Council PKT 12-02-2008 Regular
~~ Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers . City Hall
December 2, 2008 - 7:00 pm
www.cityoffederalway.com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
· Police Department Employee Recognition Awards
· City Manager Emerging Issues/Introduction of New Employees
,
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the
podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The
Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are
otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: November 18, 2008 Special and Regular Meetings -Page 5
b. Monthly Financial Report - October 2008 (FEDRAC 11-25-08) -Page 15
c. Vouchers (FEDRAC 11-25-08) -Page 27
d. Enactment Ordinance: 2009 Property Tax (First reading 11-18-08) -Page 62
e. Enactment Ordinance: Amending Ord.#06-541/General Tax Obligation Bond -Page 66
f. Grant Funding for Transportation Improvement Projects (LUTC 11-17-08) -Page 75
g. Bid Award - 2009 Street Sweeping Services Contract (LUTC 11-17-08) -Page 77
h. Easter Lake Flood Control Improvements and West Branch Joe's Creek -Page 80
Culvert Replacement (LUTC 11-17-08)
i. 2009 Legislative Agenda (FEDRAC 11-25-08) Page83
12-02-2008 Regular City Council Meeting Agenda
Page I 014
Consent Agenda Continued...
j. Purchase of Updated Aerial Imagery (FEDRAC 11-25-08) -Page 94
k. T-Mobile Site Lease Renewal - BPA Trail at 332nd & First Way South (Panther Lake)
(FEDRAC 11-25-08) -Page 95
6. COUNCIL BUSINESS
a. Appointment to ARTS Commission -Page 99
b. SCORE Interlocal Agreement (FEDRAC 11-25-08) -Page 100
c. RESOLUTION: 2009 Fee Schedule (FEDRAC 11-25-08) -page115
d. RESOLUTION: City Sponsorship Policy -Page 128
e. RESOLUTION: New Insurance Carrier and Authorizing the City Manager or Designee to
Settle Claims up to the Deductible (FEDRAC 11-25-08) -Page 146
f. Cancellation of the December 16, 2008 Regular Council Meeting -Page 151
g. Guild Memorandum Of Understanding -Page 152
7. INTRODUCTION AND FIRST READING OF ORDINANCES
a. FWCC Amendments to Definitions -Chaoters 4. 9 (PRHSC 11-10-08) -Page 166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
DEFINITIONAL AMENDMENTS IN THE CODE REPEALING SECTIONS, ADDING SECTIONS, AND AMENDING
SECTIONS IN CHAPTERS 4 AND 9 OF THE FEDERAL WAY CITY CODE.
b. FWCC Amendments to Animal Law (PRHSC 11-10-08) -Page175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
ANIMAL REGULATIONS, ADDING SECTIONS, AND AMENDING SECTIONS IN CHAPTERS 4 AND 9 OF THE
FEDERAL WAY CITY CODE.
c. FWCC Amendments to Criminal Law (PRHSC 11-10-08) -Page196
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
CRIMINAL LAW REPEALING SECTIONS, ADDING SECTIONS, AND AMENDING SECTIONS IN CHAPTER 1,
ARTICLE II; CHAPTER 5, ARTICLE VIII; CHAPTER 6 ARTICLES 1,4, 7, 10 AND 12; CHAPTER 11, ARTICLE
III; CHAPTER 13, ARTICLES 6 AND 7, CHAPTER 14, CHAPTER 15, CHAPTER 16, CHAPTER 17, AND
CHAPTER 22 OF THE FEDERAL WAY CITY CODE.
d. FWCC Amendments to Land Use Technical Errors (LUTC 11-17-08) -Page 220
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
TECHNICAL CHANGES TO LAND USE REGULATIONS, ADDING SECTIONS, AMENDING SECTIONS, AND
REPEALING SECTIONS IN CHAPTERS 5,13, 21, AND 22 OF THE FEDERAL WAY CITY CODE.
e. FWCC Amendments to Nuisance (LUTC 11-17-08) -Page 233
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
NUISANCES, ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 9,
10,13,15, AND 22 OF THE FEDERAL WAY CITY CODE.
12-02-2008 Regular City Council Meeting Agenda
Page 2 014
II
I.
.
Introduction Ordinance( s) Continued...
f. FWCC Amendments to Civil Enforcement - Land Use (LUTC 11-17-08) -Page 251
AN ORDINANCE OFTHE CITYCOUNCILOFTHE CITY OF FEDERAL WAY, WASHINGTON, RELATING
TO CIVIL CODE ENFORCEMENT, ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 1,5,8,10,11,12,13,14,15,16,17,18,19,20,21, AND 22 OF THE FEDERAL WAY CITY CODE.
g. FWCC Amendments to Civil Enforcement - Business Reoulations (FEDRAC 11-25-08)
Page288
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BUSINESS REGULATION ENFORCEMENT ADDING SECTIONS, AMENDING SECTIONS AND REPEALING
SECTIONS IN CHAPTER 3, AND 9 OF THE FEDERAL WAY CITY CODE.
h. FWCC Amendments to Land Use Definitions -Chaoters 5,11,12,13,15.16,18,19. 20.
21& 22 (LUTC 11-17-08) -Page 330
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
LAND USE RELATED DEFINITIONAL AMENDMENTS ADDING SECTIONS, AMENDING SECTIONS, AND
REPEALING SECTIONS IN CHAPTERS 5,11,12,15,16,18,19,20,21, AND 22 OF THE FEDERAL WAY CITY
CODE.
i. Addressina Land Use Processes in the FWCC (LUTC 11-17-08)-Page 421
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
LAND USE PROCESSES, ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 5, 14, 15, 18, 19, AND 22 OF THE FEDERAL WAY CITY CODE.
j. FWCC Amendments to Business Reaulations (FEDRAC 11-25-08) -Page 490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BUSINESS REGULATIONS, REPEALING SECTIONS, ADDING SECTIONS, AND AMENDING SECTIONS IN
CHAPTER 3. 9, AND 14 OF THE FEDERAL WAY CITY CODE.
k. Addressino Amendments Relatina to Definitions in the FWCC (FEDRAC 11-25-08)-Page 503
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, 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.
INTRODUCTION AND ENACTMENT ORDINANCES
I. 2009-2010 Biennial Budoet Introduction and Enactment. -Page 521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING
BUDGETS AND FINANCE, ADOPTING THE 2009-10 BIENNIAL BUDGET.
m. 2008 Year End Housekeeoino Introduction and Enactment. -Page 526
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, OF THE CITY
COUNCILOFTHE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING
THE 2007-08 BIENNIAL BUDGET (AMENDS ORDINANCES 06-537, 07-549, 07-569, AND 08-579).
12-02-2008 Regular City Council Meeting Agenda
Page 3 014
8. CITY COUNCIL REPORTS
9. CITY MANAGER REPORT
10. EXECUTIVE SESSION
Potential Litigation Pursuant to RCW 42.30.110(1 )(i)
11. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
**In an effort to "Think Green" sheets of paper were saved by
eliminating duplicate copies of the Consent Agenda supporting documents.
12-02-2008 Regular City Council Meeting Agenda
Page 4 of 4
COUNCIL MEETING DATE: December 2,2008 ITEM #: Sa
..................................... ......................................... ................................... ........................................... .....................mmmmm... ...mm.............................__ ................................................................. ............................................................................__ ......................................................_.....
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should Council approve the draft minutes of the November 18,2008 Regular and Special
City Council Meetings?
COMMITTEE: Not Applicable
MEETING DATE: Not Applicable
CATEGORY:
I:8J Consent
o City Council Business
~!~!!.~l.?Q!l:!_!J.X:_.!Yl!~1:P.pJ~~~~!.~_._......
Attachments:
Draft meeting minutes of the November 18,2008 Regular and Special City Council Meetings.
o Ordinance
o Resolution
o
o
Public Hearing
Other
DEPT:NotApplicabk
........................--........................ ................--............................................................-..-...............................-...........
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
STAFF RECOMMENDATION: Staff recommends approving the minutes as presented.
CITY CLERK ApPROVAL:
N/A
DIRECTOR ApPROVAL:
N/A
N/A
Committee
Council
Committee
Council
COMMITTEE RECOMMENDATION: Not Applicable
PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
A Federal Way
MEETING MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING I STUDY SESSION
Council Chambers. City Hall
NOVEMBER 18 2008
5:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Dovey called the meeting to order at 5:11 p.m.
Councilmember's present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers
Mike Park, Jeanne Burbidge and Dini Duclos.
Councilmember Linda Kochmar was excused.
Staff present: City Manager Neal Beets, City Attorney Pat Richardson and City Clerk Carol
McNeilly.
2. PUBLIC COMMENT
Phil Wamba stated Federal Way is the 8th largest city in Washington, and the only one that
does not have a performing arts center. He spoke in favor of moving forward with the
development of a performing arts center.
Sue Middleton a 20-year resident and a member of Jet City Chorus. The chorus has to go
outside of Federal Way to book venues for their performances. She encouraged the Council
to develop a performing arts center.
Mary Gates spoke on behalf of the Federal Way Symphony. She encouraged the Council to
more forward with the development of a performing arts center.
Linda Maser spoke regarding homelessness in South King County. She encouraged the
Council to continue their support of human service needs and shelters.
Councilmember Ferrell arrived at 5:19 p.m.
Diana Noble-Gulliford, President of the Federal Way Historical Society. She thanked the
Council for funding the Society's work and reviewed the projects that have been
accomplished. She requested additional funding for historical projects and stated the Society
would like to see the City approve a preservation ordinance.
City Council November 18. 2008 Special Meeting Minutes
Page 1 of3
Maureen Hathawav spoke in support of a performing arts and cultural center located in the
downtown core. The project was initially proposed as part of the Celebration Park
development. She feels it is time to move forward with the plan.
Bob Kellooo spoke in support of the performing arts center. He recently read an article that
identified Federal Way as one of the top 3 cities in Washington to raise children. The addition
of a performing arts center will enhance the community and create new jobs.
Petty LaPorte thanked Council for funding human services programs. As a member of the Arts
Commission, she would also like to see the Council fund performing arts programs, including
development of a performing arts center. If the Council wants to move forward with economic
development in the downtown area, a performing arts center would offer meeting rooms and a
venue to accommodate 300 or more attendees.
3. DISCUSSION ITEMS
. Performinq Arts Center
Assistant City Manager Bryant Enge stated a performing arts center was included in the City
Center re-development, which was included in the 1995 Comprehensive Plan. He reviewed
the actions Council has taken to date to implement the project. The proposed project includes
700 seats and a 200 stall parking garage. The estimated cost for the project is $54.7 million,
including land acquisition. Mr. Enge reviewed the project costs, funding strategies, and
proposed budgeting options. The project has received strong support from residents.
