) The causes and responsibility for fires, libel, slander, losses, accidents or injuries; (5) The whereabouts of missing persons. Private investigators/detectives shall meaR means personnel who conduct investigations for a contract investigative agency, including undercover agents employed by contract agencies, but excluding in-house investigative force employees, credit investigators, insurance investigators and adjusters. Private/merchant patrol officer shall mean means those persons who perform the same functions as guards, but do so at a number of different locations, access to which is accomplished by means of travel on public property. Private security shall meafl aHd iHelude means all privately employed guards, investigators, detectives, patrolmen and any other personnel performing similar security functions or services. (Ord. No. 90-28, ~ 1(6.24.010),2-13-90) SECTION 8. Chapter 9, Article VII, Section 9-386, of the Federal Way City Code shall be amended to read as follows: 9-386 Definitions. ~^~s used in this article, ualess the coatext or subjeet matter elea:rly feql:lffeS otherwise, the words or phrases defifled ia this seetioR shall have the indieatea meanings: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Business shall meaa and iRclude means all services and activities engaged in with the object of pecuniary gain, benefit or advantage to any person, or to another person or class, directly or indirectly, whether part-time or full-time. PerseR shall meaa oae or more aatufal persoRs of either se}(, eorporatioRs, partnerships, sole proprietorships, assoeiatioRs er other eRtities eapable of ha",iag aft aetioft at law bft)l:lght agaiRst sl:lch ~ Temporary business shall meaa aHa iaeluae means all businesses of a transitory nature or fixed duration, including, but not limited to: (1) Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities other than adult entertainment licensed under FWCC 9-71 et seq.; (2) Christmas tree sales lots and flower stands; (3) Indoor or outdoor special sales, including swap meets, parking lot sales, warehouse sales or similar activities; (4) Garage sales and flea markets which exceed.three consecutive days in length; 124 (5) Temporary stands for the sale of items such as food, toys, jewelry, goods, art, crafts, firewood; and (6) Any other similar use of a transitory nature or fixed duration. (Ord. No. 90-62, ~ 1,6-19-90; Ord. No. 91-110, ~ 1, 11-5-91) SECTION 9. Chapter 9, Article VIII, Section 9-421, of the Federal Way City Code shall be amended to read as follows: 9-421 Definitions. The follo\'liRg words, terms and phrases, when used in this article, shall haOle the meanings ascribed to them in this sectiofl, except "I/here the eontext clearly indicates a differeat meaniRg: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. f..pplicant meaas aa)' persoa o.;vho applies for a lieease to operate a public dance at a daaee hall. Dance hall means any place or premises where a public dance is conducted, and any and all areas attached to or adjacent to such premises including but not limited to all hallways, bathrooms, designated parking areas and all adjoining nonpublic areas accessible to the public or any patron during the dance. Designated parking area means that area specifically described in an applicant's license application to be used by dance hall patrons, which area shall include the minimum number of parking stalls required by Chapter 22 FWCC, Zoning. Law enforcement training means either: (1) Prior commissioned law enforcement experience from any jurisdiction occurring within five years of the date of application; or (2) Minimum security qualifications as follows: a. Security guard. In order to qualify as a security guard, a person must: 1. Be 18 years of age or older; 2. Submit a set of fingerprints; 3. Have no criminal history in violation of FWCC 9-462(a)(3) and (4); and 4. Proof of satisfactory completion of training as required for security guard state license (RCW 18.170.010etseq.). b. Armed security guard. In order to qualify as an armed security guard, a person must: 1. Meet all of the requirements of a security guard; and 2. Present proof of successful completion of a frrearms training course of a minimum of eight- hour classes and proficiency training provided by an organization or trainer approved by the state Criminal Justice Training Commission pursuant to Chapters 18.170 and 43.101 RCW. Licensee means any person licensed to operate a public dance at a dance hall. Public dance means any dance that is open to the public and which: ( 1) Is conducted for a prefit direct or indirect profit; or (2) Requires a monetary payment or contribution from the persons admitted. The term "publie"Public dance" does not include a banquet, party~ or celebration conducted for invited guests which is not open to the public, and for which no fee or membership contribution is required;~ Additioaall)', the term "public danee" aoes not incll:lde -2Lany dance held by a licensed liquor establishment, or at any location where alcoholic beverages are legally served, sold, dispensed or permitted on the premises; it seiag the iateatioa that such dances be gO"lemed by the appropriate pro"lisiofls of RC'H Title 66 aRd all other pertineat laws and regulations.s(Ord. No. 92-132, ~ 1(9.36),4-14-92) 125 SECTION 10. Chapter 9, Article X, Section 9-600, of the Federal Way City Code shall be amended to read as follows: 9-600 Definitions. For the purposes of this ehapter, the follo..viag terms, ".voTds aHd phrases shall haye the follo~;{iag meaaings: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. -fB Bathhouse attendant means any person who administers or performs services to patrons of a public bathhouse or who supervises the work of such persons. The term does not include a person who performs only custodial or janitorial work. (2) City means the eity of Fedeml 'Hay, 'HashiagtoR. (3) City elerk means the eity elerk of the eity elf Federal 'Va')', 'NashiHgton. (4j Conviction means an adjudication or conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-fact finding motions, and appeals. Conviction also means a bail forfeiture and includes all instances in which a plea of nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. ~ Genitals means geaitals, includes. but is not limited to. the pubic area, anus, or perineum of any person, 6f and the vulva or breasts of a female. f6j Manager means any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of any portion of any activity involving public bathhouses occurring at any place offering public baths. f7j Public bathhouse means any place where baths or facilities for baths ofatl), kias "oyhate"ler are given or furnished,. including. where an attendant is present: withOllt limitatioR fmnish baths; russian baths; sauna baths; swedish baths; turkish baths; hot tubs; baths by hot air, steam, vapor, water,. eF electric cabinet,. or a combination thereof elf aR)' of the foregoiHg; prow/ieee, that sHeh tenn shall "Public bathhouse" does not include ordinary tub or shower baths, or aft)' of the abo~/e aamed baths where 8ft atteaaaRt is not required. (Ord. No. 95-230, ~ 1, 3-21-95) SECTION 11. Chapter 9, Article XI, Section 9-701, of the Federal Way City Code shall be amended to read as follows: 9- 701 Definitions. f..s usee iR this artiele the follel"lliHg ";{oms aHa terms shall haOle the meaRings respeetiyel)' aseribed: The defmitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Access channels means free composite channels to be used for educational purposes and by government and public agencies and/or their representatives (commonly referred to as "PEG" channels). The Act means the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 and any subsequent amendments. Addressability means the ability of a franchisee to electronically authorize customer terminals to receive, change or to cancel any or all specified programming. Applieaflt meaHs all)' persoH or entity that applies f'0r a franehise. Basic cable service is the lowest level of service regularly provided to all subscribers that includes the retransmission of local broadcast television signals. Cable communication system means a system which may provide audio, video and data transmission to subscribers. 126 Cable facilities means equipment and wiring used to transmit audio and video signals to subscribers. Cable services means (I) the one way transmission to subscriber of video programming or other programming service, and (2) subscriber interaction, if any, which is required for the selection by the subscriber of such video programming. Channel means a single path or section of the spectrum which carries a television signal. Character generator means a device used to generate alpha numerical programming to be cablecast on a cable channel City means the city ofPederal \\'ay, a ml:lRicipal corporation of the state of'Hashiagton. COl:lRcil meaRS the city ofFedeftll 'Nay cOl:lflcil actiRg ia its offieial capaeity. Data transmission means (1) the movement of encoded information by means of electrical or electronic transmission systems; (2) the transmission of data from one point to another over communications channels. Dwelling units means residential living facilities as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and includes single-family residential units and individual apartments, condominium units, mobile homes within mobile home parks, and other multiple-family residential units. Emergency means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars. FCC means the Federal Communications Commission, a regulatory agency of the United States government. Fiber optics means the technology of guiding and projecting light for use as a communications medium. Franchise means the initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of the cable communication system for the purpose of offering cable service or other service to subscribers. Franchisee or operator means the person, frrm or corporation to whom or which a franchise is granted by the council under this article and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in city ordinance. Gross annual receipts means the annual gross receipts received by a franchisee directly or indirectly from its subscribers for the provision of communications services including but not limited to revenues from Home Shopping Network and advertising, data, telephone, interactive services, late fees, and excluding but not limited to bad debts, refundable deposits, and any sales, excise or other taxes collected for direct pass-through to local state or federal government. The franchise fee payable by a fraaehisee to the city on gross aflfll:lal receipts deriyed from aay Re"N, ROR cable televisioa relat-ed programmiRg product or other comml:laieatioR services sl:leh as interactive, data, telefJhoae transmissioR or otHer comml:lRicatioR produets or services, which is deli"/ered to the subseriber by l:lsiRg pub lie rights of VIflY, shall be at the same rate as the fee, tax, assessmeRt or otHer revenue payable to the eity by other pro",iders of tHe same produet or serviee ";;ithin a frtlRchisee' s fraRchise service area. .^..s l:lsed iR this seetioR, a nORprogrammiRg product or serviee shall be eoasidered aev, if a fraRehisee ..../as ROt already pro",idiag it as of the eaactmeRt of its fraRehise. Headend means the electronic equipment located at the start of a cable system, usually including antennas, preamplifiers, frequency converters, demodulators and related equipment. Installation means the connection of the cable communication system from feeder cable to subscribers' terminals. Institutional networks (I-Nets) means a cable communications system designated principally for the provision of non-entertainment services to public schools, or public agencies such as public libraries separate and distinct from the subscriber network, or on secured channels of the subscriber network. Interactive services means services provided to subscribers where the subscriber either 127 (1) both receives information consisting of either television or other signals and transmits signals generated by the subscriber or equipment under hislher control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose; or (2) transmits signals to any other location for any purpose. Office means the person or entity designated by the city as being responsible for the administration of a franchise for the city. Property of franchisee means all property owned, installed or used by a franchisee in the conduct of its business in the city. Proposal means the response, by an individual or organization, to a request by the city regarding the provision of cable services; or an unsolicited plan submitted by an individual or organization seeking to provide cable services in the city. ~~ :~~~f way aT street ffieaRS the laRd e";lfled, sesieatea aT eoa"'e)'es te the eity ar a l:lRit of ~~~.~t, ineluding, but nat limited ta, IIn)' publie lilley, baulevllfd, lane, way, plaee, dfiv;' ~;;;~.;;, right of ,va)' or sidewalk, ar art)' portiea thereof, l:lRaeT the jl:lTisdietioR of the eity. Subscriber means a person3 eF entity3 or user of the eable s)'stem who lawfully receives cable services or other service therekom from a cable system with the franchisee's express permission. (Ord. No. 95-239, ~ 1,8-1-95) SECTION 12. Chapter 9, Article XI, Section 9-716, of the Federal Way City Code shall be amended to read as follows: 9-716 Franchise fee. A franchisee shall pay to the city a quarterly estimate as a franchise fee no later than 45 days following the end of such quarter, equal to a percentage of gross annual receipts for the preceding three months. Interest shall accrue if not paid by 45 days from the end of the quarter. Such remittances shall be accompanied by forms furnished by the city to report detailed information as to the sources of such income. The franchise fee payable by a franchisee to the city on gross annual receipts derived from any new~ non-cable-television-related programming product or other communication services such as interactive. data. telephone transmission or other communication products or services. which is delivered to the subscriber by using public rights-of-way. shall be at the same rate as the fee. tax. assessment or other revenue payable to the city by other providers of the same product or service within a franchisee's franchise service area. As used in this section. a nonprogramming product or service shall be considered new if a franchisee was not already providing it as of the enactment of its franchise. (Ord. No. 95-239, ~ 16,8-1-95) SECTION 13. Chapter 14, Article II, Section 14-67, of the Federal Way City Code shall be amended to read as follows: 14-67 Definitions. The definitions of "selling flriee," "seller," "I:ll:lyer," "eoasl:lmer," aaa all other eefiaitioas as are ao";/ canlllined in RCW 82.08.0 IO are adopted and apply throughout this chapter unless the context clearl~ requires otherwise., aad subseqHeat ameaameats therete, am adoptee a3 the defmitioas for the tax le~,ie iR this ehapteT. (Ord. No. 99-335, ~ 2, 2-16-99) 128 SECTION 14. Chapter 14, Article IV, Section 14-131, of the Federal Way City Code shall be amended to read as follows: 14-131 Definitions. For pl:lrpose of this divisioR the "."/ords aRd phrases Hsed ia this sectioa shall na'/e the follo\",ing meaaiags uRless the eonte}(t otherv:ise iRdicates: The definitions in this section apply throughout this chapter [Title] unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Director shall meaR means the management services director or other person other employee or &gent of the eity designated by the city manager. (Ord. No. 02-432, ~ 1, 11-19-02) SECTION 15. Chapter 14, Article V, Section 14-171, of the Federal Way City Code shall be amended to read as follows: 14-171 Definitions. In eonstrnmg the pro~lisions of this ehapter, the followiRg defiRitioas shall be applied: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. ft-) Gross income means the value proceeding or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not), by reason of the investment of capital in the business engaged in, including rentals, royalties, fees, or other emoluments, however designated (excluding receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or stocks and the like) and without any deduction on account of the cost of the property sold, the cost of materials used, labor costs, interest or discount paid, or any expense whatsoever, and without any deduction on account of losses, including the amount of credit losses actually sustained by the taxpayer whose regular books or accounts are kept upon an accrual basis. ~ Cable service means: a. A system providing service pursuant to a franchise issued by the city under the Cable Communications Policy Act of 1984 Public Law No. 98-549, 47 USC Section 521, as it may be amended orsuperseded;ftft6or b. Any system that competes directly with such franchised system by employing antennae, microwave, wires, wave guides, coaxial cables, or other conductors, equipment or facilities designed, construed or used for the purpose of: 1. Collecting and amplifying local and distant broadcast television signals and distributing and transmitting them; 2. Transmitting original cablecast programming not received through television broadcast signals; or 3. Transmitting television pictures, film and videotape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected recelvers.:.~ provided, hoo.vever, that "ea9Ie Cable t-elevisioR service" shall not include television entities that are subject to charges as "commercial TV stations" under 47 USC Section 158. ~ Cellular telephone service means two-way voice and data telephone/telecommunications system based in whole or substantially in part on wireless radio communications and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS) and any other 129 evolving wireless radio communications technology which accomplishes the same purpose as cellular mobile service. (4t Competitive telecommunication service means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. ~ Designated official means an agent or employee designated by the city manager. ~il:leh city employee or ageRt as the eity manager shall desigaate. (6) Network telecommunication service means the providing by any person of access to a local telephone network, local telephone network switching service, toll service, or coin telephone services;; or the providing of telephonic, video, data, pagers, or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. "Network telecommunication service" includes interstate service, including toll service, originating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person in this state. ''Network telecommunication service" does not include the providing of competitive telecommunication service, the providing of cable television service, nor the providing of broadcast services by radio or television stations. f7j Telecommunications company includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, operating or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public within this state. (&j Telecommunication business means the business of providing network telecommunication service, as defmed in this section. It includes cooperative or farmer line telephone companies or associations operating an exchange. ~ Telecommunication service means competitive telecommunication service or network telecommunication service, or both, as defined in this section. fl-Gj-Solid waste means garbage, trash, rubbish, or other materials discarded as worthless or not economically viable for further use. The term does not include hazardous or toxic waste, and does not include yard waste or material collected primarily for recycling or salvage. (Ord. No. 95-257, ~ 1, 12-19-95; Ord. No. 96-262, ~ 1,2-20-96) SECTION 16. Chapter 14, Article VI, Section 14-210, of the Federal Way City Code shall be amended to read as follows: 14-210 Definitions. The follovliRg -"lords aRa terms shall haye the follo-.viag meaaiags f-or the pl:lrposes of this title, unless the eoatex.t elearly reql:lires otherwise. The definitions in this section apply throughout this article unless the context clearly requires otherwise. To the extent they do not conflict with this section. the definitions in RCW 82.02.090 are. adopted and apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here or in RCW 82.02.090 are defined according to FWCC 1-2. +etms otherwise not defiaed herein shall be defiaea pl:lrSl:lRnt to R-C'H 82.92.099, or gi";en their uSl:lal aHd el:lstomal)' meaaiRg. fB Capital facilities plan means the district's capital facilities plan adopted by the school board consisting of: a. A forecast of future needs for ~chool facilities based on the district's enrollment projections; b. The long-range construction and capital improvements projects of the district; c. The schools under construction or expansion; d. The proposed locations and capacities of expanded or new school facilities; 130 e. At least a six-year financing plan component, updated as necessary to maintain at least a six- year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet author-ized by the voters; f. Any other long-range projects planned by the district; and g. A fee schedule indicating the standard impact fee amount per dwelling unit type. (2) City means the eity of Fcderal '.va)', a '}/ashington ml:laieipal corporation. ~ Classrooms meaas mean educational facilities of the district required to house students for its basic educational program. The classrooms are those faeilities the distriet determiRes a:re aeeessary to best serve its swdent populatioR. Specialized facilities as identified by the district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall Hot be eouated as are not classrooms. (4j Construction cost per student means the estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. EB Design standard means the space required, by grade span and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the district as identified in the district's capital facilities plan. (6j Developer means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. f7) Development activity means any residential construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. (8t-District means the Federal Way School District No. 210, King County, Washington. f9j Elderly means a person aged 62 or older. twj Encumbered means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. fl-B Fee schedule means the schedule set forth in the district's capital facilities plan adopted by reference by the city indicating the standard fee amount per dwelling unit that shall be paid as a condition of residential development within the city. ~ Grade span means the categories into which a district groups its grade of students, i.e., elementary school, middle or junior high school, and high school. fHj Interlocal agreement means the interlocal agreement by and between the city and the district as authorized in FWCC 14-217. fl4) Permanent facilities means the facilities of the district with a fixed foundation which are not relocatable facilities. ~ Relocatable facility means any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities, to meet the needs of service areas within the district, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. fM) Relocatable facilities cost per student means the estimated cost of purchasing and siting a relocatable facility in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. f-l-1j Site cost per student means the estimated cost of a site in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. ~ Standard of service means the standard adopted by the district which identifies the program year, the class size by grade span and~ taking into account the requirements of students with special needs, thernumber of classrooms, the types of facilities the district believes will best serve its student population, and other factors as identified by the district. The district's standard of service shall not be adjusted for 131 any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board pursuant to a board resolution, transitional facilities shall mean those facilities that are used to cover the time required for the construction of permanent facilities called for in the capital facilities plan; pfo',ided, that; where the district has the necessary financial commitments in place to complete the permanent facilities ealled f-or in the eapital faeilities plan. ~ Student factor means the number derived by the district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on district records of average actual student generation rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation; pro',idea, that, if unless such information is not available in the district, in which case data from adjacent districts, districts with similar demographics, or county-wide averages may be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans. (Ord. No. 95-249, ~ 1, 11-21-95) SECTION 17. Chapter 14, Article VII, Section 14-231, of the Federal Way City Code shall be amended to read as follows: 14-231 Definitions. lR eonstrniag the provisions of tHis artiele, the follo'::iRg defiaitioas shall he applied: The definitions in this section apply throughout this article unless the context clearly requires otherwise. fB Assessor means the King County assessor. ~ Director means the director of the Federal Way community development services department, or any other city office, department or agency that shall succeed to its functions with respect to this article, or his or her authorized designee. f3-j Multifamily housing means a building or townhouse having four or more dwelling units designed for permanent residential occupancy. (4j Owner means the property owner of record. ~ Permanent residential occupancy means multifamily housing that provides either rental or owner occupancy for a period of at least one month. This excludes hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. ~ Residential targeted area means the city center core and frame zones, as designated by the city council pursuant to this article. (Ord. No. 03-438, ~ 2,2-18-03) SECTION 18. Chapter 17, Article II, Section 17-26, of the Federal Way City Code shall be amended to read as follows: 17-26 Definitions. The following words, terms aaa phrases, '.vhen used in this Miele, shall hWle the meanings aserihed to them in this seetion, exeept vAiere the e0nteKt elearly iasieates a different meaning: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Affiliated taxicab means shall mean a taxicab associated with a group of taxicabs having multiple owners and operating under the same color or other identification scheme, all of which must operate under an identical schedule of rates and charges. Affiliation representative means shall meaa the individual or organization who has the authority to file rates for a group of affiliated taxicabs. 132 Audit means shall meaR verification of reported costs and revenues by review of business records, including but not limited to accounts, receipts and reports filed with other governmental agencies. Director means shall meaR the director of the county department of executive administration. Enforcement officer means shall meaR the director and his or her duly authorized representative. ~ERgage in the lmsiRess Business of operating any taxicab or for-hire vehicle vehicle for hire" means shall mean the pickup and transportation of any fare paying passenger from a point within the geographical confmes of the city, y;hether or Rot regardless of where the vehicle is dispatched from a taxicah staRd or office 'fvithin any other municipal corporatioR, and whether or not or where the ultimate destination or route of travel is:. within tHe eonfiRes of the city; provided, that RotRing iR tHis article shall be construed to apply to This definition does not include taxicabs or for-hire vehicles licensed by any other municipal corporation and transporting passengers from a point within the licensing municipality to a destination outside thereof, whether or not the ultimate destination or route traveled is within the city. For-hire driver means shall mean any person in charge of or driving a taxicab or for-hire vehicle carrying passengers or baggage for hire:.