The Council and staff discussed funding restrictions associated with the Sate monies received
for this project. The funds will go towards preliminary design of the project, which is required
to be complete in 2009. Additional discussion focused on potential development sites.
Mayor Dovey clarified this project would not be committed in the 2009-2010 budget. However,
if the Council were to provide staff with direction to move forward on this project, there is five
million dollars in the budget that could be used for that. Mr. Beets noted the Performing Arts
Center would be a discussion item for the Council retreat in January 2009.
. Dumas Bav Center. Knutzen Familv Theater
City Attorney, Pat Richardson, stated the Council discussed this item in May and she was
providing a follow up on the regulations associated with the CDBG Grant the City received
from King County for the Dumas Bay Center. If the city were to return the grant funding to King
County, the amount paid is based on current day value, not the value when the grant was
issued. She noted that King County would set aside the monies paid back for future projects
in Federal Way.
. 2009-2010 Proposed Budqet
COLA:
City Manager, Neal Beets presented information on the Cost of Living Adjustments (COLA) for
non-representative that other jurisdictions are proposing. The information included the
following cities; Auburn 3.5%, Bellevue 5.58%, Everett 5.58%, Kent 5.6%. Renton 5.5%,
Seattle 4.5%, Shoreline 5.22% as well as other cities.
City Council November 18. 2008 Special Meeting Minutes
Page 2 of3
Compensation and Class Study:
City Manager, Mr. Beets presented the Council with a funding strategy that would implement
the compensation study findings and increase staff salaries to the 60th percentile.
Rainy Day Fund:
The proposed 2009-2010 budget includes the City Managers recommendation to use one-half
of the rainy-day funds. However, the Council prefers not spending those funds, and increasing
the rainy day fund by 2.1 million dollars. Mr. Beets presented revisions to the proposed budget
that would accomplish the Councils goal of increasing the rainy-day fund.
The Council and staff discussed the revised recommendations. The Council thanked the City
Manager and staff for their hard work in presenting a budget that reflects the Councils
comments and goals.
Mr. Beets stated an Ordinance to adopt the budget will be presented at the December 2, 2008
Council meeting.
4. ADJOURNMENT
With no further business before the Council, Mayor Dovey adjourned the meeting at 6:57 p.m.
ATTEST:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council November 18,2008 Special Meeting Minutes
Page 3 of3
A Federal Way
MEETING MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers. City Hall
November 18, 2008 . 7:00 pm
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Dovey called the meeting to order at 7: 10 p.m.
Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers
Jim Ferrell, Mike Park, Jeanne Burbidge and Dini Duclos.
The Council excused Councilmember Linda Kochmar's absence.
Staff present: City Manager Neal Beets, City Attorney Pat Richardson and City Clerk Carol
McNeilly.
2. PLEDGE OF ALLEGIANCE
Police Chief Brian Wilson led the Pledge of allegiance.
3. PRESENTATIONS
Proclamation: History Awareness
Deputy Mayor Faison read the Proclamation into the record, and presented it to members
of the Federal Way Historical Society. The Society presented the Council with copies of
the new book titled Images of America - Federal Way.
Proclamation: Buv and Celebrate Local
Councilmember Burbidge read into the record and presented the proclamation. She
encouraged citizens to buy locally this holiday season.
Police Chief's Citizen Commendation
Police Chief Wilson presented a medal to Tacoma resident Graham L. Malek. On
September 3, 2008, Mr. Malek pursued and detained a robbery suspect until the police
were able to arrive.
Certificate of Aooointment: Diversity Commission
Councilmember Duclos presented Susan Honda with a Certificate of Appointment.
11-18-2008 City Council Regular Meeting Minutes
Page 10(6
City Manaoer: Emeroino Issues
City Manager Beats announced there were no emerging issues to discuss tonight..
4. CITIZEN COMMENT
Patricia Boston stated on October 7, her family home caught on fire. She had hoped that
while repairs occurring, she, her disabled husband, and his service dog could live in a trailer
on their property. However, this is against city policy. She asked the Council to make
exceptions for residents who experience disasters similar to what her family experienced.
Nancy Jaenicke from the Reach Out Organization thanked Council for supporting services
for the homeless in the community. She is continuing in her efforts to establish men's
homeless shelter. Unfortunately, King County is allocating funding to existing organizations
rather than startup organizations. She reviewed the services the organization has provided
to date.
A.J. Vauqhn. Pastor of Life Way Church spoke in support of the Reach Out Organization
and the services they have provided to homeless men.
H David Kaolan complimented the Planning Staff for their great work. He has provided staff
with comments and recommendations on numerous items. He thanked them for
considering his comments and for taking the time to meet with him.
Donald Barovic reported on flooding issues in parts of the City during heavy rains. He also
reported that a coyote killed one of his animals. He feels citizens should be able to shoot
coyotes when they attack animals.
Harold Hearse thanked Council for creating the French Lake dog-park. It is such a great
addition to the city, and people are always using the park. He would love to see it grow or
the addition of another dog-park.
Kevin Morris also expressed thanks for the French Lake dog-park. People come from
neighboring cities to the park and heard the city might be considering a dog area at
Adelaide Park. If this is true, he would like to like to help however possible to see it move
forward.
Joanne Huoal reported on Park Pals, a volunteer group that is fundraising to collect money
for development of a pond at French Lake dog-park.
City Clerk Carol McNeilly read into the record a letter from Pat Altman and Sandy Pettit
stating their support for construction of a performing arts center.
Susan Honda thanked the Council for her recent appointment to the Diversity Commission.
She serves on the Art Commission, and reported they recommended against awarding
Knutzen Theatre management contract to Centerstage.
Gene Beasley who lives in unincorporated King County; stated the City's regulations on
firearms are in violation of the State preemption. He has corresponded with the legal staff
on this issue.
11-18-2008 City Council Regular Meeting Minutes
Page 2 of 6
Garv Anderson spoke regarding the City Center Access Plan. His home will be demolished
when the plan in implemented, however, until the City purchases his home he is sitting in
limbo. He asked the city to re-design the plan, or start purchasing homes that will be
demolished enabling residents to make plans for moving.
John Ribarv also spoke regarding City Center Access project. He suggested the city
relocate the power lines on South 324th as part of the project.
Linda Combs stated her home would also be demolished as part of the City Center access
project. She does not feel the city should move forward with the expansion of 31 ih. She is
concerned with how existing roads are handled during freezing weather and suggested the
city invest money into maintaining current streets rather than creating new ones.
Alan Brvce spoke on behalf of Centerstage organizations. The management proposal the
organization submitted for the Knutzen Family saves both the city and Centerstage money
plus provided 20 weeks of performances at the thearte. He encouraged the Council to
award the proposal to the Centerstage organization.
Ed Barnev.President of the Federal Way School Board, stated the multi-family tax
exemption that the Council will be discussing at a future meeting is harmful to the students
by limiting bonds. The Board would like the City to repeal the property tax exemption.
5. CONSENT AGENDA
a. Minutes: November 4, Special Meeting, November 4 Regular Meeting,
November 5 Special Meeting -APPROVED
b. Federal Way Public Schools 2009 Capital Facilities Plan & Impact Fee (LUTC 11-3-
08) -APPROVED
c. Pacific Hwy. South HOV Lanes Phase IV (Dash Point Rd. to S 31ih) Project-
85% Design Status Report (LUTC 11-3-08) -APPROVED
d. Interlocal Agreement with Lakehaven Utility District for Design & Construction
of S 356th at SR 99 Intersection Improvement Project (LUTC 11-3-08) -APPROVED
e. Ordinance: Commute Trip Reduction (First reading 11-4-08) ORDINANCE #08-586
f. Grant Funding for Police Department Registered Sex Offender Program (PRHSP
11-6-08) -APPROVED
g. Federal Way Community Center Cafe Vendor (PRHSP 11-6-08) -APPROVED
MOTION: DEPUTY MAYOR FAISON MOVED APPROVAL OF THE CONSENT
AGENDA AS PRESENTED; COUNCILMEMBER PARK SECOND.
VOTE: MOTION PASSED 6-0.
11-18-2008 City Council Regular Meeting Minutes
Page 3 of 6
6. PUBLIC HEARING
a. 2009-2010 Proposed Biennial Budget
Mayor Dovey read the rules of the public hearing and opened the Public Hearing
Finance Director, Tho Kraus, provided a brief presentation on the proposed 2009-2010
Budget.
Mayor Dovey called for public comments. Hearing none, he asked for Council questions.
Hearing none the following motion was made:
MOTION: MAYOR DOVEY MOVED TO CLOSE THE PUBLIC HEARING ON THE 2009-
2010 PROPOSED BUDGET; DEPUTY MAYOR FAISON SECOND.
VOTE: MOTION CARRIED 6-0.
7. COUNCIL BUSINESS
a. Lieutenants' Association Collective Bargaining Agreement
City Attorney, Pat Richardson, provided a summary of the recent revisions to the
agreement. She stated the bargaining team's recommendation is to approve the
agreement.
MOTION: DEPUTY MAYOR FAISON MOVED APPROVAL OF THE LIEUTENANTS'
ASSOCIATION COLLECTIVE BARGAINING AGREEMENT; COUNCILMEMBER
FERRELL SECOND.
VOTE: MOTION CARRIED 6-0
b. Centerstage Management Proposal for the Knutzen Family Theater
Mary Faber, Recreations and Culural Services Supervisor provided a brief presentation
on this item. Centerstage has managed the theatre for the past four years. The Arts
Commission reviewed their current proposal, and their recommendation was to conduct a
Request for Proposal (RFP), rather than approve the Centerstage proposal.
Finance Director Tho Kraus reviewed the 2008 financial history for the Knutzen Family
Theatre. Council discussed the option of conducting an RFP.
MOTION: COUNCILMEMBER BURBIDGE MOVED TO ISSUE A REQUEST FOR
PROPOSAL TO MANAGE THE KNUTZEN FAMILY; DEPUTY MAYOR FAISON
SECOND.
Friendly Amendment: Council member Duclos requested the item come back to
Council at the February 17, 2009 meeting for action. The friendly amendment was
accepted by maker and second.
VOTE: MOTION CARRIED 6-0.
11-18-2008 City Council Regular Meeting Minutes
Page 4 of 6
c. Extend Bond financing for AMC Theater Site Purchase
Assistant City Manager, Bryant Enge, stated this was a follow up from discussion at the
November 4 Council meeting. The maturity date for the bond that was used to purchase
the AMC Theater property is December 28, 2008. If the City extends the maturity date to
December 2009, it will collect interest in the $4,100,000. principal.
MOTION: COUNCILMEMBER PARK MOVED TO FORWARD THE ORDINANCE TO
SECOND READING ON DECEMBER 2, 2008.