-; pro';ided, howc'ler, that the pro',isioRs of this article shall This definition does not apply to drivers of motor vehicles operated by any licensed municipal or privately owned, licensed transit system. For-hire vehicle means shall meaR and iRclude every motor vehicle-,- other than a "sightseeing car," "charter bus-,-" or one used by ~hotel or motel keepers exclusively to convey their guests to and from hotels or motels free of charge or reward, used for the transportation of passengers for-hire, and not operated exclusively over a fixed and definite route~; pfo~liaed, hovlever, that this This definition does not include a motor vehicle with a seating capacity, including the driver, not exceeding 15 persons which operates to transport passengers between their places of abode or termiai Rear such places, and their places of employment, in a single, daily round trip where the driver is also on the way to or from his or her place of employment. Labor costs means shall meaa salaries or wages paid by taxi owners to taxi drivers or the portion of the draw taken by a taxi owner to represent his or her compensation for driving the taxicab. If, in the opinion of the director, labor costs are under reported, this information may be supplemented by the director with an index of wages in comparable industries. Licensed vehicle means shall meaR any taxicab that has been issued a for-hire vehicle license under this article. Any transfer of for-hire vehicle licenses for a licensed vehicle shall be for the transfer of all for-hire vehicle licenses issued to such vehicle. If the transfer is for one for-hire vehicle license only, the remaining for-hire vehicle licenses shall be considered abandoned and nonrenewable or nontransferable and shall be surrendered. Licensee means shall meaR all applicants, including affiliation representative, required to license taxicabs or for-hire vehicles under the provisions of this article. Motor vehicle means shall meaa every self-propelled vehicle by or upon which any person may be transported or carried upon a public street, highway-,- or alley~; provided, that '/ehicles Motor vehicle does not include vehicles used exclusively upon stationary rail tracks or propelled by the use of overhead electric wires shall not come under the flFOyisioRS of this article. Special rate means shall mean discounted rates for the elderly and handicapped. Special services vehicle means shall meBR a vehicle equipped to accommodate and which is used for the transportation of handicapped persons. The term "handicapped" means any person who is physically or mentally disabled who has an identification card issued by a governmental agency which describes the handicap and also has medical certification that the handicap limits the person's activities, functioning and ability to use public transportation facilities. Taxicab means shall meaR every motor vehicle used for the transportation of passengers for-hire, where the route traveled or destination is controlled by a customer and the fare is based on an amount recorded and indicated on a taximeter, or on a special fare rate or contracted agreement as permitted by this article. 133 Taximeter means shall ffieaR any instrument or device by which the charge for hire of a passenger carrying vehicle is measured or calculated either for the distance traveled by such vehicle or for waiting time, or for both, and upon which such calculated charges shall be indicated by means of figures. (Ord. No. 90-27, ~ 1(6.64.010),2-13-90) SECTION 19. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 20. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one; changes made in this ordinance are intended to be in addition to any changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. SECTION 21. 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. SECTION 22. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. 134 SECTION 23. 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 MAYOR, JACK DOVEY A TIEST: 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.: 135 COUNCIL MEETING DATE: December 2, 2008 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: OCTOBER 2008 MONTHLY FINANCIAL REPORT POLICY QUESTION: Should the Council approve the October 2008 Monthly Financial Report? COMMITTEE: Finance, Economic Development & Regional Affairs Committee MEETING DATE: November 25, 2008 CATEGORY: [gI Consent D Ordinance o City Council Business 0 Resolution STAFF REpORT By: Tho Kraus, Finance Directo~_ Attachments: · October 2008 Monthly Financial Report Options Considered: 1. Approve the October 2008 Monthly Financial Report as presented and forward to the December 2, 2008 Council Consent Agenda. o Public Hearing o Other DEPT: Finance 2. Deny approval of the October 2008 Monthly Financial Report and provide direction to staff. STAFF RECOMMENDATION: Staff recommends approval of Option 1. CITY MANAGER ApPROVAL: DIRECTOR APPRO V AL: ~ ~ Committee Council COMMITTEE RECOMMENDATION: Forward approval of the October 2008 Monthly Financial Report to the December 2, 2008 City Council Consent Agenda. Mike Park, Chair Dini Duclos, Member Eric Faison, Member PROPOSED COUNCIL MOTION: "[ move approval of the October 2008 Monthly Financial Report. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # 136 ,- crrvM ~ Federal Way October 2008 Monthly Financial Report GENERAL & STREET FUND OPERATIONS The overall operations of the combined General and Street Fund showed a negative result of $l.3M through October. Overall revenue total $32.3M and is $1.3M or 4% below budget. The negative variance is due to Property Taxes ($297K), Sales Tax ($437K), Building Permits ($570K), and Interest Earnings ($374K). 2007 2008 Variance ~ENERAL & STREET FUND Annual Annual YTD Annual YTD YTD Favorable (Unfavorable) Summary of Sources & Uses Budget Actual Actual Budget Budget Actual $ % Beginning Fund Balance $ 7,088,947 $ 7,088,947 $ 7,088,947 $ 7,645,766 $ 7,743,581 $ 7,743,581 $ - 0.0% IoPERA TING REVENUES Property Taxes 8,865,097 9,006,922 7,826,003 9,122,267 7,229,234 6,932,511 (296,724) -4.1% Sales Tax 12,932,071 13,048,623 10,806,024 13,089,443 10,839,834 10,402,938 (436,896) -4.0% Criminal Justice Sales Tax 2,142,502 2,145,383 1,752,826 2,289,763 1,870,788 1,737,784 (133,004) -7.1% Intergovernmental 2,375,291 2,506.309 2,144,866 2,398,026 2,052,198 2,091,139 38,940 1.9% leasehold Tax 2,026 7,254 5,889 2,026 1,645 3,970 2,326 141.4% Gambling Taxes 1,400,000 1,489,952 1,222,745 1,400,000 1,224,506 1,123,662 (100,844) -8.2% Court Revenue 986,535 1,217,114 990,124 998,825 804,144 1,260,623 456,479 56.8% Building PennitslFees.CD 2,278,857 2,689,040 2,188,204 2,182,100 1,854,816 1,284,956 (569,859) -30.7% ROW Permits & Develop Svcs Fees-PW 475,719 499,392 406,358 483,399 378,055 411,347 33,292 8.8% Licenses 235,518 259,209 116,056 235,518 105,449 102,273 (3,176) -3.0% Franchise Fees 981,739 982,767 982,767 1,073,269 1,073,269 967,240 (106,029) -9.9% Passport Agency Fees 88,730 109,720 98,083 91,388 81,695 66,855 (14,840) .18.2% General Recreation Fees 599,310 619,448 581,011 600,915 563,628 720,994 157,366 27.9% Public Safety 1,002,777 1,082,506 755,632 934,775 652,510 719,809 67,299 10.3% Admin/Cash Management Fees 582,399 571,011 475,842 605,695 504,746 494,341 (10,405) -2.1% Interest Eamings 741,023 671,880 574,258 741,023 633,355 258,979 (374,376) -59.1% Mise/Other 225,583 269,494 218,551 240,750 195,240 211,759 16,519 8.5% Oncoine Transfers In: Utility Tax-Celebration Park 255,800 255,800 255,800 266,000 266,000 266,000 - 0.0% Utility Tax-Arts CommIRW&B Festival 106,000 106,000 106,000 108,000 108,000 108,000 - 0.0% Utility Tax-Police Positions 700,000 700,000 700,000 728,000 728,000 728,000 - 0.0% Utility Tax-Street Bond Projects 264,275 264,275 264,275 321,592 321,592 321,592 - 0.0% Utility Tax-New Street Lights 112,091 112,091 112,091 116,014 116,014 116,014 - 0.0% Utility Tax-Camp Kilworth M&O 106,000 106,000 106,000 110,000 110,000 110,000 - 0.0% Utility Tax-General Fund Oper 1,238,728 1,238,728 1,238,728 1,761,946 1,761,946 1,761,946 - 0.0% Utility Tax-New Parks M&O 59,000 59,000 59,000 62,000 62,000 62,000 - 0.0% lTotatC>per'J'if'tgRev.enueS 38,751,071 4O,~17,920 33,987,133 39~962,134 ~3,53',664 ... 3~,~t)oi,731 (1,273,932) -3.8% IoPERATING EXPENDITURES City Council 371,771 365,625 302,839 381,122 315,675 350,384 (34,709) -11.0% City Manager 1,499,027 1,371,481 1,151,812 1,716,646 1,441,692 1,332,549 109,143 7.6% Municipal Court-Operations 1,263,616 1,178.409 966,875 1,336,888 1,096,906 1,085,901 11,005 1.0% Economic Development 373,730 215,861 178,725 345,201 285,814 198,039 87,776 30.7% Management SelVices 1,917,520 1,763,045 1,400,166 2,062,658 1,638,112 1,723,317 (85,205) .5.2% CiviVCriminallegal Services 1,283,590 1,160,696 950,766 1,390,944 1,139,370 1,081,457 57,912 5.1% Comm. Development Svcs 3,941,033 3,643.,885 2,846,248 4,309,029 3,365,794 3,008,495 357,299 10.6% Jail Services 1,555,628 1,585,165 1,202,309 1,824,022 1,383,476 1,112,743 270,733 19.6% Police SelVices 19,784,472 19,265,923 15,264,547 20,439,981 16,194,762 16,792,046 (597,284) -3.7% Parks and Recreation 3,949,583 3,710,973 2,896,795 4,007,944 3,128,611 3,191,109 (62,498) -2.0% Public Works 4,855,671 4,136,883 3,267,788 5,307,315 4,192,331 3,679,564 512,767 12.2% Total Operating Expenditures 40,795,641 38,397,945 30,428,870 43,121,748 34,182,543 33,555,605 626,938 1.8% Operating Revenues over/(under) Operating Expenditures (2,038,570) 1,619,975 3,558,263 (3,159,014) (643,878) (1,290,874) (646,994) 100.5% OTHER FINANCING SOURCES One- Time Transfers In 173,115 161,151 146,836 120,795 41,657 41,657 - 0.0% Grants & Other 161,751 203,506 169,039 79,171 75,834 75,834 - 0.0% Total Other Financing Sources 334,866 364,657 315,875 199,966 117,490 117,490 - 0.0% OTHER FINANCING USES City Manager Contingency - - 3,036,935 85,260 85,260 nla n1a One- Time Transfers 1,496,000 1,330,000 1,030,000 - - nla n1a Total other Financing Uses 1,496,000 1,330,000 1,030,000 3,036,935 85,260 85,260 nla nil. Total Ending Fund Balance $ 3,889,243 $ 7,743,581 $ 9,933,085 $ 1,649,783 $ 7,131,933 $ 6,484,938 nla nla 137 DESIGNATED OPERATING FUNDS Through October, designated operating funds revenue total $22.5M and is $1.3M above the year to date budget of $21.2M. Expenditures of$15.4M is $89K below year to date budget of$15.5M. Traffic Safety fund has been added to Designated Fund Summaries to account for Red Light Photo Enforcement, which started on August 15th of2008 for a 30-day warning period and actual citations started on September 15th. Federal Way has received $26K in Red Light Photo gross revenues (does not include ATS payment as of October), ytd citations issued is 4,191 and of these 2,324 were warnings, and 1,867 were citations. 2007 2008 Variance DESIGNATED OPERAllNG FUNDS Annual Annual YTD Annual YTD YTD Favorable (Unfavorable) Summary of Sources & Uses Budget Actual Actual Budget Budget Actual S % Begin Balance-Designated Funds $ 9.705.215 $ 9.705,215 $ 9,705,215 $ 5,798.400 $ 7.303.438 $ 7.303,438 $ - 0.0% OPERAllNG REVENUES ntergovemmental 559,023 561.232 465,026 559,023 463,196 440,663 (22,533) -4.9% Utility Taxes 9,013.787 10,392,609 8.404,153 9.197,069 7.535.842 8.780.343 1,244.503 16.5% HotellMotel Lodging Tax 175.100 191.691 159.819 180,354 148,746 164.104 15,355 10.3% Real Estate Excise Tax 4.800,000 4,898,537 4,413,127 3,300,000 2,828,831 2,437.401 (391.436) -13.8% FW Community Centllf'- Transition 33,820 17,440 50,201 . - - - nla FW Community Center-Operations 1.248,117 906.126 586.912 1.663,407 1,366.173 1,174,237 (211,935) -15.3% ITraffic Safety Fund . - - - - 25,922 25,922 nla Dumas Bay Centre 536,126 518.484 455.101 634,711 557,142 416,161 (140,981) -25.3% Knutzen Family Theatre 77.745 134,589 105.939 77 ,955 61.361 76.816 15,455 25.2% SWM Fees 3,710.104 3.650,974 3,182,247 3,604.132 2.643.925 2.643.925 - 0.0% Refuse CoIfedjon Fees 242,850 259.014 215,845 242.850 202.375 240.944 38.569 19.1% nterest Earnings 249.970 524,350 435,731 159.970 132,934 268,843 135,909 102.2% Miscellaneous/Other 4,000 25.002 25,002 4,000 - - - nla IOnnoinn T....nsfers In: Utility Tax-Knutzen Theatre 125.495 125,495 125,495 129.260 129,260 129.260 - 0.0% Utility Tax-Debt SeNice 1,347,483 1.347,483 - 1,343,633 1,343,633 1.343,633 - 0.0% Utility Tax-Arterial Streets 1,400,000 1,400.000 1.400.000 1.400,000 1.400,000 1,400,000 - 0.0% Utility Tax-New Community Center 492.923 492.923 492,923 528,348 440,290 440.290 . 0.0% Tota. Operating Revenues 2$,041,043 27,849.780 22,341,432 25,610,212 21,235,449 22,543,475 1,308.026 6.2% OPERA llNG EXPENDtTURES City Overlay Program 2.862,975 2,494,146 2.420.518 2.412,849 1.938,716 1,938,716 - 0.0% Utility Tax-AdminICash Mgmt Fees 57.449 57,449 47,874 59,747 49.789 49,789 (0) 0.0% Solid Waste 364.890 336,586 264.791 375,060 295,056 296,998 (1,942) -0.7% HotellMotel Lodging Tax 351,164 194,607 184.507 385.510 365,502 167,778 197,724 54.1% FW Community Centllf' Transition/Start Up 397,917 322.263 330,329 - - - - nla FW Community Center-Operations 1,396,921 1,331,910 1,001.293 1,901,761 1.584,801 1,638,416 (53,615) -3.4% Traffic Safety Fund - - - - 5,529 (5.529) nla Debt Service 11,255,538 10,929,927 8,239.187 1,201,830 86,265 86.265 - 0.0'" Surface Water Management 3,080,245 3.037.900 2.550,949 3,203,195 2,689,741 2,736,360 (46,613) -1.7% Dumas Bay Centre 593,888 561.882 479,281 643,413 548,826 467.059 81.767 14.9% Knutzen Family Theatre 262,539 236.162 167.656 210,939 149,750 232,259 (82,509) -55.1% Onaoina Transfers Out: Utility Tax-Celebration Parte: 255,800 255,800 255,800 266,000 266,000 266,000 - 0.0% Utility Tax-Community Center Oper. 492,923 492,923 492,923 528,348 440,290 440,290 - 0.0% Utility Tax-Arts Comm/RW&B Festival 106,000 106,000 106,000 108,000 108,000 108,000 . 0.0% Utility Tax-Police Positions 700,000 700,000 700,000 728,000 728.000 728,000 - 0.0% Utility Tax-Street Bond Projects 264,275 264,275 264,275 321,592 321,592 321.592 - 0.0% Utility Tax-New Street Lights 112,091 112,091 112,091 116,014 116.014 116,014 - 0.0% Utility Tax-Knutzen Family Theatre 125,495 125,495 125,495 129.260 129,260 129,280 - 0.0% Utility Tax-Arterial Streets Overlay 1,400,000 1,400,000 1,400,000 1,400.000 1,400.000 1,400,000 - 0.0% Utility Tax-Camp Kilworth M&O 106,000 106.000 106,000 110.000 110,000 110,000 0.0% Utility Tax-Debt SeNice 1,530.300 1,530.300 - - - - nla Utility Tax-Transportation CIP 1.400,000 1,400,000 1,000,000 1,400,000 1.400,000 1,400,000 - 0.0% Utility Tax-General Fund Operations 1,238,728 1.238.728 1,236.728 1,761.946 1,761.946 1,761,946 - 0.0'" Utility Tax-Community Center Debt S\IC 917.183 917,183 - 913,333 913.333 913,333 - 0.0% Utility Tax-New Parte:s M&O 59,000 59,000 59,000 62.000 62,000 62,000 - 0.0% rt'otal Operating Expend/turn 29,33.1,322 28,210,629 21,546,698 18,238,796 15,464,887 15,375,605 89,282 0.6% Operating Revenues overl(under) Operating Expenditures (3,290,278) (360,849) 794,734 7,371,416 5,770,562 7,167,869 1.397,309 24.2% 011iER FINANCING SOURCES One- Time Transfers In 5.733.805 5,733.805 4,583,805 - - - . nla GrantslMitlgationlOther 258,061 223,265 85,613 222,000 218.178 218,178 - 0.0% Total Other Financing Sources 5,991,866 5,957,070 4.669,418 222,000 218.178 218,178 - 0.0% I011iER FINANCtNG USES One- Time Transfers OutlOthllf' 6,188,913 6,188,911 4,222,703 4,964.300 3.193,966 3,193.966 - 0.0'" -rotal Other Financing Uses 6,188,913 6,188,911 4,222,703 4,964,300 3,193,966 3,193,966 - 0.0% ENDING FUND BALANCE Arterial Street 15.105 388,954 358,971 15,106 444,129 nla nla Utility Tax 1.711,179 2,914,521 3.552.164 1,792,927 - 3.198,179 nla nla Solid Waste & Recyding 115,936 138,508 68,245 144,298 143,886 nla nla HotellMotellodging Tax 0 198.155 (18,737) - 198,034 nla nla FW Community Centllf' 239,101 21,394 57.491 311.388 - (2,494) nla nla Traffic Safety Fund - - - - 20,393 nla nla Paths & Trails 34.923 35.369 33.667 44,892 - 42,806 nla nla Debt Service Fund 1.462.083 2.089,658 3.571,734 2.787,255 4,017,363 n/a nla Surface Water Management 903,568 928,050 881,956 187.807 - 555.539 nla n1a Dumas Bay Centre Operations 3,640 (76,244) (56.594) (72,568) (127.142) n1a nla Knutzen Family Theatre 8,786 98,121 138,576 97,135 55.080 nla nla tTota, Ending Fund Balance $ 4,494,322 $ 7,303,438 S 8,968,923 S 5,874,593 $ - S 9,774,293 nla n/a 138 Real Estate Excise Tax Compared to 2007, collections are down $2.0M or 45%. October's receipt of $287K is $66K below October 2007's activity. October's collection of $287K is $79K higher than October 2008 Budget. Compared to 2008 YTD Budget, collections are down $391K or 14%. The negative variance is due to major sales reported in 2007 compared to 2008 such as Wild Waves, Lexington Down Apartments, Emerald Forest Apartments, and Waterstone Place Apartments for a total of $173 M in 2007. 2008 major sales consist of Glen Park Apartments, Pheasant Run Apartments, and The Parks at Dash Point Apartment for a total sale value of $125M. October 2008 activities include 167 real estate transactions~ of which 79 were tax exempt. Significant transactions in October 2008 includes commercial property located on Pacific Hwy S ($ L I M), residential property located on Pacific Hwy S ($1.6M), and The Parks at Dash Point Apartments ($30.0M). Sales Tax Compared to 2007, sales tax revenues are down $403K or 4%. October sales tax collection total $l.OM, which is $IK or less than 1 % below 2007' s October sales tax of $1.1 M. Compared to 2008 YTD budget, sales tax revenues are down $437K or 4%. The decrease in overall sales revenues is due to the decrease in Construction Activities. REALfSTATf EXClSfJAX REVENUES Year to date thru October 2007 2008 2008 Change from 2007 2008 Actual vsBudget .. Month Actual Budget Actual .. lVar " Var lVar " Var Jan $ 693,595 $ 227,769 $ 590,477 $ (103,118) -14.9% $ 362,708 1592% Feb 219,522 227,410 511,905 292,383 133.2% 284,495 125.1% Mlr 626,241 302,216 162,401 (463,839) -74.1% (139,815) -46.3% Apt 506,747 344,145 144,395 (362,352) -71.5% (199,750) -58.0% May 484,527 295,282 134,252 (350,275) -72.3% (161,030) -54.5% .kin 520,650 343,936 130,736 (389,914) .74.9% (213,200) -62.0% Jut 407,081 271,423 223,161 (183,920) -452% (48,262) -17.8% Aug 293,865 251,639 140,235 (153,630) .52.3% (111,404) -44.3% Sep 307,526 356,746 112,732 (194,793) -63.3% (244,014) -68.4% Oct 353,373 208,271 287,107 (66,267) .18.8% 78,836 37.9% tt>v 302,465 265,674 - . . Dee 182,946 205,487 . . YTD Total $4,413,127 $2,828,837 $2,437,401 $ (1,975,727) -44.8% $ (391,436) -13.8'A Annual Total $4,898,537 $3,300,000 LOCAL RETAIL SALES TAX REVENUES . Year-to-date thru October: . 2007 2008 2008 Changefrom 2007 2008 Actual vsBudget Month Actual Budget Actual $ .. " $ .. " Jan $ 994,523 $ 997,634 $ 1,014,466 $ 19,944 2.0% $ 16,832 1.7% Feb 1,375,199 1,379,501 1,393,323 18,125 1.3% 13,822 1.0% fvtIr 946,695 949,656 911,140 (35,554) -3.8% (38,516) -4.1% Apr 959,014 962,014 909,258 (49,756) -5.2% (52,756) .5.5% May 1,130,690 1,134,227 1,142,019 11,329 1.0% 7,792 0.7% .lIn 1,007,794 1,010,947 883,361 (124,434) -12.3% (127,586) -12.6% .k.tI 1,026,816 1,030,028 964,231 (62,584) -6.1% (65,797) -6.4% Aug 1,197,478 1,201,224 1,071,441 (126,037) -10.5% (129,783) .10.8% Sep 1,108,619 1,112,087 1,077,527 (31,092) .2.8% (34,560) -3.1% Oct 1,059,202 1,062,516 1,036,171 (1,331) -0.1% (26,345) -2.5% tt>v 1,166,531 1,170,180 - - - . - Dee 1,076,061 1,079,428 - - - - - YTD Total $10,806,024 $10,839,834 $10,402,938 $ (403,086) -3.7% $ (436,896) -4.0-.< Annual Total $13,048,623 $13,089,443 Sales Tax bv SIC Code Retail sales continue to remain the largest source of sales tax revenue, accounting for 54% of all sales tax collections. Year-to- date retail sales tax collection is below by $120K or 2% below year-to-date 2007. The decrease is due to decreases in Building Materials/Garden ($83K), Motor Vehicle and Parts Dealer ($78K) offset by an increase in General Merchandise Stores and Misc. Store Retailers ($44K). COM PARISON OF SALES TAX COLLECTIONS BY SIC GROUP Year-ta-date thru October , Component 2007 2008 Change from 2007 Group Actual Actual .. $ % Retal Trade $ 5,703,303 $ 5,582,945 $ (120.358) -2.1% Services 2,070,944 $ 2,101,907 $ 30,963 1.5% Construct/Contract 1.600.797 $ 1,132.672 $ (468,125) -29.2% lMlolesaling 417,868 $ 530,819 $ 112,951 27.0% TransplUiity 5,821 $ 18,754 $ 12,934 222.2% hf ormation 436,984 $ 467,970 $ 30,986 7.1% Manufacturing 182,668 $ 218,910 $ 36,241 19.8% Govern/rent 73,560 $ 43,50 1 $ (30,059) -40.9% FUl/hslRea1 Estate 291,882 $ 291,503 $ (379) -0.1% Other 22.211 $ 13,958 $ (8,253) -37.2% YTDTotal $10,806,024 $10,402,938 $ (403,086) -3.7% Services industry accounts for 20% of the total sales tax collections. On year-to-date basis, services sales tax is up by $31 K or 2% compared to 2007. The increase in the service industry is due to the increase in food services/drinking places ($73K) offset by a decrease in ProfessionaVScientific Tech ($30K). Construction and contracting activity, which accounts for 11% of sales tax collections, is down $468K or 29% from 2007's activity. Sales tax received year-to-date on major City projects total $26K or 1% of total construction and contracting activity. Wholesale trade accounts for 5% of the total sales tax collections. Year-to-date wholesaling activity is up $l13K or 27% above 2007 year-to-date. The increase is due to increase in Durable goods of $96K and Nondurable goods of$19K. Information accounts for 40/0 of the total sales tax collections. Year-to-date information activity up by $31K or 7% compared to 2007. The increase is due to an increase in Telecommunications of$36K. 139 Manufacturing activity accounts for 2% of the total sales tax collections is up by $36K or 20% when compare to 2007 year-to- date. The majority of the increase is due to increase in activity of wood product manufacturing ($22K), Furniture & Related Products ($6K), and Printing & Related Support ($8K). Government activity shows a decrease of $30K or 41% compared to 2007's activity mainly due to nonc1assifiable establishment ($34K). Sales Tax bv Area The City's largest retail center, South 348th, which generates 12% of the City's sales tax, is showing a decrease of $86K or 6% compared to the year 2007. The decrease is due to decrease in Retail Building Materials ($75K) and Retail General Merchandise ($7K). The Commons year to date activity show a decrease of $38K or 4% compared to 2007. The decrease from 2007 consists of a decrease in General Retail Merchandise ($36K). Major Auto Sale's collection total $261K and is $75K or 22% below 2007. S. 3 12th to S316th tax collections are up by $74K or 11% compared to the prior year. The increase from 2007 is due to General Retail Merchandise increase of $80K offset by a decrease in Automotive Repair of$2K and Retail Food Stores of$2K. Pavilion Center tax collections shows an increase of less than $1 K or less than I % compared to the prior year. Hotel & Motels tax collections shows an increase of $3K or 2% from the prior year. The increase is due to an additional hotel/motel in 2008. Federal Way Crossings tax collection is up by $29K or 16% compared to the prior year. SALES TAX COMPARISON by AREA Year.to-date thru October Chg from 2007 Group . 2007 2008 $ % Total Sales Tax $10,806,024 $10,402,938 ($403,086) .3.7% S348th Retail Sloe. $1,353,191 $1,267,784 ($86,007) -6.4% % chg from prev yr 2.5% .6.4% na na Percentage of total 12.5% 12.2% -0.3% -2.72% The Commons 924,308 886,523 ($37,185) -4.09% % chg from prev yr 7.2% -4.1% na na Percentage of total 8.6% 8.5% 0.0% -0.37% Major Auto Sales 336,905 261,46& ($75,439) -22.39% % chg from prev yr .7.6% -22.4% na na Percentage of total 3.1% 2.5% .0.6% -19.38% S312th to S 316th 685,199 160,109 $74,310 10.84% % chg from prev yr 38.0% 10.8% na na Percentage of total 6.3% 7.3% 1.0% 15.13% Pavilion Center . ... 431,516 ... . ... 438,083 $507 0.12% % chg from prev yr 7.7% 0.1% na na Percentage of total 4.0% 4.2% 0.2% 4.00% Hotels & Motels I.. 156,385 159,238 2,853 1.82% % chg from prev )f 18.8% 1.8% na na Percentage of total 1.4% 1.5% 0.1% 5.n% fW Crossings 189,460 218,942 29,482 15~ % chg from prev)f na 15.56% na na Percentage of total na 2.1% na na Gambling Tax Gambling tax collection through October is $1.1 M. In comparison to 2007 year-to-date collection, 2008's tax collection is $99K or 8% below the same period. Compared to 2008 YTD budget, gambling revenues are down $101 K or 8%. The unfavorable variance is due to the timing of cash receipts in January of 2007 in which the City received $102K ($90K related to November Revenues and $12K in an amended return from 2006) from a major payer for 2006 revenues. If these were taken into consideration, the adjusted change from 2007 is a favorable variance of $3K or less than 1% and the 2008 actual ys. budget variance is an unfavorable variance of $7K or less than 1 %. GAMBLING TAX REVENUE Year-To-Date Through October .. 2007 2008 . . 2008 Change from 2007 . 2008 Act"al vs Budget Month AGtual B&ldget . . Act"al $Var. . %Var $Var %Var Jan $ 218,118 $ 171,219 $ 104,699 $ (113.419) -52.0% $ (66,521) -38.9% Feb 120,749 94.611 142.126 21.377 17.7% 47.514 50.2% Mar 23,530 100.383 8.543 (14.987) -63.7% (91.840) -91.5% Apr 228,568 161.324 213,395 (15.173) -6.6% 52,071 32.3% May 36,079 85,311 24.498 (11.580) -32.1 % (60,812) .71.3% Jun 186.964 150,151 129.404 (57,560) -30.8% (20,747) -13.8% Jul 34,454 113,342 104.915 70,461 204.5% (8.427) -7.4% Aug 211.381 105.484 103.934 (107,446) -50.8% (1,549) -1.5% Sep 29.788 103,920 110,993 81,205 272.6% 7.073 6.8% Oct 133,115 138.761 181,155 48,040 36.1% 42,394 30.6% Nov 104,609 99.998 - - - - - Dee 162.598 75.495 - - - - - YTD Total $ 1,222,745 $ 1,224,506 $ 1,123,662 $ (99,083) -8.1% $ (100,844) -8.2% Annual Total $ 1,489,952 $ 1,400,000 140 HoteVMotel Lodging Tax Hotel/Motellodging tax collections through October total $164K. Compared to 2007, the lodging tax is $4K or 3% above the same period due to an additional hotel/motel in 2008. Compared to 2008 YTO Budget, lodging tax is $15K or 10% above budget. HOTEUMOTEL LODGING TAX REVENUES YN,-to-date thru October 2007 2008 200& Change from 2007 2008 Actu.1 vsBudget Month Actu.1 Budget Actu.1 $ V., " v., $ V., " V., .Ian $ 13,411 $ 11,621 $ 14,985 $ 1,574 11.7% $ 3,364 28.9% Feb 14,883 13,813 14,907 24 0.2% 1,094 7.9% Mar 12.748 11,937 11,171 (1,517) -12.4% (766) -6.4% AfK 12,545 10,613 14,266 1.722 13,7% 3,653 34.4% May 15,638 17,273 17.107 1,470 9.4% (165) -1.0% .b1 13,241 12,814 13,684 443 3.3% 870 6.8% .kit 10,427 13,287 16.160 5,733 55.0% 2,873 21.6% Aug 24,090 18.155 20,201 (3,889) -16.1% 2,046 11.3% Sep 20,376 15,802 29,471 9.095 44.6% 13,669 86.5% Oct 22,461 23,433 12,150 (10,311) -45.9% (11,282) -48.1% t<<lv 17,735 17,015 Dee 14,136 14,591 YTDTotal $ 159,819 $ 148,746 $ 164,1004 $ 4.285 2.7% $ 15.355 10.3% AnnUli Total $ 191,691 $ 180,354 Utility Tax Utility taxes received through October total $11.3M (includes Proposition 1 utility tax revenues), and is above 2007 year to date collections by $1.1M or 11%. Compared to year-to-date budget, utilities tax revenues are above 2008 budget by $1.8M or 19%. Compared to year-to-date 2007, Electricity is up $592K or 17%, Gas is down $30K or 2%, Cable is up by $23K or 2%, and Cellular phone is up $458K or 22%. Phone is up $60K or 6% from 2007 mainly due to the increase in the Utility tax by 1.75% for Proposition 1. September 2008 collections of $905K are $89K below September 2007 collections due to a major phone company reporting back taxes for February through June 2007 in September 2007. UTlUTYTAXES Y..r-~,,~ thru Octobe, 2007 2008 2008 Chang_from 2007 2008 Actual va Budgel Month Actual Budget Actual $Var " Var $V.r "Var Jan $ 845,364 $ 939,795 $ 1,205,190 $ 359,826 42.6% $ 265,396 28.2% Feb 1.129,439 932,623 1,263,500 134,061 11.9% 330,877 35.5% Mar 1,173,418 1,236,265 1,472,457 299,038 25.5% 236,192 19.1% Api' 1,233,143 1,096.194 1,267,412 34,270 2.8% 171,218 15.6% May 1,063,946 1,024.759 1,107,223 43,278 4.1% 82,464 8.0% ./un 950,406 787,336 1,142,902 192,496 20.3% 355,566 45.2% JuI 940,312 954,911 994,888 54.576 5.8% 39.977 4.2% Aug 914.481 828,254 970,773 56,292 6.2% 142.519 17.2% Sep 994,042 713,011 905,271 (88,771) -8.9% 192,259 27.0% Oct 983,515 984,431 1.011,662 28,147 2.9% 27,231 2.8% !'bv 1,006.830 989,907 - - - IA!c 1,561,566 1.295,082 - YTD Total $10,228,065 $ 9,497,579 $ 11,341,277 $1,113,215 10.9% $1,843,700 19.4% Annual Total $12,796,461 $11,782,569 141 UTlLITYTAXES .. .. Year-tOodate thru October 2007 2008 Changefroin2001 Actual Actual lVar %Var Seclric $ 3,414,365 $ 4,006,243 S 591,879 17.3% Gas 1,797,539 1,767,346 (30,193) -1.7% Solid Waste 621,034 644,853 23,818 3.8% Cable 1,116,925 1,140,193 23,268 2.1% Rlone 958,980 1,018,789 59,809 6.2% Cellular 2,069,267 2,527,356 458,089 22.1% Pager 472 256 (216) -45.8% S'M1 255,071 245,771 (9,300) .3.6% Tax Rebate (5,588) (9,528) (3,940) 70.5% YTD Total $ 10,228,065 $ 11,341,2n $ 1,113,215 10.9% Update on Proposition 1 The following table provides a comparison of utility tax revenue collections at the 6.00% rate and the revenue collections at 1.75% for on-going Proposition 1 funding. Year-to-date Prop 1 revenues of$2.56M is $737K or 29% above 2007 Prop I collections. This is primarily due to not implementing Prop 1 utility tax until March 2007 (accounts for $557K ofthe variance). Year-to-date Prop I tax collections total of$2.6M or approximately 99% of the total budget of$2.6M. ...... .' '.. ... .... YtlnwT~..