VOTE: THE MOTION CARRIED 6-0.
8. INTRODUCTION AND FIRST READING OF ORDINANCES
a. 2009 Property Tax Ordinance
Finance Director, Tho Kraus, provided the Council with a brief presentation on the 2009
Property Tax Ordinance.
MOTION: COUNCILMEMBER PARK MOVED TO FORWARD THE ORDINANCE TO
SECOND READING ON DECEMBER 2,2008; DEPUTY MAYOR FAISON SECOND.
VOTE: MOTION CARRIED 6-0.
9. CITY COUNCIL REPORTS
Councilmember Ferrell had no report.
Councilmember Duclos provided a summary of the Metropolitan Solid Waste Forum
meeting she attended.
Council member Burbidge reported the South Area Transportation Board met and
discussed road tolling. She would like the Council to discuss the Light Rail Plan at a future
meeting.
Councilmember Park reported the next meeting of the Finance/Economic
Development/Regional Affairs Committee will be held Novemeber 25, 2008 in the Hylebos
Room..
Mayor Dovey reported on an upcoming speaking engagement.
Deputy Mayor Faison had no report.
10. CITY MANAGER REPORT
Mr. Beets stated the Council will be adjourning into Executive Session to discuss
Collective Bargaining pursuant to RCW 42.30.140(4 )(b); which should last
approximately li...ffi minutes with no action anticipated.
11-18-2008 City Council Regular Meeting Minutes
Page 5 of 6
11. EXECUTIVE SESSION
The Council adjourned to executive session at 9:07 p.m. and reconvened at 9:16 p.m.
The Council discussed the Cost of Living Adjustment (COLA) for staff. The Council
consensus was to allow City Manager Beets flexibility in awarding a 4.5% COLA adjustment
to staff.
12. ADJOURNMENT
With no further business before the Council, Mayor Dovey adjourned the meeting at 9:20
p.m.
ATTEST:
Carol McNeilly, CMC, City Clerk
Approved by Council:
11-18-2008 City Council Regular Meeting Minutes
Page 60(6
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:
[8J Consent D Ordinance D Public Hearing
D City Council Business D Resolution D Other
S~AFF ~.!.9RT ~!.:.._I~~_~~~s_L.final!~c::_Qire<?_~~~__._____.___.____ DEPT: Finance
Attachments:
· October 2008 Monthly Financial Report
Options Considered:
I. Approve the October 2008 Monthly Financial Report as presented and forward to the December 2, 2008 Council
Consent Agenda.
2. Deny approval of the October 2008 Monthly Financial Report and provide direction to staff.
STAFF RECOMMENDATION: Staffrecommends approval of Option 1.
CITY MANAGER APPROVAL:
DIRECTOR APPROVAL:
~
~
Committee Council
COMMITTEE RECOMMENDATION: Forward approval of the October 2008 Monthly Financial Report to the December
2, 2008 City Council Consent Agenda.
~t;(Jd
Eric Faison, ~mber
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 TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
emf A
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 $1.3M 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
GENERAL & STREET FUND Annual Annual YTD Annual YTD YTD Favorable (Unfavorable)
Summary of SOu~" &Usell 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%
OPERATING 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 1,217,114 990,124 996,825 804,144 1.260,623 456.479 58.8%
Building Permits/Fees-CD 2,278,857 2,689,040 2,188,204 2,182,100 1,854,816 1,284,956 (589,859) -30.7%
ROW Permits & Develop SVC5 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%
~dmin/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%
IOnaoina Transfers In:
Utility Tax-Celebration Park 255,800 255,800 255,800 266,000 266,000 266,000 - 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-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%
~D"'''''' ".... / ........ "'1' .;;'/>\"'\\;''3i$%
OPERATING 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 Services 1,917,520 1,763,045 1,400,166 2,062,658 1,638,112 1,723,317 (85,205) -5.2%
CiviVCriminal Legal Services 1,283,590 1,160,696 950,766 1,390,944 1,139,370 1.081,457 57,912 5.1%
Comm. Development SVC5 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 Services 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%
otal 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 overt(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 Sou~es 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 n/a n/a
One- Time Transfers 1,496,000 1,330,000 1,030,000 - - - n/a n/a
Total Other Financing Uses 1,496,000 1,330,000 1,030,000 3,036,935 85,260 85,260 nta n/a
Total Endina Fund Balance $ 3,889,243 $ 7,743,581 $ 9,933,085 $ 1,649,783 $ 7,131,933 $ 6,484,938 nta nta
DESIGNATED OPERATING FUNDS
Through October, designated operating funds revenue total $22.5M and is $l.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 ofthese 2,324 were warnings, and 1,867 were citations.
2007 2008 Variance
DESIGNATED OPERATING FUNDS Annual Annual YTD Annual YTD YTD Favorable (Unfolvorable)
ummaryof Sources & Uses Budget Mtual Mtual Budget Budget Mtual $ %
Begin Balance-Designated Funds $ 9,705,215 $ 9,705,215 $ 9,705,215 $ 5.798,400 $ 7,303,438 $ 7,303,438 $ - 0.0%
OPERATING REVENUES
Intergovernmental 559,023 561,232 465,026 559,023 463,198 440,663 (22,533) -4.9%
Utility Taxe. 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 175,100 191,691 159,819 180.354 148,746 184.104 15.355 10.3%
Real Estate Excise Tax 4,800,000 4,898,537 4,413,127 3,300,000 2,828,837 2,437.401 (391.438) -13.8%
FW Community Center-Transition 33,820 17,440 50,201 - - - - nla
FW Community Center-Operations 1,248,117 906,126 586,912 1,663,407 1.386.173 1,174,237 (211,935) -15.3%
rafflc Safety Fund - - - - - 25,922 25,922 nla
Dumas Bay Centre 538,126 518,484 455,101 634,711 557,142 416,161 (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 2,843,925 2,843,925 - 0.0%
Refuse Collection Fees 242,850 259,014 215,845 242,850 202,375 240,944 38,569 19.1%
Interest Earnings 249,970 524,350 435,731 159,970 132,934 266,843 135,_ 102.2%
Miscellaneous/Other 4,000 25,002 25,002 4,000 - - - nla
Onooino Transfers In:
Utility Tax-Knutzen Theatre 125,495 125,495 125,495 129,260 129,260 129,260 - 0.0%
Utility Tax-Debt Service 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%
olalOp!!ratlng Revenues 26,041,043 27,849,780 22,341,432 25,610,212 21,235,449 22,543,475 1.308.028 8.2%
OPERATING EXPENDITURES
City Ovenay Program 2,662,975 2.494,146 2,420,518 2,412,849 1.938,716 1,938,716 - 0.0%
Utility Tax-Admin/Cash Mgmt Fees 57,449 57,449 47,674 59,747 49,789 49,789 (0) 0.0%
Solid Waste 364,890 336,566 284,791 375,060 295,056 296,998 (1,942) -0.7%
HotellMotel Lodging Tax 351,184 194,607 184,507 385,510 365,502 167,778 197,724 54.1%
FW Community Center TransitionlStart 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%
raflic 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 2,669,747 2,736.360 (46,613) -1.7%
Dumas Bay Centre 593,888 561.882 479,281 643,413 548,626 467,059 81,767 14.9%
Knutzen Family Theatre 262.539 236,162 167,656 210,939 149.750 232,259 (82,509) -55.1%
Ononino Transfers Oul'
Utility Tax-Celebration Park 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 CommlRW&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 284,275 264,275 284,275 321,592 321.592 321,592 - 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 125,495 125,495 125,495 129,260 129,260 129,260 - 0.0%
Utility Tax-Arterial Streets Ovenay 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 Service 1,530,300 1,530,300 - - - - - nI.
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 1,238,728 1,761,946 1,761,946 1.761,946 - 0.0%
Utility Tax-Community Center Debt Svc 917,163 917,183 - 913,333 913,333 913,333 - 0.0%
Utility Tax-New Parks M&O 59,000 59,000 59,000 62,000 62,000 62,000 - 0.0%
olal Operating Expenditures 29,331,322 28;210,629 21,548,$$8 18,238,796 15,464.887 15,375,605 89,282 0.$%
Op!!ratlng Revenues over/(under)
Op!!ratlng Expenditures (3,290,278) (360,849) 794,734 7,371,416 5,770,562 7,187,869 1,397,309 24.2%
OTHER FINANCING SOURCES
One- Time Transfers In 5,733,605 5,733,805 4,583,805 - - - - nI.
GrantslMitigationlOther 256,061 223,265 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%
OTHER FINANCING USES
One- Time Transfers OuVOther 6,188,913 6,188,911 4,222,703 4,964,300 3,193,966 3,193,966 - 0.0%
Tolal Other Financing Uses 6,188,913 8,188,911 4,222.703 4,964,300 3,193,968 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 3,552,184 1,792,927 - 3,198,179 nla nla
Solid Waste & Recycling 115,938 138,508 68,245 144,298 - 143,886 nla nla
HotellMotel Lodging Tax 0 198,155 (18,737) - - 198,034 nla nla
FW Community Center 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 33,687 44,892 - 42,806 nla nla
Debt Service Fund 1,462,083 2,089,658 3,571,734 2,787,255 - 4,017 ,363 nla nla
Surface Water Management 903,568 928,050 881,956 187,607 - 555,539 nla nla
Dumas Bay Centre Operations 3,640 (76,244) (56,594) (72,588) - (127,142) nla nla
Knutzen Family Theatre 8.786 98,721 138,576 97,135 - 55,060 nla nla
Tolal Ending Fund Balance $ 4,494,322 S 7,303,438 $ 8,968,923 S 5,874,593 $ - $ 9,774,293 nla nla
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 $173M 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
($1.1M), 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 $1.1M. Compared to 2008 YTD
budget, sales tax revenues are down $437K
or 4%. The decrease in overall sales
revenues is due to the decrease in
Construction Activities.
'.."Ai
2007 2008 2008 Changefrotn2()(17 2008Actual'l$Budget
Month Actual Budget Actual $Var " Var $Yar' "Var
Jan $ 693,595 $ 227,769 $ 590,477 $ (103,118) -14.9% $ 362,708 159.2%
Feb 219,522 227,410 511,905 292,383 133.2% 284,495 125.1%
Mar 626,241 302,216 162,401 (463,839) -74.1% (139,815) -46.3%
Apr ~,747 344,145 144,395 (362,352) -71.5% (199,750) -58.0%
May 484,527 295,262 134,252 (350.275) -72.3% (161,030) -54.5%
Jun 520,650 343,936 130,736 (389,914) -74.9% (213,200) -62.0%
Jul 407,081 271,423 223,161 (183,920) -45.2% (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%
Nav 302,465 265,674 - - - - -
Dee 182,946 205,487 - - .