~Y'ri.",..qonj~risQIl ,. < ......:;-.. .......: ........... .: :.. ..... ....~~ . Actual for Year.t. .> ,ic:tUaIYear 2008,; 2008v$'2007at$% 200a.v$:2007 at1i'75% , '-"..& Month 6.00% 1.75% '" I) To~1 06.OQ% " .', 1.7$%'"" Total $ Cttang. %Chg Sqharig, %C1j9 January $ 845,~ $ - $ 845,364 $ 933,051 $ 272,140 $ 1,205,190 $ 87,686 10.4% $ 272,140 100.0% February 1,129,439 - 1,129,439 978,194 285,307 1,263,500 (151,246) -13.4% 285,307 100.0% March 944,978 228,441 1,173,418 1,139,966 332,490 1,472,457 194,989 20.6% 104,050 31.3% April 956,696 276,447 1,233,143 981,222 286,190 1,267,412 24,527 2.6% 9,743 3.4% May 825,015 238,931 1,063,946 857,205 250,018 1,107,223 32,190 3.9% 11,087 4.4% June 735,765 214,641 950,406 884,827 258,075 1,142,902 149,062 20.3% 43,434 16.8% ~,'r_,_,__,,__,_ 727,942 212,370 940,312 nO,236 224,652 994,888 42,294 5.8% 12,282 5.5% _.~--_._.__.,---~._-- -~--"---'-----"---,- .__.._~~-_.~--~.. ----,----- ~--------- ,----, 970,713' ------'--- .-------- ------- ,--- 5.8% August , 707,985 206,496 914,481 751,566 219,207 43,581 6.2% 12,711 .--- --" 224,461 '700,855 ~~- --~~ 994,042 204,416 905,271 (68,726) -8.9% (20,045) -9.8% -- October 761,389 -222~126 983,515 783,222 228,440 1,011,662 21,833 2.9% 6,314 2.8% Novenber n9,481 227,349 1,006,830 Decerri>er 1,208,974 352,592 1,561,566 YlDTotal $ 8,404,154 $ 1,823,912 $10,228,065 $ 8,780,345 $ 2,560,934 $ 11,341,2n $ 376,191 4.5% $ 737,022 28.8% Annual Total $ 10,392,609 $ 2,403,852 $ 12,796,461 $ 8,780,345 $ 2,560,934 nla rJa n/a nla nla Annual Budget $ 9,013,787 $ 2,022,500 11,036,287 $ 9,197,069 $ 2,585,500 $11,782,569 rJa nla nla nla Year-to-date prop 1 expenditures total $2.0M or 70% of the $2.8M budget. The negative 2008 budgeted ending fund balance of$210K is for SafeCity startup appropriated in 2007. These monies were carried forward to 2008 and will use ending fund balances from 2007. Life to date Prop 1 Utility tax Collections total $5.0M and life-to-date expenditures total $3.7M resulting in ending fund balance of $1.2M for Prop I. 2001 2008 LIFE TO DATE PROP 1 Annual Annual Annual YTD .. TOTAL Budget Actual BUdget Actual . $ Bealnnina Balance: $ - $ - $ 646,736 I $ 646,736 n1a OPERATING REVENUES January $ - $ - $ 206,223 $ 272,140 $ 272,140 Februarv - - 204,650 285,307 285,307 March 239,381 228,439 271,279 332,490 560,929 IADril 251,377 276,447 240,543 286,190 562,637 Mav 219,045 238,931 224,867 250,018 488,949 June 187,902 214,641 172,769 258,075 472,716 Julv 182,801 212,370 209,540 224,652 437,022 Auaust 170,082 206,496 181,747 219,207 425,703 September 175,237 224,461 156,459 204,416 428,877 October 193,960 222,126 216,018 228,440 450,565 November 191,454 227,349 217,220 - 227,349 December 211,262 352,592 284,185 - 352 592 TObiIUtilitV tax for:Proo 1 ..... .. ..' ........ 2;022;$00 - 2.40~,8$2 2;$$$i5OO .... .2;$60,934 .... 4.964,786 OPERATING EXPENDITURES Public Safety Improvement Positions & Costs: Police Services (indudes sworn postions, records derk, and indirect Infonnation "'echnology support costs) 1,372,221 1,300,020 1,913,281 1 ,425,349 2,725,369 Court Services (indudes Judge, Court Clerk, Prosecutor, public defender contract, and indirect Infonnation Technoloov sUDoort) 253,450 252,495 339,563 280,924 533,419 lfotal'PubUc:SateW'lmof:o'VementPositiOI1S& ' .......1~G2$,671 1;$$2.$1$1 '. 2;2$2.844 1:706~273 > 3.258;788 Community Safety Program Costs: Code Enforcement Officer 61,794 58,799 90,551 73,454 132,252 Code Enforcement Civil Attorney 47,947 39,066 65,059 56,489 95,555 Park Maintenance 70,807 71.437 97,838 82,516 153,952 lTotal'CorrimuriltVsateWlmpr:d"Qll1entPrOar.u -- 180;$48 169,301 253,448 .. 212.458 381.759 Indirect Support - HR Analvst 31,281 35,300 41,708 42,779 78,079 SafeCitv M&O - - 37,500 - - lTotalOnaoing ExDenditures '. .' 1,83'7,500 1,757;116 2,$85.500 1,961,510 3,718,626 SafeCitv Startup 185,000 - 210,000 17,641 17,641 ffotalProo 1 EiD8fiditureS 2.022,500 1,757,116 2,795.500 1,979,151 3,736~67 ffotaIEl1ctiijaa:qnCl.~I~; r. .$i "iy'\X..,i:t$ 646.'t.3.&% t$<; ::f21Ji'QPQ),$ , .;('$81;783; $...;...'t:." .)I~Q:S19 " 142 State Shared Revenue Year-to-date distribution of $4.5M is below 2007' s activity by $60K or 1 %. The unfavorable variance is due to a decrease in Fuel Tax and Liquor Profits offset by an increase in Criminal Justice High Crime and Liquor Excise Tax. . STA TE SHARED REVENUES Year to date thru October 2007 2008 Change from 2007 Revenue Actual Actual $ % liquor Profits Tax $ 485,697 $ 444,091 $ (41,606) -7.5% liquor Excise Tax 394,221 420,630 26,409 7.0% Crim Just - Population 83,759 87,544 3,785 4.6% Crininal Just High Crime 138,596 195,200 56,603 62.7% local Crim Just Sales Tax 1,752,826 1,737,784 (15,043) -0.8% FuelTax* 1,736,287 1,645,317 (90,970) -5.0% 0Ln - aties 15,041 15,791 749 5.3% YTD Total $ 4,606,428 $ 4,54&,356 $ (60,072) -1.2% . Fuel taxis included in both general/street, designated operating funds, and transportation CIP. Permit Activity Year-to-date building permit activity is below 2007's year-to-date activity by $903K or 41 %. Compared to 2008 year-to-date budget estimates, permit activity is down $570K or 31 %. The negative variance is partially due to an agreement with Sound Transit to waive permit fees ($170K), unclaimed building permits that have been approved and are ready to be picked up by builders ($60K) and the City is no longer charging a new plan check fee under basic plan review for multifamily building permits ($30K). The remaining variance is due to the softening housing markets compared to 2007. Community Development's positive expenditure variance of $357K is mainly due to under spending of one-time programs ($240K) such as: Design review, Nuisance abatement, Chemical dependency treatment, and the Organization capacity-building program and overall savings in ongoing and onetime temporary help of $1 OOK. . . BUILDING PERMITS & FEES . Year-to.Date Through October 2007 2008 . 2008 Change from 2001 2008 Actual vs Budget Actual Budget Actual $ % $ % Jan 186,857 123,482 103,926 (82,931) -44.4% (19,557) -15.8% Feb 284,798 171,455 153,553 (131,246) -46.1% (17,903) -10.4% Mar 269,618 181,944 102,894 (166,724) -61.8% (79,051) -43.4% Apr 303,057 236,514 157,200 (145,858) -48.1% (79,314) -33.5% May 226,214 212,521 156,337 (69,877) .30.9% (56,184) -26.4% Jun 263,124 219,014 129,521 (133,603) -50.8% (89,493) -40.9% Jul 179,257 169,520 145,825 (33,432) -18.7% (23,695) -14.0% Aug 157,371 207,467 149,118 (8,253) -5.2% (58,350) .28.1% Sep 102,168 151.155 85,526 (16,642) -16.3% (65,629) -43.4% Oct 215,739 181,743 101,058 (114,681 ) -53.2% (80,685) -44.4% Nov 304,823 170,542 - Dee 196,014 156,743 - - - - YTD Total 2,188,204 1,854,816 1,284,956 (903,247) -41.3% (569,859) -30.1% Annual Total 2,689,040 2,182,100 na na na na Right-of-way permits and development services fees are up $5K or 1% when compared to 2007's year-to-date activity. The increase to due to a large telecommunications company upgrading their existing equipment throughout the City. Public Works Operations year-to-date expenditures total $3.7M and is $513K or 12% below budget estimates. The favorable variance is mainly due to savings found in ongoing Charges for Services such as Utility ($97K), Rental of Furniture ($ 14K}, and Repairs/Maintenance ($53K), and ProfessionaVConsulting Contracts ($88K). Other savings were noted in the one-time accounts ($265K) based on 2007 spending patterns. ROW PERMITS & DEVELOPMENT SERVICES FEES Year.to-Oate Through October 2007 2008 2008 Change from 2007 2008 Actual vs Budget Actual Budget Actual $ % . $ % Jan 33,025 31,646 46,426 13,401 40.6Ok 14,780 46.7% Feb so ,655 40,330 33,886 (16,769) -33.1% (6,445) -16.0% Mar 21,834 39,250 27,416 5,583 25.6% (11,834) -30.1% Aor 59,623 32,313 85,319 25,696 43.1% 53,005 164.0% May 39,068 38,736 30,690 (8,378) -21.4% (8,046) -20.8% Jun. 36,329 41,372 33,582 (2,747) -7.6% (7,790) -18.8% Jul 64,193 37,592 25,388 (38,805) -60.5% (12,204) -32.5% Aug 26,372 46.553 52,999 26,627 101.0% 6,446 13.8% Sep 3,082 34,875 33,896 30,814 999.7% (979) -2.8% Oct 72,179 35,389 41,746 (30,432) -42.2% 6,358 18.0% Nav 8,370 37,032 - - - Dee 84,664 68,311 - - - YTD Total 406,358 378,055 411,347 4,989 1.2% 33,292 8.8% Annual Total 499,392 483,399 na na 143 Police Department Expenditures through October total $16.8M and is $597K or 4% above the year to date budget of$16.2M. The unfavorable variance is based on 2007 spending patterns and is due to overspending in supplies, intergovernmental and one-time programs, offset by salarylbenefit savings. However, further analysis, Police anticipates that they will have savings at year-end. Through October, City overtime is 13% or $92K above last year. There is a 13% decrease in overtime for contracted services and traffic school. When the decrease from the billable 'overtime is included, the total overtime increased $81K or 10%. Overtime for the month of October included several incidents that required criminal investigations to be called back or held over for search warrants. In addition, two officers resigned at the beginning of October and that caused a staffmg shortage on the swing shift squad. The Police Department is continuing their emphasis towards patrolling parks, which required overtime. PS Overtime by Type through October Type 2007 2008 $ % Trainilg $ 43,544 $ 54,947 $ 11,402 26% Court 25,282 28,380 3,097 12% Field Oper 513,315 602,752 89,437 17% Other 124,745 113,032 (11,713) .9% City R>rtion 706,887 799,111 92,223 13% ConlractlGran1 47,234 45,698 (1,535) .3% Traffic School 38,235 28,872 (9,363) .250/0 Blable 85,469 74,570 (10,899) -13% Grand Total $ 792,356 $ 873,681 $ 81,324 10% PS Overtime By Month 2007 2008 2008 Changefrorn 2007 2008 Actual vs Budget Actual Budget Actual $ % $ % .Ian $ 68,853 $ 33,888 $119,252 $ 50,399 73% $ 85,363 251.9% Feb $ 66,743 $ 32,850 64,247 (2,496) -4% 31,397 95.6% Mar $ 72,669 $ 35,767 100,016 27,346 38% 64,249 179.6% Apr $ 71,885 $ 35,381 76,954 5,069 7% 41,573 117.5% May $ 69,400 $ 34,158 86,482 17,082 25% 52,324 153.2% .kJn $ 84,568 $ 41,623 65,703 (18,864) -22% 24,080 57.9% .kJ1 $ 81,970 $ 40,345 92,307 10,337 13% 51,962 128.8% Aug $ 95,835 $ 47,169 95,766 (69) 0% 48,597 103.0% Sap $101,171 $ 49,795 90,718 (10,454) -10% 40,923 82.2% Oct $ 79,262 $ 39,012 82,237 2,974 4% 43,225 110.8% Nav $ 84,507 $ 41,593 - - - - - Dee $ 83;397 $ 41,047 - - - - - Total $ 792,356 $ 389,987 $ 873,681 $ 81,324 10% $ 483,694 124.0% Annual Total $ 960,261 $ 472,627 Jail Services Jail Services through October is $1.1 M and is below the year-to-date budget estimate of $IAM by $271 K. The City currently uses City of Fife, City ofEnumclaw, King County, and Yakima County for Jail Services. Through October 2007 and 2008, jail services were paid through August for King County and through September for Yakima and City of Enumclaw. City of Fife is only paid through August of 2008 as opposed to September 2007. When the timing of payments is taken into consideration for the City of Fife invoice, the adjusted favorable variance is $249K. Currently, City of Fife, King County, and Medical are down while Yakima County and City of Enumclaw jail expenditures are up. Court Municipal Court year-to-date expenditures of $1.1 M is $11 K or 1 % below estimates. The favorable variance is due to decrease in various line items. Excluding probation through October revenue is up $277K or 31 % compared to year-to-date 2007. The revenue increase is due to the court authorizing certain payments via credit card transactions, the increase in fine amounts for most infractions, and the change in court policy in respect to deferred fmdings. In addition, Court has started online payments, which streamlined citation payments without having the offender come down to the court. Also, the state legislature increased the fine amounts for traffic and non-traffic infractions in October of2007. Total filings have increased from 13,263 in 2007 to 15,785 in 2008; a 19% increase. cam REVeIE Through October 2007 2008 2008 Change from 2007 2008 Actual vsBudget Month Actual Budget Actual $Var %Var $Var " Var January $ 74,292 $ 64,393 $ 116,639 $ 42,347 57.0% $ 52,246 81.1% February 71,310 61,300 120,754 49,445 69.3% 59,454 97.0% Mlrch 92,354 89,397 113,512 21,158 22.9% 24,116 27.0% April 77,727 61,510 105,654 27,927 35.9% 44,144 71.8% Mly 79.456 71,523 144,650 65,195 82.1% 73,127 102.20.4 June 96,805 89,729 105,540 8,735 9.00.4 15,812 17.60.4 July 90,014 72,981 121,874 31,860 35.4% 48,892 67.1)41.4 August 97,385 72,705 119,814 22.429 23.0% 47,109 64.8% Septerrber 101,982 69,407 120,296 18,314 18.0% 50,889 73.3% October 122,605 70,041 112,042 (10,563) -a.6% 42,001 60.0% Noverrber 120,895 92,970 - - Deceniler 90,603 74,869 - - - - Subtotal $ 903,930 $ 722,986 $1,180,776 $ 276,846 30.6% 457,790 63.JOA A"obation Svcs 86,178 81,159 79,827 (6,350) -7.40.4 (1,331) -1.6% YTD Total $ 990,124 $ 804,144 $1,260,623 $ 270,499 27.3% 456,479 56.8% Annual Total $1,217,114 $998,825 na na na na COlRT.REVEME By Category Through October 2007 2008 Change from 2007 Actual Actual IVar " Var CM Penalties $ 11,m $ 19,028 $ 7,252 61.6% Traffic & ~Par1<ing 589,888 829,068 239,180 40.5% Parking hfractions 39,246 66,040 26,795 68.3% CU & Olher Msd 75,192 51,645 (23,547) -31.3% Oimal Traffic Msd 29,824 6,321 (23,503) .78.8% Crilrinal Costs 40,105 66,616 26,511 66.1% hterest I Olher I Msc 29,687 36,918 7,231 24.4% 0irinaI Conv Fees 19,543 19,620 78 0.4% Shared Court Costs 14,472 24,616 10,144 70.1% Services & O1arges 54,198 60,904 6,706 12.4% Subtotal $ 903,930 $1,180,776 $ 276,846 30.6~ A"obation Services 86,178 79,827 (6,350) -7.4% YTO Total $ 990,124 $1,260,623 $ 270,499 27.3~ 144 Federal Wav Communitv Center The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and designated utility tax transfer. The facility opened early March with a grand opening on March 31, 2007. 2007 2008 Variance Federal Way Annual Annual Y10 Annual YIU Community Center Budget Actual Actual Budget Budget YTO Actual $ % Beginning Fund Balance $ 55,273 $ 55,273 $ 55,273 $ 21,394 $ 21,394 $ 21,394 nla nla Revenues Admissions $ 962,250 $ 614,713 $ 372,012 $1,183,407 $ 986,173 $ 843,835 $ (142,337) -14.4% Youth Athletic Programs 15,750 - - 19,000 15,833 14,335 (1,498) -9.5% Open Gvmnndoor PlaVQround 500 - (50) 1,000 833 - (833) -100.0% Aquatics Programs-Lessons/Classes 76,180 96,750 97,468 148,000 123,333 94,683 (28,650) -23.2% Childcare Fees 19,832 8,018 (15) 10,000 8,333 3,220 (5,113 -61.4% Fitness Trainino Fees 14,625 6,890 1,061 5,000 4,167 3,477 (689 -16.5% T~/equipmentRen~ls 4,570 - - 8,000 6,667 - (6,667 -100.0% Pool Rentals/Competitive-LaD Lanes 18,300 31,569 92,278 36,000 30,000 14,959 (15,041 -50.1% Rentals 113,106 111,973 1,102 213,000 177,500 161,755 (15,745) -8.9% Merchandise Sales 11,954 2,628 8,443 21,000 17,500 35,375 17.875 102.1% ConcessionsNending 11,050 7,913 - 19,000 15,833 - (15,833 -100.0% Interest Earnings/Other Mise Revenues - 25,672 14,612 - - 2,598 2,598 nla Total Revenue 1,248,117 906,126 586,912 1,663,407 1,386,173 1,174,237 (211,935) -15.3% Expenditures Personnel Costs 880,330 783,309 610,887 1,232,385 1,026,988 993,215 33,773 3.3% Supplies 99,940 129,018 104,399 133,254 111,045 132,542 (21,497 -19.4% Other Services & Charges 128,693 60,072 32,861 171,591 142,993 106,186 36,807 25.7% Utility Cost 165,751 248,776 153,796 221,000 184,167 292,652 (108,485 -58.9% Intergovernmental 1,029 9,741 7,026 2,000 1,667 14,210 (12,544 -752.6% Capital 16,500 5,085 5,085 22,000 18,333 - 18,333 100.0% Intemal Service CharQes 104,678 95,909 87,240 119,531 99,609 99,611 (2 0.0% Total Expenditures 1,396,921 1,331,910 1,001,293 1,901,761 1,584,801 1,638,416 (53,615) -3.4% Operatina Rev Over I (Under Exp) 1148,804) (425,785) 1414,382 1238,354) (198,628) (464,178) (265,550 133.7% Other Sources Transition Revenue 33,820 17 ,440 50,201 - - - - n1a Transfer In from General Fund 30,000 30,000 30,000 - - - - n1a Transfer In from NCC CIP Fund 173,805 173,805 173,805 - - - - nla Transfer In from U~X Fund 492,923 492,923 492,923 528,348 440,290 440,290 - 0.0% Total Other Sources 730,548 714,168 746,929 528,348 440,290 440,290 - 0.0% Other Uses TransitionlS~rtup Costs 397,917 322,263 330,329 - - - - n1a Total Other Uses 397,917 322,263 330,329 - - - - n1a Net Income 183,827 133,879) 2,218 289,994 241,662 (23,888) 1265,550) -109.9% Ending Balance $ 239,101 $ 21,394 $ 57,491 $ 311,388 $ 263,056 $ (2,494) $ (265,550) -100.9% The operating revenue budget includes $1.7M in user fees/program revenue and $528K contribution from utility tax. Through October, operating revenues total $1.2M and is $212K or 15% below YTD projections. Currently the Open Gym/Indoor Playground and TowellEquipment Rentals are not up and running as of October 2008. Through October, operating expenditures total $1.6M and is $54K or 3% above YTD budget estimates. Federal Way Community Center has recovered 72% of operating expenditures compared to the budgeted recovery ratio of 87%. October ending fund balance is a negative $2K is due to utilities costs and an increase in temporary help for summer programs. Utilities expenses have increased $139K when comparing year-to-date 2007 with year-to date 2008. However, 2007's year- to-date utilities only included 7 months of utilities cost. If the Center incurred 3 additional months of utilities expenses based on the average in 2007, the adjusted year-to-date variance between 2007 and 2008 would only be an increase of $16K. Utilities costs are much higher than projected from the business plan-which used numbers from an engineering study. To date actual costs are 59% higher than budgeted. Estimated year-end utilities cost are projected to be $160K over 2008 annual budget. City's contribution of $528K to the Community Center was intended to provide $238K for maintenance/operations and $290K for capital reserves. Through October 2008, $464K is needed to cover maintenance and operations and is $266K over the projected year-to-date contribution of $199K. With the city's contribution currently over its year-to-date budget, the Community Center is using $266K or 92% of their capital reserves for on-going operations. Year-to-date operating budget projections are calculated on 1/12th of the Annual Budget times the month we are reporting. For year-to-date October, the projected revenues/expenditure budget is 10/12th of the annual budget. The Federal Way Community Center currently has $424K in their capital budget (construction). Planned capital expenditures includes the following: security system, concession stand vendor/construction, and commercial washer/dryer which will be installed on the 24th of November for the Towel Equipment Rental Program. 145 Traffic and non-parking fmes total $829K and is $239K or 41 % above year-to-date 2007. Parking infractions total $66K and is $27K or 68% above year-to-date 2007. DUI and other misdemeanors total $52K and is $24K or 31 % below year-to-date 2007. Criminal costs total $67K and is $27K or 66% above year-to-date 2007. Criminal Conviction Fees total $20K and is above year-to-date 2007 by less than $1 K. Parks & Recreation Overall parks operations expenditures, including administration, park planning, parks maintenance and general recreation, through October total $3.2M and is $62K or $2% above the year-to-date budget of $3.1 M. The increase in expenditures is due to a lower vacancy rate in 2008 compared to 2007 in grounds maintenance. The department expects to remain within their budget at year-end. General Recreation and Cultural Services Direct program expenditures total $743K or 74.9% of the total annual budget of $993K not including indirect costs. Including indirect administration costs, recreation expenditures total $l.OM and are 78.4% of the total annual budget of $1.3M. Recreation fees total $711K and are 119.4% of the total annual budget of $595K. Recreation fees have recovered 95.6% of direct program costs and is 35.7% above the annual budgeted recovery ratio of59.9%. General Recreation showed an increase of $140K from year-to-date 2007 and this is due to Spring/Summer Camps attendance doubling from 2007 to 2008 due to increase publicity (80-100 children in 2007 to avg. 170 children per week in 2008). Considering indirect administration costs, the recovery ratio is reduced to 68.9% or 23.7% above the annual budgeted recovery ratio of 45.2%. The table below is a comparison of budgeted versus actual subsidy and recovery ratio by program. RECREATION, CULTURAL SERVICES, COMMUNITY CENTER AND DUMAS BAY CENTRE PERFORMANCE 'Y82IT ioDate Through October 200tI Bud aet Actual .. Recovety Recovery Variance Program Revenue Expend Subsidy Ratio Revenue Expend Subsidy Ratio Subsidy GENERAL RECREAll0N Steel Lake Aquatics 2,000 20,360 18,360 9.8% 20,081 - nla nls Arts & Special Events 93,000 284,900 191,900 32.6% 156,117 172,507 16,390 90.5% 175,509 youth Athletics 42,450 178,612 136,162 23.8% 31,073 63,273 32,200 49.1% 103,961 Adult Athletics 203,875 143,070 (60,805) 142.5% 137,895 98,602 (39,293) 139.8% (21,512 Community Recreation 124,000 147,313 23,313 84.2% 291,270 197,522 (93,748) 147.5% 117,061 Recreation Inc 48,850 63,966 15,116 76.4% 49,052 67,250 18,197 72.9% (3,081 Youth Commission 500 1,800 1,300 27.8% 517 343 (175) 151.1% 1,475 Red, White & Blue' 21,500 41,550 20,050 51.7% 15,309 45,904 30,595 nla (10,545) Senior Services 58,740 111,227 52,487 52.8% 29,389 77,948 48,559 37.7% 3,928 Subtotal $ 694,916 $ 992,797 $ 397,882 69.9% $ 710,623 $ 743,429 $ 32,806 96.6% $ 386,076 Administration - 322,914 322,914 nIa - 288,027 288,027 nla 34,887 ! TOTAL GENERAL RECREATION ~ $ 694,916 I $ 1,316,711 1$ 720,796 I ! TOTAL FW COMMUNITY CENTER 1$ 1,663,407 I $ 1,901,761 1$ 238,364 I 46.2%1 $ 710,623 i $ 1,031,466 i $320,833 I 876%1 $ 1,174,237 i $ 1,638,416 i $ 464,178 i 68.9%i $399,963 I 71.7%i ($226,824~ DUMAS BAY CENTRE Dumas Bay Centre 634,711 643,413 8,702. I 98.6% 416,161 467,059 50,899 89.1% {42,197 Knutzen Family Theatre 77,955 210,939 132,984'. I 37.0% 76,816 232,259 155,443 33.1% (22,459 ! TOTAL DUMAS BAY CENTRE Arts Commission GRAND TOTAL Knutzen Family Theatre revenues and expenditures are both above budget while Dumas Bay Center revenues and expenditures are below budget. Dumas Bav Centre Dumas Bay Centre operating revenue of$416K is below by $141K or 25% compared to year to date budget of$557K. The negative variance in revenues is due to decrease in overnight rentals in 2008 compared to 2007. Operating expenditures through October total $467K, which is $82K or 15% below the year to date budget of $549K. Part of the savings is due to shifting of staff from Dumas Bay to Knutzen Family Theatre. Dumas Bay Centre has recovered 89.1% of its operating expenses. Ending fund balance for DBC is a negative $127K, which includes deferred maintenance. Knutzen F amilv Theatre Operating revenue of $77K is above year to date budget of $61 K by $15K or 25%. Operating expenditures through October total $232K, which is $83K or 55% above the year to date budget of$150K. The increase in expenditures is due to shifting 0.25 FTE from Dumas Bay to Knutzen Family Theatre. The request to move the 0.25 FTE was made in December of2007 and this retroactively decreased overall expenditure from Dumas Bay for the entire year in December 2007. Knutzen Theatre has recovered 33.1 % of its operating expenses. KFT ending fund balance is a positive $55K, which includes deferred maintenance. 146 Other Departmental Variances City Council year-to-date expenditures total $350K is $35K above estimates due to timing of Association Dues. City Manager year-to-date expenditures of $1.3M is under year-to-date budget by $109K mainly due to salaries/benefits savings noted for the Assistant City Manager and Video Production. Economic Development year-to-date expenditures of $198K is below year-to-date by $88K mainly due to under-spending of _ one-time programs in 2008 based on 2007 spending patterns. Management Services year-to-date expenditures of $1. 7M is $85K above estimate. Based on 2007 spending patterns, the overage is due to overspending in Election services and other various line items. Law year-to-date expenditures total $l.1 M and is $58K below estimates mainly due to savings in onetime monies compared to 2007 spending patterns. CASH & INVESTMENTS Overall investment interest year-to-date through October 2007 compared to year-to-date through October 2008 decreased by $482K. The unfavorable variance is due to the decrease in interest rates for the overall market. The interest rates have decreased from October 2007 to October 2008 from 4.91% to 2.47%. The following table shows the in-house investment activity schedule and their related yields and comparison to benchmark. Per policy, the basis used by the City to determine whether market yields are being achieved is the range between the average 6- month US Treasury Bill (1.17) and the State Investment Pool (2.47%). The average portfolio yield is 2.53, which is slightly above the two benchmarks. Investment Schedule . October 2008 SettJeiiffitrt InVestmMt Maturity Yield to TVDe Date Par Amount Cost Date MaturitV US T-BOND 912828LP/GP9 08110/07 $1 000,000 1,012,723 4130/2009 4.50% Subtotal In-House Investments $1,000,000 1,012,723 Averaae Maturitv 15 Averaae Yield to Maturitv 4.50% Averaae Yield - 6 mo. T-BiII 1.17% State Investment Pool 58173737 1 dav 2.47% Average Portfolio Maturity & Yield 1 2.53% Totallnvesbnents 59,186,460 . The total invested balance at the end of October is $59.19M, which includes $58.17M in the state investment pool, and $1.0 I M in-house investment purchases. The state pool is composed of Agency Callables (0.59%), repurchase agreements (0.03%), Treasury Securities (0.16%) agency coupons (7.37%), interest bearing bank deposit (11.13%), agency floating rate notes (29.05%), agency variable rate notes (8.43%), discount notes (34.49%) and certificates of deposit (8.75%). The City's total investment portfolio is made up of98% State Pool, and 2% In-House Investments. SIP Average Invested Balance by Type October 2008 Interest Rates Comparison For the Month of October 2008 IB Bank Deposits 6.45% 6.0% 5.0% 3.0% . 6 Month T-BiII . State Inwstment Pool Din-house Inwstment . Portfolio Awrage 4.0% 2.0% Oscount Notes 39.67% 1.0% 0.0% 2003 2004 2005 2006 2007 2008 147 COUNCIL MEETING DATE: December 2, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VOUCHERS POLICY QUESTION: Should the City approve the vouchers in the total amount of$2,408, 798.57 COMMITTEE: Finance, Economic Development, and Regional Affairs Committee MEETING DATE: November 25, 2008 CA TEGORY: [8] Consent 0 Ordinance o City Council Business 0 Resolution ~!A~~_!!!~~RT B~~__!ho Kraus, Finance_Dir~____. o Public Hearing D Other DEPT: Finance I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washington, and that I am authorized to authenticate and certify said liens. ~ Finance Director Attachments: Voucher List Options Considered: NA STAFF RECOMMENDATION: NA CITY MANAGER ApPROVAL: DIRECTOR APPROVAL: ~ ~ Committee Council COMMITTEE RECOMMENDATION: "f move approval of the vouchers and forward to the December 2, 2008 Council Meeting for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "f move approval of the vouchers pursuant to RCW 42.24. " COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 148 City of Federal Way - Accounts Payable Check List Bank of America Page 1 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 207682 10/31/2008 010820 A-1 ALTERATIONS, 85.00 9/12/2008 09/12/08 PD-JUMPSUIT ALTERATIONS 85.00 207683 10/31/2008 000083 AARO INC DBA THE LOCK SHOP. 26.43 10/10/2008 60166 PD-DUPLlCA TE KEYS 26.43 207684 10/31/2008 000664 ACAP CHILD & FAMILY SERVICES, 1,500.00 10/21/2008 3RD aTR 2008 CDHS-AG07-D55 APPLE PARENTING- 1,500.00 207685 10/31/2008 009739 ACTION GATE SERVICE LLC, 597.52 10/11/2008 4447 PO-ENTRY GATE REPAIRS 597.52 207686 10/31/2008 001856 ACTION SERVICES CORPORATION, 10,348.35 9/30/2008 60763 PWST-AG07-D02 STREET SWEEPING- 10,348.35 207687 10/31/2008 009404 AEGIS LEGAL SERVICES LLC, 1,000.00 10/3/2008 159 CM-CONFLlCT DEFENDER SVC- 250.00 10/24/2008 110 CM-CONFLlCT DEFENDER SVC- 500.00 10/10/2008 162 CM-CONFLlCT DEFENDER SVC- 250.00 207688 10/31/2008, 000568 AGRI SHOP INC, 110.80 9/25/2008 403329 PKM-HARNESS AND HOOKS FOR 16.18 10/8/2008 404735 SWM-OTHER SHOP SUPPLIES; REPAI 94.62 207689 10/31/2008 000475 ALARM CENTERS/CUSTOM SECURITY, 75.00 10/20/2008 615030 CHB-11/08-1/09 ALARM MNTR SVC- 75.00 207690 10/31/2008 003473 ALBERTSON'S #496, 310.00 10/9/2008 OCT 9, 2008 SWR-SHOPPING BAG COUPON REDEMP 310.00 207691 10/31/2008 009764 ALL ACCESS PRINTING & MAILING, 637.65 10/3/2008 14621 MSHR-BUSINESS CARDS 637.65 207692 10/31/2008 001285 ALPINE PRODUCTS INC, 40.14 10n/2008 TM-96018 PWST-STREET BROOM 40.14 207693 10/31/2008 005287 AMERICALL COMMUNICATIONS &, 111.95 10/21/2008 06416-1008 SWM-AFTER HR CALL-OUT SVC COST 55.98 10/21/2008 06416-1008 SWM-AFTER HR CALL-OUT SVC COST 55.97 207694 10/31/2008 003645 AMERICAN JANITORIAL SVCS INC, 5,520.07 10/8/2008 5509 PARKS-AG04-009:9/08 DBC- 4,304.07 1018/2008 5510 PARKS-AG04-009:9/08 KFT JNTRL 776.00 10/8/2008 5511 PARKS-AG04-009:(9/08)PKM JNTRL 440.00 207695 10/31/2008 010795 ANDERSON, SANDRA 180.00 10/15/2008 AUGUST 2008 FWCC-AG08-069 FITNESS TRNG SVC 72.00 10/15/2008 SEPTEMBER 2008 FWCC-AG08-069 FITNESS TRNG SVC 108.00 207696 10/31/2008 010530 ARAMARK UNIFORM SERVICES, 73.58 10/6/2008 512-4247885 FWCC-FLOOR MATS SVC 73.58 207697 10/31/2008 007158 ARCHIVES NORTHWEST LLC, 383.97 9/30/2008 0003297 PD-9/08 STORAGE FEE 383.97 207698 10/31/2008 008135 ARCMATE MANUFACTURING CORP, 52.95 9/17/2008 53216 FWCC-MAINT/REPAIR MATERIAL 52.95 207699 10/31/2008 001233 AT&T BUSINESS SERVICE, 64.74 10/6/2008 0305983151 001 MSTEL-LONG DISTANCE SVC- 32.37 10/6/2008 0305983151 001 MSTEL-LONG DISTANCE SVC- 29.78 10/6/2008 0305983151 001 MSTEL-LONG DISTANCE SVC- 2.59 207700 10/31/2008 005587 AVAYA INC, 1,692.91 10/4/2008 2727934061 MIS-(9/08) PBX MAINT 998.82 10/4/2008 2727934061 MIS-(9/08) PBX MAINT 626.38 10/4/2008 2727934061 MIS-(9/08) PBX MAINT 67.71 207701 10/31/2008 007686 B&H PHOTO & VIDEO INC., 2,149.00 9/25/2008 240698260-33943964 CM - CAMERA LIGHT KIT- 1,790.00 9/25/2008 240698260-33943964 CM - CAMERA CASE- 235.00 9/25/2008 240698260-33943964 CM - SPARE LAMPS FOR LIGHT KIT 56.00 9/25/2008 240698260-33943964 CM - SPARE LAMPS FOR LIGHT KIT 48.00 9/25/2008 240698260-33943964 CM - SPARE LAMPS FOR LIGHT KIT 20.00 207702 10/31/2008 002386 BANHEGYI, SUSAN 520.00 9/29/2008 09/29/08 MC-INTERPRETER SVCS 520.00 207703 10/31/2008 000792 BARRY'S TRUCKING & LANDSCAPING, 1,885.70 10/21/2008 289666 PKM-10/08-356TH PK LT. 348TH, 1,613.20 10/21/2008 289667 PKM-10/08-356TH PK LT, 348TH, 272.50 149 Bank of America Page 2 of 34 Check No. Date Vendor Inv Date Invoice Desaiption Amount Check Total 207704 10/31/2008 004375 BAUDVILLE INC. 241.93 10/15/2008 1888100 MSC-CERTIFICATE PAPER 32.94 10/8/2008 1885580 PO-VOLUNTEER HOLIDAY NOTE-IT G 208.99 207705 1013112008 007336 BETHEL LUTHERAN CHURCH. 149.72 10/13/2008 28034 DBC-DAMAGE DEPOSIT REFUND 149.72 207706 10/31/2008 008385 BIG BROTHERS BIG SISTERS OF, 3,662.00 10/14/2008 3RD QTR 2008 CDHS-AG08-116 BIG BROTHER/SIST 3.662.00 207707 10/3112008 011064 BIOGROUPUSA, INC. 294.30 8/14/2008 FED81408 SVVR-FOOD SCRAP COMPOST ABLE BAG 294.30 207708 1013112008 010185 BIRD. FERESIKA S 80.00 10/1712008 10/17/08 MC-INTERPRETER SVCS 80.00 207709 10/31/2008 002645 BIRTH TO THREE DEVELOPMENT CTR. 5,250.00 10/21/2008 3RD QTR 2008 CDHS-AG07-073 FAMILY SVCS PROG 5.250.00 207710 10/31/2008 011070 BLANCHETTE.RENEA 453.44 9/5/2008 201304 PRCS-CAMP VVRINKLE T-SHIRTS 453.44 207711 10/3112008 001630 BLUMENTHAL UNIFORM CO INC. 205.69 10/3/2008 702545 STIEBEN- PANTS 65.29 10/10/2008 702051-80 -CREDIT- MESHKOFF- ATAC BOOTS -100.00 10/14/2008 692909-80 -CREDIT- STIEBEN- PANTS -32.65 10/17/2008 700333 *OC- PEPPER SPRAY 273.05 207712 10/3112008 004919 BRATWEAR, 1,120.38 8/19/2008 312858 PO-JUMPSUIT REPAIRS LEFEBVRE 112.61 10/6/2008 312966 PO-WINTER JUMPSUITS- 973.77 10/10/2008 313183 PD-TASER INSERT MATTSON 34.00 207713 10/31/2008 004866 BRIM TRACTOR COMPANY INC. 378.61 10/8/2008 IL 19847 MSFL T-REPAIR/MAINT SVCS 56.04 10/8/2008 1L19878 MSFLT-REPAlRIMAINT SVCS 11.34 10/2/2008 IE08602 MSFL T-REPAIRIMAINT SVCS 311.23 207714 10/31/2008 007375 BROWN AND CALDWELL, 1,426.25 10/13/2008 1489729 SWM-AG06-031 LAKES OUTLET IMPR 1.426.25 207715 10/3112008 010464 BUSTER, JOHN 945.00 10/14/2008 BUSTER 2008 PO-TUITION REIMB J BUSTER 945.00 207716 10/3112008 003093 CASCADE COMPUTER MAINTENANCE. 1,081.28 10/9/2008 9140640 MSDP-(11/08) PRINTER MAINTENAN 54.06 10/9/2008 9140640 MSDP-(11/08) PRINTER MAINTENAN 594.70 10/9/2008 9140640 MSDP-(11/08) PRINTER MAINTENAN 432.52 207717 10/3112008 011081 CASE POWER & EQUIPMENT. 140.69 10/3/2008 E61114 MSFL T -SKY HOOK 98.05 1017/2008 E61124 MSFL T -FUEL GAUGE, ORING 250.43 1017/2008 E61224 MSFLT-VEHICLE MAINT -239.95 9/24/2008 E60847 MSFL T -GREASE 32.16 207718 10/31/2008 001003 CATHOLIC COMMUNITY SERVICES. 1,160.09 10/9/2008 3RD QTR 2008 CDHS-AG07-049 AFTER HOURS HOUS 490.52 10/9/2008 3RD QTR 2008 CDHS-AG07-049 AFTER HOURS HOUS 669.57 207719 10/31/2008 010954 CEDAR GROVE ORGANICS RECYCLING, 22.95 9/30/2008 14881 SVVR-RECYCLlNG CONTAINERS; 96 G 22.95 207720 10/31/2008 011076 CENTER FOR SPIRITUAL LIVING. 150.00 10/13/2008 28033 DBC-DAMAGE DEPOSIT REFUND 150.00 207721 10/31/2008 007368 CHIEF SUPPLY CORPORATION, 20.00 10/9/2008 227985 PO-BARRICADE TAPE 20.00 207722 10/31/2008 005657 CHOICEPOINT BUSINESS AND. 70.00 9/30/2008 ABOO01876029 PD-(9/08) AUTO TRACKXP SVCS 70.00 207723 10/31/2008 008426 CHRISTIAN FAITH CENTER, 759.00 10110/2008 02-57019 REFUND CDS-02-57019 CFC WETLANDS REVI 759.00 207724 10/31/2008 004838 CITY OF ENUMCLAW. 1,925.00 10/6/2008 02320 PD-(9/08) PRISONER LODGING 1.925.00 207725 10/31/2008 000951 CITY OF FEDERAL WAY. 647.85 1017/2008 37759 PARK-AG08-121 PO GENERATOR INS 647.85 207726 10/31/2008 010360 CITY OF FEDERAL WAY. 2.761.51 10/13/2008 CK #1072 PO-NAFTO CONF. SHUPP 145.00 10/13/2008 CK #1072 PD-NAFTO CONF. SHUPP 275.28 10/14/2008 CK #1073 PD- SPILLMAN USER CONF. ELLENB 90.00 150 Bank of America Page 3 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/14/2008 CK #1073 PD- SPILLMAN USER CONF. ElLENB 658.00 10/1512008 CK #1076 PD-COPS EXPO GREGORY 175.00 10/15/2008 CK #1076 PD-COPS EXPO GREGORY 432.69 10/21/2008 CK #1081 PD-LEIRA CONF. PARKER 55.00 10/21/2008 CK#1081 PD-LEIRA CONF. PARKER 182.54 10/20/2008 CK #1074 PO-SPILLMAN USER CONF. SCHROCK 90.00 10/20/2008 CK #1074 PO-SPilLMAN USER CONF. SCHROCK 658.00 207727 10/31/2008 004783 CITY OF RENTON, 18,125.00 10/23/2008 16625 MS-SCORE PROP. DUE DILIGENCE 18,125.00 207728 10/31/2008 010554 CLARKE, HEATHER 375.00 9/30/2008 27 CM/INFO - PROFESSIONAL WRITING 375.00 207729 10/31/2008 003752 COASTWlDE SUPPLY DBA, 725.02 10/8/2008 T1975124-1 CHB-JANITORIAL SUPPLIES 64.88 8/27/2008 W1966765-1 FVVCC-JANITORIAL SUPPLIES 23.29 9/17/2008 W1975824 f\M:;C-JANITORIAL SUPPLIES 636.85 207730 10/31/2008 001127 COMMUNITY HEALTH CENTERS, 7,012.25 101712008 3RD QTR 2008 CDBG-CDBG COMMUNITY HEAL TH- 3,037.25 10/8/2008 3RD QTR 2008 CDHS-AG07-050 CHCKC DENTAL CAR 3,975.00 207731 10/3112008 008907 CONSEJO COUNSELING &, 1,250.00 10/21/2008 3RD QTR 2008 CDHS-AG07-048 DOMESTIC VIOLENC 1,250.00 207732 10/31/2008 008445 COPIERS NORTHVVEST INC, 2,082.42 10/14/2008 46167 MIS-COPIERITONER SUPPLIES 9.04 10/14/2008 46167 MIS-COPIERITONER SUPPLIES 90.36 10/14/2008 46167 MIS-COPIERlTONER SUPPLIES 81.32 10/15/2008 46158 MIS-COPIERlTONER SUPPLIES 16.88 10/15/2008 46158 MIS-COPIERITONER SUPPLIES 168.84 10/15/2008 46158 MIS-COPIERITONER SUPPLIES 151.96 101712008 46044 MIS-COPIERITONER SUPPLIES 61.32 101712008 46044 MIS-COPIERITONER SUPPLIES 613.17 10f712008 46044 MIS-COPIERITONER SUPPLIES 551.85 10/6/2008 45993 MIS-COPIERITONER SUPPLIES 16.88 10/6/2008 45993 MIS-COPIERlTONER SUPPLIES 168.84 10/6/2008 45993 MIS-COPIERITONER SUPPLIES 151.96 207733 10/31/2008 000721 CORLISS RESOURCES INC, 882.24 9/22/2008 192885 SWM-DASH PT RD GRAVEL 245.02 9/15/2008 192089 SWM-N. YARD QUARRY P/UP 117.60 10/15/2008 195458 PWST-CRUSHED GRAVEL 6TH AVE SW 262.13 10/13/2008 195272 PWAD-FWCC GENERATOR PAD GRAVEL 257.49 207734 10/31/2008 011066 CREATIVE IDEAS, 2,862.33 10/6/2008 28662 CM/INFO - FEDERAL WAY LAPEL PI 2,862.33 207735 10/3112008 010978 CUSTOM MECHANICAL SOLUTIONS, 2,633.26 9/15/2008 108-1103-1 FWCC-REPAIR PARTS FOR POOL FAN 2,197.26 9/15/2008 108-1103-4 FWCC-REPAlR PARTS FOR POOL FAN 436.00 207736 10/31/2008 010015 CUTHBERT, GAIL 768.00 10/21/2008 SEPTEMBER 2008 FWCC-AG07-085 FITNESS TRAINING 768.00 207737 10/31/2008 004620 CUTTING EDGE TRAINING LLC, 209.00 10/8/2008 OCTOBER 8, 2008 PD-COMBA TIVE TRNG M. JOHNSON 209.00 207738 10/31/2008 000854 OJ TROPHY, 364.06 9/11/2008 00224607 PRCS-STAFF UNIFORMS FOR FWCC P 364.06 207739 10/31/2008 007397 DAVID A CLARK ARCHITECTS PLLC, 3,758.88 10/14/2008 409 PARK-AG08-113 STLK BRICK HOUSE 3,758.88 207740 10/31/2008 701985 DAWN, 5,000.00 10/6/2008 3RD QTR 2008 CDHS-AG07-057 HOUSING PROGRAM- 4,250.00 101712008 3RD QTR 2008 CDHS-AG07-056 LATINA COMM. ADV 750.00 207741 10/31/2008 003033 DESIGN PLUS, 4,223.75 10/13/2008 8060 GAC - New Chambers Podium 348.75 10/13/2008 8060 GAC - New Chambers Podium 3,875.00 207742 10/31/2008 004461 DESTINATION HARLEY-DAVIDSON, 8,189.85 10/23/2008 96016533 PD-10K SERVICE, 0 RING, SEAL 657.38 8/26/2008 96012239 PD-CLUTCH LEVER, STAND SPRING 90.83 9/23/2008 96019597 PD-10K SERVICE, OLF, ADJUSTME 1,044.62 9/23/2008 96019597 PD-10K SERVICE, OLF, ADJUSTME 284.62 151 Bank of America Page 4 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/24/2008 96019974 PD-CLUTCH REPlC 604.65 9/612008 96015328 PD-CLUTCH, BREAKS, ROTORS 2,855.24 10/7/2008 96022829 PD-ClUTCH REPAIRS 74.90 10/2/2008 96021865 PO-REPAIR BRAKES, CLUTCH 153.54 10/18/2008 990054705 PO-OlF, INSPECTION 885.59 10/18/2008 990054706 PO-REPAIR BRAKE lEVER, OlF, BR 1,281.76 10/18/2008 990054706 PO-REPAIR BRAKE lEVER, OlF, BR 256.72 207743 10/31/2008 005922 DEX MEDIA WEST, 527.90 10/26/2008 103090420 DBC-10/08 DIRECTORY ADS 527.90 207744 10/31/2008 011072 DICKINSON, LUCAS 35.00 10/15/2008 OCTOBER 15,2008 MC-PHOTO FOR COURT ROOM 35.00 207745 10/31/2008 005341 DODD, ESCOLASTICA ROSA 673.18 10/17/2008 10/17/08 MC-INTERPRETER SVCS 174.47 10/14/2008 10/14/08 MC-INTERPRETER SVCS 174.57 10/10/2008 10/10/08 MC-INTERPRETER SVCS 124.57 10/21/2008 10/21/08 MC-INTERPRETER SVCS 199.57 207746 10/31/2008 009921 DORIS M WALKINS, ATTORNEY AT, 250.00 10/20/2008 OCTOBER 20, 2008 CM-CONFlICT DEFENDER SVC- 250.00 207747 10/31/2008 000939 OS WATERS OF AMERICA, lP, 352.65 10/1/2008 100829241125236027 PKKFT-BOTTlE WATER SERVICE 19.48 10/1/2008 100829241185236041 PKCP-BOTTlE WATER SVC 13.08 10/1/2008 100829241245236050 DBC-BOTTlE WATER SERVICE 192.01 10/1/2008 100829241345236069 FVVCC/PRCS-BOTTlE WATER SVC 40.07 10/1/2008 100829241345236069 FWCC/PRCS-BOTTlE WATER SVC 40.07 10/1/2008 100829241345236069 FWCC/PRCS-BOTTlE WATER SVC 47.94 207748 10/31/2008 007133 ECO-PAN llC, 154.07 9/30/2008 2008-13976 PW-NON SERVICED PANS RENTAL 77.04 9/30/2008 2008-13976 PW-NON SERVICED PANS RENTAL 77.03 207749 10/31/2008 010030 ECOLAB INC, 812.23 9/29/2008 7077654 FWCC-EVERPURE SCAlESTICK REPl 379.60 9/23/2008 7019872 FVVCC-SOllD POWERIBRllllANCE 432.63 207750 10/31/2008 004842 ElDERHEAl TH NORTHWEST, 3,000.00 10/15/2008 3RD aTR 2008 CDHS-AG08-100 CDBG ElDERCARE- 3,000.00 207751 10/31/2008 004344 EMERGENCY FEEDING PROGRAM, 1,950.00 10/10/2008 3RD aTR 2008 CDHS-AG07-061 EMERGENCY FEEDIN 1,950.00 207752 10/31/2008 000328 ERNIE'S FUel STOPS (DBA), 12,939.11 10/15/2008 0295193 PO FLEET VEHICLE FUEL CHARGES- 11,840.83 10/15/2008 0295193 PD-SIU VEHICLE FUEL APPROVED B 1,098.28 207753 10/31/2008 000328 ERNIE'S FUEL STOPS (DBA), 5,379.08 10/15/2008 0295192 MS flEET VEHICLE FUEl- APPROVE 5,379.08 207754 10/31/2008 002899 ESA ADOlFSON, 1,318.62 10/2/2008 82385 CD-RCPT 05-01103 GUMIRAN WETLA 1,318.62 10/2/2008 82385 CD-RCPT 05-01103 GUMIRAN WETLA 1,318.62 10/2/2008 82385 CD-RCPT 05-01103 GUMIRAN WETLA -1,318.62 207755 10/31/2008 006412 ESP PRINTING, 1,463.87 9/18/2008 124525 SWR-MAll PREP. FAll RECYCLING 1,463.87 207756 10/31/2008 008906 EVERGREEN SENIOR CLUB, 685.82 10/13/2008 3RD aTR 2008 CDHS-AG07-101 ETHNIC SENIOR SV 151.24 10/13/2008 3RD aTR 2008 CDHS-AG07-101 ETHNIC SENIOR SV 534.58 207757 10/31/2008 011016 FAllS CREEK RETREAT CENTER, 5,202.00 9/9/2008 2391 PRCS-WRINKlE RANCH TRIP- 2,295.00 9/9/2008 2392 PRCS-WRINKlE RANCH TRIP- 2,907.00 207758 10/31/2008 008647 FASTENAl, 15.08 9/26/2008 WAFED106145 SWM- WELDING WIRE FOR SHOP; IN 15.08 207759 10/31/2008 005820 FASTSIGNS, 852.72 9/24/2008 370-13341 PKM-"YOUR PARKS DEPARTMENT DOL 126.40 9/11/2008 370-13241 PKM-VISITORS ONLY SIGNSnNV#13 242.53 7/16/2008 370-12957 PKM-SPORTS FIELD RULES SIGNS/I 483.79 207760 10/31/2008 000217 FEDERAL EXPRESS CORPORATION, 56.35 9/26/2008 2-932-93446 FEDERAL EXPRESS DELIVER SVC 7.34 9/26/2008 2-932-93446 FEDERAL EXPRESS DELIVER SVC 7.16 9/2612008 2-932-93446 FEDERAl EXPRESS DELIVER SVC 16.74 152 Bank of America Page 5 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/1012008 2-949-34065 MS-PASSPORT DOCUMENT DELIVERY 16.74 10/17/2008 2-957-76570 MS-PASSPORT DOC DELIVERY 8.37 207761 10/31/2008 000229 FEDERAL WAY CHAMBER COMMERCE, 40.00 10/2/2008 8539 CC - OCTOBER CHAMBER LUNCHEON 40.00 207762 10/31/2008 000652 FEDERAL WAY COMMUNITY, 5,500.00 10/13/2008 3RD QTR 2008 CDHS-AG07-066 SHELTER/RENT ASS . 5,500.00 207763 10/31/2008 700146 FEDERAL WAY LITTLE LEAGUE INC, 8,000.00 10/15/2008 OCTOBER 15, 2008 PARKS-AG08-120 YOUTH SPORTS GR 8,000.00 207764 10/31/2008 007547 FEDERAL WAY SENIOR CENTER, 6,250.00 1013/2008 3RD QTR 2008 A CDHS-AG08-104 CDBG SENIOR SVCS 3,125.00 10/3/2008 3RD QTR 2008 CDHS-AG07-074 SR. NUTRITION PR 3,125.00 207765 10/31/2008 002664 FLEX-PLAN SERVICES INC, 221.80 9/30/2008 127209 MSHR-9/08 FLEX PLAN ADM SVCS 221.80 207766 10/31/2008 004366 FLOYD EQUIPMENT COMPANY DBA, 194.13 10/13/2008 60859 PWS-REPAIR AND MAINTNENANCE SE 152.02 10/14/2008 60882 PWS-REPAIR AND MAINTENANCE SUP 42.11 207767 10/31/2008 008860 FOOD SERVICES OF AMERICA, 942.66 10/3/2008 10032008 DBC-CATERING SUPPLIES -24.02 10/10/2008 9734234 DBC-CATERING SUPPLIES 966.68 207768 10/31/2008 001299 FORD GRAPHICS, 948.35 10/9/2008 03-320041 SWM-PRINTING SERVICES; DRAFT C 117 .42 10/9/2008 03-320041 SWM-PRINTING SERVICES; DRAFT C 117.42 10/2/2008 03-319187 PWTR-COPYING SERVICES; CITY CE 713.51 207769 10/31/2008 009882 FORREST, KATHLEEN A 1,500.00 10fi/2008 OCTOBER 17, 2008 CM-CONFlICT DEFENDER SVC- 1,500.00 207770 10/31/2008 010733 FOX LAWSON & ASSOCIATES LLC, 25,000.00 10n/2008 4929 MSHR-AG08-052 COMP/CLASS STUDY 25,000.00 207771 1 0/3112008 002870 FREEWAY TRAILER SALES INC, 17.60 10/13/2008 076145 MSFLT-VEHICLE REPAIRS/SUPPLIES 17.60 207772 10/31/2008 008755 FUSION, 1,250.00 10/21/2008 3RD QTR 2008 CDHS-AG07-072 TRANSITIONAL HOU 1,250.00 207773 10/31/2008 003118 GALLS INC, 1,113.77 10/3/2008 5959055901021 PO-TRAFFIC WAND 34.68 10/3/2008 5959433800010 PD-DBL CUFF CASE, BATON HOLDER 856.53 10/4/2008 5959433800028 PO-EXPANDABLE BATON HOLDER 222.56 207774 10/31/2008 004578 GENE'S TOWING INC, 17.44 6/12/2008 333541 PO-TOWING SVC BALANCE DUE 17.44 207775 10/31/2008 011094 GONZALES, ORALIA 72.00 10/24/2008 01-73333 PO-REFUND NSF PAYMENT.- 21.00 10/24/2008 01-73333 PO-REFUND NSF PAYMENT.- 21.00 10/24/2008 01-73333 PO-REFUND NSF PAYMENT.- 5.00 10/24/2008 01-73333 PO-REFUND NSF PAYMENT.- 25.00 207776 10/31/2008 010940 GOODYEAR WHOLESALE TIRE CNTR, 479.45 9/25/2008 125985 PO-NEW TIRES 239.62 10/9/2008 126341 MSFL T -NEW TIRES 239.83 207777 10/31/2008 011079 GRAHAM, JERRY 221.00 10/14/2008 01-67175 REFUND PW-01-67175 SHORT PLAT BOND RE 221.00 207778 10/31/2008 002547 GRAINGER INC, 315.21 9/25/2008 9741514591 FWCC-WlRE BRUSH 14.82 9/25/2008 9741993084 FWCC-PULL STATION COVER 86.94 9/26/2008 9742631337 FWCC-PULL STATION COVER 73.97 10/13/2008 9754171552 PWS-REAPIR AND MAINTENANCE SUP 72.15 10/22/2008 9750424633 CHB-COAT HOOK, PLIERS 67.33 207779 10/31/2008 008732 GREEN CULTURE, 346.00 10/24/2008 JUL Y 2008 SWR-RECYCLED PRODUCTS SUBSIDY; 346.00 207780 10/31/2008 011092 GREGORY, KRISTEN 176.29 10/15/2008 GREGORY 2008 PO-COPS WEST EXPO GREGORY 176,29 207781 10/31/2008 010106 GRETTE ASSOCIATES, 3,397.45 8/1/2008 28247 CD-RCPT #'''SPRING VALL Y PLAY 1,050,00 8/1/2008 28247 Co-RCPT #04-00815 SPRING VALL Y 1,050.00 8/1/2008 28247 CD-RCPT #04-00815 SPRING VALLE -1,050.00 8/1/2008 28247 CD-RCPT #04-00956 SPRING VALLE 2,347,45 153 Bank of America Page 6 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/112008 28247 CD-RCPT #04-00956 SPRING VAllE 2,347.45 81112008 28247 CD-RCPT #04-00956 SPRING VAllE -2,347.45 207782 10/31/2008 011086 GROTEFEND, ASHLEY 1.36 10/20/2008 521492 PRCS-CANCELATION BALANCE REFUN 1:36 207783 10/31/2008 010431 HERRERA,MATT 125.00 10/17/2008 HERRERA 2008 CD-APA CONF. HERRERA 25.00 10/17/2008 HERRERA 2008 CD-APA CONF. HERRERA 100.00 207784 10/31/2008 001487 HEVVLETT-PACKARD COMPANY, 3,924.00 10/6/2008 45003878 PO - SAFE CITY PC/MONITORS- 2,697.75 10/6/2008 45003878 PO - SAFE CITY PC/MONITORS- 1,226.25 207785 10/31/2008 010734 HOFFMAN CONSTRUCTION INC, 1,563.10 5/612008 AG08-Q58 RETAINAGE CD-AG08-058 lE RESIDENCE DEMO 1,563.10 207786 10/31/2008 011088 HOUGLAND, TERESA 150.00 10/20/2008 521494 PRCS-CLASS FEE REFUND 148.00 10/20/2008 521491 PRCS-CLASS FEE REFUND 2.00 207787 10/31/2008 009785 HOWARD, TODD 500.00 10/21/2008 068 CM-CONFLlCT DEFENDER SVC 500.00 207788 10/31/2008 001431 ICON MATERIALS INC, 597.05 10/14/2008 50-1212922 SWM-CONCRETE MIL TON WAY BERM 597.05 207789 1 0/3112008 000016 IKON OFFICE SOLUTIONS, 151.41 10/5/2008 5009473586 MSMD-(10/08}COPIES MAINT 7.57 10/5/2008 5009473586 MSMD-(10/0S}COPIES MAINT 90.85 10/5/2008 5009473586 MSMD-(10/08}COPIES MAINT 52.99 207790 10/31/2008 005757 INSTITUTE FOR FAMilY, 4,237.00 10/13/2008 3RD QTR 200S CDHS-AG08-OS2 CDBG FAMilY DEVE 3,487.00 10/10/200S 3RD QTR 2008 CDHS-AG07-059 PACT PROGRAM $3, 750.00 207791 10/31/2008 011069 IRON RIDGE, 393.00 9/30/2008 SEPTEMBER 30, 2008 PO-SWAT SHOTGUNS Al TERA TIONS 393.00 207792 10/31/2008 009717 JET CITY LABEl, 224.80 10fl/2008 34701 PO-THERMAL TRANSFER LABELS 224.80 207793 10/31/2008 011090 JOHNSON, PRESTON 45.00 10/20/2008 521496 PRCS-REFUND ClASS FEE 45.00 207794 10/31/2008 010838 JOHNSON, STEPHEN G 500.00 10/20/2008 OCTOBER 20, 2008 CM-CONFLlCT DEFENDER SVCS- 250.00 10fl/200S OCTOBER 7, 2008 CM-CONFLlCT DEFENDER SVCS- 250.00 207795 10/31/2008 005113 JUDICIAL CONFERENCE, 75.00 10/22/200S TANNER REGISTER MC-NEW COURT EMPLOY. CONF. K T 75.00 207796 10/31/2008 002679 KANG, SAI C 458.72 9/23/2008 09/23/08 MC-INTERPRETER SVCS 124.68 9/30/2008 09/30/08 MC-INTERPRETER SVCS 84.68 10fl/2008 10/07/08 MC-INTERPRETER SVCS 124.68 10/10/2008 10/10/08 MC-INTERPRETER SVCS 124.68 207797 10/31/2008 011093 KENT MUNICIPAL COURT, 365.43 10/1 012008 OCTOBER 10, 2008 MC-PHONIC EAR LISTENER 365.43 207798 10/31/2008 004770 KENYON D1SEND, PllC, 3,674.08 9/30/200S 10539 LAW-AG 07-082 lEGAL SERVICES- 3,402.41 9/30/2008 10540 LAW-AG 07-082 lEGAL SERVICES- 271.67 207799 10/31/2008 001259 KING COUNTY CRIME VICTIMS FUND, 1,890.19 10/13/2008 SEP 08 MSF-REMIT CRIME VICTIM FEES - 1,875.06 10/13/2008 SEP 08 MSF-REMIT LAW LIBRARY FEES 15.13 207800 10/31/2008 000125 KING COUNTY FINANCE DIVISION, 70,566.20 10/24/2008 1503818 PKM-lllEGAl DUMP DISPOSAUTICK 113.28 10/15/2008 1504979 PO-RED lGT CAMERA SIGNS -489.08 10/23/2008 1500685 PWT-(8/08) DISC INVSTGTN TRFFC 126.88 10/23/2008 1500685 PWT-8/08 DISC INVST TRFFC-COUN 2,916.35 10/23/2008 1500685 PWT-8/08 DISC INVST TRF-SIGNAG 5,376.47 10/23/2008 1500685 PWST-8/08 DISC INVST TRFC-348 2,624.54 10/23/2008 1500685 MIS-8/08 DISC INVST TRFC-SAFE 124.17 10/23/2008 1500685 CM-8/0S-DISC INVST TRIA THOLON 207.73 9/17/2008 1500681 PWT-8/08-DISC INVST TRFFC-UPS 765.50 9/17/2008 1500681 PWT-8/08-DISC INVST TRF-SR99 P 1,739.64 9/17/2008 1500681 PWST-8/08 DISC INVST TRFC-BANN 184.31 154 Bank of America Page 7 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 9/17/2008 1500681 PWST-8/08-DISC INVST RADAR SIG 403.90 10/15/2008 1504976 PWTR-9/08 SIGNAL SERVICElREPAI 54,168.37 10/15/2008 1504979 PO-RED LGT CAMERA SIGNS 1,895.40 10/15/2008 1504980 PWTR-(9/08)BSC SIGN/MRKNGS MTN 408.74 207801 10/31/2008 005568 KING COUNTY FLEET ADM DIVISION, 405.26 10/6/2008 204185 MSFlT-RPLCE BEARING & SPINDLE 343.79 10/6/2008 204185 PWST-SIGNAGE 61.47 207802 10/31/2008 009001 KING COUNTY METRO TRANSIT, 13,308.33 9/512008 145279 PWTR-CITY HALL AREA FLEXPASS- 10,806.43 9/512008 145279 PWTR-CITY HALL AREA flEX PASS- 2,501.90 207803 10/31/2008 000564 KING COUNTY PET LICENSE, 665.00 10/13/2008 SEP 08 MSF-9/08 REMIT KC PET FEES REM 665.00 207804 10/31/2008 003898 KING COUNTY RADIO, 15,941.73 9/20/2008 00415104 PO RR - PATROL CAR MOBILE RADI 2,561.83 9/20/2008 00415104 PO RR - PATROL CAR MOBILE RAOI 2,566.95 9/20/2008 00415104 PO RR - PATROL CAR MOBILE RAD 23.96 9/20/2008 00415104 PO RR - PATROL CAR MOBILE RA 739.28 9/20/2008 00415104 PO RR - PATROL CAR MOBILE RAO 123.21 9/20/2008 00415104 PO RR - PATROL CAR MOBilE RAD 508.27 9/20/2008 00415104 PO RR - PATROL CAR MOBILE RAD 102.68 9120/2008 00415104 PO RR - PATROL CAR MOBilE RAD 263.78 9/20/2008 00415104 PO RR - PATROL CAR MOBILE RAOI 138.54 9/20/2008 00415104 POLICE RADIO COMMUNICATIONS-1 65.40 9/20/2008 2008-09-20 MSTEL-RAOIO SERVICES - 8,082.28 9/15/2008 00415546 MSTEL-RADIO SERVICES - 198.65 9/15/2008 00415757 MSTEL-RADIO SERVICES - 144.35 9/15/2008 00415802 MSTEl-RADIO SERVICES - 144.35 9/1512008 00416143 MSTEL-RADIO SERVICES - 55.64 9/15/2008 00416144 MSTEL-RADIO SERVICES - 55.64 9/15/2008 00416145 MSTEL-RADIO SERVICES - 55.64 9/15/2008 00416242 MSTEL-RADIO SERVICES - 55.64 9/15/2008 00416246 MSTEL-RAOIO SERVICES - 55.64 207805 10/31/2008 003137 KING COUNTY TREASURY DIVISION, 421.80 10/3112008 292104901106 PARK-2007/2008 PROP TAX 183.33 10/31/2008 292104904308 PARK-2007/2008 PROP TAX 184.40 10/31/2008 292104915700 PARK-200612007/2008 PROP TAX 54.07 207806 10/31/2008 000201 KINKO'S INC, 685.62 10/6/2008 515100004845 PWAD-LAMINATES 26.16 10/20/2008 515100004879 PWEOC-CARBONLESS FORMS 659.46 207807 10/31/2008 005773 KOREAN VVOMEN'S ASSOCIATION, 1,500.00 10/16/2008 3RD QTR 2008 CDHS-AG07-052 KVVC WE ARE FAMIL 1,500.00 207808 1 0/3112008 000096 LAKEHAVEN UTILITY DISTRICT, 17,501.67 9/12/2008 3461301 PARKS-FVVCC-JUNE/JUL Y SEWER CHA 3,975.36 9/12/2008 3461301 PARKS-FVVCC-JUNElJUL Y WATER CHA 1,202.82 9/12/2008 3474201 PARKS-FVVCC-JUNElJUL Y WATER/lEA 1,916.67 9/12/2008 3474301 PARKS-FVVCC - JUNE/JULY WATER C 16.56 10/2/2008 101 PARKS-MNT OFF-JUl Y/AUG WATER C 137.04 10/212008 101 PARKS-MNT OFF-JUL Y/AUG SEWER C 174.70 10/10/2008 1941803 CM/ED - SYMPHONY PROJECT WATER 82.20 10/10/2008 1941803 CM/ED - SYMPHONY PROJECT SEWER 20.76 10/1012008 1946803 CMIED - SYMPHONY PROJECT WATER 16.56 10/10/2008 2049903 PARKS-FAC. JUL Y/AUG WATER CHAR 334.65 10/1012008 2832301 PARKS-FAC. JUL Y/AUG WATER CHAR 14.92 10/10/2008 2984001 PARKS-FAC. JUL Y/AUG WATER CHAR 17.76 10110/2008 3278301 PSWT-JUL Y/AUG WATER CHARGES 14.92 10/10/2008 3336101 PWST-JUL Y/AUG WATER CHARGES 1,271.52 10/10/2008 3364101 PSWT-JULY/AUG WATER CHARGES 595.66 10/10/2008 3488801 PWST-JULY/AUG WATER CHARGES 14.92 10/10/2008 460602 PARKS-FAC-JUL Y/AUG WATER CHARG 467.02 10110/2008 460602 PARKS-FAC.- JUL Y/AUG SEWER CHA 505.85 10/10/2008 482303 PWST -JUL Y/AUG WATER/SEWER CHAR 42.10 10/20/2008 2814401 PARKS-FAC- JUL Y/AUG WATER CHAR 1,372.50 10/20/2008 3033601 PARKS-FAC.- JUL Y/AUG WATER CHA 384.64 155 Bank of America Page 8 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/2012008 3088801 PWST-JUlY/AUG WATER CHARGES 132.19 10/20/2008 3200201 PWST-JUl Y/AUG WATER CHARGES 313.29 10120/2008 822402 PARKS-FAC-JUl Y/AUG WATER CHARG 2,302.14 10/20/2008 824102 PARKS-FAC. JUlY/AUG WATER CHAR 113.44 10/20/2008 824102 PARKS-FAC. JUl Y/AUG.SEWER CHAR 80.90 1012012008 888002 PARKS-FAC. JUl Y/AUG WATER CHAR 22.02 10/20/2008 888002 PARKS-FAC. JUL Y/AUG SEWER CHAR 29.71 10/2012008 888103 PARKS-MNT OFF. JUL Y/AUG WATER 52.06 10120/2008 888103 PARKS-MNT OFF. JUL Y/AUG SEWER 49.40 10/20/2008 888202 PARKS-FAC. SEWER CHARGE 20.76 10/2012008 888302 PARKS-FAC. JUlY/AUG WATER CHAR 16.34 10/2012008 896402 PARKS-FAC. JUL Y/AUG WATER CHAR 14.92 10/20/2008 899802 PARKS-ST LK-JUL Y/AUG WATER CHA 822.02 10/20/2008 899802 PARKS-ST LK- JUl Y/AUG SEWER CH 953.35 207809 10/31/2008 011083 LANCASTER, TAMMY 61.31 10/20/2008 521488 F\NCC-REFUND SEPT. FEE 61.31 207810 10/31/2008 004052 LEED, 319.77 10/1/2008 10010802 PO-HOLSTERS 319.77 207811 10/31/2008 003157 LES SCHWAB TIRE CTRS OF WA INC, 27.25 10/1412008 395779 MSFLT-TIRE REPAIR 27.25 207812 10/31/2008 011018 LErS ROLL INC. MOTOLlGHT, 1,370.00 9/312008 484507 PO-INSTALL LIGHTING, HARNESS 1,370.00 207813 10131/2008 011071 LIGHTING SOLUTIONS NW, 700.00 1017/2008 SEPTEMBER 2008 PKKFT-L1GHTING PLOT DRAVVlNG & 700.00 207814 10/31/2008 004594 L1M, VANNARA S 140.42 10/2112008 10/21/08 MC-INTERPRETER SVCS 140.42 207815 10/31/2008 009664 L1SITSYN, ANDREY 475.00 10/8/2008 02-63819 PW-02-63819 DRIVEWAY BOND REFU 504.00 10/8/2008 02-63819 PW-02-63819 DRIVEWAY BOND REFU -29.00 207816 10/31/2008 000630 LLOYD ENTERPRISES INC, 1,367.61 10/3/2008 124973 PWST-CONCRETE MIX 72.14 9/22/2008 124529 SWM-3-WAY TOPSOIL 114.45 9/19/2008 124776 SWM-3-WA Y TOPSOIUGRASS SEED 752.10 9/24/2008 124475 PW- TOPSOll,CONCRETE MIX,GRAVEL 109.23 9/24/2008 124475 PW- TOPSOIL,CONCRETE MIX,GRAVEL 45.01 9/23/2008 124562 PKMT-PRO-GRO BLEND 274.68 207817 1 0/31/2008 005339 LOWE'S HIW INC, 838.13 9/23/2008 02773 FWCC-DRlll,NUTS,BOL TS 128.88 9125/2008 01529 F\NCC-TAMPERPROOF PLATE 51.20 10/3/2008 23254 PKM-CHAINLlNK FENCE SUPPLIES 147.69 10/1/2008 19373 PKM-CHAINLlNK FENCE SUPPLIES 172.22 101712008 01959 MIS-SAFE CITY CAMERA INSTALL 121.91 1017/2008 02979 PWST-SWlVEL HD CSTR 14.08 10/1412008 02038 SWR-TRASH LINERS 88.16 10/1012008 14924 FWCC-PVC, SOL VENT,BRUSHING 22.14 10/9/2008 18863 PWST -NUTS/BOLTS -20.97 10/9/2008 02203 MIS-SAFE CITY CAMERA INSTALL 47.50 10/912008 02240 PWST-LOCK NUT & BOLT 9.44 10/15/2008 14414 SWM-GELL PHONE HOLDER 10.88 10/17/2008 15960 PO-PIN KEY 24.03 10/23/2008 02219 PWST-NUTS/BOL TS 20.97 207818 10/31/2008 005043 MACHINERY POWER & EQUIPMENT CO, 475.73 10/7/2008 32001660-0002 SWM-DOlER RENTAL CREDIT -75.07 9/26/2008 32001660-0001 SWM-DOlER RENTAL 550.80 207819 10/31/2008 009250 MACKEY ENTERPRISES, 902.50 10/8/2008 02-62751 PW-02-62751 DRIVEWAY BOND 824.00 10/8/2008 02-62751 PW-02-62751 DRIVEWAY BOND 78.50 207820 10/31/2008 009813 MADER, GARTH AND CHRISTINA 1,015.77 10/16/2008 02-67836 REFUND PW-02-67836 DRIVEWAY BOND 1,044.77 10/16/2008 02-67836 REFUND PW-02-67836 DRIVEWAY BOND -29.00 207821 10/31/2008 001004 MAILMEDIA DBA IMMEDIA, 5,503.45 10/2/2008 57282PA PRCS-VV1NTER REC BROCHURE 5,503.45 207822 10/31/2008 009433 MAKSIMOV, YURI 437.75 156 Bank of America Page 9 of 34 Check. No. Date Vendor Inv Date Invoice Description Amount Check Total 10/17/2008 10/17/08 MC-INTERPRETER SVCS 179.25 10/14/2008 10/14/08 MC-INTERPRETER SVCS 129.25 10/21/2008 10/21/08 MC-INTERPRETER SVCS 129.25 207823 10/31/2008 010915 MARTIN, KELSEY 29.20 10/10/2008 MARTIN 2008 PRCS-FooD FOR F-DUB 27.03 10/10/2008 MARTIN 2008 PRCS-MOVlE FOR F-DUB 2.17 207824 10/31/2008 004182 MCDONOUGH & SONS INC, 872.58 10/10/2008 159711 PARKSAG06-o27-PARKING LOT CLEA 59.45 10/10/2008 159711 PARKSAG06-027-PARKING LOT CLEA 429.60 10/1012008 159711 PARKSAG06-027-PARKING LOT ClEA 161.84 10/10/2008 159711 PARKSAG06-027-PARKING LOT CLEA 110.51 10/10/2008 159800 PARKSAG06-027-PARKING LOT CLEA 111.18 207825 10/31/2008 011073 MCGRUE, CASEY J. 35.00 10/27/2008 OCTOBER 15, 2008 MC-PHOTO FOR COURT LOBBY 35.00 207826 10/31/2008 010256 MCMASTER-CARR, 119.28 9/16/2008 99763359 F'NCC-LOCKING HANDLE, KEYS 83.32 9/24/2008 10822107 FVIICC-PULL,PUSH PLATE 35.96 207827 10131/2008 010592 MEIER ENTERPRISES, 370.00 10/2/2008 6008 CD-RCPT 04-000898 KWA SNR CITY 370.00 10/2/2008 6008 CD-RCPT 04-000898 KWA SNR CITY 370.00 10/2/2008 6008 CD-RCPT 04-000898 KWA SNR CITY -370.00 207828 10/31/2008 008503 METROGROUP CORP, 754.69 10/1512008 0517013-IN METROSEARCH ONLINE SERVICE ANN 754.69 207829 10/31/2008 004380 MICRO DATA BUSINESS FORMS, 3,654.76 9/30/2008 40555-84 PO-INFRACTION FORMS/CITATIONS 3,654.76 207830 10/3112008 001793 MICROFLEX INC, 263.08 10/22/2008 00018112 MSA- T AX AUDIT PROGRAM - 263.08 207831 10/31/2008 008029 MONTES DE OCA RICKS, MARIA 344.90 10/21/2008 10/21/08 MC-INTERPRETER SVCS 184.95 10/14/2008 10/14/08 MC-INTERPRETER SVCS 159.95 207832 10/31/2008 009848 MONTGOMERY, SARA 100.34 10/15/2008 MONTGOMERY 2008 PRCS-JOANNS PROJECT SUPPLIES F 5.60 10/15/2008 MONTGOMERY 2008 PRCS-JOANNS SUPPLIES FOR ceTOB 11.83 10/15/2008 MONTGOMERY 2008 PRCS-JOANNS SUPPLIES FOR aeTOB 29.26 10/15/2008 MONTGOMERY 2008 PRCS-ARCHIE MCPHEE UTENSILS 24.42 10/15/2008 MONTGOMERY 2008 PRCS-COSTCO FOR PROGRAM SNACK 8.75 10/15/2008 MONTGOMERY 2008 PRCS-Hi-MART FOR PROGRAM SNACK 11.56 10/15/2008 MONTGOMERY 2008 PRCS-WALMART CUPS FOR PROGRAM 3.27 10/15/2008 MONTGOMERY 2008 PRCS-JO-ANNS CRAFT SUPPLIES 5.65 207833 10/31/2008 000228 MULTI-SERVICE CENTER, 22,242.19 10/3/2008 3RD QTR 2008 CDHS-AG07-o58 ADULT LITERACY P 3,000.00 10/6/2008 3RD QTR 2008 CDHS-AG08-087 EMERGENCY FEEDIN 1,942.79 10/6/2008 3RD QTR 2008 A CDHS-AG07-o63 TRANSITIONAL HOU 9,150.00 10/6/2008 3RD QTR 2008 B CDHS-AG07-060 FOOD/CLOTHING BA 8,149.40 207834 10/31/2008 003566 NEAL, STEPHAN C 119.97 10/14/2008 NEAL 2008 PO-CLOTHING ALLOWANCE NEAL 119.97 207835 10/31/2008 000043 NEW LUMBER & HARDWARE COMPANY, 419.55 10/15/2008 231046 PW-SWM-RAGS 15.69 10/15/2008 231066 PW-SWM-OUTLET POWER STRIP 7.83 10/17/2008 231124 FVIICC-BA TTERIES, PLAY SAND 37.52 10/17/2008 231128 PWST-MISC SCREWS/BOLTS 10.89 10/19/2008 231164 FVIICC-MISC SUPPLIES 27.15 10/20/2008 231175 PWST-L1NCH PINS, HAMME RITE SPR 72.34 10/8/2008 230830 PARKS/PW-CONCRETE BLOCK SAFE C 3.00 10/6/2008 230765 PARS/MIS-SAFE CITY PROJECT SUP 146.18 10/8/2008 230830 PARKS/PW-CONCRETE BLOCK SAFE C 5.59 10/10/2008 230912 PWST-BIT, MISC SCEWS/BOL TS 9.06 