YTDTotal $4,413,127 $2,828,837 $2,437,401 $(1,975,727) -44.8% $ (391,436) -13.8%
Annual Total $4,898,537 $3,300,000
LOCAL RETAIL SALES TAX REVENUES
Year-to-datethruOctobet
At:, 2008 2 hilngetrotn ZOOt
IdOnth .' Budget Actua $ " $ .... " .
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%
Mar 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%
Jun 1,007,794 1,010,947 883,361 (124,434) -12.3% (127,586) -12.6%
JJI 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%
I't)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).
COIdPARISONOF SALES TAX COLLECTIONSSYSIC GROUP
Year-to-datethru October
Component ZOOT 2008 Changefroirf2OO1
Group Actual Actual $ %
Retail Trade $ 5,703,303 $ 5,582,945 $ (120,358) -2.1%
Services 2,070,944 $ 2,101,907 $ 30,963 1.5%
ConstrucUContract 1,600,797 $ 1,132,672 $ (468,125) -29.2%
VVholesaling 417,868 $ 530,819 $ 112,951 27.0%
TransplUliIity 5,821 $ 18,754 $ 12,934 222.2%
~formation 436,984 $ 467,970 $ 30,986 7.1%
Manufacturing 182,668 $ 218,910 $ 36,241 19.8%
Government 73,560 $ 43,501 $ (30,059) -40.9%
Rn/~slReal 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 $31K 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 Professional/Scientific 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 $113K 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 4% 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.
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 ($6K), and Printing & Related Support ($SK).
Government activity shows a decrease of $30K or 41% compared to 2007's activity mainly due to nonclassifiable
establishment ($34K).
Sales Tax bv Area
The City's largest retail center, South 34Sth, which generates 12% of the
City's sales tax, is showing a decrease of $S6K 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 $3SK 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 $SOK offset by a decrease in Automotive Repair
of$2K and Retail Food Stores of$2K.
Pavilion Center tax collections shows an increase ofless than $IK or less
than 1 % 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 200S.
Federal Way Crossings tax collection is up by $29K or 16% compared to
the prior year.
ChgJrom2007
..Grolll) 2007 2008 ..$ %
Total Sales Tax $10,806,024 $10,402,938 ($403,086) -3.7%
S 348th Retaillllock $1.353,791 $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%
TheCornrn ons 924,308 886,523 ($37,785) 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 336,905 261,466 ($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%
5 312th to 5 316th 685,799 760,109 $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 437.576 438,Oa3 $507 0.12%
% chg from prev yr 7.7% 0.1% na na
Percentage of total 4.0% 4.2% 0.2"" 4.00%
HCltels& Motels 156,385 = .159,238 2,853 1.82~
% chg from prev yr 18.8% 1.8% na na
Percentage of total 1.4% 1.5% 0.1% 5.77%
FWCrllssillAS 189,460 218,942 29,482 15;5$~
% chg from prev yr na 15.56% na na
Percentage of total na 2.1% na na
Gambling Tax
Gambling tax collection through October is $1.1M. In comparison to 2007 year-to-date collection, 200S's tax collection is
$99K or S% below the same period. Compared to 200S YTD budget, gambling revenues are down $IOIK or S%. 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 200S actual vs.
budget variance is an unfavorable variance of $7K or less than 1%.
GAMBLING .TAX REVENUE
Year. To-Date Through .October
2007 2008 2008 Chang.efrom .2007 2008 Actualvs Budget
Month Actual Budget Actual $var %Var $Val" %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%
llllar 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%
llllay 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 $ 1,224,606 $ 1,123,662 $ (99,083) -8.1% $ (100,844) -8.2%
Annual Total $ 1,489,952 $ 1,400,000
Hotel/Motel 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 hoteVmotel in 2008. Compared to 2008 YTD Budget, lodging tax is $15K or 10% above
budget.
HOTEUMOTEL LOOGING TAXREVENUES
Y,,"'o-dete thruOctober
2007 2008 2008 Chenge'rom 2007 200t Actuel ~Budget
Month Actuel Budget Actuet $Ver 'Wer $Ver "Ver
Jan $ 13,411 $ 11,621 $ 14,985 $ 1.574 11.7% $ 3,3&4 28.9%
Feb 14,883 13,813 14,907 24 0.2% 1,094 7.9%
Mar 12,748 11,937 11,171 (1,577) -12.4% (766) -6.4%
Apr 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%
.lun 13,241 12,814 13,684 443 3.3% 870 6.8%
Jul 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%
Nov 17,735 17,015
Dee 14,136 14,591
YTD Total $ 159,819 $ 148,746 $ 164,104 $ 4,285 2.7% $ 15,355 10.3%
Annual Total $ 191,691 $ 180,354
Utility Tax
Utility taxes received through October total $l1.3M (includes Proposition 1 utility tax revenues), and is above 2007 year to
date collections by $1.lM 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.
UTll.JTVTAXES
V..r.t"atethru.October
20Iil :lOO8 = Cltange'roni2D07 2008 Al:tual IfsBlIdfl<<
Month Actlllll BlIdget $Var ""V.r $Va, ""Va,
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%
Apr 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%
Jun 950,406 787,336 1,142,902 192.496 20.3% 355,566 45.2%
Jul 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%
f'bv 1,006,830 989,907 - - - - -
Dilc 1,561,566 1,295,082 - - - - -
YTDTotal $10,228,066 $ 9,497,679 $ 11,341,277 $1,113,216 10.9% $1,843,700 19.4"11
Annual
Total $12,796,461 $11,782,569
UTIL/TYTAXES
Year.to.date thruOctober
2007 2008 Change fl'J/f1l21107
Actual Actual 1:vai "Val'
8ectric $ 3.414,365 $ 4,006,243 $ 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%
Phone 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%
8m 255,071 245,771 (9,300) -3.6%
Tax Rebate (5,588) (9,528) (3,940) 70.5%
YTDTotal $ 10,228,065 $ 11,341,277 $ 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 1
collections. This is primarily due to not implementing Prop 1 utility tax until March 2007 (accounts for $557K ofthe
variance).
Year-to-date Prop 1 tax collections total of$2.6M or approximately 99% of the total budget of$2.6M.
~ 6.00% UlIIItY
ClUII' Tellr 20 IS ~~~ '..t17!W.
1.75%' Total 6.00% 1.75% ' Total %Cha ' Change % Cha
January $ 845,364 $ - $ 845,364 $ 933,051 $ 272,140 $ !:.2~05, 190 $ 87,686 10.4% $ 272,140 1 ()(lO%
Fehruary . 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%
Ju~f._ ........ 727,942 212,370 940,312 nO,236 224,652 994,888 42,294 5.8% 12,282 5.5%
....._._.......m........................._ .. ..... ....... 'i06~496 .....................- .........---................ _........-.......................................... ..............-...................-.....-.".-.. ....-........,-.............-................ ....--..................................--... .. "-6:20/; ---12;711- .-.----5:8%
August 707,985 914,461 751,566 219,207 970,773 43,581
SepterTter "-224,461 -----roo'"S55 ~-. 204-;4"16- --So5,m -- (68,726) --
769,581 994,042 -8.9% (20,045) -9.8%
-.-..-- ~.-._-,-~...... ----.-. 78i.222 --. 1,0{i,662 21,833 2.9% 6,314 2.8%
October 761,389 222,126 983,515 228,440
Noven1ler 779,481 227,349 1,006,830
Decen1ler 1,208,974 352,592 1,561,566
YTD Total $ 8,404,154 $ 1,823,912 $ 10,228,065 $ 8,780,345 $ 2,560,934 $11,341,277 $ 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 n/a nla n/a nla n/a
Annual Budget $ 9,013,787 $ 2,022,500 11,036,287 $ 9,197,069 $ 2,585,500 $ 11,782,569 nla n/a n/a nla
Year-to-date prop 1 expenditures total $2.0M or 70% ofthe $2.8M budget. The negative 2008 budgeted ending fund balance
of $21 OK 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 1.
2007 2008 LIFE TO DATE
PROP 1 Annual Annual Annual YTD TOTAL
Budget Actual Budget Actual $
Beainnina Balance: $ - $ - $ 646,736 $ 646,736 nla
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
April 251 ,377 276,447 240,543 286,1 90 562,637
Mav 219,045 238,931 224,867 250,018 488,949
June 187,902 214,641 172,769 258,075 472,716
Julv 1 82,801 212,370 209,540 224,652 437,022
Auoust 170,082 206,496 181 ,747 21 9,207 425,703
September 175,237 224,461 156,459 204,416 428,877
October 1 93,960 222,126 216,01 8 228,440 450,565
November 191 ,454 227,349 217,220 - 227,349
December 21 1 ,262 352,592 284,185 - 352,592
2,022,500 2 403,852 2 585,500 2,560,934 4,964 786
OPERATING EXPENDITURES
Public Safety Improvement Positions & Costs:
Police Services (includes swom postions,
records clerk, and indirect Infonnation
Technology support costs) 1 ,372,221 1 ,300,020 1 ,91 3,281 1 ,425,349 2,725,369
Court Services (includes Judge, Court Clerk,
Prosecutor, public defender contract, and
indirect I nfonnation Technoloav sUDDortl 253,450 252,495 339,563 280,924 533 41 9
Total PUblic Safety Imorovement Positions & 1,625,671 1,552,515. 2,252,844 1 706,273 3.258.788
Community Safety Program Costs:
Code Enforcement Officer 61 ,794 58,799 90,551 73,454 1 32,252
Code Enforcement Civil Attomey 47,947 39,066 65,059 56,489 95,555
Park Maintenance 70,807 71 ,437 97,838 82,516 ~:mt
!Total Community Safety ImOfOvement Proara 180,548 169,301 253,448 212,458
Indirect Support - HR Analvst 31 ,281 35,300 41 ,708 42,779 78,079
SafeCitv M&O - - 37,500 - -
Total Onaoina Exoenditures 1,837,500 1,757,116 2,585,500 1,961.510 3,718.626
SafeC itv StartuD 1 85,000 - 210 000 17,641 17,641
~ 2.022,500 1,757,116 1.979,151 3,736,267
- S .. . .' /$ 1~tfJj
State Shared Revenue
Year-to-date distribution of$4.5M is below 2001'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.
STATESHAFlEDFlEIIENUES
Year to datethrl/Octobet'
2007 2008 Challde -~
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 Jus t - Population 83,759 87,544 3,785 4.6%
Crirrinal Just High Crirre 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%
CUI- Cities 15,041 15,791 749 5.3%
YTDTotal $ 4,606,428 $ 4,546,356 $ (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 2001'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 PERMllS & FEES
Year-to-Dat8. Through Octl!ber
2007 2008 2008 ChangefrOin2007 2008 Actual \IS 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%
Nav 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) -30.7%
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 2001'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 Professional/Consulting Contracts ($88K). Other savings were noted in the one-time
accounts ($265K) based on 2007 spending patterns.