10/9/2008 230898 PWST-VINYL, MISC SCREWS/BOLTS 13.69 10/3/2008 230682 PARKS-GRND MNT-RAGS, LUMBER 51.00 1 on /2008 230804 PARKS-GRND MNT-LUMBER, ST LAKE 19.61 207836 10/31/2008 000089 NEWS TRIBUNE, 1,660.70 9/14/2008 21950897A01 MSHR-9/14/08 EMPLOY AD 585.00 9/14/2008 S1362442100 MSHR-9/14/08 EMPLOY AD 371.35 157 Bank of America Page 10 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 917/2008 S1361789700 MSHR-9/7/08 EMPLOY AD 704.35 207837 10/3112008 000959 NORSTAR INDUSTRIES INC, 29.21 10/9/2008 42638 PWS-REPAIR AND MAINTENANCE SUP 29.21 207838 10/31/2008 001391 NORTH COAST ELECTRIC COMPANY, 189.33 9/912008 S2413578.001 FVVCC-ElECTRICAl SUPPLIES 112.82 9/17/2008 S2427029.001 FWCC-ElECTRICAl SUPPLIES 189.33 10/10/2008 S2475951.oo1 FWCC-ElECTRICAl SUPPLIES -112.82 207839 10/31/2008 000044 OGDEN, MURPHY, WALLACE, PllC. 950.00 10/17/2008 670268 MSC-6/08 HEX EAGLE MANOR PLAT- 950.00 207840 10/31/2008 007444 ORCA PACIFIC INC, 3,831.77 10/9/2008 036258 FWCC-POOl SUPPLIES 622.93 10/10/2008 036293 FVVCC-POOl SUPPLIES 749.57 9/18/2008 035982 FVVCC-POOLSUPPlIES 199.29 9/16/2008 035936 FWCC-POOl SUPPLIES 400.92 9/24/2008 036064 FVVCC-POOl SUPPLIES 314.87 9/23/2008 036024 FWCC-POOl SUPPLIES 283.78 101712008 036223 FVVCC-POOl SUPPLIES 456.40 10/2/2008 036174 FWCC-POOl SUPPLIES 314.87 9/30/2008 036121 FVVCC-POOl SUPPLIES 489.14 207841 10/31/2008 010266 ORION INDUSTRIES, 3,718.66 9/3012008 3RD QTR 2008 CDH8-AG08-098 HUD PROGRAM CDBG 3,718.66 207842 10/3112008 011077 OSTLUND. CODY E. 60.25 10/15/2008 CPl FEE REF,UND PD-03-61827 C OSTLUND REFUND C 18.00 10/15/2008 CPl FEE REFUND PD-03-61827 C OSTLUND REFUND C 5.00 10/15/2008 CPl FEE REFUND PD-03-61827 C OSTLUND REFUND C 18.00 10/15/2008 CPl FEE REFUND PD-03-61827 C OSTLUND REFUND C 19.25 207844 10/31/2008 000112 PACIFIC COAST FORD INC, 6,186.89 10/16/2008 FOCS157077 VEHICLE MAINTENANCE/REPAIRS 194.80 10/9/2008 FOCS156874 PSFl T-ElECTRICAl SERVICE 221.85 10/9/2008 FOCSl56874 PDFl T-BRAKE SERVICE 309.58 10/9/2008 FOCS156874 PDFlT-TIRES 51.69 10/10/2008 FOCS156616 PSFl T-WlPER BLADES 19.53 10/10/2008 FOCSl56616 PSFlT-ElECTRICAl SERVICE 477.90 10/10/2008 FOCS156616 PSFl T-lOF 47.36 10/10/2008 FOCSl56616 PSFl T-DRIVE SHAFT 101.80 10/10/2008 FOCS156942 PDFlT-WlPER BLADES 18.70 10/10/2008 FOCS156942 PDFL T- TRANSMISSION 58.53 10/10/2008 FOCSl56942 PDFlT-lOF 166.00 10/13/2008 FOCS156949 MSFl T-lOF 44.48 10/13/2008 FOCS156950 MSFL T-lOF 44.48 10/13/2008 FOCS156968 MSFL T-lOF 44.48 10/13/2008 FOCS156969 MSFl T -lOF 44.48 10/13/2008 FOCS 156982 PDFL T-lOF 43.20 10/13/2008 FOCS156982 PDFl T-BRAKE SERVICE 317 .30 10/13/2008 FOCS156988 PSFl T-ElECTRICAl SERVICE 30.72 10/1312008 FOCS 156993 PDFl T-lOF 151.28 10/13/2008 FOCS156993 PDFlT-WlPER BLADES 18.70 10/13/2008 FOCSl56993 PDFl T- TRANSMISSION 58.29 10/13/2008 FOCS156993 PDFl T-BRAKE SERVICE 342.42 10/13/2008 FOCS157004 PDFl T-BRAKE SERVICE 341.89 10/6/2008 FOCS156750 MSFlT-lOF 51.02 10/6/2008 FOCS156750 MSFl T-BRAKES SERVICE 255.15 10/612008 FOCS156750 MSFL T -BATTERY 115.05 10/6/2008 FOCS156827 PDFl T-TIRES 49.65 1017/2008 FOCS156742 MSFl T-SHOCKES 266.70 1 on /2008 FOCS156742 MSFlT-TIRE REPAIR 16.30 10/7/2008 FOCSl56742 MSFlT-HEATING/COOllNG SYSTEM R 96.77 10n/2008 FOCS156742 MSFl T-WlPER BLADES 16.98 10n/2008 FOCS156742 MSFl T -lOF 74.07 1017/2008 FOCS156742 MSFl T-BRAKE SERVICE 342.73 9/24/2008 FOCS 156508 PDFl T lOF VEHICLE MAINTENANCE 35.41 9/512008 FOCS155615 MSFLT-A1C COOLING SYSTEM REPAI 620.36 10/16/2008 FOCS157077 PDFl T-GAS/Oll 35.16 158 Bank of America Page 11 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/16/2008 FOCS157100 POFL T= LOF 39.95 10/16/2008 FOCS157102 POFLT- TIRE ROTATION 43.49 10/16/2008 FOCS157110 POFL T-LOF 39.95 10/16/2008 FOCS157116 POFl T-ELECTRICAL SERVICE 4.53 10/15/2008 FOCS157048 POFL T-MUFFLER REPAIR 9.07 10/15/2008 FOCS157080 POFL T- TIRES 63.06 10/21/2008 FOCS157194 POFLT-HEATING/COOLlNG SYSTEM R 34.01 10/21/2008 FOCS157194 POFL T-WlPER BLADES 19.53 10/21/2008 FOCS157224 POFL~BATTERYPARTS 4.53 10/22/2008 FOCS157198 POFLT-ELECTRICAL SERVICE 4.53 10/20/2008 FOCS157131 MSFLT-LOF 44.48 10/20/2008 FOCS157152 MSFL T-LOF 41.99 10/20/2008 FOeS 157155 MSFL T -LOF 35.41 10/20/2008 FOCS157201 POFLT-HEATING/COOLlNG SYSTEM R 72.55 1 0/20/2008 FOCS 157203 POFL T -AL TERNA TORS/GENERATORS 349.67 10/14/2008 FOCS 157000 MSFl T-LOF 88.09 10/14/2008 FOCS 157025 POFL T-TIRE REPAIR 39.13 10/14/2008 FOCS157028 POFLT-TIRE REPAIR 19.57 10/14/2008 FOCS 157041 MSFL T -LOF 44.49 10/14/2008 FOCS 157046 MSFL T-LOF 44 .48 10/14/2008 FOCS 157058 POFL T- TIRE REPAIR 19.57 207845 10/31/2008 006440 PAPE MACHINERY INC, 318.98 10/9/2008 2315703 MSFLT-REPAIR FUEL LEAK- 318.98 207846 10/31/2008 001814 PARAMETRIX INC, 117,673.18 10/8/2008 03-48304 PW-AG08-007 CITY CNTR ACCESS- 117,673.18 207847 10/31/2008 000885 PARKER PAINT MANUFACTURING CO, 162.37 10/2/2008 0222242841 COB-PAINT & PAINT SUPPLIES 80.08 10/8/2008 0222242942 COB-PAINT & PAINT SUPPLIES 21.01 10/13/2008 022242942 COB-PAINT & PAINT SUPPLIES 61.28 207848 10/31/2008 008844 PETTY CASH - WITNESS FEES, 639.41 10/16/2008 OCTOBER 17,2008 MC-REPLENISH JURY FUND 639.41 207849 10/31/2008 006241 PETTY CASH-POLICE OEPT, 498.13 10/28/2008 PO-1 0/28/08 PO-FOOO:LT UNION MEOIATION- 27.85 10/28/2008 PD-10/28/08 PO-TI-84 CALCULATOR FOR- 50.00 1 0/28/2008 PO-10/28/08 PO-SHUTTLE FEES FOR- 10.00 10/28/2008 PO-10/28/08 PO-REIMBURSEMENT FOR- 52.00 10/28/2008 PO-10/28/08 PO-REIMBURSEMENT FOR- 4.00 10/28/2008 PO-10/28/08 PO-COFFEE:VOLUNTEER- 72.19 10/28/2008 PO-10/28/08 PO-REIMB:PER DIEM ALLOWANCE- 75.00 10/28/2008 PO-10/28/08 PO-REIMBURSE FOR AOOTL- 0.80 10/28/2008 PO-10/28/08 PO-BOTTLED WATER FOR - 13.14 10/28/2008 PO-10/28/08 PO-MUMS FOR UNITED WAY- 30.22 10/28/2008 PO-10/28/08 PO-REIMB:PARKING FEES:TRAVEL- 68.93 10/28/2008 PD-1 0/28/08 PD-REIMB:SHUTTLE FEES- 8.00 1 0/28/2008 PD-10/28/08 PD-REIMB:AOOTL AIRLlNE- 30.00 10/28/2008 PD-10/28/08 PD-REIMB:SHUTTLE FEES- 22.00 10/28/2008 PD-10/28108 PD-REIMB FOR TAXI CAB FEES- 24.00 10/28/2008 PO-10/28/08 PO-REIMB FOR INTERNET CARO- 10.00 207850 10/31/2008 000697 PIERCE COUNTY BUDGET & FINANCE, 56.00 10/8/2008 C 97020 PKM-MATERIALS FOR TRAININGIWRI 16.00 10/8/2008 C 98427 SWM-VVORKSHOP FOR FEI TANG; "TI 40.00 207851 10/31/2008 003537 PIERCE COUNTY SECURITY INC, 1,275.00 10/6/2008 181350 PARKS-AG06-056 PARK CLOSING & 150.00 10/6/2008 181413 PARKS-AGOS-056 PARK CLOSING & 250.00 10/6/2008 181472 PARKS-AG06-056 PARK CLOSING & 150.00 10/6/2008 181522 PARKS-AG06-056 PARK CLOSING & 175.00 10/6/2008 181525 PARKS-AG06-056 PARK CLOSING & 150.00 10/6/2008 181578 PARKS-AG06-056 PARK CLOSING & 250.00 10/6/2008 181583 PARKS-AG06-056 PARK CLOSING & 150.00 207852 10/31/2008 009002 PIERCE TRANSIT, 153.67 10/7/2008 018655 PwrR-CITY HALL AREA FLEXPASS- 153.67 207853 10/31/2008 009791 PIRTEK KENT, 1,087.34 10/11/2008 S1242968.001 PWS-REPAIR AND MAINTENANCE SUP 1,087.34 159 Bank of America Page 12 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 207854 10/3112008 000808 PLATT ELECTRIC SUPPLY, 921.64 9/16/2008 3890379 FWCC-ELECTRICAL SUPPLIES 707.28 9/16/2008 3941699 fV\CC-ELECTRICAL SUPPLIES 82.84 10/6/2008 5053654 FWCC-ELECTRICAL SUPPLIES 131.52 207855 10/31/2008 004680 PON, KEITH 121.50- 10/21/2008 PON 2008 PO-REIMBURSE SUNGLASSES PON 121.50 207856 10/31/2008 001411 POSTAL EXPRESS INC, 8,537.32 9/3012008 BM28091004 CHIPS/MC-9/08-COURIER SVC 1,439.01 9/3012008 BM28091 004 CHIPS/MC-9/08-COURIER SVC 306.99 9/3012008 BM28091004 CHIPS/MC-9/08-COURIER SVC 172.68 9130/2008 BM28091004 CHIPS/MC-9108-POSTAGE CHRS 5,341.80 9/30/2008 BM28091 004 CHIPS/MC-9/08-POST AGE CH RS 360.76 9/30/2008 BM28091 004 CHIPS/MC-9/08-POSTAGE CHRS 916.08 207857 10/3112008 005583 PRAXAIR DISTRIBUTION INC, 21.79 9/23/2008 30905806 PKM-INELDING SUPPLlES/INV#30905 21.79 207858 10/31/2008 010647 PRECISION COLLISION, 6,882.43 9/24/2008 NO. 08-03-331-567 RM - Truck No. 356 - RM-PRK 1,151.13 9/18/2008 NO. 08-03-331-566 RM - Truck No. 228-1 - RM-PRK 2,043.42 10/2212008 NO. 08-03-331-565 Label- RM - Truck No. 104 - R 3,687.88 207859 10/31/2008 007511 PREGNANCY AID OF S. KING CNTY, 1,925.00 9/3012008 3RD OTR 2008 CDHS-AG07-140 PREGNANCY AID CF 1,125.00 9/30/2008 3RD OTR 2008 CDHS-AG07-140 PREGNANCY AID CF 800.00 207860 10/3112008 010845 PRIORITY PRINT MANAGEMENT INC, 255.91 10/17/2008 00025071 SWR-PRINTING SERVICES; FREE SH 179.85 9/29/2008 00024986 SWR-SPECIAL RECYCLING EVENT; M 76.06 207861 10/31/2008 005579 PSC, 539.30 9/23/2008 45518867 PW/SWMIPARK-WASHER SOLVENT 179.77 9/23/2008 45518867 PW/SWMIPARK-WASHER SOLVENT 179.77 9/2312008 45518867 PW/SWMlPARK-WASHER SOLVENT 179.76 207862 1013112008 000051 PUGET SOUND ENERGY INC, 45,690.92 9/30/2008 156-140-6750 PKM-9/08 GAS SVC HAUGE PROP. 27.60 10/17/2008 PARKS 200810 PKF-200810 SAC FIELD LIGHTS 8/ 6,001.69 10/17/2008 PARKS 2008 10 PKF-200810 1ST AVE & CAMPUS DR 30.83 10/17/2008 PARKS 2008 10 PKM-200810 2410 S 312TH BEACH 248.79 10/17/2008 PARKS 2008 10 PKM-200810 2410 S 312TH STORAG 11.44 10/17/2008 PARKS 200810 PKM-200810 2410 S 312TH WOODSH 85.82 10/17/2008 PARKS 2008 10 PKF-200810 2645 S 312TH ANX-RR 1,238.36 10/17/2008 PARKS 2008 10 PKF-200810 2410 S 312TH BRICK 64.45 10/17/2008 PARKS 2008 10 PKF-200810 2645 S 312TH SEINER 8.23 10/17/2008 PARKS 2008 10 PKF-200810 2700 SW340TH ALDER 7.35 10/17/2008 PARKS 200810 PKF-200810 28156 24TH PL HERIT 7.43 10/17/2008 PARKS 200810 PKF-200810 31104 28TH AVE S HA 12.53 10/17/2008 PARKS 200810 PKF-200810 31104 28TH AVE S HA 48.61 10/17/2008 PARKS 2008 10 PKM-200810 31132 28TH AVE STLK 298.48 10/17/2008 PARKS 2008 10 PKM-200810 31132 28TH AVE STLK 134.71 10/17/2008 PARKS 2008 10 PKF-200810 31207 28TH AVE PARK 7.35 10/1712008 PARKS 2008 10 DBC-200810 3200 DASH PT (67%)- 1,327.34 10/17/2008 PARKS 2008 10 PKKFT-200810 3200 DASH PT (33% 653.77 10/17/2008 PARKS 2008 10 DBC-200810 3200 DASH PT (67%)- 830.97 10/17/2008 PARKS 2008 10 PKKFT-200810 3200 DASH PT (33% 409.29 10/17/2008 PARKS 2008 10 PKF-200810 32730 17TH AVE ALOE 7.35 10/17/2008 PARKS 2008 10 CHB-200810 33325 8TH AVE S- 11,742.58 10/17/2008 PARKS 2008 10 PKF-200810 33914 19TH AVE SAG 4,694.59 10/17/2008 PARKS 2008 10 PKF-200810 34915 4TH AVE MARKX 11.64 10/17/2008 PARKS 2008 10 PKF-200810 34915 4TH AVE PAllS 7.35 10/17/2008 PARKS 200810 PKF-200810 600 S 333RD ST. EVI 426.65 10/17/2008 PARKS 200810 PKF-200810 600 S 333RD ST. EVI 109.30 10/17/2008 PARKS 2008 10 FVVCC-200810 876 S 333RD STREET 8,998.06 10/17/2008 PARKS 2008 10 FWCC-200810 876 S 333RD STREET 93.97 10/1712008 PARKS 200810 PKM-200810 876 S 333RD STREET 3,015.07 10/17/2008 PARKS 2008 10 PKCP-200810 S 324 TH BLOG A- 3,024.79 10/17/2008 PARKS 2008 10 PKCP-200810 S 324TH BLOG B- 27.84 10/17/2008 PARKS 2008 10 PKF-200810 7TH AVE HISTORICAL 7.45 160 Bank of America Page 13 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/17/2008 PARKS 2008 10 PKF-200810 7TH AVE HISTORICAL 1,581.77 10/17/2008 PARKS 200810 PKF-200810 21ST AVE SW LAKOTA 21.57 10/15/2008 250-275-0389 PWTR-9/05 106 SWCAMPUS DRIVE- 117.36 10/15/2008 004-919-1000 SWM-9/08 2101 S 324 STORAGE 348.54 207863 10/31/2008 008701 PUGET SOUND SERVICES, 4,500.00 10/1/2008 0242 . FWCC-OCT 2008 JANITORIAL 4,500.00 207864 10/31/2008 701353 PYUNG AN PRESBYTERIAN CHURCH, 352.00 10/1 0/2008 04-00735 REFUND CD-REFUND PREAPP. CANCELLED 352.00 207865 10/31/2008 000202 OVVEST, 2,922.46 10/4/2008 206-Z04-06909472B MSTEL-(9/08) PHONEIDATA SVC- 1,448.25 10/4/2008 206-Z04-o6909472B MSTEL-(9/08) PHONEIDATA SVC- 1,303.42 10/4/2008 206-Z04-06909 472B MSTEL-(9/08) PHONE/DATA SVC- 144.82 10/4/2008 253 835-0579 886R MC-(9/08) FAX MCHN CHRGS M MOR 25.97 207866 10/3112008 008264 R-4 PRINTING INC, 885.08 9/2312008 100233 MSF-PA YROLl ENVelOPES 118.81 9/1/2008 100123 MSHR-LETTERHEAD STOCK 98.10 9/212008 100208 MSF-NP ENVELOPES 215.82 9/4/2008 100124 MSHR-ENVELOPES 452.35 207867 10/31/2008 001139 RED WING SHOE STORE, 127.51 10/9/2008 8870000000008 COB-SAFETY BOOTS - M LEE 127.51 207868 10/31/2008 008932 REFUGEE WOMEN'S ALLIANCE, 1,250.00 10/8/2008 3RD OTR 2008 CDHS-AG07-080 FAMilY SUPPORT P 1,250.00 207869 10/31/2008 009297 ROTH HILL ENGINEERING PARTNERS, 8,938.59 10/9/2008 94447 SWM-AG07-166 10TH AVE TRUNK RE 8,938.59 207870 10/31/2008 001503 ROTO-ROOTER SERVICE CO, 281.22 9/212008 21814698717 F'NCC-lOCKER RM DRAIN BACKUP 281.22 207871 10/31/2008 005508 SAFAROVA-DOWNEY, ALMIRA 126.91 10/10/2008 10/10/08 MC-INTERPRETER SVCS 126.91 207872 10/31/2008 011097 SAFE CITY FEDERAL WAY, 127,000.00 10/13/2008 2157 MIS-AG08-122 SAFE CITY PROGRAM 127,000.00 207873 10/31/2008 003726 SAFEWA Y STORE #1555, 40.48 10/3/2008 1669433 PRCS-F DUB HAWAII NIGHT 4.94 10/3/2008 1669434 PRCS-F DUB HAWAII NIGHT 9.23 10/2/2008 1669431 PRCS-F DUB HAWAII NIGHT 26.31 207874 10/31/2008 004849 SAMS SANITARY & MAINTENANCE, 96.79 10/112008 8100015 PKF-JANITORIAL SUPPLIES 96.79 207875 10/31/2008 003174 SAN DIEGO POLICE EOUIPMENT CO, 12,779.82 9/24/2008 585991 PD-SWAT PRACTICE AMMO 12,779.82 207876 10/31/2008 011085 SANCHEZ MORENO, ELVIA 500.00 10/20/2008 521490 FWCC-RENTAL DEPOSIT REFUND 500.00 207877 10/31/2008 007949 SANDERS, ROBERT 110.03 10/15/2008 SANDERS-2008 PRCS-CASH & CARRY FOOD ITEMS F 62.96 10/15/2008 SANDERS-2008 PRCS-CASH & CARRY FOOD ITEMS F 47.07 207878 10/31/2008 700093 SCHMUCKER, SUSAN 67.50 10/20/2008 521495 PRCS- REFUND CLASS FEE 67.50 207879 10/31/2008 000351 SEATTLE TIMES, 16.00 10/14/2008 00909876 FVVCC-SEA TTLE TIMES SUBSCRIPT. 16.00 207880 10/31/2008 011101 SEATTLE UNIT 446 AMERICAN, 126.00 8/1212008 AUGUST 8, 2008 PRCS-BRIDGE TOURNAMENT 126.00 207881 10/31/2008 001213 SECOMA FENCE INC, 47.85 10/14/2008 7243 PKM-FENCING MATERIALS FOR FREN 47.85 207882 10/31/2008 010127 SEMESHCHUK, PETR 791.50 10/8/2008 02-63797 REFUND PW-02-63797 DRIV~WA Y BOND 820.50 10/8/2008 02-63797 REFUND PW-02-63797 DRIVEWAY BOND -29.00 207883 10/31/2008 001126 SENIOR SERVICES, 1,250.00 10/14/2008 3RD OTR 2008 CDHS-AG07-062 CONGREGATE MEALS 1,250.00 207884 10/31/2008 005340 SENIOR SERVICES OF SEATTLE, 255.44 10/15/2008 SEPTEMBER 2008 PRCS-SR MEAL PROGRAM, SEPTEMBE 255.44 207885 10/31/2008 001988 SERVICE LINEN SUPPLY, 113.14 10/13/2008 1013/9474 PRCS-L1NEN SERVICE 22.52 10/6/2008 1006/4219 PRCS-L1NEN SERVICE 28.43 5/26/2008 52616524 PRCS-L1NEN SERVICE 26.25 161 Bank of America Page 14 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 6/16/2008 616/3514 PRCS-lINEN SERVICE 35.94 207886 10/31/2008 010962 SHARP BUSINESS SYSTEMS, 25.89 10/6/2008 00100080 MSMD-COPIER RPR, MNT, SUP 25.89 207887 10/31/2008 001480 SHERVVlN-VVlLlIAMS CO, 115.94 9/412008 5228-3 CD-PAINT & PAINT SUPPLIES 21.78 9/19/2008 7019-1 CD-PAINT & PAINT SUPPLIES 14.80 10/8/2008 6620-0 FWCC-PAINT & PAINT SUPPLIES 12.30 10/8/2008 7750-1 CD-PAINT & PAINT SUPPLIES 67.06 207888 10/3112008 011020 SHULL, JANET 346.77 10/16/2008 SHULL 2008 CDS-WA APA CONF. J SHULL 346.77 207889 10/3112008 002683 SIX ROBBLEES' INC, 144.50 9/10/2008 1-644986 PD-NEWVEHICLE LED OVALS 144.50 207890 10/31/2008 011084 SNOW, TAMMY 102.64 10/20/2008 521489 FWCC-REFUND PASS WITHDRAWAL 51.32 10/20/2008 521502 FWCC-REFUND PASS WITHDRAWAL 51.32 207891 10/31/2008 011074 SNYDER, LARRY A 35.00 10/15/2008 OCTOBER 15, 2008 MC-PHOTO FOR COURT ROOM 35.00 207892 10/3112008 004963 SOUND PUBLISHING INC, 2,415.70 10/18/2008 128205B PWST-10/18/08 RFB STRT. SV\lEEPI 285.52 10/8/2008 125736A MSC-CITY BUDGET MTG NOTICE 474.00 10/11/2008 128205A PWST-10/11/08 RFB STRT. SV\lEEPI 285.52 10/15/2008 129429 CDPL-10/15 LEGAL NOTICES 109.59 10/15/2008 129433 CDPL-10/15 LEGAL NOTICES 119.69 10/15/2008 129438 CDPL-10/15 LEGAL NOTICES 124.01 10/15/2008 129469 CDPL-10/15 LEGAL NOTICES 126.90 10/15/2008 129477 CDPL-10/15 LEGAL NOTICES 126.90 9/612008 114445 MSHR-9/6/08 EMPLOY AD 143.00 9/13/2008 116957 MSHR-9/13/08 EMPLOY AD 114.40 9/27/2008 121553 CDPL-9/27 LEGAL NOTICES 125.48 9/27/2008 121555 CDPL-9/27 LEGAL NOTICES 73.54 10/4/2008 125440 CDPL-10/04 LEGAL NOTICES 99.50 10/4/2008 125510 CDPL-10/04 LEGAL NOTICES 149.97 10/1/2008 123565 CM/ED - ADVERTISING - CITY CT 57.68 207893 10/31/2008 007186 SPECIAL INTEREST TOWING, 185.30 10/11/2008 132830 PD- TOWING SVC 185.30 207894 10/31/2008 009766 SPORTSMAN'S WAREHOUSE, 463.15 10/27/2008 150-01313 FWCC-SAFETY CLOTHING 463.15 207895 10/3112008 700947 SPRING VALLEY MONTESSORI, 42.55 10/15/2008 04-00815 REFUND CD-08-102574 REFUND COMPLETE 42.55 207896 10/31/2008 004701 SPRINT, 450.00 10/112008 LCI-013583 PD-SUBPOENA COMPLIANCE TELECOM 450.00 207897 10/31/2008 008444 SQUAD-FITTERS INC, 11,063.19 9/29/2008 0155014-IN PD-NEW VEHICLE LED LIGHTS 5,937.13 9/19/2008 0154947-IN PO-NEW VEHICLE LEO LIGHTS 5,126.06 207898 10/3112008 010072 ST. VINCENT DE PAUL SOCIETY, 3,751.74 9/30/2008 3RD QTR 2008 COHS-AG07-Q53 ST. VINCENT DE P 3,751.74 207899 10/31/2008 003307 STERICYCLE INC, 11.14 9/30/2008 3000196799 PD-WASTE DISPOSAL FEES 11.14 207900 10/31/2008 009500 SUGIMURA. MIZU 35.00 10/15/2008 OCTOBER 15, 2008 MC-PHOTO FOR COURT ROOM 35.00 207901 10/31/2008 003896 SUMMIT LAW GROUP, 1,997.00 10/15/2008 39537 LAW-AG08-028 LEGAL SVC - EMPLO 1,997.00 207902 10/31/2008 007710 SUPERIOR LINEN SERVICE, 27.78 10/13/2008 00233 OBC-lINEN SERVICE 27.78 207903 10/31/2008 002521 SUPERLON PLASTICS INC, 144.50 9/22/2008 08F3959 S\NM- REPAIR AND MAINTENANCE SU 144.50 207904 10/31/2008 009523 SYSTEMS FOR PUBLIC SAFETY, 810.51 10/1/2008 11058 PO-STRIP OUT 380.80 10/1/2008 11091 PD-NMO REPLC VRM 195.76 10/6/2008 11109 PD-MAINT. K9 BOX 153.41 10/6/2008 11125 PO-SHOTGUN TIMER REPAIR 40.27 10/612008 11128 PO-REPLC REAR STROBE 40.27 162 Bank of America Page 15 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 207905 10/31/2008 009007 TACOMA GOODWILL INDUSTRIES, 329.43 10/13/2008 28031 DBC-REFUND DEPOSIT/OVERPAY 329.43 207906 10/31/2008 010946 TANNER, KRISTEN 226.00 10/2212008 TANNER 2008 MC-NEWCOURT EMPLOY. TRNG TANN 55.00 10/22/2008 TANNER 2008 MC-NEW COURT EMPLOY. TRNG TANN 171.00 207907 1 0/31/2008 003085 TECHNOLOGY INTEGRATION GROUP, 1,611.02 7/25/2008 2665560 ARCSERVE BACKUP FOR WINDOWS 1 6.35 7/25/2008 2665560 ARCSERVE BACKUP FOR WINDOWS 1 63.50 7/25/2008 2665560 ARCSERVE BACKUP FOR WINDOWS 1 57.15 7/25/2006 2665560 ARCSERVE BACKUP DISASTER RECOV 5.70 7/25/2006 2665560 ARCSERVE BACKUP DISASTER RECOV 57.00 7/25/2006 2665560 ARCSERVE BACKUP DISASTER RECOV 51.30 7/25/2008 2665560 ARCSERVE BACKUP OPEN FILE AGEN 26.20 7/25/2006 2665560 ARCSERVE BACKUP OPEN FILE AGEN 262.00 7/25/2008 2665560 ARCSERVE BACKUP OPEN FILE AGEN 235.80 7/25/2008 2665560 ARCSERVE BACKUP CLIENT AGENT F 22.55 7/25/2008 2665560 ARCSERVE BACKUP CLIENT AGENT F 225.50 7/25/2008 2665560 ARCSERVE BACKUP CLIENT AGENT F 202.95 7/25/2008 2665560 Sales Tax 5.47 7/25/2008 2665560 Sales Tax 54.72 7/25/2008 2665560 Sales Tax 49.25 10/14/2008 2690536 MIS-ARC SERVE BKUP 14.26 10/14/2006 2690536 MIS-ARC SERVE BKUP 142.79 10/14/2006 2690536 MIS-ARC SERVE BKUP 126.51 207908 10/31/2008 006033 THE FAB SHOP LLC, 201.26 10/10/2008 13796 MSFL T - REPAIR BUCKET 201.28 207909 10/31/2008 004245 THE JOSEPH FOUNDATION, 961.00 10/15/2006 3RD QTR 2008 CDHS-AG07-047 TRANSITIONAL HOU 961.00 207910 10/31/2008 004012 THOMPSON PUBLISHING GROUP INC, 438.50 10/20/2008 LAW-HANDBOOK LAW, FAIR LABOR STANDARDS HAND 438.50 207911 10/31/2008 005623 THUILLlER, JENNIFER 534.00 6/3/2008 200642 SWR-GRAPHIC DESIGN SERVICES; F 534.00 207912 10/31/2008 009280 THUNDERING OAK ENTERPRISES INC, 820.75 10/3/2008 2414 PKM-REMOVE 2 DYING TREES @ 630.00 10/17/2008 2453 PKM-REMOVAL OF CHERRY TREE@391 190.75 207913 10/31/2008 004218 TIMCO INC, 4.54 10/10/2008 179041 PWST -NYLON BARB 4.54 207914 10/3112008 003869 TOTAL RECLAIM INC, 3,888.00 9/30/2008 74752 SWR-RECYCLlNG SERVICES SPECIAL 3,888.00 207915 10/31/2008 010491 TRANE, 283.88 9/25/2008 2013796R1 FWCC-SPARK PLUG, FLAME ROD 283.88 207916 10/31/2008 008902 TRI-CITY MEATS, 242.67 10/10/2008 219282 DBC-CATERING SUPPLIES 242.67 207917 10/31/2008 006872 TRUSCO MFG CO, 89.50 10/8/2008 00006258 PKM-IRRIGA TION SUPPLlESIlNV#OO 89.50 207918 10/31/2008 008815 TSENG, BENJAMIN 456.40 10/10/2008 TSENG 2008 PD-CLOTHING ALLOW TSENG 456.40 207919 10/31/2008 000618 UAP DISTRIBUTION INC, 793.19 9/19/2008 S009106933.001 PWAD-NORTH YARD GRASS SEED; IN 402.10 9/29/2008 S009127514.001 PKM-FIELD QUIKPRO & 391.09 207920 1 0/31/2008 010073 UKRAINIAN COMMUNITY, 750.00 10/10/2008 3RD QTR 2008 CDHS-AG07-064 REFUGEE ASSISTAN 750.00 207921 1 0/31/2008 002426 UNITED GROCERS CASH & CARRY, 136.84 10/9/2008 106651 DBC-CA TERING SUPPLIES 10.11 10/8/2008 106444 DBC/KFT -CATERING SUPPLIES 35.75 10/8/2008 106444 DBC/KFT-CATERING SUPPLIES 90.98 207922 10/31/2008 003837 UNITED PARCEL SERVICE, 35.59 10/18/2008 0000F6588V428 PO-DOCUMENT DELIVERY SERVICE 35.59 207923 10/31/2008 000769 UNITED PIPE & SUPPLY CO INC, 114.30 9/9/2008 8014469 PWAD- GENERA TOR PAD IRRIGATION 105.19 10/7/2008 8045594 PKM-PVC BUSH FOR IRRIGATIONIlN 9.11 207924 10/31/2008 005019 UNITED RENTALS NORTHVVEST INC. 332.32 163 Bank of America Page 16 of 34 Check No. Date Vendor tnv Date Invoice Description Amount Check Total 10/15/2008 77377539-001 SWM-PROPANE 18.40 10/14/2008 76016141-002 SWM-DISCHARGE HOSE 373TH BRIDG 313.92 207925 10/31/2008 005715 USA MOBILITY VV1RELESS, 50.98 10/2/2008 R6163838J MSTEL-10/08 PAGER LEASE- 26.51 10/2/2008 R6163838J MSTEL-10/08 PAGER LEASE- 24.47 207926 10/3112008 004552 VALLEY CITIES COUNSELING, 17,750.00 9130/2008 3RD QTR 2008 CDHS-AG07-079 DV ADVOCACY PROG 5,500.00 10/13/2008 3RD QTR 2008 CDHS-AG07-081 FAMILY SUPPORT P 2,500.00 10/13/2008 3RD QTR 2008 A CDHS-AG07-078 COUNSELING PROGR 9,750.00 207927 10/3112008 003563 VALLEY COMMUNICATIONS CENTER, 224.40 10/1012008 0007877 PD-(8/08)LANGUAGE LINE USAGE 224.40 207928 10/31/2008 004863 VALLEY CONSTRUCTION SUPPLY INC, 647.98 9/25/2008 311340 PWAD-CONCRETE REPAIR AT COMMUN 647.98 207929 10/31/2008 008038 VECA ELECTRIC CO INC, 13,475.28 10f712008 37759 PARK-AG08-121 PO GENERATOR INS 14,123.13 10n12008 37759 PARK-AG08-121 PO GENERATOR INS -647.85 207930 10/31/2008 011065 VELLlNG, FRANCES 150.00 10fl12008 OCTOBER 17, 2008 PRCS-ARTS ALIVE AWARD 150.00 207931 10/31/2008 001124 VERIZON VV1RELESS, 103.26 10/13/2008 0699729382 MSTEL-(11/08)-CELL AIR TIME 65.61 10/12/2008 0699278810 PD-10/08 BAIT CAR WIRELESS 37.65 207932 10/3112008 011067 VIA ARCHITECTURE INC., 6,000.00 10/15/2008 CM-AG08-128 CM-AG08-128 PAC AT SYMPHONY ST 6,000.00 207933 10/31/2008 009824 VIA SUZUKI ARCHITECTURE PLCC, 1,515.84 10/10/2008 56207 CM/ED - PERFORMING ARTS CENTER 1,515.84 207934 10/31/2008 000294 VILMA SIGNS, 1,090.00 10/13/2008 101308 MSFL T-VINYLLOGO 1,090.00 207935 10/3112008 000094 WA STATE AUDITOR'S OFFICE, 1,792.49 10/9/2008 L72938 MSF-(9/08) STATE AUDITOR SVCS- 1,792.49 207936 1 0/31/2008 000253 WA STATE DEPT OF TRANSPORTATN, 1,050.00 10/812008 01533CN PWS-TRAINING WORKSHOP; VV1NTER 1,050.00 207937 10/31/2008 004752 WA STATE LABOR & INDUSTRIES, 275.99 10130/2008 3RD aTR 2008 MSF-L&I VOLUNTEER HRS 3RD aTR 61.23 10/30/2008 3RD QTR 2008 MSF-L&I VOLUNTEER HRS 3RD QTR 23.15 10130/2008 3RD QTR 2008 MSF-L&I VOLUNTEER HRS 3RD QTR 5.39 10/30/2008 3RD aTR 2008 MSF-L&I VOLUNTEER HRS 3RD QTR 0.15 10/30/2008 3RD QTR 2008 MSF-L&I VOLUNTEER HRS 3RD QTR 19.66 10/30/2008 3RD QTR 2008 MSF-L&I VOLUNTEER HRS 3RD QTR 135.23 10/30/2008 3RD QTR 2008 MSF-L&I VOLUNTEER HRS 3RD aTR 31.18 207938 10/31/2008 004628 WA STATE PATROL, 936.00 10/13/2008 OCT 2008 PO-REMIT CPL FINGERPRINT FEES 936.00 207939 10/3112008 004628 WA STATE PATROL, 731.50 10/2/2008 109002476 PO-REMIT FBIIWSP FEES 731.50 207940 10/31/2008 004751 WA STATE PATROl, 150.00 10/2/2008 /09002125 MSHR-9/08 BACKGRND INVEST. SVC 150.00 207941 10/3112008 000514 WA STATE-STATE REVENUES, 125,122.12 10/13/2008 SEP 08 MSF-STATE PORTION REMIT FEES C 57,081.74 10/13/2008 SEP 08 MSF-PSEA COURT FEES #2 30,270.01 10/1312008 SEP 08 MSF-PSEA COURT FEES #3 285.78 10/13/2008 SEP 08 MSF-PSEA JIS FEES 19,952.79 10/1312008 SEP 08 MSF-TRAUMA VICTIMS FEES 5,419.38 10/1312008 SEP 08 MS~SCHOOLZONESAFETY 646.02 10/13/2008 SEP 08 MSF-AUTO THEFT PREV. 9,724.17 10/13/2008 SEP 08 MSF-BRAIN TRAUMA INJ 1,517.23 10/13/2008 SEP 08 MSF-SBCC SURCHARGE FEES 225.00 207942 10/31/2008 011099 WALKDEN, ELAINE 257.97 10/22/2008 WALKDEN 2008 MC-COURT CLERK TRNG WALKDEN 222.36 10/22/2008 WALKDEN 2008 MC-COURT CLERK TRNG WALKDEN 35.61 207943 10/31/2008 006007 WALKER ACE HARDWARE, 48.44 lon/2008 039661 DBC-FLUSH LEVERS 21.22 10/10/2008 004086 DBC-DRAIN CLEANING SUPPLIES 27.22 207944 10/31/2008 010936 WARVVlCK, BRENT 1,002.69 164 Bank of America Page 17 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/9/2008 254 PKKFT-BYE BYE BIRDIE DVD, POST 852.69 101712008 OCTOBER 2008 PKKFT -STAGE PIANO RENTAL 150.00 207945 10/31/2008 000343 WASHDUP, LLC, 1,005.38 10/28/2008 34 PD-9/0I3-CAR WASH SERVICE 1,005.38 207946 10/31/2008 011078 WASHINGTON LOW INCOME HOUSING, 120.57 10/13/2008 28035 DBC-RENTAL DEPOSIT REFUND 120.57 207947 10/31/2008 005350 WASHINGTON ROCK QUARRIES INC, 1,769.17 10/8/2008 117313 PKM-FAIRWAY TOP DRESSING SAND 1,769.17 207948 10/31/2008 008646 WASHINGTON WORKWEAR LLC, 441.24 10/3/2008 4062 SWM- SAFETY VEST FOR CREWS; VE 441.24 207949 10/31/2008 000783 WASTE MANAGEMENT, 388.57 11/1/2008 0825041-1055-0 PWSVVR-10/08 LITTER DISPOSAL 388.57 207950 10/31/2008 000783 WASTE MANAGEMENT, 20.82 11/1/2008 0824379-1055-5 PWSVVR-10/08 LITTER DISPOSAL 20.82 207951 10/31/2008 009995 WATER MANAGEMENT, 721.00 10/6/2008 AF4011 R SWM-WATER QUALITY TESTING; INV 132.00 9/29/2008 AF4011R SWM-WATER QUAliTY TESTING; INV 457.00 10/13/2008 074616 SWM-WA TER QUAliTY TESTING; INV 132.00 207952 10/31/2008 008544 WATERSHED INC, 1,186.02 9/30/2008 0044962-IN PO-MOTORCYCLE UNIFORMS 1,186.02 207953 10/31/2008 007876 WELLS, GREGORY 103.23 10/10/2008 WELLS 2008 PD-4 WHEELER TRAILER LIFT 65.27 10/10/2008 WELLS 2008 PD-4 WHEELER TRAILER LIFT 37.96 207954 10/31/2008 003444 WEST CAMPUS CLEANERS, 890.79 9/30/2008 SEPTEMBER 2008 PD-AG07-135 DRY CLEANING SVCS- 890.79 207955 10/31/2008 002038 WEST COAST BUSINESS GRAPHICS, 344.37 9/26/2008 21351 MSHR-EMPLOY. APPLICATION PAPER 344.37 207956 10/31/2008 000173 WEST PAYMENT CENTER, 1,413.19 9/30/2008 816852395 MSDP-DATABASElCOMM CHARGES- 1,413.19 207957 10/31/2008 000541 WESTERN EQUIPMENT DISTRIBUTORS, 2,387.23 9/26/2008 573007.2 MSFL T-TORO MOWER REPAIRS 592.33 101712008 573658 MSFL T-REPlC CENTER SPINDLE 1,794.90 207958 10/31/2008 009514 WESTSIDE CONCRETE ACCESSORIES, 351.30 9/10/2008 0662203-IN PWAD- TOOLS AND SUPPLIES FOR GE 351.30 207959 10/31/2008 002204 VV1lBUR-ELlIS COMPANY, 1,043.13 101712008 3400206 RI PKM-GRASS SEED & FERTllIZERIIN 1,043.13 207960 10/3112008 010720 VV1LDER, SAMANTHA 1,281.34 9/30/2008 WECFW6 SVVR-AG08-Q44 RECYCLING PROGRAM 1,281.34 207961 10/31/2008 003380 VV1lS0N, BRIAN 162.00 10/13/2008 VV1LSON 2008 PO-SPILLMAN CONF. B WILSON 8.00 10/13/2008 VV1LSON 2008 PO-SPILLMAN CONF. B VV1lS0N 50.00 10/13/2008 VV1lS0N 2008 PD-SPlllMAN CONF. B VV1LSON 104.00 207962 10/31/2008 010850 VV1NCO FOODS, LlC, 300.08 10/3/2008 SA2881 SVVR-SHOPPING BAG COUPON REDEMP 300.08 207963 10/31/2008 011087 WINSTON, CATHY 6.80 10/20/2008 521493 PRCS-REFUND DISCOUNT 6.80 207964 10/31/2008 000660 WOOD\I\K)RTH & COMPANY INC, 1,905.86 1017/2008 186967 PWST-ASPHAL T 171.74 9/30/2008 186695 SWM-ASPHAL T 423.86 9/23/2008 186510 SWM-ASPHAl T 171.74 10/21/2008 187303 PW-ASPHAl T 441.50 10/21/2008 187303 PW-ASPHAl T 697.02 207965 1 0/31/2008 004651 WSU CAHE CASHIER, 300.00 10/17/2008 TACOMA 340 PKM-PESTICIDE TRAINING/BOYD, G 300.00 207966 10/31/2008 005722 YAKIMA COUNTY DEPARTMENT OF, 70,387.52 10/10/2008 SEPTEMBER 2008 PD-(9/08} JAIL SVCS AGOO-167-- 70,387.52 207967 10/31/2008 008036 YWCA SEATTLE- KING COUNTY, 1,000.00 10/13/2008 3RD QTR 2008 CDHS-AG07-Q77 VICTIM SVCS PROG 1,000.00 207968 10/31/2008 011082 ZAMPARDO, ARON 40.88 10/20/2008 521487 FWCC-REFUND ACCT. ADJUSTMENT 40.88 207969 10/31/2008 009895 ZORCHENKO,ALEKSEY 457.00 10/8/2008 02-63820 REFUND PW-02-63820 DRIVEWAY BOND 486.00 165 Bank of America Page 18 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/8/2008 02-63820 REFUND PW-02-63820 DRIVEWAY BOND -29.00 207970 11/3/2008 000051 PUGET SOUND ENERGY INC, 14,602.92 10/2812008 PWTR 2008 09 PWTR-200810 CRNR S 316TH ST & 74.37 10/2812008 PWTR 2008 09 PWTR-200810 HOYT RD & 340TH- 101.16 10/28/2008 PWTR 2008 09 PWTR-200810 PAC HWY S & S 330T 74.71 10/2812008 PWTR 2008 09 PWTR-200810 S 288TH ST & PAC H 540.99 10/2812008 PWTR 2008 09 PWTR-200810 S288TH & 18TH AVE 114.76 10/2812008 PWTR 2008 09 PWTR-200810 S 296TH Pl & MllIT 27.02 10/2812008 PWTR 2008 09 PWTR-200810 S 320TH & 23 AV S- 323.37 10/2812008 PWTR 2008 09 PWTR-200810 S 322ND & 23 AVE S 214.79 10/2812008 PWTR 2008 09 PWTR-200810 S 336TH ST & PAC H 672.98 10/28/2008 PWTR 2008 09 PWTR-200810 S 282ND & MILITARY 139.34 10/2812008 PWTR 2008 09 PWTR-200810 S 316TH & PAC HWY 65.48 10/2812008 PWTR 2008 09 PWTR-200810 SWCRNR S 312TH & 254.07 10/28/2008 PWTR 2008 09 PWTR-200810 SW 308TH & 2ND AVE 7.35 10/2812008 PWTR 2008 09 PWTR-200810 SW 329TH WAY & HOY 7.51 10/2812008 PWTR 2008 09 PWTR-2oo810 VARIOUS SIGNAlS- 27.02 10/2812008 PWTR 2008 09 PWTR-200810 1TH WAY S & 334TH 29.74 1012812008 PWTR 2008 09 PWTR-200810 1ST WAY S & 336TH 94.12 10/2812008 PWTR 2008 09 PWTR-200810 1ST WAY S & 330TH- 67.09 10/28/2008 PWTR 2008 09 PWTR-200810 115TH ST S & 316ST 7.44 10/2812008 PWTR 2008 09 PWTR-200810 1300 S 344TH ST- 30.30 10/28/2008 PWTR 2008 09 PWTR-200810 1403 SW 312TH ST P 7.35 10/2812008 PWTR 2008 09 PWTR-200810 1405 S 312TH ST.- 133.03 10/2812008 PWTR 2008 09 PWTR-200810 1414S 324TH ST.- 50.86 10/28/2008 PWTR 2008 09 PWTR-200810 1790 SW 345TH PLAC 181.46 10/28/2008 PWTR 2008 09 PWTR-200810 18TH AVE & S 312 S 80.48 10/28/2008 PWTR 2008 09 PWTR-200810 199 SW311TH PLACE 164.04 10/2812008 PWTR 2008 09 PWTR-200810 21ST AVE SW & SW 3 131.39 10/2812008 PWTR 2008 09 PWTR-200810 21ST AVE SW & SW 3 291.90 10/2812008 PWTR 2008 09 PWTR-200810 21ST AVE S GRID RO 89.16 10/28/2008 PWTR 2008 09 PWTR-200810 21ST AVE SW & SW 3 100.08 10/2812008 PWTR 2008 09 PWTR-200810 21ST AVE SW & 356T 79.21 10/2812008 PWTR 2008 09 PWTR-200810 23RD AVE S & S 317 256.78 10/28/2008 PWTR 2008 09 PWTR-200810 23RD AVE S & 320TH 184.87 10/28/2008 PWTR 2008 09 PWTR-200810 2510 S 336TH ST- 26.94 10/28/2008 PWTR 2008 09 PWTR-200810 2510 SW336TH STRE 7.35 10/28/2008 PWTR 2008 09 PWTR-200810 2613 S 275TH PLACE 27.98 10/28/2008 PWTR 2008 09 PWTR-200810 28516 24TH AVE S- 20.59 10/28/2008 PWTR 2008 09 PWTR-200810 29600 PAC HWY S SI 438.19 10/28/2008 PWTR 2008 09 PWTR200810 2999 SW 314 TH ST- 83.26 10/28/2008 PWTR 2008 09 PWTR-200810 30400TH PAC HWY S- 50.25 10/28/2008 PWTR 2008 09 PWTR-200810 30800 PAC HWY S- 47.92 10/28/2008 PWTR 2008 09 PWTR-200810 31020 14TH AVE S- 31.49 10/28/2008 PWTR 2008 09 PWTR-200810 3113 27TH AVE SW- 104.79 10/28/2008 PWTR 2008 09 PWTR-200810 31200 STATE RT 99 281.08 10/28/2008 PWTR 2008 09 PWTR-200810 31455 28TH AVE S- 122.12 10/28/2008 PWTR 2008 09 PWTR-200810 316oo,STATE RT 99 114.66 10/28/2008 PWTR 2008 09 PWTR-200810 31847 PAC HWY S- 285.96 10/28/2008 PWTR 2008 09 PWTR-200810 31910 GATEWAY CNTR 34.43 10/28/2008 PWTR 2008 09 PWTR-200810 32000 PAC HWY S- 285.79 10/28/2008 PWTR 2008 09 PWTR-200810 32400 STATE RT 99 113.60 10/2812008 PWTR 2008 09 PWTR-200810 32400 STATE RT 99 326.30 10/28/2008 PWTR 2008 09 PWTR-200810 32400 STATE RT 99 106.76 10128/2008 PWTR 2008 09 PWTR-200810 32932 7TH CT SW- 17.86 10/28/2008 PWTR 2008 09 PWTR-200810 32731 HOYT RD FLAS 7.73 10/28/2008 PWTR 2008 09 PWTR-200810 33099 HOYT RD SW- 288.67 10/28/2008 PWTR 2008 09 PWTR-200810 3318 SW 346TH PLAC 30.65 10/28/2008 PWTR 2008 09 PWTR-200810 33220 ST WAY S- 52.84 10/28/2008 PWTR 2008 09 PWTR-200810 33325 8TH AVE- 125.58 10/28/2008 PWTR 2008 09 PWTR-200810 33401 38TH AVE S- 182.52 10/2812008 PWTR 2008 09 PWTR-200810 33405 6TH AVE S- 41.78 10/2812008 PWTR 2008 09 PWTR-200810 33507 9TH AVE- 115.35 10/28/2008 PWTR 2008 09 PWTR-200810 33645 20TH PLACE- 176.02 166 Bank of America Page 19 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/28/2008 PWTR 2008 09 PWTR-200810 33800 WEYHR WAY S- 272.72 10/28/2008 PWTR 2008 09 PWTR-200810 34010 20TH AVE- 122.43 10/28/2008 PWTR 2008 09 PWTR-200810 34018 PAC HWY S- 63.42 10/28/2008 PWTR 2008 09 PWTR-200810 3420 SW343RD ST- 5.11 10/28/2008 PWTR 2008 09 PWTR-200810 34800 21ST AVE SW- 105.83 10/28/2008 PWTR 2008 09 PWTR-200810 34836 WEYHR WAY S- 60.92 10/28/2008 PWTR 2008 09 PWTR-200810 34801 16TH AVE S- 93.22 10/28/2008 PWTR 2008 09 PWTR-200810 35007 ENCHANTED PK 153.47 10/28/2008 PWTR 2008 09 PWTR-200810 35106 21ST AVE SW- 44.36 10/28/2008 PWTR 2008 09 PWTR-200810 35202 ENCHANT PKWY 265.42 10/28/2008 PWTR 2008 09 PWTR-200810 35600 PAC HWY S- 110.58 10/28/2008 PWTR 2008 09 PWTR-200810 35654 9TH AVE SW- 18.77 10/28/2008 PWTR 2008 09 PWTR-200810 35896 PAC HWY S- 175.27 10/28/2008 PWTR 2008 09 PWTR-200810 359091ST AVE SWF 7.52 10/28/2008 PWTR 2008 09 PWTR-200810 3611116TH AVE S- 99.38 10/28/2008 PWTR 2008 09 PWTR-200810 36201 MILTON RD- 193.86 10/28/2008 PWTR 2008 09 PWTR-200810 36600 PAC HWY S- 8.05 10/28/2008 PWTR 2008 09 PWTR-200810 491 S 338TH ST- 55.50 10/28/2008 PWTR 2008 09 PWTR-200810 727 S 312TH ST- 211.06 10/28/2008 PWTR 2008 09 PWTR-200810 8TH AVE S & DASH P 56.99 10/28/2008 PWTR 2008 09 PWTR-200810 824 SW361TH ST- 195.35 10/28/2008 PWTR 2008 09 PWTR-200810 S 322N ST & 23 AVE 85.92 10/28/2008 PWTR 2008 09 PWTR-200810 HWY 509 & 21ST AVE 28.07 10/28/2008 PWTR 2008 09 PWTR-200810 NE CRNR S 312TH & 175.05 10/28/2008 PWTR 2008 09 PWTR-200810 S 304TH & MILITARY 74.82 10/28/2008 PWTR 2008 09 PWTR-200810 S 312TH & 23 AVE S 188.51 10/28/2008 PWTR 2008 09 PWTR-200810 S 314TH & 20TH AVE 130.73 10/28/2008 PWTR 2008 09 PWTR-200810 S 320 SET & 32RD A 295.83 10/28/200S PWTR 200S 09 PWTR-200810 S 320TH & PAC HWY 694.06 10/2S/200S PWTR 2008 09 PWTR-200810 S 320TH & WEYHR WA 255.86 10/2S/2008 PWTR 2008 09 PWTR-200810 S 336TH ST & WEYHR 190.42 10/28/2008 PWTR 2008 09 PWTR-200810 S 348TH ST & PAC H 227.16 10/28/2008 PWTR 2008 09 PWTR-200810 S 316TH & 20TH AVE 75.87 10/28/2008 PWTR 2008 09 PWTR-200810 SR 161 & 356TH NE 276.98 10/28/2008 PWTR 2008 09 PWTR-200810 STAR LK RD & MILlT 43.93 10/28/2008 PWTR 2008 09 PWTR-200810 SW CAMPUS DR & 6TH 34.99 10/28/2008 PWTR 2008 09 PWTR-200810 SW 308TH ST & 4 A V 7.35 10/28/2008 PWTR 2008 09 PWTR-200810 SW 312TH ST & DASH 110.30 10/28/2008 PWTR 2008 09 PWTR-200810 SW324TH & 11TH PL 232.23 10/28/2008 PWTR 2008 09 PWTR-200810 SW 340TH & HOYT R 159.86 10/2S/2008 PWTR 200S 09 PWTR-200S10 SW 340TH ST & 35TH 65.39 10/28/2008 PWTR 2008 09 PWTR-200S10 21ST AVE SW & DASH 71.63 10/28/2008 PWTR 2008 09 PWTR-200810 S 333ST & 1ST WAY- 60.05 10/2S/2008 PWTR 2008 09 PWTR-S 348TH HOV LANE- 626.00 207971 11/4/2008 700146 FEDERAL WAY LITTLE LEAGUE INC, 10,750.00 11/4/2008 OCTOBER 15, 200S A PARKS-AGOS-120 YOUTH SPORTS GR 10,750.00 207972 11/6/2008 010291 THE COMMONS AT FEDERAL WAY, 250.00 11/6/2008 NOVEMBER 12, 2008 PWTR-CCAP OPEN HOUSE 250.00 207973 11/14/200S 009161 A-l FIRE EQUIPMENT, INC., 228.90 101712008 184845 PKKFT-FIRE EXTINGUISHER MAINT 228.90 207974 11/14/2008 000083 AARO INC DBA THE LOCK SHOP, 99.35 10/27/200S 60409 FWCC-LOCKSMITH SVC 86.38 11/5/2008 60584 PWST-DUPLlCATE KEY; INVOICE #6 12.97 207975 11/14/2008 004234 ABT TO'MNG OF FEDERAL WAY INC, lS5.30 10/22/2008 25536 PD-TO'MNG SERVICE lS5.30 207976 11/14/2008 000109 ACTIVE SECURITY CONTROL (DBA), S6.27 10/22/2008 14239 CHB-REPAIR MS SAFE CABINET 86.27 207977 11/14/2008 009404 AEGIS LEGAL SERVICES LLC, 62.50 10/27/200S 166 CM-CONFLlCT DEFENDER SVC- 62.50 207978 11/14/200S 010035 AERO STICH RIDERWEAR, 573.00 10/30/200S 273642-1 PO-UNIFORM - BRANCO 573.00 207979 11/14/2008 009195 AKELA SECURITY INC., 4,693.75 11/3/2008 5250 MC-AG06-021 COURT SECURITY - 4,693.75 167 Bank of America Page 20 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 207980 11/1412008 009764 ALL ACCESS PRINTING & MAILING, 161.87 10/1012008 14913 MSHR-BUSINESS CARDS 161.87 207981 11/1412008 010033 ALLIANCE PRINTING INC. 1.012.61 9/15/2008 9135 PRCS-FALl.JVVINTER 08 NEWSLETTER 1,012.61 207982 11/14/200.8 001285 ALPINE PRODUCTS INC, 143.44 11/4/2008 TM-96661 PWST-MARKING PAINT & SOLVENTBA 35.86 11/4/2008 TM-96661 PWST-MARKlNG PAINT & SOLVENTBA 71.72 11/4/2008 TM-96661 PWST-MARKlNG PAINT & SOLVENTBA 35.86 207983 11/1412008 005287 AMERICALL COMMUNICATIONS &. 107.85 10/21/2008 06417-1008 PKM-AFTER HR CALL-OUT SVC ACCO 107.85 207984 11/14/2008 001522 AMERICAN RED CROSS. 30.00 10/15/2008 10022450 FVVCC-L1FEGUARD FIRST AID 30.00 207985 11/14/2008 010795 ANDERSON. SANDRA 34.80 10/29/2008 OCTOBER 2008 FWCC-AG08-069 FITNESS TRNG SVC 34.80 207986 11/14/2008 010530 ARAMARK UNIFORM SERVICES. 147.16 11/3/2008 655-3925202 FVVCC-FlOOR MATS SVC 73.58 10/20/2008 512-4256974 FVVCC-FlOOR MATS SVC 73.58 207987 11/14/2008 003649 ARBUTHNOT,STEVEN 256.89 11/312008 ARBUTHNOT 2008 PO-NEW SWAT UNIFORMS 256.89 207988 11/14/2008 010804 ATOMIC SCREENPRINTING, 285.32 6/1712008 1201 PRCS-T-SHIRTS & HOODIES 285.32 207989 11/14/2008 005587 AVAYA INC. 766.13 11/1/2008 2728030161 MIS-(10/08) PBX MAINT 452.02 11/1/2008 2728030161 MIS-(10/08) PBX MAINT 283.47 11/112008 2728030161 MIS-(10/08) PBX MAINT 30.64 207990 11/14/2008 010123 BAILEY, R. LEE 186.76 11/312008 BAILEY 2008 CDS-WABO CONF. BAILEY 186.76 207991 11/1412008 010806 BA YSIDE EMBROIDERY, 302.87 9/12/2008 0304659 . FWCC-STAFF SHIRTS 302.87 207992 11/14/2008 006023 BLADE-TECH INDUSTRIES INC, 253.85 10/31/2008 PI0031034 PD- T ASER CARTRIDGE HOLDERS 253.85 207993 11/14/2008 001630 BLUMENTHAL UNIFORM CO INC. 1,888.78 . 10/23/2008 695934-01 ORTA-BOOTS 152.55 10/23/2008 700593 .SHOULDER AND BADGE PATCHES. 1,487.85 10/31/2008 707003 WATERMAN- PANTS 235.33 10/20/2008 689052-80 -CREDIT-WORTMAN -0.28 10/20/2008 689054-80 -CREDIT- UNSWORTH -0.28 10/21/2008 707631 BRANCO, CHAD-'AlHISTLE, EMBLEM 13.61 207994 11/14/2008 011107 BOUTWELL. ANN 35.00 10/31/2008 524961 PRCS-REFUND CLASS FEE 35.00 207995 11/14/2008 004919 BRA TWEAR, 1.552.26 10/14/2008 313049 PD-5 ORTA UNIFORMS 1,527.55 10/6/2008 313175 PD-K. SMITH UNIFORM NAME TAG 24.71 207996 11/14/2008 000768 BSN SPORTS, 1,654.12 10/1/2008 92857624 FVVCC-BASKETBALLS, MESH NETS 1,654.12 207997 11/14/2008 002367 CARLYLE INTERCONNECT TECH.. 25.79 1 0/8/2008 510026-01 FWCC- 25' SVGA CABLE FOR MONIT 25.79 207998 11/14/2008 000991 CASCADE COFFEE INC, 103.64 8/4/2008 20550180 MSMD-MEETING COFFEE SUPPLIES 6.00 10/27/2008 20558244 MSMD-MTG COFFEE SUPPLIES 97.64 207999 11/14/2008 001481 CH2M HILL NORTHWEST INC, 61,239.95 10/24/2008 3672861 PWST-AG07-o70 PAC HWY HOV PH. 61.239.95 208000 11/.14/2008 005637 CHEMSEARCH, 180.19 10/17/2008 555033 MSFl T-YIELD AEROSOL 180.19 208001 11/14/2008 007368 CHIEF SUPPLY CORPORATION. 24.97 10/22/2008 083493 PD-GREDIT TACTICAL PANT -39.99 10/24/2008 231186 PD-GOTTON TACTICAL PANTS 39.99 1 0/27/2008 231492 PO-REFLECTIVE TRAFFIC TAPE 24.97 208002 11/14/2008 009643 CIPALLA COMMUNICATIONS INC, 21,063.94 10/3012008 FW-0a-0010-A CM-AG08-083 MEDIA OUTREACH- 7,026.39 10/30/2008 FW-oa-0010-C CM-AG08-083 MEDIA OUTREACH- 9,027.55 10/2912008 FW-08-0010-B CM-AG08-083 MEDIA OUTREACH- 2,550.00 168 Bank of America Check No. Date Vendor 208003 11/14/2008 010360 Inv Date 10/31/2008 9/29/2008 CITY OF FEDERAL WAY, 11/13/2008 11/1312008 11/6/2008 11/6/2008 11/10/2008 11/10/2008 11/10/2008 11/10/2008 10/2812008 10/28/2008 Invoice FW-08-0010-D FW-08-0009-B CK #1083 CK #1083 CK #1082 CK #1082 CK#1079 CK #1079 CK #1079 CK #1079 CK #1080 CK #1080 208004 11/14/2008 005817 CITY OF FIFE, 10nt2008 0004366 208005 11/14/2008 010554 CLARKE, HEATHER 10/31/2008 30 208006 11/14/2008 003752 COASTWlDE SUPPLY DBA, 10/1/2008 W1981133 10/31/2008 W1992825 10/28/2008 T1987296 10/28/2008 T1991410 10/17/2008 W1987601 10/912008 T1984739 10/15/2008 T1986793 208007 11/14/2008 005208 COMMERCIAL CARD SOLUTIONS, 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/3112008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 10/31/2008 OCTOBER 2008 Description CM-AG08-083 MEDIA OUTREACH- CM-07-001 TOURISM MARKETING- PD-IPICD IN CUSTODY DEATH CONF PD-IPICD IN CUSTODY DEATH CONF PO-TRAFFIC CRASH TRNG S SWANSO PO-TRAFFIC CRASH TRNG S SWANSO CC-SISTER CITY DOHERTY CC-SISTER CITY DOHERTY CC-SISTER CITY DOHERTY CC-SISTER CITY DOHERTY PD-LEIRA TRNG DARLENE DEYO PD-LEIRA TRNG DARLENE DEYO PD-(9/08) JAIL SVCS AG01-72- CM/INFO - PROFESSIONAL WRITING FWCC-JANITORIAL SUPPLIES FWCC-JANITORIAL SUPPLIES FWCC-JANITORIAL SUPPLIES FWCC-JANITORIAL SUPPLIES FWCC-JANITORIAL SUPPLIES FWCC-JANITORIAL SUPPLIES CHB-JANITORIAL SUPPLIES CM-LUNCH MTG W/KOCHMAR CM-SEATTLE 684 - PARKING CM-LUNCH MTG W/KOCHMAR CM-OFFICE SUPPLIES PKM-ISA DUES PKM-QTR MEETING SNACKS PKM-PESTICIDE TRNG PKM-W1LDWOOD PLAYGRND ROCK PKM-2009 CALENDAR PKM-ISA TRAINING MATL PRCS-ART EXHIBIT RIBBONS PWST-CAMERA BATTERIES PKM-INTERVIEW PANEL LUNCH PKM-H20 FILTERS FOR HYLEBOS PWEOC-DUCT TAPE & TREAD CM-BUDGET MTG LUNCH CC-TOWN HALL MTG SNACKS CC-TOWN HALL MTG SNACKS CC-PSRC CONF. REGISTER CC-NAME TAG FOR M. PARK CC- TOWN HALL MTG SNACKS CC-TOWN HALL MTG SNACKS CC-SPECIAL COUNCIL MTG DINNER CC-SPECIAL COUNCIL MTG DINNER SWM-DEADBOL T LOCK MIS-VERIFONE INC RENEWAL MIS-9/08 RETURN TEVO CREDIT MIS-SAFE CITY MAl NT. SUPPLIES MIS-SAFE CITY STAFF MTG MIS-MAINVIEW STATION VIDEO CAR MIS-WRENCH MIS-DVDIRW DRIVE NEW LOANER MIS-QUICK BOOK SMI MIS QUICK BOOK SMI CD-DIGITAL CAMERAS CD-CODE COMPLIANCE DIGITAL CER CD-STAKES FOR NOTICES CM-FWTV SUPPLIES 169 Page 21 of 34 Amount Check Total 840.00 1,620.00 2,816.20 135.00 161.06 650.00 542.60 482.98 187.10 253.94 165.98 55.00 182.54 26,973.89 26,973.89 506.25 506.25 5,663.02 1,163.66 809.74 387.69 123.56 1,787.29 202.76 1,188.32 6,929.93 17.83 3.00 18.38 54.49 230.00 12.46 240.00 2,422.65 20.21 315.80 61.87 21.79 42.15 86.56 30.44 88.24 18.57 26.16 70.00 9.54 7.29 26.28 136.49 262.53 35.80 129.00 -381.49 49.22 68.03 158.19 5.32 121.53 414.15 10.85 549.99 65.28 34.60 33.45 Bank of America Page 22 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/31/2008 OCTOBER 2008 CM-3CMA MTG LEE, FARMER, REES 811.35 10/31/2008 OCTOBER 2008 CM-3CMA MTG LEE, FARMER, REES 146.31 10/31/2008 OCTOBER 2008 CM-PRSA CREDIT -35.00 10/31/2008 OCTOBER 2008 PO-PO PANEL INTERVIEW LUNCH 59.92 10/31/2008 OCTOBER 2008 MSHR-SR. TRAFFIC ENGINEER AD 206.00 10131/2008 OCTOBER 2008 MSHR-IT TECH 2 INTERVIEW LUNCH 84.15 10/31/2008 OCTOBER 2008 MSHR-CREDIT TRNG REGISTER. RUS -399.00 10/31/2008 OCTOBER 2008 SVVM-EMERGENCY TREE REMOVAL 539.55 208008 11/14/2008 007591 COMMERCIAL SPACE ONLINE INC, 100.00 11/1/2008 71726 CM/ED - PROPERTY DATABASE SERV 100.00 208009 11/14/2008 008381 CONOCOPHILLlPS FLEET, 168.69 10/26/2008 870165123810 PD-10108 VEHICLE FUEL 168.69 208010 11/1412008 010303 COOL GUY GEAR LLC, 1,457.92 11/4/2008 22344 PO-VEST FOR VANRUTH & MICKELSE 1,457.92 208011 11/1412008 008445 COPIERS NORTHVVEST INC, 983.94 10/23/2008 46306 MIS-COPIERlTONER SUPPLIES 23.87 10/23/2008 46306 MIS-COPIERlTONER SUPPLIES 238.71 10/23/2008 46306 MIS-COPIERlTONER SUPPLIES 214.84 10/16/2008 46188 MIS-COPIERlTONER SUPPLIES 8.44 10/16/2008 46188 MIS-COPIERlTONER SUPPLIES 84.42 10/16/2008 46188 MIS-COPIERfTONER SUPPLIES 75.98 10/22/2008 46287 MIS-COPIERlTONER SUPPLIES 16.88 10/22/2008 46287 MIS-COPIERlTONER SUPPLIES 168.84 10/22/2008 46287 MIS-COPIERlTONER SUPPLIES 151.96 208012 11/14/2008 000721 CORLISS RESOURCES INC, 1,322.17 10/24/2008 196416 PWST-CONCRETE SUPPLIES 134.29 10/28/2008 196755 PWST-READYMIX STREET REPAIR 611.49 10/29/2008 196845 PWST-READYMIX SIDEWALK REPAIR 576.39 208013 11/14/2008 000063 CORPORATE EXPRESS OFFICE, 7,143.34 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 679.04 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 55.60 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 55.83 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 55.53 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 55.54 10/3112008 91394258 OCT 2008 OFFICE SUPPLIES CORP 55.53 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 52.64 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 6.91 10/3112008 91394258 OCT 2008 OFFICE SUPPLIES CORP 75.11 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 395.22 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 68.07 10/3112008 91394258 OCT 2008 OFFICE SUPPLIES CORP 122.59 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 94.71 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 58.23 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 136.70 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 46.77 10/31/2008 91394258 . OCT 2008 OFFICE SUPPLIES CORP 97.07 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 73.68 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 1,381.47 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 626.30 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 388.33 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 311.78 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 268.12 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 340.94 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 268.01 10/3112008 91394258 OCT 2008 OFFICE SUPPLIES CORP 92.98 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 50.65 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 610.73 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 550.53 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 47.37 10/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 21.36 208014 11/14/2008 000771 COSTCO/HSBC BUSINESS SOLUTIONS, 2,409.17 10/2612008 OCTOBER 2008 FWCC-RESALE ITEMS 332.04 10/26/2008 OCTOBER 2008 FVVCC-RESALE ITEMS 315.27 170 Bank of America Page 23 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/26/2008 OCTOBER 2008 MSHR-WELLNESS STORE RESTOCK 702.81 10/2612008 OCTOBER 2008 DBC-CA TERING/KITCHEN SUPPLIES 390.53 10/26/2008 OCTOBER 2008 DBC-CA TERING/KlTCHEN SUPPLIES 154.21 10/26/2008 OCTOBER 2008 FVVCC-RESALE ITEMS 158.02 10/26/2008 OCTOBER 2008 PRCS-HALLOWEEN CONCESSIONS 220.49 10/26/2008 OCTOBER 2008 MSHR-MGMT ACADEMY FOOD 6.99 10/26/2008 OCTOBER 2008 CC-SPECIAL COUNCIL MTG FOOD 101.94 10/26/2008 OCTOBER 2008 MSHR-WELLENSS STORE SNACKS 26.87 208015 11/1412008 011096 COURTSPORTS INC, 6,206.00 9/10/2008 1205 FVVCC-RECOA T GYM FLOORS 6,206.00 208016 11/14/2008 009696 CRESTWOOD ANIMAL HOSPITAL, 523.83 7/11/2008 ACCOUNT 12351 PD-K9 MEDICAL CARE 419.23 10/1512008 4163 PD-K9 FAX MEDICAL CARE 72.60 10/23/2008 4294 PD-K9 FAX MEDICAL CARE 32.00 208017 11/14/2008 009240 CROUCH, KELLY 1,008.00 11/7/2008 CROUCH 2008 MSHR- TUITION REIMB. K CROUCH 1,008.00 208018 11/14/2008 006792 CUMMINS NORTHWEST, 303,267.48 1 0/27/2008 001-60625 PKS-FVVCC GENERATOR; FEDERAL WA 302,444.29 1 0/22/2008 001-60096 CHB-GENERATOR PLAN. MAINT 823.19 208019 11/14/2008 007552 D J IMPRINTS, 463.80 10/21/2008 00224839 PRCS-AG04-175:PRINTED CLOTHING 463.80 208020 11/14/2008 000854 o J TROPHY, 122.95 10/22/2008 00224901 MSHR-WELLNESS HALLOWFEST 8.50 10/1/2008 00224788 PRCS-TROPHIES 114.45 208021 11/14/2008 000168 DAILY JOURNAL OF COMMERCE INC, 703.50 10/18/2008 3209926 SWM-PUBUC NOTICE REQUEST FOR 703.50 208022 11/14/2008 005922 DEX MEDIA WEST, 280.95 10/23/2008 200565236 PKKFT-10/08 DIRECTORY ADS- 280.95 208023 11/14/2008 005318 DEYO, DARLENE 128.70 10/28/2008 DEYO 2008 PD-LEIRA TRNG DARLENE DEYO 128.70 208024 11/1412008 008039 DMX MUSIC, 56.35 11/1/2008 A099617 MIS-11/08 DIGITAL MUSIC 56.35 208025 11/14/2008 005341 DODD, ESCOLASTICA ROSA 411.64 10/28/2008 10/28/08 MC-INTERPRETER SVCS 199.57 11/4/2008 11/04/08 MC-INTERPRETER SVCS 212.07 208026 11/14/2008 011055 DONNA LONGWELL & ASSOC., 635.40 10/20/2008 OCTOBER 20, 2008 PRCS-L1NCOLN CITY TOURS 635.40 208027 11/14/2008 006177 EARL, SHARYN LYNN 2,010.00 10/27/2008 08038 PRCS-WlNTER BROCHURE 2009 1,890.00 11/5/2008 08039 CM-BUDS & BLOOMS AD 120.00 208028 11/14/2008 011091 EBERLESTOCK, 279.06 10/28/2008 614977 PD-GUNSLlNGER PACK, UNICAM- 206.10 10/28/2008 614977 PO-HYDRATION SYSTEM,- 26.06 10/28/2008 614977 PO-SHOOTING REST, UNICAM- 27.95 10/28/2008 614977 Freight 18.95 208029 11114/2008 010030 ECOLAB INC, 202.64 10/12/2008 7256839 DBC-DISHWASHER RENTAL 202.64 208030 11/14/2008 006371 ELCA REGION 1, 10.67 11/4/2008 28210 DBC-DAMAGE DEPOSIT REFUND 10.67 208031 11/14/2008 007919 EMPIRE FACILITY SERVICES INC, 129.17 10/23/2008 13827 CHB-ELECTRICAL FIX IN IT DEPT 129.17 208032 11/14/2008 009443 EPOLlCEDEPARTMENT. INC, 3,971.20 4/26/2008 90 PD-COPLOGIC YEARLY MAINT. FOR 3,650.00 4/26/2008 90 Sales Tax 321.20 208033 11/14/2008 001046 EQUIFAX CREDIT INFORMATION SVC, 43.34 10/23/2008 4010832 PD-(10/08) CREDIT REPORTS 43.34 208034 11/14/2008 000328 ERNIE'S FUEL STOPS (DBA), 14,505.11 11/12/2008 0296180 MSFL T-l0/15-10/30/08 FUEL FOR 3,935.15 11/12/2008 0296181 PD-l 0/15-1 0130/08 VEHICLE FUEL 9,996.42 11/12/2008 0296181 PO 10/15-10/30/2008 FUEL CHARG 573.54 208035 11/14/2008 002227 ETTINGER, ROBERT 179.24 10/30/2008 ETTINGER 200B DBC-B/OB-10/0B MILEAGE ETTINGE 179.24 171 Bank of America Page 24 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 208036 11/14/2008 011016 FALLS CREEK RETREAT CENTER, 3,060.00 9/912008 2393 PRCS-CAMP ~INKLE RANCH 3,060.00 208037 11/14/2008 010337 FARMER, LINDA 103.03 11/6/2008 FARMER 2008 CM-3CMA CONF. L FARMER 93.04 11/6/2008 FARMER 2008 CM-3CMA CONF. L FARMER 9.99 208038 11/14/2008 008647 FASTENAL, 11..34 10/24/2008 WAFED106325 PWST-REPAIR AND MAINTENANCE SU 11.34 208039 11/14/2008 000217 FEDERAL EXPRESS CORPORATION, 35.07 10/31/2008 2-974-01349 MS-FEDERAL EXPRESS SVCS 9.96 10/31/2008 2-974-01349 MS-FEDERAL EXPRESS SVCS 8.37 10/24/2008 2-966-29336 MS-FED EXPRESS PASSPORT DOCS 16.74 208040 11114/2008 001893 FEDERAL WAY SCHOOL DISTRICT, 7,781.25 11/1912008 SIF-OCTOBER 2008 MS-OCT08 SCHL IMPACT FEE, INTE 7,766.00 11/10/2008 SIF-OCTOBER 2008 MS-OCT08 SCHL IMPACT FEE, INTE 15.25 208041 11/14/2008 000876 FERGUSON ENTERPRISES, INC, 188.68 10/30/2008 1340937 FVVCC-VLV REBUILD KIT 188.68 208042 11/1412008 010114 FICHTNER, THOMAS 1,079.09 10/30/2008 SAFE CITY SAFE CITY CAMERA DISPLAY 40" L 1,079.09 208043 11114/2008 001686 FIRST CHOICE BUSINESS MACHINES, 117.72 11/15/2008 08118475775 MSMD-COPIER RPR,MNT,SUP 117.72 208044 11/14/2008 002664 FLEX-PLAN SERVICES INC, 222.70 10/31/2008 128635 MSHR-10/08 FLEX PLAN ADM SVCS 222.70 208045 11/14/2008 008860 FOOD SERVICES OF AMERICA, 4,070.24 10/29/2008 9781200 PKDBC-CA TERING SUPPLIES 706.86 10/23/2008 9767064 PKDBC-CATERING SUPPLIES 1,961.41 10/16/2008 9748744 PKDBC-CA TERING SUPPLIES 1,401.97 208046 1111412008 002870 FREEWAY TRAILER SALES INC, 46.77 10/29/2008 076485 SWM-CARGO BAR FOR CALLOUT TRUC 46.77 208047 11/14/2008 009242 FSH COMMUNICATIONS LLC, 81.82 11/1/2008 000239147 MIS-(11/08) FSH PA YPHONE SVCS 81.82 208048 11/1412008 011098 GALLAGHER, PETER 200.00 10/21/2008 OCTOBER 2008 PRCS-ARTS ALIVE JUDGE 200.00 208049 11/14/2008 003118 GALLS INC, 1,398.71 10/16/2008 5959055901039 PO-HI VIS TRAFFIC WAND 86.72 10/24/2008 5959055901047 PD-H VIS TRAFFIC WAND 572.20 10/2/2008 5959055901013 PD-H VIS TRAFFIC WAND 739.79 208050 11/14/2008 011105 GARCIA, JERRY 61.00 10/28/2008 523918 FVVCC-ACCT ADJ REFUND 61.00 208051 11/14/2008 010451 GEAR ATHLETICS LlC, 327.00 10/6/2008 144434 PRCS-VOLLEYBALLS 327.00 208052 11/14/2008 004578 GENE'S TOWING INC, 722.67 9/21/2008 330250 PO-TOWING - CASE 08-12992 722.67 208053 11/14/2008 010940 GOODYEAR WHOLESALE TIRE CNTR, 3,975.83 10/2812008 126902 PO-TIRES - STOCK 1,658.70 10/13/2008 126451 PO-TIRES - STOCK 975.29 10/15/2008 126549 PO-TIRES - STOCK 1,341.84 208054 11/14/2008 009928 GORDON THOMAS HONEYWELL, 5,166.34 10/3112008 Gl0012 AG#05-26 FEDERAL LOBBYIST- 5,166.34 10/31/2008 Gl0012 AG#05-26 FEDERAL LOBBYIST- 5,166.34 10/31/2008 Gl0012 AG#05-26 FEDERAL LOBBYIST- -5,166.34 208055 11/14/2008 003390 GORDON, STAN 275.00 10/22/2008 GORDON 2008 PD-CLOTHING ALLOWANCE GORDON 275.00 208056 11/14/2008 001992 GOSNEY MOTOR PARTS, 344.35 10/29/2008 406040 MSFL T-REPAIR SUPPLIES 106.29 10/30/2008 406220 MSFL T-DE-ICER 238.06 208057 11/14/2008 002547 GRAINGER INC, 831.55 10/2812008 9766370184 FVVCC-V BELTS & FIXTURES 119.05 10/28/2008 9766514252 FVVCC-DISPOSABLE GLOVES 119.04 10/28/2008 9766514260 FVVCC-DOOR THRESHOLD 9.31 10/16/2008 9757683470 FVVCC-60A 3 POLE & BATTERY 188.06 10/16/2008 9757683488 FVVCC-BUFFER PADS 44.47 10/10/2008 9753536045 FVVCC-DISPOSABLE GLOVES 198.38 172 Bank of America Page 25 of 34 Check. No. Date Vendor lnv Date Invoice Description Amount Check. Total 10/10/2008 9753536045 FVVCC-RESPtRA TOR MASKS 153.24 208058 11/14/2008 011115 GROUP HEAL TH- RESIDENCY, 150.00 10/28/2008 28116 DBC-DAMAGE DEPOSIT REFUND 150.00 208059 11/14/2008 003831 GSR POLYGRAPH SERVICES, 450.00 10/31/2008 08-025 PO-POL YGRAPH EXAMS 450.00 208060 11/14/2008 011116 GYM TEC REPAIR LLC, 119.90 10/6/2008 77 FINCC-GYM FLOOR REPAIR/MAINT 119.90 208061 11/14/2008 011112 HANSEN,KAREN 25.00 11/6/2008 03-62059 REFUND PO-REFUND ALARM PERMIT FEE- 25.00 208062 11/1412008 011106 HARKNESS, TERI 49.19 10/28/2008 523916 FINCC-ACCT ADJ REFUND 49.19 208063 11/14/2008 010679 HDR ARCHITECTURE, INC, 19.31 10/8/2008 52644-H PARKS-PROJECT MGMT CONSULTING 19.31 208064 11/14/2008 003841 HEAD-QUARTERS PTS, 702.75 11/112008 20210 PARKS-AG06-052 PORTABLE TOILET 572.25 8/29/2008 19794 PRCS-SANICAN - MOVIE @ THE PAR 130.50 208065 11/14/2008 002477 HOME DEPOT-DEPT 32-2500780030, 76.83 10/28/2008 OCTOBER 2008 PKKFT-BATTERIES 47.15 10/28/2008 OCTOBER 2008 PKM-RELlEF VALVE & PLIERS 29.68 208066 11/14/2008 011102 HUTCHINSON, KEVIN 91.00 10/30/2008 HUTCHINSON-2008 PRCS-ADMISSION FEE-KANGAROO FA 91.00 208067 11/14/2008 000367 IIMC-INTL INST OF MUN CLERKS, 115.00 10/23/2008 21887 RENEWAL MSC-K ROE IIMC MEMBERSHIP DUES 115.00 208068 11/14/2008 009382 INGALlINAS BOX LUNCH, 84.75 11/4/2008 361269 CC-11/4/08 SPECIAL MEETING FOO 84.75 208069 11/14/2008 007109 INTERCOM LANGUAGE SVCS, 3,294.03 10/31/2008 08-366 MC-INTERPRETER SVCS 3,294.03 208070 11/14/2008 009079 J AND Y INVESTMENT LLC, 275.00 11n12008 NOVEMBER 2008 MSF-AG05-126 W1FI SITE LEASE 7 275.00 208071 11/14/2008 005014 JACKSON GRAPHIC DESIGN INC, 510.00 8/1312008 2437 CM/ED - DESIGN SERVICES FOR AD 255.00 8/18/2008 2438 CM/ED - DESIGN SERVICES FOR AD 255.00 208072 11/14/2008 010605 JACOBSON, ELIZABETH 897.60 11/5/2008 OCTOBER 2008 PRCS-BALLROOM DANCE CLASSES- 897.60 208073 11/1412008 010838 JOHNSON, STEPHEN G 250.00 10/28/2008 OCTOBER 28, 2008 CM-AG08-095 CONFLICT DEFENDER 250.00 208074 11/14/2008 004659 KA YE-SMITH BUSINESS GRAPHICS, 582.75 10/20/2008 58640 MC-NOTICE OF HEARING FORMS 582.75 208075 11/14/2008 007433 KING CO DEPT OF TRANSPORTATION, 5,621.50 10/212008 51652 PWTR-AG08-129 COMMUTE TRIP RED 5,621.50 208076 11/14/2008 000125 KING COUNTY FINANCE DIVISION, 116,857.57 10/6/2008 1503821 PWST-9/08-ALGONA TS-SOLlD WAST 38.32 10/6/2008 1503821 PWST-9/08-ALGONA TS-SOLlD WAST 29,282.20 5/16/2008 1487996 PWTR-(4/08)BSC SIGN/MRKNGS MTN 3,954.79 10/15/2008 1504981 PWST-9/08DISC INVST OWEST 21 ST 555.95 10/21/2008 1505326 AG03-161:11/08-I-NET SVCS BILL 662.35 10/21/2008 1505326 AG03-161:11/08-I-NET SVCS BILL 91.71 10/21/2008 1505326 AG03-161:11/08-t-NET SVCS BILL 264.94 10/21/2008 1505886 PD-{9/08} KING CO JAIL- 32,614.95 10/15/2008 1504981 PWST-9/08-DISC INVST SAFE CITI 156.80 10/15/2008 1504975 PWST-9/08 DISC INVST BRIDGE IN 41.90 10/15/2008 1504977 PWT-(9/08) DISC INVSTGTN FYA- 3,819.65 10/15/2008 1504977 PWT-9/08 DISC INSTG SR99 PH II 2,593.20 10/15/2008 1504977 PWT-9/0B-DISC INVST N.SHORE VI 357.02 10/15/2008 1504977 PWST-9/08-DISC INVST BANNER BA 362.82 10/15/2008 1504978 PWTR-(9/08)BSC SIGNIMRKNGS MTN 13,877 .90 10/15/2008 1504981 PWT-(9/08) DISC INVSTGTN TRFFC 11,167.00 10/15/2008 1504981 PWT-9/0B-DISC INVST FYA 3,471.65 10/15/2008 1504981 PWT-9/08-DISC INVST CITY ENTRY 2,097.04 10/15/2008 1504981 PWST-9/08 DISC INVST CITY CNTR 469.49 10/15/2008 1504981 PWST-9/08 DISC INVST 348TH HOV 3,885.61 10/15/2008 1504981 PWST-9/08-DISC INVST TRIATHLON 7,092.28 173 Bank of America Page 26 of 34 Check No. Date Vendor lov Date Invoice Description Amount Check Total 208077 11/1412008 000376 KING COUNTY FINANCE DIVISION, 6,099.00 10/15/2008 WRIA9-4407 SWM-AG#01-096 WRI WATERSHED BA 6,099.00 208078 11/1412008 005568 KING COUNTY FLEET ADM DIVISION, 755.25 10/27/2008 204193 MSFL T-FRONT AXEL BEARING REPAI 755.25 208079 11/1412008 003898 KING COUNTY RADIO, 8,351.06 10/3/2008 00415930 MSTEl-RADIO SERVICES - 157.50 9/26/2008 00416070 MSTEL-RADIO SERVICES - 55.64 9/26/2008 00416395 MSTEL-RADIO SERVICES - 55.64 10/20/2008 2008-10-20 MSTEl-RADIO SERVICES - 8,082.28 208080 11/14/2008 003137 KING COUNTY TREASURY DIVISION. 13.32 11/5/2008 218820400503 PARK5-2oo7/2008 NOX WEED TAX 13.32 208081 11/14/2008 005064 KOCH MAR, LINDA 13.56 11f712008 OCTOBER 2008 CC-10/08 CEll REIMB. KaCHMAR 13.56 208082 11/14/2008 005773 KOREAN VIIOMEN'S ASSOCIATION, 523.16 10/21/2008 04-00898 REFUND CD-04-00898 KWA 08-102930 REFU 523.16 208083 11/1412008 003399 KVASNYUK, NIKOLAY 108.19 9/23/2008 09/23/08 MC-INTERPRETER SVCS 108.19 208084 11/14/2008 007050 LAW OFFICES OF HAL GEIERSBACH, 26,986.00 11/1/2008 91 AG02-125A:11/08-PUBLlC DEFENDE 5,411.60 11/1/2008 91 AG02-125A:llI08-PUBLlC DEFENDE 17 ,600.00 11/1/2008 91 AG02-125A:llI08-PUBLlC DEFENDE 3,974.40 208085 11/14/2008 006144 lEGEND DATA SYSTEMS INC., 182.58 10/16/2008 69571 PO-BADGE HOLDERS 182.58 208086 11/14/2008 000675 lERN, 395.00 10/9/2008 12500-08 PRCS-LERN 2008 MEMBERSHIP DUES 395.00 208087 11/14/2008 003157 lES SCHWAB TIRE CTRS OF WA INC, 363.57 10/15/2008 395885 MSFLT-TIRE REPAIR 363.57 208088 11/14/2008 000630 llOYD ENTERPRISES INC, 998.17 10/14/2008 125358 PWST-DUMP ASPHALT 33.08 10/30/2008 125817 PWST-TOPSOIL 22.89 10/27/2008 125676 PWST-CONCRETE MIX 36.87 8/26/2008 123664 PKCP-SCREENED SAND 905.33 208089 11/14/2008 005339 LOWE'S HIW INC, 361.02 10/27/2008 14893 PO-SHOWER CURTAINS lOCKER RM W 95.57 10/29/2008 02115 PKM-PADlOCK KEY 12.82 11/4/2008 02860 PWST-6' FG STEP - CHRISTMAS LI 86.11 10/22/2008 02116 PKM-CABlE TIES 40.58 10/22/2008 23032 DBC-TOWEl BAR, PLIERS, REPAIR 171.62 10/22/2008 23032 DBC-RETURN TOWEL BAR -45.68 208090 11/14/2008 009433 MAKSIMOV, YURI 129.25 10/23/2008 10/23/08 MC-INTERPRETER SVCS 129.25 208091 11/14/2008 005406 MAYBERRY, MITCHEL 1,033.60 11/4/2008 FALL 2008 PRCS-AG06-Q40 MARTIAL ARTS CLA 1,033.60 208092 11/14/2008 005876 MCVAY, PAT 250.00 11/4/2008 1871 PRCS-ClEAN,VARNISH SCULPTURE 250.00 208093 11/14/2008 005470 MIRAI ASSOCIATES, 6,580.00 10/15/2008 59431-4 PwrR-AG08-060 IMPACT FEE PROGR 4,620.00 9/24/2008 58737-2 PwrR-AG08-060 IMPACT FEE PROGR -1,932.48 9/24/2008 58737-2 PwrR-AG08-060 IMPACT FEE PROGR 3,892.48 208094 11/14/2008 008029 MONTES DE OCA RICKS; MARIA 344.90 11/4/2008 11/04/08 MC-INTERPRETER SVCS 184.95 10/28/2008 10/28/08 MC-INTERPRETER SVCS 159.95 208095 11/14/2008 001052 NAPA AUTO PARTS, 94.03 10/28/2008 001653 MSFl T-W1PER BLADES 25.27 10/22/2008 001009 PKM-MAINT SUPPLIES 68.76 208096 11/14/2008 010355 NEW HORIZONS COMPUTER, 1,860.00 10/23/2008 47967 MIS - MENTORED LEARNING - 5060 930.00 10/23/2008 47967 MIS - MENTORED LEARNING - 5061 . 