ROW PERMITS & DEVELOPMENT SERVICES FEES
Year-to-Dat8 Through October
2007 2008 2008 Change frOm 2007 2008 Actual vs Budget
Actual Budget Actual $ % $ %
Jan 33,025 31,646 46,426 13,401 40.6% 14,780 46.7%
Feb 50,655 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%
Apr 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
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 salary/benefit 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 $ ~
Training $ 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 Portion 706,887 799,111 92,223 13%
Contract/Grant 47,234 45,698 (1,535) -3%
Traffic School 38,235 28,872 (9,363) -25%
Billable 85,469 74,570 (10,899) -13%
Grand T alai $ 792,356 $ 873,681 $ 81,324 10%
PSOvertlme By Month
2007 2008 2008 Change from 2007 2008 Actual vs. Budget
Actual Budget Actual $ % $ %
Jan $ 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%
Jun $ 84,568 $ 41,623 65,703 (18,864) -22% 24,080 57.9%
Jut $ 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%
Sep $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 $1.1M and is below the year-to-date budget estimate of$1.4M by $271K. 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 ofEnumclaw. 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$1.1M is $IIK 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.
COlRT.REVelE
Through October
2007 2008 2008 Changefrom2007 2008 Actual v5 Budget
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%
March 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%
May 79,456 71,523 144,650 65,195 82.1% 73,127 102.2%
June 96,805 89,729 105,540 8,735 9.0% 15,812 17.6%
July 90,014 72,981 121,874 31,860 35.4% 48,892 67.0%
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) -8.6% 42,001 60.0%
Noverrber 120,895 92,970 - - - -
Decerrber 90,603 74,869 - - - - -
Subtotal $ 903,930 $ 722,986 $1,180,776 $ 276,846 30.6% 457,790 63.3%
A'obation Svcs 86,178 81,159 79,827 (6,350) -7.4% (1,331) -1.6%
YTDTotal $ 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
COl.RT REVEHE
By CategoryTllrough October
2007 2008 Change from 2007
Actual Actual $Var %Var
Ovil Penalties $ 11,m $ 19,028 $ 7,252 61.6%
Traffic & l'bl-Parking 589,888 829,068 239,180 40.5%
Parking nfractions 39,246 66.040 I 26,795 68.3%
00 & Other Msd 75,192 51,645 (23,547) -31.3%
Dininal Traffic Msd 29,824 6,321 (23,503) -78.8%
Dirrinal Costs 40,105 66,618 26,511 66.1%
nteresll Other I Msc 29,687 36,918 7,231 24.4%
Dirrinal Conv Fees 19,543 19,620 78 0.4%
Shared Court Costs 14,472 24,616 10,144 70.1%
Services & O1arges 54,198 80,904 6,706 12.4%
Subtotal $ 903,930 $1,180,776 $ 276,846 30.6%
A'obalion Services 86,178 79,827 (6,350) -7.4%
YTDTotal $ 990,124 $1,260,623 $ 270,499 27.3%
Federal Way 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 .YlD Annual YlD $
Community Center Budget Acfual Acfual Budget Budget YTDAcfual %
Beginning Fund Balance $ 55,273 $ 55,273 $ 55,273 $ 21,394 $ 21,394 $ 21,394 nI n1a
Revenues
Admissions $ 962,250 $ 614,713 $ 372,012 $1,183,407 $ 986,173 $ 643,835 $1142,337 -14.4%
Youth Athletic Proarams 15,750 - - 19,000 15.833 14,335 (1,498 -9.5%
Open Gymllndoor Plavoround 500 - t50 1,000 833 - t833 -100.0%
Aquatics Programs-Lessons/Classes 76,180 96,750 97,468 148,000 123,333 94,683 --i28,650 -23.2%
Childcare Fees 19,832 8,018 (15 10,000 8,333 3,220 15,113 -61.4%
Fitness Trainino Fees 14,625 6,890 1,061 5,000 4,167 3,477 1689 -16.5%
TaweUequipment Rentals 4,570 - - 8,000 6,667 - (6,667 -100.0%
Pool Rentals/Comoetitive-LaD Lanes 18,300 31,569 92,278 36,000 30,000 14,959 115,041 -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%
ConcessionsNendino 11,050 7,913 - 19,000 15,833 - t15.833 -100.0%
Interest Earnings/Other Misc Revenues - 25,672 14,612 - - 2,598 2,598 n1a
Total Revenue 1,248,117 906,126 586,912 1,663,407 1,386,173 1,174,237 t211,936 -16.3%
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 t21,497 -19.4%
Other SelVices & Chal'!les 128,693 60,072 32,661 171.591 142,993 106,166 36,807 25.7%
Utility Cost 165,751 248,776 153,796 221,000 164,167 292,652 (108,485 -58.9%
Interaovernmental 1,029 9,741 7,026 2,000 1,667 14,210 t12,544 -752.6%
Capital 16.500 5,085 5,085 22.000 18,333 - 18,333 100.0%
Internal Service Chal'!les 104.678 95,909 87,240 119,531 99,609 99,611 12 0.0%
Total Expenditures 1,396,921 1,331,910 1,001.293 1,901,761 1,664,801 1,638,416 163,616 -3.4%
Ooerating Rev Over I (Under Exp) 1148,804 1426,7861 1414,382 (238,364 (198,6281 1464,178 1266,660 133.7%
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 - - - - n1a
Transfer In from Utax Fund 492,923 492,923 492,923 528,348 440,290 440,290 - 0.0%
Total Other Sources 730,648 714,168 746,929 528,348 440,290 440,290 - 0.0%
Other Uses
Transition/StartuD Costs 397,917 322,263 330,329 - - - - n1a
Total Other Uses 397,917 322,263 330,329 - - - - nla
Net Income 183,827 133,879) 2,218 289,994 241,662 (23,888) 1266,660 -109.9%
Ending Balance $ 239,101 $ 21,394 $ 67,491 $ 311,388 $ 263,066 $ 2,494 $ t266,650 -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
GymlIndoor Playground and Towel/Equipment 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 1O/12th ofthe 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.
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 $IK.
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 $1.0M 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 of 59.9%. General Recreation showed an increase
of $140K from year-to-date 2007 and this is due to Spring/Summer Camps attendance doubling from 2007 to 2008 due to
increase publicity (80-100 children in 2007 to avg. 170 children per week in 2008). Considering indirect administration costs,
the recovery ratio is reduced to 68.9% or 23.7% above the annual budgeted recovery ratio of 45.2%.
The table below is a comparison of budgeted versus actual subsidy and recovery ratio by program.
RECREATION, CULTURAL SERVICES, COMMUNITY CENTER AND DUMAS BAY CENTRE PERFORMANCE
Year to Date Through October 2008
Buda..t Actual
Recovery Recovery Variance
Program Revenue "'''DRnd Sub$idv Ratio Revenue Ex"""d $ub$idv . Ratio Subsidy
GENERAL RECREATION
Steel Lake Aquatics 2,000 20,360 18,360 9.8% - 20,081 - nla nla
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% $ 366,076
Administration - 322,914 322,914 nla - 288,027 288,027 nla 34,887
I TOTAL GENERAL RECREATION 1$ 694,916 1 $ 1,316,711 1 $
I TOTAL FW COMMUNITY CENTER I $ 1 663 407 I $ 1 901 761 1 $
, , ,
I DUMAS BAY CENTRE 1 I
I Dumas Bay Centre 634,711 643,413 8,702" I 98.6%1 416,161 467,059 50.899 89.1% (42, 197~
I Knutzen Family Theatre 77,955 210,939 132,984" I 37.0%1 76,816 232,259 155,443 33.1% (22,459)1
720,796 1
238 364 1
46.2%1 $
87 6%1 $
710,623 1 $ 1,031,466 1 $320,833 1
11742371 $ 16384161 $ 4641781
68.9%1 $399,963 I
71 7%1 ($226 824~
I TOTAL DUMAS BAY CENTRE
Arts Commission
GRAND TOTAL
492,977 I $
5,640
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 Familv Theatre
Operating revenue of $77K is above year to date budget of $61K 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.
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 $1.IM 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.
US T-BOND 912828LP/GP9
Subtotal In-House Investments
Maturity Yield to
Date Matu .
08110/07
$1,000,000
$1,000,000
1 012,723 4130/2009
1,012,723
4.50%
15
4.50%
1.17%
State Investment Pool
58173737
1 da
2.47%
& Yield
2.53%
59,186,460
The total invested balance atthe end of October is $59. 19M, which includes $58.17M in the state investment pool, and $1.0IM
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
18 Bank
Depostts
6.45%
6.0%
5.0%
4.0%
Oscount
Noles 39.67%
3.0%
2.0%
1.0%
. 6 Month T-BiII
. Stale In-.estm ent Pool
Din-house In-.estment
. Portfolio A-.erage
0.0%
2003 2004 2005 2006 2007 2008
COUNCIL MEETING DATE: December 2,2008
ITEM #: 5.c
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
CATEGORY:
~ Consent 0 Ordinance 0 Public Hearing
o City Council Business 0 Resolution 0 Other
.~.!.~~!"_~.l.?Q~!.BY...:.I~..~~~!!..~!..f~~~~~...!?!~~~!?~.~....................._................................................................._............_..DE!~.=...~~~~~:.....__..___.....___....._........._._...
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:
HI move approval of the vouchers andforward to the December 2,2008 Council Meetingfor approval."
Committee Member
PROPOSED COUNCIL MOTION: HI move approval of the vouchers pursuant to RCW 42.24."
(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 #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
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 1 0/31/2008 010820 A-l 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 PO-DUPLICATE KEYS 26.43
207684 10/31/2008 000664 ACAP CHILD & FAMILY SERVICES. 1,500.00
10/21/2008 3RD QTR 2008 CDHS-AG07-055 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-AG07-002 STREET SWEEPING- 10,348.35
207687 10131/2008 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 1 0/31/2008 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
10nt2008 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
1 0/8/2008 5509 PARKS-AG04-009:9/08 DBC- 4,304.07
10/8/2008 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 0305983151001 MSTEL-LONG DISTANCE SVC- 2.59
207700 1 0/31/2008 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 MAl NT 626.38
10/4/2008 2727934061 MIS-(9/08) PBX MAINT 67.71
207701 1 0/31/2008 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 L T, 348TH, 1.613.20
1 0/21/2008 289667 PKM-10/08-356TH PK LT, 348TH, 272.50
Bank of America Page 2 of 34
Check No. Date Vendor Inv Date Invoice Description 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 PD-VOLUNTEER HOLIDAY NOTE-IT G 208.99
207705 1 0/31/2008 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 aTR 2008 CDHS-AG08-116 BIG BROTHER/SIST 3,662.00
207707 10/31/2008 011064 BIOGROUPUSA, INC. 294.30
8/14/2008 FED81408 SWR-FOOD SCRAP COMPOSTABLE BAG 294.30
207708 10/31/2008 010185 BIRD, FERESIKA S 80.00
10/17/2008 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 aTR 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 WRINKLE T-SHIRTS 453.44
207711 10/31/2008 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 10/31/2008 004919 BRATWEAR, 1,120.38
8/19/2008 312858 PD-JUMPSUIT REPAIRS LEFEBVRE 112.61
10/6/2008 312966 PD-WlNTER JUMPSUITS- 973.77
10/10/2008 313183 PD-TASER INSERT MATTSON 34.00
207713 1 0/31/2008 004866 BRIM TRACTOR COMPANY INC, 378.61
10/8/2008 IL 19847 MSFL T-REPAIR/MAINT SVCS 56.04
10/8/2008 1L19878 MSFL T-REPAIR/MAINT SVCS 11.34
10/212008 IE08602 MSFL T-REPAIR/MAINT SVCS 311.23
207714 1 0/31/2008 007375 BROWN AND CALDWELL, 1,426.25
10/13/2008 1489729 SWM-AG06-031 LAKES OUTLET IMPR 1,426.25
207715 10/31/2008 010464 BUSTER, JOHN 945.00
10/14/2008 BUSTER 2008 PD-TUITION REIMB J BUSTER 945.00
207716 10/31/2008 003093 CASCADE COMPUTER MAINTENANCE, 1,081.28
1 0/9/2008 9140640 MSDP-(11/08) PRINTER MAINTENAN 54.06
10/9/2008 9140640 MSDP-(11/08) PRINTER MAINTENAN 594.70
1 0/9/2008 9140640 MSDP-(11/08) PRINTER MAINTENAN 432.52
207717 10/31/2008 011081 CASE POWER & EaUIPMENT, 140.69
1 0/3/2008 E61114 MSFL T-SKY HOOK 98.05
1On/2008 E61124 MSFL T-FUEL GAUGE, ORING 250.43
10n/2008 E61224 MSFL T-VEHICLE MAl NT -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 aTR 2008 CDHS-AG07-049 AFTER HOURS HOUS 490.52
10/9/2008 3RD aTR 2008 CDHS-AG07-049 AFTER HOURS HOUS 669.57
207719 10/31/2008 010954 CEDAR GROVE ORGANICS RECYCLING, 22.95
9/30/2008 14881 SWR-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 PD-BARRICADE TAPE 20.00
207722 10/31/2008 005657 CHOICEPOINT BUSINESS AND, 70.00
9/30/2008 ABOOO1876029 PD-(9/08) AUTO TRACKXP SVCS 70.00
207723 10/31/2008 008426 CHRISTIAN FAITH CENTER, 759.00
10/10/2008 02-57019 REFUND CD5-02-57019 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
1 on /2008 37759 PARK-AG08-121 PD GENERATOR INS 647.85
207726 10/31/2008 010360 CITY OF FEDERAL WAY, 2,761.51
10/13/2008 CK #1072 PD-NAFTO CONF. SHUPP 145.00
10/13/2008 CK #1 072 PD-NAFTO CONF. SHUPP 275.28
10/14/2008 CK #1073 PD- SPILLMAN USER CONF. ELLENB 90.00
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
10/15/2008 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 PD-SPILLMAN USER CONF. SCHROCK 90.00
1 0/20/2008 CK#1074 PD-SPltLMAN 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
9130/2008 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 FWCC-JANITORIAL SUPPLIES 23.29
9/17/2008 W1975824 FWCC-JANITORIAL SUPPLIES 636.85
207730 10/31/2008 001127 COMMUNITY HEALTH CENTERS, 7,012.25
1 on 12008 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 10/31/2008 008907 CONSEJO COUNSELING &, 1.250.00
10/21/2008 3RD QTR 2008 CDHS-AG07-048 DOMESTIC VIOLENC 1,250.00
207732 1 0/31/2008 008445 COPIERS NORTHWEST 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-COPIERITONER SUPPLIES 81.32
10/15/2008 46158 MIS-COPIERITONER SUPPLIES 16.88
10/15/2008 46158 MIS-COPIERITONER SUPPLIES 168.84
10/15/2008 46158 MIS-COPIERITONER SUPPLIES 151.96
10nt2008 46044 MIS-COPIERITONER SUPPLIES 61.32
10nt2008 46044 MIS-COPIERlTONER SUPPLIES 613.17
10nt2008 46044 MIS-COPIERITONER SUPPLIES 551.85
10/6/2008 45993 MIS-COPIERITONER SUPPLIES 16.88
10/6/2008 45993 MIS-COPIERITONER SUPPLIES 168.84
10/6/2008 45993 MIS-COPIERITONER SUPPLIES 151.96
207733 1 0/31/2008 000721 CORLISS RESOURCES INC, 882.24
9/2212008 192885 SWM-DASH PT RD GRAVEL 245.02
9/15/2008 192089 SWM-N. YARD QUARRY PIUP 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 CMIINFO - FEDERAL WAY LAPEL PI 2,862.33
207735 10/31/2008 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-REPAIR PARTS FOR POOL FAN 436.00
207736 1 0/31/2008 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
1 0/8/2008 OCTOBER 8, 2008 PD-COMBATIVE TRNG M. JOHNSON 209.00
207738 10/31/2008 000854 D J 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
1 0/6/2008 3RD QTR 2008 CDHS-AG07-057 HOUSING PROGRAM- 4,250.00
10nt2008 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-l OK SERVICE, 0 RING, SEAL 657.38
8/26/2008 96012239 PD-CLUTCH LEVER, STAND SPRING 90.83
9/23/2008 96019597 PD-l OK SERVICE, OLF, ADJUSTME 1,044.62
9/23/2008 96019597 PD-l OK SERVICE, OLF, ADJUSTME 284.62
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
9/6/2008 96015328 PD-CLUTCH, BREAKS, ROTORS 2,855.24
10/7/2008 96022829 PD-CLUTCH REPAIRS 74.90
1 0/212008 96021865 PD-REPAIR BRAKES, CLUTCH 153.54
10/18/2008 990054705 PD-OLF, INSPECTION 885.59
10/18/2008 990054706 PD-REPAIR BRAKE LEVER, OLF, BR 1,281.76
10/18/2008 990054706 PD-REPAIR BRAKE LEVER, OLF, BR 256.72
207743 1 0/31/2008 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
1 0/20/2008 OCTOBER 20, 2008 CM-CONFLlCT DEFENDER SVC- 250.00
207747 10/31/2008 000939 DS 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 FWCC/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 FWCC-SOLlD POWER/BRILLIANCE 432.63
207750 10/31/2008 004842 ELDER HEAL TH NORTHWEST, 3,000.00
10/15/2008 3RD QTR 2008 CDHS-AG08-100 CDBG ELDERCARE- 3,000.00
207751 10/31/2008 004344 EMERGENCY FEEDING PROGRAM, 1,950.00
10/10/2008 3RD QTR 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 PD 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 1 0/31/2008 002899 ESA ADOLFSON, 1,318.62
1 0/2/2008 82385 CD-RCPT 05-01103 GUMIRAN WETLA 1,318.62
10/2/2008 82385 CD-RCPT 05-01103 GUMIRAN WETLA 1,318.62
1 0/2/2008 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-MAIL PREP. FALL RECYCLING 1,463.87
207756 10/31/2008 008906 EVERGREEN SENIOR CLUB, 685.82
10/13/2008 3RD QTR 2008 CDHS-AG07-101 ETHNIC SENIOR SV 151.24
10/13/2008 3RD QTR 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 SIGNS/INV#13 242.53
7/16/2008 370-12957 PKM-SPORTS FIELD RULES SIGNSII 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
9/26/2008 2-932-93446 FEDERAL EXPRESS DELIVER SVC 16.74
Bank of America Page 5 of 34
Check No. Date Vendor I nv Date Invoice Description Amount Check Total
10/10/2008 2-949-34065 M5-PASSPORT DOCUMENT DELIVERY 16.74
10/17/2008 2-957-76570 M5-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 PARK5-AG08-120 YOUTH SPORTS GR 8,000.00
207764 10/31/2008 007547 FEDERAL WAY SENIOR CENTER, 6,250.00
10/3/2008 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-PRINTlNG SERVICES; DRAFT C 117 .42
10/9/2008 03-320041 SWM-PRINTlNG SERVICES; DRAFT C 117.42