1,395.00 10/23/2008 47967 MIS - MENTORED lEARNING DISCOU -465.00 208097 11/14/2008 000043 NEW LUMBER & HARDWARE COMPANY, 545.60 10/23/2008 231303 PWST-SAW BLADE 11.74 10/23/2008 231305 PWST-TAPE, AIR MAGNET, V\lD-40 19.77 174 Bank of America Page 27 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/27/2008 231419 PARKS-FVVCC-CARPET CLEANER, BRa 99.29 10/28/2008 231456 PWSWM-TAPE RULE 17.64 10/31/2008 231599 PARKS-FWCC-WASHER, CUTTING WHE 43.89 11/2/2008 231625 PARKS-FWCC-HAMMERITE, SLIP CAP 9.70 11/3/2008 231656 PWST-STEPLADDER 92.64 11/412008 231686 PWST-STEP LADDER 87.19 11/5/2008 231709 PWST-PLlERS 18.51 11/5/2008 231745 PWST-KEY 7.63 10/22/2008 231248 PARKS-FAC- CEDAR LUMBER 137.60 208098 11/14/2008 001391 NORTH COAST ELECTRIC COMPANY, 40.05 10/29/2008 S2511506.001 CD-SCREW DRIVER 15.99 10/10/2008 S2475422.001 MIS-TUBE PUTTY SAFE CITY 24.06 208099 11/14/2008 003736 NORTHVVEST TOWING INC, 289.40 10/24/2008 403072 PO-TOWING SERVICE 289.40 208100 11/14/2008 002623 OFFICEMAX CREDIT PLAN, 231.60 11/6/2008 OCTOBER 2008 OCT 2008 OFFICEMAX SUPPLIES 184.10 11/6/2008 OCTOBER 2008 MSF-LABELS, INDEX TABS - BUDGE 47.50 208101 11/14/2008 009341 OMNI LANDSCAPE SERVICES, 5,504.03 11/1/2008 36338 PARK-AG08-065 LANDSCAPING MAIN 5,276.56 11/1/2008 36338 PARK-AG08-065 LANDSCAPING MAIN 227.47 208102 11/14/2008 007444 ORCA PACIFIC INC, 2,417.20 10/23/2008 036446 FWCC-POOL MAINT SUPPLIES 674.42 10/16/2008 036360 FWCC-POOL MAINT SUPPLIES 290.05 10/30/2008 036549 FWCC-POOL MAINT SUPPLIES 847.38 10/14/2008 036315 FVVCC-POOL MAINT SUPPLIES 605.35 208103 11/14/2008 009920 OSAKA GARDEN SERVICE, INC, 15,625.16 10/1/2008 23902 PWST-AG07-Q10 9/08 ROW LAN DSCA 15,625.16 208104 11/14/2008 001691 OTAK INC, 170.23 10/13/2008 100881853 PW-RCPT 04-1000 EURO DAILY MAR 170.23 10/13/2008 100881853 PW-RCPT 04-1000 EURO DAILY MAR 170.23 10/13/2008 100881853 PW-RCPT 04-1000 EURO DAILY MAR -170.23 208105 11/14/2008 005741 OUTCOMES BY LEVY, 4,769.98 10/31/2008 OCTOBER 2008 AG03-191:(10/08)LOBBYIST SVCS- 4,769.98 208106 11/14/2008 000112 PACIFIC COAST FORD INC, 20,927.73 10/29/2008 FOCS157412 PO-LOF 161.58 10/29/2008 FOCS157412 PO-WIPER BLADES 18.70 10/29/2008 FOCS157412 PD-BRAKE SERVICE 309.58 10/29/2008 FOCS157412 PO-TRANSMISSION REPAIR 61.04 10/29/2008 FOCS157420 PO-LOF 73.32 10/29/2008 FOCS157451 PO-BRAKE SERVICE 308.73 10/29/2008 FOCS157451 PD-WlPER BLADES 19.25 10/29/2008 FOCS157451 PD-LOF 152.35 10/28/2008 FOCS 157384 PD-LOF 74.02 10/28/2008 FOCS 157384 PO-WIPER BLADES 18.70 10/28/2008 FOCS157384 PO-AUTO GLASS 287.25 10/2812008 FOCS157386 PD-BRAKE SERVICE 278.21 10/28/2008 FOCS 157386 PD-LOCKS/KEYS 183.64 10/2812008 Foes 157386 PO-TIRES 118.05 10/28/2008 FOCS157395 PO-TIRE REPAIR 65.18 10/28/2008 FOCS157424 PD-LOF 124.95 10/28/2008 FOCS157424 PO-WIPER BLADES 27.16 10/28/2008 FOCS157424 PD-ElECTRICAL SERVICES 4.58 10/27/2008 FOCS 157378 PD-LOF 83.35 10/27/2008 FOCS 157378 PO-WIPER BLADES 18.70 10/27/2008 FOCS157382 PO-LOF 172.78 10/27/2008 FOCS157382 PO-WIPER BLADES 18.70 10/27/2008 FOCS 157382 PO-TRANSMISSION 53.41 10/23/2008 FOCS 157226 PO-WIPER BLADES 18.70 10/23/2008 FOCS157226 PD-LOF 35.43 10/2312008 FOCS157296 PD-LOF 34.28 10/23/2008 FOCS 157304 PD-TIRE REPAIR 19.57 10/23/2008 FOCS 157305 PO-LOF 39.95 10/24/2008 FOCS 157297 PO-TIRE REPAIR 43.38 175 Bank of America Page 28 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/24/2008 FOCS157297 PO-WIPER BLADES 18.70 10/24/2008 FOCS157297 PO-BRAKE SERVICE 315.27 10/24/2008 FOCS157297 PD-lOF 86.83 10/2412008 FOCS157315 PD-lOF 35.41 10/24/2008 FOCS157328 PD-lOF 44.14 10/2412008 FOCS157328 PO-BRAKE SERVICE 171.41 10/24/2008 FOCS 157329 PD-lOF 171.12 10/24/2008 FOCS 157329 PO-WIPER BLADES 16.98 10/24/2008 FOCS 157329 PO-TRANSMISSION REPAIR 53.41 10/24/2008 FOCS 157330 MS-LOF 44.48 10/23/2008 300570 MS-PARTS 47.09 11/3/2008 FOCS157562 PO-TIRES 58.37 10/30/2008 FOCS157469 PD-lOF 35.41 10/31/2008 FOCS157493 PD-lOF 35.41 10/31/2008 FOCS157504 MS-lOCKS/KEYS 77.08 10/31/2008 FOCS 157524 MS-lOF 44.48 11/8/2008 P7069 PD-VIN 1FTPX12526KB81947 2006 16,847.60 208107 11/14/2008 004644 PACIFIC PLANTS INC, 2,812.20 10/28/2008 56091 PWST-STREET TREE REPlCMENT 2,005.60 10/28/2008 56092 PWST-STREET TREE REPLCMENT 806.60 208108 11114/2008 000885 PARKER PAINT MANUFACTURING CO, 88.74 10/30/2008 22243288 COB-PAINT & PAINT SUPPLIES 19.83 10/30/2008 22243290 COB-PAINT & PAINT SUPPLIES 68.91 208109 11/14/2008 010580 PETTY CASH - CM, 512.16 11/10/2008 CM-11/6/08 CM - MEALS REIMBURSEMENT FOR S 57.85 11/1012008 CM-11/6/08 CM - MEALS REIMBURSEMENT FOR N 54.75 11/1012008 CM-11/6/08 CC - MILEAGE REIMBURSEMENT FOR 85.59 11/10/2008 CM-11/6/08 CC - PARKING REIMBURSEMENT FOR 10.00 11/10/2008 CM-11/6108 LAW - MILEAGE REIMBURSEMENT FO 69.80 11/10/2008 CM-11/6/08 CM - REFRESHMENTS FOR L TAC MEE 8.38 11/10/2008 CM-11/6/08 LAW - COPIES FOR CASE 3.80 11/10/2008 CM-11/6/08 CC - MILEAGE REIMBURSEMENT FOR ~ 89.51 11/1 0/2008 CM-11/6/08 CC - MILEAGE REIMBURSEMENT FOR 46.80 11/10/2008 CM-1116/08 CM - PARKING REIMBURSEMENT FOR 3.00 11/10/2008 CM-11/6/08 PW-SWM - PRINTING COSTS 25.48 11/10/2008 CM-11/6/08 CM - MEAL REIMBURSEMENT FOR NE 43.75 11/1012008 CM-11/6/08 LAW - MILEAGE REIMBURSEMENT FO 13.45 208110 11/14/2008 001166 PETTY CASH - F\J\K;C, 389.95 11/10/2008 FWCC-10/31/08 PRCS-MILEAGE REIMBURSEMENT 18.25 11/10/2008 FWCC-10/31/08 PRCS-COFFEE SUPPLIES FOR PRESC 40.65 11/10/2008 FWCC-10/31/08 PRCS-CAKES FOR KFT 10TH ANNIVE 52.97 11/10/2008 F\J\K;C-10/31/08 PRCS-SR TRIP, PUYALLUP FAIR AD 45.50 11/10/2008 FWCC-10/31/08 PRCS-SR TRIP, PUYALLUP FAIR PA 10.00 11/10/2008 F\J\K;C-10/31/08 PRCS-RICK POCKETS FOR SUMMER 0 8.97 11/10/2008 F\J\K;C-1 0/31 108 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PKM-11/13/08 PKM-PETTY CASH FUND/MILEAGEIWR 40.36 208112 11/14/2008 005235 PETTY CASH-CHANGE FUND, 58.55 11/12/2008 MG-11/12/08 MUN1COURTCHANGEFUND 16.93 176 Bank of America Page 29 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 11/12/2008 MC-11/12/08 MUNICOURTCHANGEFUND 41.62 208113 11/14/2008 002822 PETTY CASH-DUMAS BAY CENTRE, 78.54 11/10/2008 DBC-11-10-08 PKDBC-FRUIT:FOOO SERVICE 13.06 11/10/2008 DBC-11-10-08 PKDBC-LETTUCE:FOOD SERVICE 3.58 11/10/2008 DBC-l1-10-08 PKKFT-MILEAGE:DANNY VOGT 35.57 11/10/2008 DBC-11-10-08 PKKFT -MILEAGE:DANNY VOGT 26.33 208114 11/14/2008 006241 PETTY CASH-POLICE DEPT, 288.56 11/10/2008 PD-11f7108 PD- T ABS:VEHICLE L1CENSING- 93.75 11/10/2008 PD-11f7108 PO-REFRESHMENTS:JUVEN ILE- 14.51 11/10/2008 PD-11f7108 PD-120V ALARM BATTERY- 37.59 11/10/2008 PD-l1f7108 PD-COFFEE FOR VOLUNTEER- 96.18 11/10/2008 PD-11f7108 PO-MILEAGE REIMBURSEMENT- 46.53 208115 11/14/2008 006993 PFX PET SUPPLY INC. 412.90 10/29/2008 CD11290947 PD-K9 FOOD 412.90 208116 11/14/2008 000697 PIERCE COUNTY BUDGET & FINANCE, 214.63 10/21/2008 C98431 MSHR-BARRIERS TO COMMUNICATION 214.63 208117 11/14/2008 009791 PIRTEK KENT, 321.77 10/31/2008 S1248765.001 MSFL T-HOSE REPLCMENT 321.77 208118 11/14/2008 000808 PLATT ELECTRIC SUPPLY, 103.34 10/23/2008 5099763 PKKFT-ELECTRICAL SUPPLIES 103.34 208119 11/14/2008 003725 POTTS, RONALD 350.61 11/4/2008 POTTS 2008 PD-PHOTOMODELER TRN POTTS 67.62 11/4/2008 POTTS 2008 PD-PHOTOMOOELER TRN POTTS 219.99 11/4/2008 POTTS 2008 PD-PHOTOMODELER TRN POTTS 63.00 208120 11/14/2008 010647 PRECISION COLLISION, 211.90 10/23/2008 43333 MSFLT-BUMPER REPAIRS 211.90 208121 11/14/2008 010845 PRIORITY PRINT MANAGEMENT INC, 167.86 10/27/2008 00025105 SWR-PRINTING SERVICES; FREE SH 167.86 208122 11/14/2008 009960 PROFORCE LAW ENFORCEMENT, 4,848.32 10/27/2008 49230 PO-REPLACE TASERS- 4,739.37 10/15/2008 48603 PO- T ASER HOLSTER 108.95 208123 11/14/2008 009960 PROFORCE LAW ENFORCEMENT, 4,138.84 10/28/2008 49274 PD-TASER CARTRIDGES, TASERS 4,138.84 208124 11/14/2008 008701 PUGET SOUND SERVICES, 2,400.00 11/1/2008 0244 FVVCC-11/08 JANITORAL CLEANING 2,400.00 208125 11/14/2008 000202 QVVEST, 81.21 10/29/2008 253-874-0644 740B MC-11/08 JUDGE FAX MCHN CHRGS 48.67 10/25/2008 253-942-7800 452B MC-(11108) JUDGE FAX MCHN CHRG 32.54 208126 11/14/2008 010187 RASOR, EVA EDLA 90.00 11/3/2008 OCTOBER 2008 FWCC-AG07-095 EXERCISE TRAININ 90.00 208127 11/14/2008 001299 REPROGRAPHICS NORTHWEST, 646.50 10/16/2008 03-321149 PWTR-PRINTING SERVICES; CITY C 646.50 208128 11114/2008 004317 RITZ CAMERA ONE HOUR PHOTO, 34.83 6/30/2008 1026052640 PO-INHOUSE VIDEO TO DVD 34.83 208129 11/14/2008 007107 ROEDA SIGNS INC & SCREENTECH, 64.81 10/22/2008 88133 SWR-RECYCLE LOGO; INVOICE # 88 64.81 208130 11/14/2008 008954 ROSE, HOLLY 85.41 10/30/2008 ROSE 2008 PKKFT-8/08-10/08 MILEAGE-ROSE 85.41 208131 11114/2008 011111 RYAN & ASSOC PUBLIC RELATIONS. 595.00 11/10/2008 4609 PO-TUITION FEE:PIO BOOT CAMP- 595.00 208132 11/14/2008 006657 S C I INFRASTRUCTURE LLC, 405,171.20 10/31/2008 AG07-065 #18 PWST-AG07-065 PAC HWY S HOV PH 405,171.20 208133 11/14/2008 005508 SAFAROVA-OO~EY, ALMIRA 291.32 11/4/2008 11/04/08 MC-INTERPRETER SVCS 164.41 10/28/2008 10/28/08 MC-INTERPRETER SVCS 126.91 208134 11/14/2008 003726 SAFEWA Y STORE #1555, 29.50 10/16/2008 1669439 PRCS-F-DUB HARVEST PARTY 29.50 208135 11/14/2008 011114 SAMARITAN CENTER OF PGT SOUND, 104.01 10/28/2008 28117 DBC-DAMAGE DEPOSIT REFUND 104.01 208136 11/14/2008 003174 SAN DIEGO POLICE EQUIPMENT CO, 12,062.48 10/22/2008 586438 PO-PRACTICE AMMO 12,062.48 208137 11/14/2008 010523 SBS OF AMERICA, 6,363.98 177 Bank of America Page 30 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 11/1/2008 21625 CHB-AG07-194 JANITORIAL SVC- 5,683.98 11/1/2008 21626 PKM-AG07-194 JANITORIAL SVC- 620.00 11/112008 21627 PS-AG07-194 JANITORIAL SVC- 60.00 208138 11/14/2008 006418 SCHROCK, CATHY 1,008.00 11/7/2008 SCHROCK 2008 MSHR- TUITION REIMB. SCHROCK 1,008.00 208139 11/14/2008 000351 SEATTLE TIMES, 16.00 9/3012008 00915320 FWCC-SEATTlE TIMES SUBSCRIPTIO 16.00 208140 11/14/2008 001213 SECOMA FENCE INC, 600.59 10/28/2008 7271 PWSCIP-FENCING; SR 99 HOV lANE 600.59 208141 11/14/2008 011104 SEGI-NGUYEN, NAOMI 41.33 10/28/2008 523917 FVVCe-ACCT ADJ REFUND 41.33 208142 11/14/2008 009612 SEI, 197.15 10/20/2008 6303 PRCS-ST AFF CLOTHING 197.15 208143 11/1412008 001988 SE~VICE LINEN SUPPLY, 51.54 10/27/2008 1027/1299 PRCS-lINEN SERVICE 26.73 10/20/2008 1020/5429 PRCS-lINEN SERVICE 24.81 208144 11/14/2008 009939 SMITH, KELLY 592.44 11/4/2008 SMITH 2008 PD-SWAT PATCHESIGEAR POUCHES 29.95 11/4/2008 SMITH 2008 PD-SWAT PATCHES/GEAR POUCHES 562.49 208145 11/14/2008 004963 SOUND PUBLISHING INC, 245.14 10/22/2008 131790 CDPL-l0/22/08LEGAL NOTICE 129.78 10/15/2008 129417 CDP-l0/15/08LEGAL NOTICE 115.36 208146 11/14/2008 004910 SPACESAVER NORTHWEST, 394.06 5/29/2008 505457 CO-lASER PRINT COLOR-CODED lAB 247.38 5/29/2008 505459 CO-lASER PRINT COLOR-CODED lAB 73.10 11/4/2008 505711 CD-lASER PRINT COLOR-CODED lAB 73.58 208147 11/14/2008 007186 SPECiAl INTEREST TOVVlNG, 185.13 10/30/2008 131203 PD- TOWING SERVICE 185.13 208148 11/1412008 001618 SPEEDY GlASS - TACOMA, 578.19 10/20/2008 9172-1190739 PD-VV1NDSHIELD REPlACEMENT 263.44 10/17/2008 9172-1189853 PD-WlNDSHIElD REPlACEMENT 314.75 208149 11/14/2008 002548 SPRAGUE PEST CONTROL, 92.65 10/31/2008 1008380 PKDBe-PEST CONTROL SVC 92.65 208150 11/14/2008 004701 SPRINT, 8,426.26 1 0/18/2008 796588811-011 MSTEl-l0/08 CelLUlAR AIRTIME 1,264.41 10/18/2008 796588811-011 MSTEL-l0/08 CELLUlAR AIRTIME 1,746.10 10/28/2008 400102318-083 MSTEL-(10/08) CELLUlAR AIRTIME 2,274.62 10/28/2008 400102318-083 MSTEL-(10/08) CelLUlAR AIRTIME 3,141.13 208151 11/14/2008 005081 STAGECRAFT INDUSTRIES INC, 436.00 10/13/2008 2383 PKKFT -CLEAN DIMMER RACKS 436.00 208152 11/14/2008 009566 STAPLES BUSINESS ADVANTAGE, 491.47 11/1/2008 8011007355 OCT 2008 OFFICE SUPPLIES STAPL 101.86 11/1/2008 8011007355 OCT 2008 OFFICE SUPPLIES STAPL 85.87 11/1/2008 8011007355 OCT 2008 OFFICE SUPPLIES STAPL 40.50 11/1/2008 8011007355 OCT 2008 OFFICE SUPPLIES STAPL 263.24 208153 11/14/2008 003704 STRAY, JOHN 500.00 11/10/2008 STRAY 2008 PD-INCINTIVE RECRUITING BONUS 500.00 208154 11/14/2008 003896 SUMMIT lAW GROUP, 8,750.00 10/15/2008 39545 LAW-AG08-130 GUILD NEGOTIATION 8,750.00 208155 11/14/2008 005738 SUNBIRDS SHOPPING CENTER, 108.37 11/5/2008 101525 PWST-CLOTHING AND FOOTWEAR; IN 108.37 208156 11/14/2008 00n10 SUPERIOR LINEN SERVICE, 89.88 10/20/2008 02305 DBe-lINEN SERVICE 29.96 11/3/2008 06632 DBC-lINEN SERVICE 29.96 10/27/2008 04389 DBC-lINEN SERVICE 29.96 208157 11/14/2008 007990 SYMBOlARTS LLC, 250.00 9/23/2008 0100069-IN PD-CHIEF COINS 250.00 208158 11/14/2008 009523 SYSTEMS FOR PUBLIC SAFETY, 1,598.76 10/28/2008 11202 PD-INSTALL BATTERY BRAIN 194.78 10/28/2008 11202 PD-INSTALL BATTERY BRAIN -194.78 10/28/2008 11203 PD-INSTALL BATTERY BRAIN 235.06 10/28/2008 11203 PO-INSTALL BATTERY BRAIN -235.06 178 Bank of America Page 31 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/28/2008 11174 PO-CHARGING SYSTEM TESTING 38.35 10/28/2008 11193 PO-LED ROCKER SWITCH 139.34 10/28/2008 11202 PO-INSTALL BATTERY BRAIN 194.78 10/28/2008 11203 PO-INSTALL BATTERY BRAIN 235.06 10/31/2008 11224 PO-BATTERY 286.69 10/31/2008 11237 PO-OLF, ANTENNA 206.77 10/31/2008 11238 PO-STRIP OUT 380.80 10/16/2008 11151 PO-REPAIR BLUE LIGHT MODULE 40.27 10/16/2008 11158 PO-INSPECT, CAR SENT TO DEALER 76.70 208159 11/14/2008 011110 TA'AMU, SAVALI 70.00 11/4/2008 28209 OBC-DAMAGE DEPOSIT REFUND 70.00 208160 11/14/2008 000588 TACOMA PUBLIC UTILITIES, 914.75 10/22/2008 100048250 PKDBC/KFT-10/08 PUBLIC UTILlTI 310.85 10/22/2008 100048250 PKDBC/KFT-10/08 PUBLIC UTILlTI 155.40 10/28/2008 100529210 PARKS-10/08 5039 DASH PTWATER . 448.50 208161 11/14/2008 002176 TACOMA SCREW PRODUCTS INC, 28.54 10/24/2008 13823558 PWST-REPAlR AND MAINTENANCE SU 28.54 208162 11/14/2008 008470 TACTICAL DESIGN LABS, 32.00 11/3/2008 6136 PO-SOFT COVER HOLSTER 32.00 208163 11/14/2008 009823 TANGEN MARKETING AND, 360.00 9/212008 2106 PRCS-7/08-8/08 MARKETING SVCS 360.00 208164 11/14/2008 008316 TELECOM TECHNOLOGIES INC, 863.00 10/29/2008 S32826 IT-POL YCOM SOU NOSTA TION2- 694.00 10/29/2008 S32826 IT- EXTENDED MICS FOR THE POLY 159.00 10/29/2008 S32826 Freight 10.00 208165 11/14/2008 009936 THE ACTIVE NETVVORK, 1,207.72 7/31/2008 1000000794 FVVCC-OATACARDS & RIBBONS 603.86 10/24/2008 1000006205 FVVCC-DATA CARDS & RIBBONS 603.86 208166 11/14/2008 006033 THE FAB SHOP LLC, 404.74 10/1/2008 13760 COB-PICK-UP CAB RACKS 404.74 208167 11/14/2008 005344 THE FRAUSE GROUP INC, 4,547.32 9/30/2008 0908-5297 SWM-AG08-110 NATURAL YARD PROG 1,287.56 9/30/2008 0908-5298 SWM-AG08-097 RESTAURANT EOUC. 3,259.76 208168 11/14/2008 001424 THYSSENKRUPP ELEVATOR INC, 800.56 11/1/2008 775222 CHB-ElEVA TOR MAINTIINSPECTION 195.60 11/1/2008 775221 FWCC-ELEVATOR MAINT. 604.96 208169 11/14/2008 004218 TIMCO INC, 58.53 10/24/2008 179621 PWST-RUBBER DUST PLUG & CAP 58.53 208170 11/14/2008 005046 TIRE DISTRIBUTION SYSTEMS INC, 1,318.13 10/22/2008 910-187869 MSFlT-WHEEL & TIRE REPAIRS 127.94 10/21/2008 910-187787 MSFLT-WHEEL & TIRE REPAIRS 1,190.19 208171 11/14/2008 011109 TOKKO, YUN 122.62 11/4/2008 OCTOBER 2, 2008 FWCC-CANCEL MEMBERSHIP REFUND 122.62 208172 11/14/2008 008902 TRI-CITY MEATS, 931.43 10/17/2008 219468 PKDBC-CA TERING SUPPLIES 126.74 10117/2008 219481 PKDBC-CATERING SUPPLIES 38.96 10/24/2008 219677 PKDBC-CATERING SUPPLIES 354.39 10/24/2008 219678 PKDBC-CATERING SUPPLIES 31.62 10/15/2008 219398 PKDBC-CATERING SUPPLIES 379.72 208173 11/14/2008 009185 TRIVAN TRUCK BODY LLC, 364.91 10/28/2008 3739 PD-11118" FLOORING 364.91 208174 11/14/2008 010596 TUCKER,DAVE 3,600.00 10/23/2008 JANUARY 25, 2008 PKKFT-DIRECTING & RIGHTS TO PL 3,600.00 208175 11/14/2008 002426 UNITED GROCERS CASH & CARRY, 901.77 10/19/2008 109301 DBC-CATERING SUPPLIES 30.21 10/1812008 109017 DBC-CA TERING SUPPLIES 137.00 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208178 11/14/2008 001592 UNITED WAY OF KING COUNTY, 2,339.45 11/1212008 2008 CAMPAIGN 2008 UWCAMPAIGN VACATION/AUCT 1,264.25 11/12/2008 2008 CAMPAIGN 2008 UW CAMPAIGN CHllJICAKE WA 318.25 11/12/2008 2008 CAMPAIGN 2008 UW CAMPAIGN BOOK/SPELLING 106.95 11/12/2008 2008 CAMPAIGN 2008 UW CAMPAIGN ONE TIME DONA 650.00 208179 11/14/2008 005648 UNITED WAY OF PIERCE COUNTY, 1,739.45 11/12/2008 2008 CAMPAIGN 2008 UWCAMPAIGN VACATION/AUCT 1,264.25 11/12/2008 2008 CAMPAIGN 2008 UW CAMPAIGN CHllJICAKE WA 318.25 11/1212008 2008 CAMPAIGN 2008 UW CAMPAIGN BOOK/SPELLING 106.95 11/12/2008 2008 CAMPAIGN 2008 UWCAMPAIGN ONE TIME DONA 50.00 208180 11/14/2008 005715 USA MOBILITY WIRELESS, 50.98 11/1/2008 R6163838K MSTEL-11/08 PAGER LEASE- 26.51 11/1/2008 R6163838K MSTEL-11/08 PAGER LEASE- 24.47 208181 11/14/2008 003563 VALLEY COMMUNICATIONS CENTER, 1,020.00 10/24/2008 0007923 PD-10/08 MDT USER FEE- 1,020.00 208182 11/14/2008 005306 VICTORIA A INC, 489.41 7/15/2008 2110 PO-LEATHER JACKET 489.41 208183 11/14/2008 003528 WA STATE CRIMINAL JUSTICE, 1,000.00 10/31/2008 2009-1191 PD-HGN INS LEVEL 2 TRNG- 1,000.00 208184 11/14/2008 000253 WA STATE DEPT OF TRANSPORTATN, 8,202.48 10/1412008 RE-313-ATB81014084 PW-AG90-7A 2008 WSDOT STATE RO 5,741.74 10/14/2008 RE-313-ATB81014084 PW-AG90-7A 2008 WSDOT STATE RO 2,460.74 208185 11/14/2008 000253 WA STATE DEPT OF TRANSPORTATN, 500.00 10/28/2008 05-00994 REFUND CD-05-00994 WSDOT 08-103468 500.00 208186 11/14/2008 003825 WA STATE DEPT OF TRANSPORTATN, 7,722.50 7/10/2008 JA6248 UJA6248 PWTR-AG07-177 CITY CNTR ACCESS 7,332.87 11/21/2008 RE-313-ATB81014134 PWSCIP-PROJECT MANAGEMENT; SR 65.82 10/14/2008 JA6248 UJA6248 PWTR-AG07-177 CITY CNTR ACCESS 323.81 208187 11/14/2008 000280 WA STATE EMPLOYMENT SECURITY, 5,791.20 10/11/2008 601 223538 MSRM-3RD QTR 2008 UI TAX 4,896.13 10/11/2008 601 223 538 MSRM-3RD QTR 2008 UI TAX 895.07 208188 11/14/2008 000340 WA STATE INFORMATION SERVICES, 952.99 10/31/2008 2008100190 MSTEL-(10/08) SCAN SERVICE 419.32 10/31/2008 2008100190 MSTEL-(10/08) SCAN SERVICE 476.50 10/31/2008 2008100190 MSTEL-(10/08) SCAN SERVICE 57.17 208189 11/14/2008 000061 WA STATE REVENUE DEPARTMENT. 26,152.22 11/1012008 601-223-5385 MSF-10/08-REMIT USE TAX- 3,927.44 11/10/2008 601-223-5385 MSF-10/08-REMIT SALES TAX 42.06 11/10/2008 601-223-5385 MSF-10/08-REMIT SALES TAX 2,190.43 11/10/2008 601-223-5385 MSF-10/08-REMIT SALES TAX-F\lVCC 3,737.64 11/10/2008 601-223-5385 MSF-10/08-REMIT SAlES TAX DBC 4,823.08 11/10/2008 601.223-5385 MSF-10/08 REMIT SALES TAX F\lVCC 971.92 11/10/2008 601-223-5385 MSF-10/08-REMIT SVC TAXlPW STO 10,459.69 11/10/2008 601-223-5385 MSF-10/08-REMIT SALES TAX Dac 3,130.85 11/10/2008 601-223-5385 MSF-10/08-REMIT SALES TAX DBC -3,130.85 11/1012008 601-223-5385 MSF-10/08-REMIT EXC TAX (ROUND -0.04 208190 11/14/2008 006853 WAHl, PRAN 132.76 11/4/2008 11/04/08 MC-INTERPRETER SVCS 132.76 208191 11/14/2008 006007 WALKER ACE HARDWARE, 31.59 10/2212008 004116 DBC- TOWEL BAR 19.60 180 Bank of America Page 33 of 34 Check No. Date Vendor Jnv Date Invoice Description Amount Check Total 81712008 003925 PKKFT-FASTENERS 3.27 8/812008 003928 PKKFT -FASTENERS 8.72 208192 11/14/2008 002848 WASHINGTON FORESTRY CONSULTANT, 992.43 1212812006 3953 PKMT-TREE & SITE DAMAGE APPRAI 992.43 208193 11/14/2008 010598 WASHINGTON LEGAL MESSENGERS, 75.00 10/16/2008 169940 COB-LEGAL MESSENGER SVC 75.00 208194 11/14/2008 000783 WASTE MANAGEMENT, 7,772.08 10/20/2008 80021201 SWR-RECYCLE EVENT DISPOSAL 6,894.32 10/24/2008 80025201 SWR-RECYCLE BILLING INSERTS 877.76 208195 11/14/2008 005565 WELCOME COMMUNICATIONS, 164.04 10/2212008 6328 PO - NX9110 LAPTOP BATTERY- 164.04 208196 11/14/2008 003500 WESCOM COMMUNICATIONS, 555.90 10/4/2008 18885 PO-CALIBRATE RADAR SYSTEM 163.50 10/20/2008 18860 PO-CALIBRATE RADAR SYSTEM 98.10 10120/2008 18861 PD-CALlBRATE RADAR SYSTEM 98.10 10/23/2008 18877 PD-CALJBRA TE RADAR SYSTEM 98.10 10/27/2008 18879 PO-CALIBRATE RADAR SYSTEM 98.10 208197 11/14/2008 003444 WEST CAMPUS CLEANERS, 1,093.75 10/31/2008 OCTOBER 2008 PD-AG07-135 DRY CLEANING SVCS- 1,093.75 208198 11/14/2008 000541 WESTERN EQUIPMENT DISTRIBUTORS, 214.73 10/31/2008 573039 MSFL T-REPAIR DECK 214.73 208199 11/14/2008 009514 WESTSloE CONCRETE ACCESSORIES, 159.77 10/6/2008 0666170-IN PWST-CONCRETE SUPPLIES; INVOIC 159.77 208200 11/14/2008 005680 WILD WEST INTERNATIONAL LLC, 17.41 10/31/2008 5365 PO-FIRING RANGE FEE SVCS 17.41 208201 11/14/2008 010529 WILL, DEB 250.00 10/10/2008 OCTOBER 10, 2008 MSHR-NUTRITJON LECTURE 250.00 208202 11/14/2008 001206 WSSUA-WA STATE SOFTBALL UMPIRE, 859.00 10/26/2008 355 PRCS-SOFTBALL UMPIRES SVCS 859.00 1008379311/5/2008 009467 US BANK, 9,892.25 10/27/2008 10083793 PS-VISORS FOR NEW CHARGERS 231.19 10/27/2008 10083793 PD-IDENTITRUST CERTIFICATE RE 21.76 10/27/2008 10083793 PO-COPS EXPO K GREGORY 30.00 10/27/2008 10083793 PD-IDENTITRUST CERTIFICATE RE 21.76 10/27/2008 10083793 PO-SPILLMAN CONF. B WILSON 36.00 10/27/2008 10083793 PO-SPILLMAN CONF. B WILSON 110.28 10/27/2008 10083793 PD-IDENTITRUST CERTIFICATE RE 21.76 10/27/2008 10083793 PD-FBINM CONF. S NEAL- 40.00 10/27/2008 10083793 PD-FBINM CONF. K SUMPTER- 55.00 10/27/2008 10083793 PD-WSATI CONF. GROSSNICKLE 295.20 10/27/2008 10083793 PD-WSATI CONF. GROSSNICKLE 214.89 10/27/2008 10083793 PD-WSATI CONF. GROSSNICKLE 30.00 10/27/2008 10083793 PD-PHOTOMODELER TRNG DEYO 972.78 10/27/2008 10083793 PD-FBINM TRNG TUDOR- 55.00 10/27/2008 10083793 PD-PHOTOMODELER TRNG - 926.94 10/27/2008 10083793 PD-PHOTOMODELER TRNG - 926.94 10/27/2008 10083793 PO-CRIME PREVENTION SMNR TIROU 2,377.31 10/27/2008 10083793 PO-MOTORCYCLE TRNG HODGE 869.45 10/27/2008 10083793 PO-MOTORCYCLE TRNG HODGE 46.89 10/27/2008 10083793 PO-VICTIM INTERVIEW IN SPOKANE 20.00 10/27/2008 10083793 PO-VICTIM INTERVIEW IN SPOKANE 28.21 10/27/2008 10083793 PO-KRISTINE FAIRBANKS FUNERAL- 194.30 10/27/2008 10083793 PO-DUE PROCESS TRNG J NELSON 125.00 10/27/2008 10083793 PD-DAPS CERTIFICATE RECORDS 21.76 10/27/2008 10083793 PO-CODE 4 "GANGS" TRNG- 470.00 10/27/2008 10083793 PO-SEATS &AOO ONS FOR VAN 1,749.83 1008475911/3/2008 009507 US BANK, 21,110.69 10/27/2008 OCTOBER 2008 CC-SISTER CITY J. DOVEY 1,550.00 10/27/2008 OCTOBER 2008 CC-SISTER CITY P. DOHERTY 1,550.00 10/27/2008 OCTOBER 2008 CC-SISTER CITY C. ROE 1,550.00 10/27/2008 OCTOBER 2008 CC-SISTER CITY C. PARK 529.61 10/27/2008 OCTOBER 2008 CC-SISTER CITY M. PARK 505.61 10/27/2008 OCTOBER 2008 CC-SISTER CITY M. PARK 970.21 181 Bank of America Page 34 of 34 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 10/27/2008 . OCTOBER 2008 CC-SISTER CITY HOTEL- 2,173.69 10/27/2008 OCTOBER 2008 CC-SISTER CITY SEOUL LUNCH- 52.46 10/27/2008 OCTOBER 2008 PRCS-PRESCHooL SUPPLIES 153.84 10/27/2008 OCTOBER 2008 FVVCC-SHOWER CURTAINS 285.07 10/27/2008 OCTOBER 2008 PRCS-ARTS. COMM. POSTAGE 16.61 10/27/2008 OCTOBER 2008 FWCC-FITNESS CLASS MUSIC 29.00 10/27/2008 OCTOBER 2008 FWCC-FIRST AID SUPPLIES 20.14 10/27/2008 OCTOBER 2008 FWCC-BTS FITNESS CLASS LICENSE 630.00 10/27/2008 OCTOBER 2008 DBC-FACILlTY LAMPS 91.66 10/27/2008 OCTOBER 2008 PRCS-F-DUB SUPPLIES 6.00 10/27/2008 OCTOBER 2008 PRCS-NW TREK SENIOR TRIP 149.50 10/27/2008 OCTOBER 2008 PRCS-STAMPS & POSTAGE CFS 108.09 10/27/2008 OCTOBER 2008 PRCS-DINNER & MOVIE 171.00 10/27/2008 OCTOBER 2008 FVVCC-STRAPS CHANGING STATION 36.24 10/27/2008 OCTOBER 2008 PKKFT-THEATRE TICKET SUPPLY 310.00 10/27/2008 OCTOBER 2008 FWCC-AED WALL CABINETS 308.00 10/27/2008 OCTOBER 2008 PRCS-HALLOWEEN CRAFTS 43.56 10/27/2008 OCTOBER 2008 PRCS-HALLOWEEN CANDY 434.68 10/27/2008 OCTOBER 2008 FWCC-BLOCK PARTY BEVERAGES 139.61 10/27/2008 OCTOBER 2008 PRCS-PRESCHooL SUPPLIES 65.55 10/27/2008 OCTOBER 2008 PRCS-SMORES TRICK N TREAT 232.09 10/27/2008 OCTOBER 2008 PRCS-TRICK N TREAT PUMPKINS 200.00 10/27/2008 OCTOBER 2008 PRCS- TRICK N TREAT SUPPLIES 248.42 10/27/2008 OCTOBER 2008 PRCS-PIONEER FARMS TICKETS 70.00 10/27/2008 OCTOBER 2008 PRCS-DINNER & MOVIE TICKETS 204.75 10/27/2008 OCTOBER 2008 CDHS-NVVCDA CONF. ODONNELL 201.14 10/27/2008 OCTOBER 2008 FVVCC-CLlMBING ROPE 678.50 10/27/2008 OCTOBER 2008 CDS-APA CONF. SHULL HERRERA LE 972.12 10/27/2008 OCTOBER 2008 SWR-COUNCIL MTG GLASSWARE 43.01 10/27/2008 OCTOBER 2008 PARKS-RIVER BOULDERS WILDWOOD 1,622.27 10/27/2008 OCTOBER 2008 LAW-WSAMA CONF RICHARDSON,KLOH 521.40 10/27/2008 OCTOBER 2008 GFOA - CAFR 07 Document 480.00 10/27/2008 OCTOBER 2008 SWR-RECYCLE EVENT SUPPLIES 24.77 10/27/2008 OCTOBER 2008 SWR-RECYCLE EVENT SUPPLIES 10.11 10/27/2008 OCTOBER 2008 SWR-RECYCLE TOTE BAGS 2,828.39 10/27/2008 OCTOBER 2008 PW/SWM-PESTICIDE SAFETY- 300.00 10/27/2008 OCTOBER 2008 PW-"POROUS PAVEMENT" TRNG- 150.00 10/27/2008 OCTOBER 2008 PWTR-ITE DUES R. PEREZ 302.00 10/27/2008 OCTOBER 2008 CDS-WSAPT CONF. VAN TROJEN 131.64 10/27/2008 OCTOBER 2008 CM-PQC ARCHIVE SVC 9.95 Total Checks Issued 522 Total $2,408,798.57 182 COUNCIL MEETING DATE: December 2, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SCORE INTERLOCAL AGREEMENT POLICY QUESTION: Should the City Council approve the SCORE Interlocal Agreement? COMMIITEE: FEDRAC MEETING DATE: 11/25/08 CATEGORY: [8] Consent o City Council Business o Ordinance o Resolution o D Public Hearing Other STAFF REpORT By: Bryant Enge, Assistant City Manager/CFO DEPT: City Manager's Office _..__.._._.._--_._----_._-_._-~--------_..~----..._-------------_._-----_._---_..~--_._._--_.._------- ATTACHMENTS: MEMO from Bryant Enge, Assistant City Manager/CFO; Draft SCORE Interlocal Agreement SUMMARYIBACKGROUND: There isn't enoughjail space in King County. As a result, King County is refusing to provide jail services to cities' beyond 2012, the end of the current contract. While Federal Way contracts with other agencies, including Fife, Enumclaw, and Yakima County, King County is currently the agency that accepts medical, mental, and inmates with behavioral (management) problems. Therefore an alternative option must be determined. OPTIONS: 1. Approve the staff recommendation and fOlWard the SCORE Interlocal Agreement to the December 2, 2008 City Council Consent Agenda. 2. Deny approval of the staff reconunendation to forward to Council and provide staff with further direction. STAFF RECOMMENDATION: Approval to bring the staff recommendation for the SCORE Interlocal Agreement to City Council on December 2,2008. CITY MANAGER ApPROVAL: DIREcrOR APPROVAL: COWlCil Council COMMIITEE RECOMMENDATION: HI move to accept Option D. " Mike Park, Committee Chair Dini Duclos, Committee Member Eric Faison, Committee Member PROPOSED COUNCIL MOTION: HI move approval of the Committee recommendation to accept Option D. " (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 # 183 CITY OF FEDERAL WAY MEMORANDUM Date: To: November 21,2008 Mike Park, Chair Finance, Economic Development and RegiO~jJCommittee Bryant Enge, Assistant City Manager/CFO 11' 'C Neal Beets, City Manager~ Staff RecommendationlSC"oJ[; In ter/oca I Agreement From: Via: Subject: City Council FEDRAC Members: This memorandum provides you with background and alternatives concerning meeting Federal Way's future jail space needs. Recommendation After more than a year of study and negotiations, the cities of Federal Way, Auburn, Des Moines, Renton, Tukwila, Burien and SeaTac propose to form a governmental administrative agency known as the South Correctional Entity ("SCORE") to build and operate a 668-bed jail facility in one of the host cities (but not in Federal Way). SCORE is modeled after the successful interlocal Valley Communication facility agreement. Staff recommends entering into the proposed SCORE Interlocal Agreement because it affords the City a more economical way to meet its future jail needs on a long-term basis and provides the city with more influence in the management of its jail services. While the City believes that the agreement is in our best interest, we note that the language concerning voting in certain circumstances is cumbersome and complicates the decision making process. Specifically the language where "votes regarding debt, approval of the budget, employment of the Facilities Director, and approval of labor contracts shall require an affirmative vote of a supermajority (majority plus one) of the Member Cities, two (2) of which shall have the highest and the second highest average daily population at the SCORE Facility calculated at the time of the vote." However, staff believes that this is not a fatal enough impediment, and that Council should move forward with the agreement. We request that on Nov. 25 we get your approval to bring the recommendation to Council on December 2nd. Time is critical if we are to develop and construct a new facility and transition Federal Way jail operations by the end of2012. Other alternatives The City could choose not to enter into the SCORE agreement, but it would likely be more costly in the long-run and not provide as much flexibility. It is likely King County will continue to provide some beds and Yakima will have beds, however, at a substantial increase over current rates. Furthermore, the City of Federal Way could contract with the SCORE facility for beds. The SCORE proposed contract rates (vs. member city rates) are projected to be substantially higher than our current rates. 