10/2/2008 03-319187 PWTR-COPYING SERVICES; CITY CE 713.51
207769 1 0/31/2008 009882 FORREST, KATHLEEN A 1,500.00
10/7/2008 OCTOBER 17,2008 CM-CONFLlCT DEFENDER SVC- 1,500.00
207770 10/31/2008 010733 FOX LAWSON & ASSOCIATES LLC, 25,000.00
1 on /2008 4929 MSHR-AG08-052 COMP/CLASS STUDY 25,000.00
207771 10/31/2008 002870 FREEWAY TRAILER SALES INC, 17.60
10/13/2008 076145 MSFL T-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 1 0/31/2008 003118 GALLS INC, 1,113.77
10/3/2008 5959055901021 PD-TRAFFIC WAND 34.68
10/3/2008 5959433800010 PD-DBL CUFF CASE, BATON HOLDER 856.53
10/4/2008 5959433800028 PD-EXPANDABLE BATON HOLDER 222.56
207774 10/31/2008 004578 GENE'S TOWING INC, 17.44
6/12/2008 333541 PD-TOWlNG SVC BALANCE DUE 17.44
207775 10/31/2008 011094 GONZALES, ORALIA 72.00
10/24/2008 01-73333 PD-REFUND NSF PAYMENT.- 21.00
10/24/2008 01-73333 PD-REFUND NSF PAYMENT.- 21.00
10/24/2008 01-73333 PD-REFUND NSF PAYMENT.- 5.00
1 0/24/2008 01-73333 PD-REFUND NSF PAYMENT.- 25.00
207776 1 0/31/2008 010940 GOODYEAR WHOLESALE TIRE CNTR, 479.45
9/25/2008 125985 PD-NEWTIRES 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 1 0/31/2008 002547 GRAINGER INC, 315.21
9/25/2008 9741514591 FWCC-W1RE 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 1 0/31/2008 008732 GREEN CULTURE, 346.00
10/24/2008 JULY 2008 SWR-RECYCLED PRODUCTS SUBSIDY; 346.00
207780 10/31/2008 011092 GREGORY, KRISTEN 176.29
10/15/2008 GREGORY 2008 PD-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 CD-RCPT #04-00815 SPRING VALL Y 1,050.00
8/1/2008 28247 CD-RCPT #04-00815 SPRING VALLE -1,050.00
8/112008 28247 CD-RCPT #04-00956 SPRING VALLE 2,347.45
Bank of America Page 6 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
8/1/2008 28247 CD-RCPT #04-00956 SPRING VALLE 2,347.45
8/1/2008 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 10/3112008 001487 HEWLETT-PACKARD COMPANY, 3,924.00
10/6/2008 45003878 PD - SAFE CITY PC/MONITORS- 2,697.75
10/6/2008 45003878 PD - SAFE CITY PC/MONITORS- 1,226.25
207785 10/3112008 010734 HOFFMAN CONSTRUCTION INC, 1,563.10
5/612008 AG08-058 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 1 0/31/2008 001431 ICON MATERIALS INC, 597.05
10/14/2008 50-1212922 SWM-CONCRETE MILTON WAY BERM 597.05
207789 10/31/2008 000016 IKON OFFICE SOLUTIONS, 151.41
10/5/2008 5009473586 MSMD-(10/08)COPIES MAl NT 7.57
10/5/2008 5009473586 MSMD-(10/08)COPIES MAINT 90.85
10/5/2008 5009473586 MSMD-(10/08)COPIES MAl NT 52.99
207790 10/31/2008 005757 INSTITUTE FOR FAMILY, 4,237.00
10/13/2008 3RD aTR 2008 CDHS-AG08-082 CDBG FAMILY DEVE 3,487.00
10/10/2008 3RD aTR 2008 CDHS-AG07-059 PACT PROGRAM $3, 750.00
207791 10/31/2008 011069 IRON RIDGE, 393.00
9/30/2008 SEPTEMBER 30, 2008 PD-SWAT SHOTGUNS ALTERATIONS 393.00
207792 10/31/2008 009717 JET CITY LABEL, 224.80
10nt2008 34701 PD-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
10nt2008 OCTOBER 7, 2008 CM-CONFLlCT DEFENDER SVCS- 250.00
207795 10/31/2008 005113 JUDICIAL CONFERENCE, 75.00
10/2212008 TANNER REGISTER MC-NEW COURT EMPLOY. CONF. K T 75.00
207796 10/31/2008 002679 KANG,SAIC 458.72
9/23/2008 09/23/08 MC-INTERPRETER SVCS 124.68
9/30/2008 09/30/08 MC-INTERPRETER SVCS 84.68
1 on /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
10/10/2008 OCTOBER 10,2008 MC-PHONIC EAR LISTENER 365.43
207798 10/31/2008 004770 KENYON DISEND, PLLC, 3.674.08
9/30/2008 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 OB MSF-REMIT CRIME VICTIM FEES - 1,B75.06
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-ILLEGAL DUMP DISPOSALlTICK 113.28
10/15/2008 1504979 PD-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 TRFG-SAFE 124.17
10/23/2008 1500685 CM-8/08-DISC INVST TRIATHOLON 207.73
9/17/2008 1500681 PWT-B/OB-DISC INVST TRFFC-UPS 765.50
9/17/200B 1500681 PWT-8/08-DISC INVST TRF-SR99 P 1,739.64
9/17/2008 15006B1 PWST-B/08 DISC INVST TRFC-BANN 184.31
Bank of America Page 7 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
911712008 1500681 PWST-8/08-DISC INVST RADAR SIG 403.90
10/15/2008 1504976 PwrR-9/08 SIGNAL SERVICElREPAI 54,168.37
10/15/2008 1504979 PO-RED LGT CAMERA SIGNS 1,895.40
10/15/2008 1504980 PwrR-(9/08)BSC SIGN/MRKNGS MTN 408.74
207801 1 0/31/2008 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 PwrR-CITY HALL AREA FLEXPASS- 10,806.43
9/5/2008 145279 PwrR-CITY HALL AREA FLEXPASS- 2,501.90
207803 1 0/31/2008 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 RADI 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 RAD 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
9/20/2008 00415104 PO RR - PATROL CAR MOBILE RAD 263.78
9/20/2008 00415104 PO RR - PATROL CAR MOBILE RADI 138.54
9/20/2008 00415104 POLICE RADIO COMMUNICATIONS-1 65.40
9/20/2008 2008-09-20 MSTEL-RADIO 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
9/15/2008 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-RADIO SERVICES - 55.64
207805 1 0/31/2008 003137 KING COUNTY TREASURY DIVISION, 421.80
10/31/2008 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-LAMI NATES 26.16
10/20/2008 515100004879 PWEOC-CARBONLESS FORMS 659.46
207807 10/31/2008 005773 KOREAN WOMEN'S ASSOCIATION, 1,500.00
10/16/2008 3RD QTR 2008 CDHS-AG07-052 KWC WE ARE FAMIL 1,500.00
207808 10/31/2008 000096 LAKEHAVEN UTILITY DISTRICT, 17,501.67
9/1212008 3461301 PARKS-FWCC-JUNE/JUL Y SEWER CHA 3,975.36
9/1212008 3461301 PARKS-FWCC-JUNE/JUL Y WATER CHA 1,202.82
9/1212008 3474201 PARKS-FWCC-JUNE/JUL Y WATER/LEA 1,916.67
9/1212008 3474301 PARKS-FWCC - JUNE/JUL Y WATER C 16.56
10/212008 101 PARKS-MNT OFF-JUL Y/AUG WATER C 137.04
10/2/2008 101 PARKS-MNT OFF-JUL Y/AUG SEWER C 174.70
10/10/2008 1941803 CMIED - SYMPHONY PROJECT WATER 82.20
10/10/2008 1941803 CMIED - SYMPHONY PROJECT SEWER 20.76
10/10/2008 1946803 CM/ED - SYMPHONY PROJECT WATER 16.56
10/10/2008 2049903 PARKS-FAC. JULY/AUG WATER CHAR 334.65
10/10/2008 2832301 PARKS-FAC. JUL Y/AUG WATER CHAR 14.92
1 0/1 0/2008 2984001 PARKS-FAC. JUL Y/AUG WATER CHAR 17.76
10/10/2008 3278301 PSwr-JUL Y/AUG WATER CHARGES 14.92
10/10/2008 3336101 PWST-JUL Y/AUG WATER CHARGES 1,271.52
10/10/2008 3364101 PSwr-JUL Y/AUG WATER CHARGES 595.66
10/10/2008 3488801 PWST-JUL Y/AUG WATER CHARGES 14.92
10/10/2008 460602 PARKS-FAC-JUL Y/AUG WATER CHARG 467.02
10/10/2008 460602 PARKS-FAC.- JUL Y/AUG SEWER CHA 505.85
10/10/2008 482303 PWST-JUL Y/AUG WATERISEWER CHAR 42.10
10/20/2008 2814401 PARKS-FAC- JUL Y/AUG WATER CHAR 1,372.50
1 0/20/2008 3033601 PARKS-FAC.- JUL Y/AUG WATER CHA 384.84
Bank of America Page 8 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
10/20/2008 3088801 PWST-JUL Y/AUG WATER CHARGES 132.19
10/20/2008 3200201 PWST-JUL Y/AUG WATER CHARGES 313.29
10/20/2008 822402 PARKS-FAC-JUL Y/AUG WATER CHARG 2,302.14
10/20/2008 824102 PARKS-FAC. JUL Y/AUG WATER CHAR 113.44
10/20/2008 824102 PARKS-FAC. JUL Y/AUG SEWER CHAR 80.90
10/20/2008 888002 PARKS-FAC. JUL Y/AUG WATER CHAR 22.02
10/20/2008 888002 PARKS-FAC. JUL Y/AUG SEWER CHAR 29.71
10/20/2008 888103 PARKS-MNT OFF. JUL Y/AUG WATER 52.06
1 0/20/2008 888103 PARKS-MNT OFF. JULY /AUG SEWER 49.40
10/20/2008 888202 PARKS-FAC. SEWER CHARGE 20.76
10/20/2008 888302 PARKS-FAC. JUL Y/AUG WATER CHAR 16.34
10/20/2008 896402 PARKS-FAC. JULY/AUG WATER CHAR 14.92
10/20/2008 899802 PARKS-ST LK-JUL Y/AUG WATER CHA 822.02
1 0/20/2008 899802 PARKS-ST LK- JUL Y/AUG SEWER CH 953.35
207809 10/31/2008 011083 LANCASTER, TAMMY 61.31
10/20/2008 521488 FWCC-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
10/14/2008 395779 MSFL T-TIRE REPAIR 27.25
207812 10/31/2008 011018 LET'S ROLL INC. MOTOLlGHT, 1,370.00
9/3/2008 484507 PO-INSTALL LIGHTING, HARNESS 1,370.00
207813 10/3112008 011071 LIGHTING SOLUTIONS NW, 700.00
10/7/2008 SEPTEMBER 2008 PKKFT-L1GHTING PLOT DRAWING & 700.00
207814 1 0/31/2008 004594 L1M, VANNARA S 140.42
10/21/2008 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
1 0/3/2008 124973 PWST-CONCRETE MIX 72.14
9/22/2008 124529 SWM-3-WA Y TOPSOIL 114.45