184 Responses to Specific Council Questions While we focused the bulk of our comments in this memo on the mechanics of the agreement, the following is a discussion of items you raised at the prior FEDRAC meeting. At the prior meeting you raised three questions around financing of the SCORE project: 1. In the event of a default by a Member City would the other cities become liable? No. By executing the Interlocal Agreement the city is not obligated to pay the debt service of any other jurisdiction. Each city is only legally obligated to budget for and pay the percentage of debt service that it signs up for. In the event that a city cannot pay its required debt service, no other city can be forced to pay the debt service of that city, but for practical purposes I imagine that the cities will come together and figure out what to do to avoid a default. 2. Would the credit rating of the bond issuance be based on the lowest city debt rating of the authority? No. The rating is likely to be a blend of all of the issuers, with the issuers that carry the most liabilities having the most influence on the rating. So it will not be the rating of the lowest rated city. The guess is that it will be an A+ and the difference in interest rates between that and a AA- is probably 5-10 basis points. 3. Would it be cheaper to issue the debt as a standalone entity or as part of the public development authority (PDA)? While we would expect higher interest rates due to a difference in basis points reflecting credit rating difference, the economies of scale of the PDA issuing the debt on our behalf could offset the issuance costs that would mitigate the additional costs of higher interest rates. General Background There isn't enough jail space in King County. As a result, King County is refusing to provide jail services to cities' beyond 2012, the end of the current contract. While Federal Way contracts with other agencies, including Fife, Enumclaw, and Yakima County, King County is currently the agency that accepts medical, mental, and inmates with behavioral (management) problems. Without King County the city will be faced withy no place to put our inmates with 3M problems. Fife and Enumclaw Jails are short-term holding facilities and are used primarily for immediate bookings. Yakima County Jail does not accept 3M inmates. Consequently, Federal Way needs a strategy to effectively and"economically meet future jail service requirements. The fundamental objectives include managing operations and jail service costs and certainty as to bed availability. We have had preliminary discussions with the city of Kent concerning their response to the demand for additional jail space as a result of King County decision. Kent operates its own jail. The Kent Jail average daily population is over 200 and does not have capacity for inmates from other jurisdictions. In 1998, the Kent Police Department canceled all jail services contract and returned to housing Kent inmates only. Currently, Kent is evaluating alternatives to adding jail space and is considering contracting with the SCORE facility for additional jail space needs. 185 SCORE INTERLOCAL AGREEMENT THIS AGREEMENT is entered into this , 2008 by and among the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington (the "Member Cities"), all of which are municipal corporations under the laws and statutes of the State of Washington: RECITALS: WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, the Member Cities currently contract with other local governments within the State of Washington for correctional services at a great expense to the City; and WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain proj ects as provided therein; and WHEREAS, the Member Cities now desire to form a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by a public corporation created in accordance with this Agreement and pursuant to RCW 35.21.730 through 35.21.755 and secured by the full faith and credit of the Member Cities; and WHEREAS, the City of Renton has agreed to act as the host city for the formation of a public corporation to be known as the South Correctional Entity Facility Public Development Authority (the "SCORE Facility Public Development Authority") subject to the approval of each Member City; and WHEREAS, the establishment and maintenance of the SCORE Facility will be of substantial benefit to the Member Cities and the public in general; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Page 1 of12 186 P:\20358 _ DG\20358 _ OIX Section 1. SCORE Facilitv; Authoritv (a) Administrative Agencv. There is hereby established a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional Entity ("SCORE"). SCORE shall initially consist of the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington (the "Member Cities"). (b) Powers of SCORE. SCORE shall have the power to acquire, construct, own, operate, maintain, equip, and improve a correctional facility (the "SCORE Facility") and to provide correctional services and functions incidental thereto, for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the jurisdiction of the Member Cities. The SCORE Facility may serve federal and state agencies as well as other municipal corporations ("Subscribing Agencies") which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in writing and approved by SCORE as provided herein. (c) Administrative Board. The affairs of SCORE shall be governed by an administrative board (the "Administrative Board") formed pursuant to Section 4 of this Agreement. The Administrative Board shall have the authority to: 1. Recommend action to the legislative bodies of the Member Cities; 2. Establish a budget and approve expenditures; 3. Establish policies for investing funds and incurring expenditures of budget items for the SCORE Facility; 4. Review and adopt a personnel policy for the SCORE Facility; 5. Establish a fund, or special funds, as authorized by chapter 39.34 RCW for the operation of the SCORE Facility; 6. Conduct regular meetings as may be designated by the Administrative Board; 7. Determine what services shall be offered at the SCORE Facility and under what terms they shall be offered; 8. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this Agreement; 9. Establish rates for services provided to members, subscribers or participating agencies; 10. Direct and supervise the activities of the operations board created pursuant to Section 5 and the facility director selected pursuant to Section 6; Page 2 of 12 187 P:\20358 _DG\20358 _ OIX 11. Enter into an agreement with a public corporation or otherwise to incur debt; 12. Make purchases or contract for services necessary to fully implement the purposes of this Agreement; 13. Enter into agreements with and receive and distribute funds from any federal, state or local agencies; 14. Receive and account for all funds allocated to the SCORE Facility from its members; 15. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the SCORE Facility; 16. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of property and assets; 17. Sue and be sued, complain and defend, in all courts of competent jurisdiction in its name; 18. Make and alter bylaws for the administration and regulation of its affairs; 19. Enter into contracts with Subscribing Agencies to provide correctional services; 20. Employ employees as necessary to accomplish the terms of this Agreement; and 21. Engage in any and all other acts necessary to further the goals of this Agreement. Section 2, Duration of A!!reement The initial duration of this Agreement shall be for a period often (10) years from its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement shall not terminate until all bonds or other obligations issued by the South Correctional Entity Facility Public Development Authority (the "SCORE Facility Public Development Authority") as provide in Section 14 of this Agreement are no longer outstanding. Section 3, Withdrawal and Termination (a) Subject to Section 3(g) below, any Member City may withdraw its membership and terminate its participation in this Agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in anyone-year. After providing appropriate notice as provided in this Section, that Member City's membership withdrawal shall Page 3 of 12 188 P:\20358 _00\20358_ OIX become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. (b) Subject to Section 2 above, four (4) or more Member Cities may, at anyone time, by written notice provided to all Member Cities, call for a complete termination of SCORE and this Agreement. Upon an affirmative supermajority vote (majority plus one) by the Administrative Board, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this Agreement. Upon the final termination date, this Agreement shall be fully terminated. (c) Subject to Section 3(g) below, in the event any Member City fails to budget and provide the required annual funding requirements for SCORE as provided in Section 14 hereof, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be terminated from this Agreement and to have forfeited all its rights under this Agreement as provided in Section 3( e). The remaining Member Cities may, at their option, withdraw SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. (d) Time is of the essence in giving any termination notice. (e) If an individual Member City withdraws its membership in SCORE, the withdrawing City will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administrative Board. (t) Upon termination of this Agreement, all property acquired during the life of this Agreement shall be disposed of in the following manner: 1. All real and personal property acquired pursuant to this Agreement shall be distributed to the Member Cities based on the Base Percentages (as defined in Section 14); and 2. All unexpected funds or reserve funds shall be distributed based on the percentage of average daily population at the SCORE Facility for the last three (3) years prior to the termination date of those Member Cities still existing on the day prior to the termination date. (g) Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 3, the withdrawal of any Member City from this Agreement shall not discharge or relieve the Member City that has withdrawn pursuant to Section 3(a) or been terminated pursuant to Section 3(c) of its obligation to pay debt service on the bonds issued by the SCORE Facility Public Development Authority. A Member City may be relieved of its obligation under this Agreement to make payments with respect to its Capital Contribution (as defined in Section 14) if the Administrative Board, by supermajority vote (majority plus one), Page 4 of 12 189 P:\20358_DG\20358_0IX authorizes such relief based on a finding that such payments are not required to pay debt service on bonds issued by the SCORE Facility Public Development Authority. Section 4, Administrative Board (a) Formation. An Administrative Board composed of the Mayor or his or her designee from each Member City shall govern the affairs of SCORE. (b) Allocation of Votes. Each Board member shall have an equal vote and voice in all Board decisions. (c) Voting Requirements. Votes regarding debt, approval of the budget, employment of the Facilities Director, and approval of labor contracts shall require an affirmative vote ofa supermajority (majority plus one) of the Member Cities, two (2) of which shall have the highest and the second highest average daily population at the SCORE Facility calculated at the time of the vote. (d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of Order (newly revised) shall govern all procedural matters relating to the business of the Administrati ve Board. (e) Officers of the Administrative Board. Members of the Administrative Board shall select a Presiding Officer from its Members, together with such other officers as a majority of the Administrative Board may determine. Subject to the control of the Administrative Board, the Presiding Officer shall have general supervision, direction and control of the business and affairs of SCORE. On matters decided by the Administrative Board, the signature of the Presiding Officer alone is sufficient to bind SCORE. (f) Meetings of the Administrative Board. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday of February of each year to review the prior year's service. The second meeting shall be on the second Tuesday of September of each year to consider and adopt a budget for the following fiscal year. Other meetings may be held upon request of the Presiding Offic~r or any two members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Four (4) members of the Administrative Board must be present at any meeting of the Administrative Board to comprise a quorum, and for the Administrative Board to transact any business. Proxy voting shall not be allowed. Members of the Administrative Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Administrative Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. Page 5 of 12 190 P:\20358_DG\20358_0IX (g) Bylaws. The Administrative Board shall be authorized to establish bylaws that govern procedures of that Board and the SCORE Facility's general operations. (h) Administrative Board Review. A general or particular authorization or review and concurrence of the Administrative.Board by majority vote shall be necessary for all capital expenditures or contracts in excess of $50,000. Section 5, Operations Board (a) Formation. There is further established an operations board (the "Operations Board") which shall consist of the Police Chief of each Member City or his or her designee. Additionally, the Police Chiefs of the Subscribing Agencies shall, by majority vote, elect up to two (2) at-large member to represent the police departments of the Subscribing Agencies. At the time set for election of the at-large members, only the Subscribing Agencies representatives, then in attendance, will participate in the election. The Member Cities' Operations Board representatives shall not participate in the at-large member elections. The at-large members shall serve one-year terms, unless otherwise determined by majority vote of the Operations Board. The purpose and duties of the Operations Board shall be established by the Administrative Board. (b) V oting and Meetings of the Operations Board. Each Operations Board member shall have an equal vote in all Operations Board decisions. The Operations Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operations Board. The Operations Board shall elect a Presiding Officer from its members and shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall be held each month at a time and place designated by the Presiding Officer or a majority of its members. Special meetings may be called by the Presiding Officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operations Board may dispense with written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all of the Operations Board Members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Five (5) members of the Operations Board must be present at any meeting of the Operations Board to comprise a quorum, and for the Operations Board to transact any business. Proxy voting shall not be allowed. Members of the Operations Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Operations Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. Section 6. Facility Director. Not later than one hundred eighty (180) days prior to the completion of the SCORE Facility, the Operations Board shall recommend to the Administrative Board a person to act as Page 6 of 12 191 P:\20358 _ DG\20358 _ OIX the Facility Director (the "Director"). The Administrative Board may accept or reject the Operations Board recommendation. Such Director shall be responsible to the Administrative Board, shall advise same from time to time on a proposed budget and other appropriate means in order to fully implement the purposes of this Agreement. The Director shall administer the program in its day-to-day operations consistent with the policies adopted by the Administrative Board. Such Director shall have experience in technical, financial and administrative fields, and such appointment shall be on the basis of merit only. Section 7. Personnel Policv (a) The Operations Board shall submit to the Administrative Board within one hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel policy for the SCORE Facility for its approval, rejection or modification. All of such modifications or revisions shall be subject to the final approval of the Administrative Board. (b) Such personnel policy shall provide for the initial appointment to the SCORE Facility's staff from the personnel presently, permanently appointed or assigned as corrections officers in the Member Cities. Additional employees shall be appointed by the Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but maybe eligible for membership under the Public Employees Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. Section 8. Operations and Budeet (a) The Director shall distribute a proposed budget to the Operations Board on or before August 1 of each year, which said budget shall then be provided to the Administrative Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of the programs and objectives as contained in said proposed budget, and of the required financial participation for the ensuing year. (b) The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 14 hereof. Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this Agreement. Section 9. Contracts and Support Services (a) The Administrative Board (or the Operations Board or the Director, ifso designated by the Administrative Board) shall, as necessary, contract with local governments for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Director for the SCORE Facility. (b) The Member Cities hereby agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a Member City, other local government, or independent legal counsel as necessary. Page 7 of 12 192 P:\20358 _ DG\20358 _ OIX Section 10. Policy and System Evaluation The Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public. The Director shall present his or her recommendations to the Operations Board from time to time. Any substantive change or deviation from established policy shall be subject to the prior approval of the Administrative Board. Section 11. Additional Services Authorized The Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems, and consolidated court services. Section 12. Inventory and Property (a) Equipment and furnishings for the operation of the SCORE Facility shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE's use, title to the same shall remain with the respective local entity unless that equipment is acquired by SCORE. (b) The Director shall, at the time of preparing the proposed budget for the ensuing year, submit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE. In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending governmental entity and all other items, including real property, or funds derived from the sale thereof, shall be distributed to Member Cities in accordance with Section 3(f) above. (c) Title to real property purchased or otherwise acquired shall be held in the name of SCORE; provided however, that for valuable consideration received, SCORE may convey ownership of any real property as may be approved by supermajority vote (majority plus one) of the Administrative Board. Section 13. Local Control Each Member City and Subscribing Agency shall retain the responsibility and authority for the operation of its police departments, and for such equipment and services as are required at its place of operation to utilize the SCORE Facility. Page 8 ofl2 193 P:\20358 _DG\20358_0IX Section 14. SCORE Facilitv Financin2 and Construction: SCORE Facility Public Development Authoritv (a) SCORE Facility. In order to provide necessary services for the Member Cities and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des Moines, Washington. Pursuant to RCW 35.21.740, the City of Des Moines hereby authorizes the City of Renton to operate the SCORE Facility Public Development Authority within the corporate limits of the City of Des Moines in a manner consistent with the terms of this Agreement. (b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and the Presiding Officer of the Administrative Board, or his or her approved designee, will execute contracts for the development of the SCORE Facility. These contracts shall include, without limitation, contracts for architectural design and engineering, project management services; real estate acquisition, and construction. (c) SCORE Facilitv Public Development Authority. In order to finance costs of acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has agreed to form a public corporation pursuant to RCW 35.21.730 through 35.21.755 known as the South Correctional Entity Facility Public Development Authority. The purpose of the SCORE Facility Public Development Authority is to issue debt to finance and refinance the acquisition, construction, improvement and equipping of the SCORE Facility. Such debt may be issued in one or more series, may be in the form of bonds, notes or other evidences of indebtedness to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. Such bonds, notes, and other evidences of indebtedness are collectively referred to herein as the "Bonds." The Administrative Board shall serve ex officio as the Board of Directors of the SCORE Facility Public Development Authority as further provided in the Authority's organizational charter. Upon issuance of Bonds by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make payments to the SCORE Facility Public Development Authority at the time and in the amounts required to pay principal of and interest on the Bonds and any administrative costs of the SCORE Facility Public Development Authority as a first priority and pledge of the revenues of SCORE. (d) SCORE Facilitv Financing. The Member Cities shall each pay an allocable portion of all aggregate capital and operating costs related to the SCORE Facility, less revenue received from Subscribing Agencies or other sources, as provided in this Agreement. Each Member City shall be billed for its total allocable capital and operating costs on a semiannual basis, or more frequently as determined by the Administrative Board, calculated as provided for in this Section. (I) Capital Contribution. Each Member City shall be obligated to pay an amount equal to its Base Percentage multiplied by the principal of and interest on Bonds as the same shall become due and payable and administrative expenses of the SCORE Page 9 of 12 194 P:\20358 _ DG\20358 _ OIX Facility Public Development Authority with respect to the Bonds (the "Capital Contribution") without regard to the payment or lack thereof by any other Member City. The "Base Percentage" is defined as a percentage equal to the 2007 average daily population allocable to the Member Cities in all correctional facilities. Those percentages are as follows: (i) Auburn - twenty-nine (29%) (ii) Des Moines - five (5%) (iii) Federal Way - seventeen (17%) (iv) Renton - thirty-four (34%) (v) Tukwila - eight (8010) (vi) Burien - four (4%) (vii) SeaTac - three (3%) No Member City shall be obligated to pay the Capital Contribution of any other Member City, and each Member City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with Section 3(g). The obligation of each Member City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such Member City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Member City on all of the taxable property within the Member City and other sources of revenues available therefor. Each Member City has or will agree to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding. (2) Costs of Maintenance and Operation. Until the end of the first calendar year of operations of the SCORE Facility (estimated to be December 31,2012), the allocable portion that each Member City shall be obligated to pay of costs of maintaining and operating the SCORE Facility and all costs of administering SCORE (the "Costs of Maintenance and Operation") in such year shall be equal to the City's Base Percentage multiplied by the Costs of Maintenance and Operation. Commencing with the calendar year following the first calendar year of operations, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City's average daily population in the SCORE Facility, as supplemented as necessary with the average daily population allocable to the Member Cities in all correctional facilities, for the 12-month period ending June 30 of the preceding year. Commencing with the third calendar year of operations, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City's average daily population in the SCORE Facility for the 12-month period ending June 30 of the preceding year. [question for the working group - how should extraordinary operations and maintenance costs (e.g. as a result of annexation) be allocated in the year that they are incurred?] (e) Allocation of Revenues. Revenues received in a calendar year from Subscribing Agencies or from sources other than the contributions described in Section 14( d) above shall be Page 10 of 12 195 P:\20358_DG\20358_0IX used to reduce the Costs of Maintenance and Operation in the subsequent calendar year. Each Member City shall receive creditJbenefit of the revenues discussed in this section based on that Member City's proportional average daily population. (f) Special Facility Designation. The SCORE Facility, including all equipment, furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing Agencies to provide necessary and secure correctional services and assure public safety. Consequently, the SCORE Facility is essential to the preservation of the public health, safety, and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special facilities subject to unique standards. Accordingly, based on the facts presented in this subsection, it is herby resolved that the established policy of the Member Cities is that the SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of any kind or nature for the SCORE Facility shall be exempt from competitive bidding requirements as prescribed by Washington State statute but shall be governed by the procurement policy established by the Administrative Board as amended from time to time. Section 15. Preliminarv Costs of the SCORE Facilitv: Bellevue ProDertv The Administrative Board shall allocate costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility prior to the issuance of the Bonds by the SCORE Facility Public Development Authority among the Member Cities by an affirmative vote of a supermajority (majority plus one) of the of the Member Cities, two (2) of which shall have the highest and the second highest average daily population in all correctional facilities calculated at the time of the vote. Any costs of the SCORE Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of Bonds to the extent permitted by law. The Member Cities hereby agree that any net proceeds received from the sale of the property located at 1440 116th Avenue NE, Bellevue, Washington and 1412 116th Avenue NE, Bellevue, W ashington (estimated to be approximately $3,180,000) shall be dep9sited with SCORE and used to finance costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility. Section 16. Filinl!: of Al!:reement Upon execution, this Agreement shall be filed as required in RCW 39.04.040. Section 17. Severabilitv If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement. Page II of 12 196 P:\20358 _ DG\20358 _ OIX Section 18. Execution This Agreement, or amendments hereto, shall be executed on behalf of each Member City by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance of each Member City. This Agreement, or any amendment, shall be deemed adopted upon the date of execution by the last so authorized representative. Section 19. Hold Harmless The parties to this Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the Administrative Board, Operations Board, Facility Director and or staff, while acting within the scope of their authority under this Agreement shall be borne by SCORE exclusively. Section 20. Counterparts This Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF AUBURN CITY OF RENTON By: Mayor By: Mayor CITY OF DES MOINES CITY OF TUKWILA By: Mayor By: Mayor CITY OF FEDERAL WAY CITY OF BURlEN By: Mayor By: Mayor CITY OF SEATAC By: Mayor Page 12 of 12 197 P:\20356 _ DG\20356 _ OIX