9/19/2008 124776 SWM-3-WA Y TOPSOIUGRASS SEED 752.10
9/24/2008 124475 PW- TOPSOIL,CONCRETE MIX,GRAVEL 109.23
9/24/2008 124475 PW- TOPSOIL,CONCRETE MIX,GRAVEL 45.01
9/23/2008 124562 PKMT-PRQ-GRO BLEND 274.68
207817 10/31/2008 005339 LOWE'S HIW INC, 838.13
9/23/2008 02773 FWCC-DRILL,NUTS,BOL TS 128.88
9/25/2008 01529 FWCC-TAMPERPROOF PLATE 51.20
10/3/2008 23254 PKM-CHAINLlNK FENCE SUPPLIES 147.69
10/1/2008 19373 PKM-CHAINLlNK FENCE SUPPLIES 172.22
10/7/2008 01959 MIS-SAFE CITY CAMERA INSTALL 121.91
1 on /2008 02979 PWST-SWlVEL HD CSTR 14.08
10/14/2008 02038 SWR-TRASH LINERS 88.16
10/10/2008 14924 FWCC-PVC, SOLVENT,BRUSHING 22.14
10/9/2008 18863 PWST-NUTS/BOL TS -20.97
1 0/9/2008 02203 MIS-SAFE CITY CAMERA INSTALL 47.50
10/9/2008 02240 PWST-LOCK NUT & BOLT 9.44
10/15/2008 14414 SWM-CELL 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-DOZER RENTAL CREDIT -75.07
9/26/2008 32001660-0001 SWM-DOZER RENTAL 550.80
207819 10/31/2008 009250 MACKEY ENTERPRISES, 902.50
1 0/8/2008 02-62751 PW-02-62751 DRIVEWAY BOND 824.00
1 0/8/2008 02-62751 PW-02-62751 DRIVEWAY BOND 78.50
207820 1 0/31/2008 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 1M MEDIA, 5,503.45
10/212008 57282PA PRCS-WlNTER REC BROCHURE 5,503.45
207822 10/31/2008 009433 MAKSIMOV, YURI 437.75
Bank of America Page 9 of 34
Check No. Date Vendor I nv Date Invoice Description Amount Check Total
10/17/2008 10/17/08 MC-INTERPRETER SVCS 179.25
10/1412008 10114/08 MC-INTERPRETER SVCS 129.25
10/21/2008 10121/08 MC-INTERPRETER SVCS 129.25
207823 10/3112008 010915 MARTIN, KELSEY 29.20
10/10/2008 MARTIN 2008 PRCS-FOOD FOR F-DUB 27.03
10/10/2008 MARTIN 2008 PRCS-MOVIE FOR F-DUB 2.17
207824 10/31/2008 004182 MCDONOUGH & SONS INC, 872.58
10/10/2008 159711 PARKSAG06-027-PARKING LOT CLEA 59.45
10/10/2008 159711 PARKSAG06-027-PARKING LOT CLEA 429.60
10/10/2008 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 FWCC-LOCKING HANDLE, KEYS 83.32
9/24/2008 10822107 FWCC-PULL,PUSH PLATE 35.96
207827 10/31/2008 010592 MEIER ENTERPRISES, 370.00
10/212008 6008 CD-RCPT 04-000898 KWA SNR CITY 370.00
1 0/212008 6008 CD-RCPT 04-000898 KWA SNR CITY 370.00
10/212008 6008 CD-RCPT 04-000898 KWA SNR CITY -370.00
207828 10/31/2008 008503 METROGROUP CORP, 754.69
10/15/2008 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 10/31/2008 001793 MICROFLEX INC, 263.08
10/22/2008 00018112 MSA-TAXAUDIT 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 OCTOB 11.83
10/15/2008 MONTGOMERY 2008 PRCS-JOANNS SUPPLIES FOR OCTOB 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 aTR 2008 CDHS-AG07-058 ADULT LITERACY P 3.000.00
1 0/612008 3RD aTR 2008 CDHS-AG08-087 EMERGENCY FEEDIN 1.942.79
1 0/6/2008 3RD aTR 2008 A CDHS-AG07-063 TRANSITIONAL HOU 9,150.00
10/6/2008 3RD aTR 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 1 0/31/2008 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 FWCC-BATTERIES. PLAY SAND 37.52
10/17/2008 231128 PWST-MISC SCREWS/BOLTS 10.89
10/19/2008 231164 FWCC-MISC SUPPLIES 27.15
10/20/2008 231175 PWST-L1NCH PINS. HAMMERITE SPR 72.34
1 0/8/2008 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
1 0/9/2008 230898 PWST-VINYL, MISC SCREWS/BOLTS 13.69
1 0/3/2008 230682 PARKS-GRND MNT-RAGS, LUMBER 51.00
10/7/2008 230804 PARKS-GRND MNT-LUMBER. ST LAKE 19.61
207836 1 0/31/2008 000089 NEWS TRIBUNE, 1,660.70
9/14/2008 21950897 A01 MSHR-9/14/08 EMPLOY AD 585.00
9/14/2008 S1362442100 MSHR-9/14/08 EMPLOY AD 371.35
Bank of America Page 10 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
9/7/2008 S1361789700 MSHR-9/7/08 EMPLOY AD 704.35
207837 10/31/2008 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
9/9/2008 S2413578.001 FWCC-ELECTRICAL SUPPLIES 112.82
9/17/2008 S2427029.001 FWCC-ELECTRICAL SUPPLIES 189.33
10/10/2008 S2475951.001 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 FWCC-POOL SUPPLIES 749.57
9/18/2008 035982 FWCC-POOL SUPPLIES 199.29
9/16/2008 035936 FWCC-POOL SUPPLIES 400.92
9/24/2008 036064 FWCC-POOL SUPPLIES 314.87
9/23/2008 036024 FWCC-POOL SUPPLIES 283.78
10/7/2008 036223 FWCC-POOL SUPPLIES 456.40
1 0/212008 036174 FWCC-POOL SUPPLIES 314.87
9/30/2008 036121 FWCC-POOL SUPPLIES 489.14
207841 1 0/31/2008 010266 ORION INDUSTRIES, 3,718.66
9/30/2008 3RD aTR 2008 CDHS-AG08-098 HUD PROGRAM CDBG 3,718.66
207842 10/31/2008 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
1 0/9/2008 FOCS156874 PSFL T-ELECTRICAL SERVICE 221.85
10/9/2008 FOCS156874 PDFL T-BRAKE SERVICE 309.58
10/912008 FOCS156874 PDFL T- TIRES 51.69
10/10/2008 FOCS156616 PSFL T-W1PER BLADES 19.53
10/10/2008 FOCS156616 PSFL T-ELECTRICAL SERVICE 477.90
10/10/2008 FOCS156616 PSFL T-LOF 47.36
10/10/2008 FOCS156616 PSFL T-DRIVE SHAFT 101.80
10/10/2008 FOCS156942 PDFL T-W1PER BLADES 18.70
10/10/2008 FOCS156942 PDFL T-TRANSMISSION 58.53
10/10/2008 FOCS156942 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 MSFLT-LOF 44.48
10/13/2008 FOCS156982 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
10/13/2008 FOCS156993 PDFL T-LOF 151.28
10/13/2008 FOCS156993 PDFL T-W1PER BLADES 18.70
10/13/2008 FOCS156993 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 MSFL T-LOF 51.02
1 0/6/2008 FOCS156750 MSFL T-BRAKES SERVICE 255.15
10/612008 FOCS156750 MSFL T-BATTERY 115.05
10/6/2008 FOCS156827 PDFL T- TIRES 49.65
10/7/2008 FOCS156742 MSFL T-SHOCKES 266.70
10/7/2008 FOCS156742 MSFLT-TIRE REPAIR 16.30
10/7/2008 FOCS156742 MSFLT-HEATING/COOLlNG SYSTEM R 96.77
10/7/2008 FOCS156742 MSFL T-W1PER BLADES 16.98
10/7/2008 FOCS156742 MSFL T-LOF 74.07
1 0/7/2008 FOCS156742 MSFL T-BRAKE SERVICE 342.73
9/24/2008 FOCS156508 PDFL T LOF VEHICLE MAINTENANCE 35.41
9/5/2008 FOCS155615 MSFLT-A1C COOLING SYSTEM REPAI 620.36
10/16/2008 FOCS157077 PDFL T-GAS/OIL 35.16
Bank of America Page 11 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
10/16/2008 FOCS157100 PDFL T= LOF 39.95
10/16/2008 FOCS157102 PDFL T- TIRE ROTATION 43.49
10/16/2008 FOCS157110 PDFL T-LOF 39.95
10/16/2008 FOCS157116 PDFL T-ELECTRICAL SERVICE 4.53
10/15/2008 FOCS157048 PDFL T-MUFFLER REPAIR 9.07
10/15/2008 FOCS157080 PDFLT-TIRES 63.06
10/21/2008 FOCS157194 PDFL T-HEATlNG/COOLlNG SYSTEM R 34.01
10/21/2008 FOCS157194 PDFLT-WlPER BLADES 19.53
10/21/2008 FOCS157224 PDFLT-BATTERY PARTS 4.53
10/22/2008 FOCS157198 PDFL T-ELECTRICAL SERVICE 4.53
1 0/20/2008 FOCS157131 MSFL T-LOF 44.48
10/20/2008 FOCS157152 MSFLT-LOF 41.99
10/20/2008 FOCS157155 MSFLT-LOF 35.41
10/20/2008 FOCS157201 PDFLT-HEATING/COOLlNG SYSTEM R 72.55
10/20/2008 FOCS157203 PDFL T-AL TERNA TORS/GENERATORS .349.67
10/14/2008 FOCS157000 MSFL T-LOF 88.09
10/14/2008 FOCS157025 PDFLT-TIRE REPAIR 39.13
10/14/2008 FOCS157028 PDFLT-TIRE REPAIR 19.57
10/14/2008 FOCS157041 MSFL T-LOF 44.49
10/14/2008 FOCS157046 MSFL T-LOF 44.48
10/14/2008 FOCS157058 PDFL T- TIRE REPAIR 19.57
207845 1 0/31/2008 006440 PAPE MACHINERY INC, 318.98
10/9/2008 2315703 MSFL T-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
1 0/212008 0222242841 COB-PAINT & PAINT SUPPLIES 80.08
1 0/8/2008 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 1 0/31/2008 006241 PETTY CASH-POLICE DEPT, 498.13
10/28/2008 PD-10/28/08 PD-FOOD:LT UNION MEDIATION- 27.85
10/28/2008 PD-10/28/08 PD-TI-84 CALCULATOR FOR- 50.00
10/28/2008 PD-10/28/08 PO-SHUTTLE FEES FOR- 10.00
10/28/2008 PD-10/28/08 PO-REIMBURSEMENT FOR- 52.00
10/28/2008 PD-10/28/08 PO-REIMBURSEMENT FOR- 4.00
10/28/2008 PD-10/28/08 PD-COFFEE:VOLUNTEER- 72.19
10/28/2008 PD-10/28/08 PD-REIMB:PER DIEM ALLOWANCE- 75.00
1 0/28/2008 PD-10/28/08 PO-REIMBURSE FOR ADDTL- 0.80
1 0/28/2008 PD-10/28/08 PO-BOTTLED WATER FOR- 13.14
10/28/2008 PD-10/28/08 PO-MUMS FOR UNITED WAY- 30.22
1 0/28/2008 PD-10/28/08 PD-REIMB:PARKING FEES:TRAVEL- 68.93
10/28/2008 PD-10/28/08 PD-REIMB:SHUTTLE FEES- 8.00
10/28/2008 PD-10/28/08 PD-REIMB:ADDTL AIRLlNE- 30.00
10/28/2008 PD-10/28/08 PD-REIMB:SHUTTLE FEES- 22.00
10/28/2008 PD-10/28/08 PD-REIMB FOR TAXI CAB FEES- 24.00
10/28/2008 PD-10/28/08 PD-REIMB FOR INTERNET CARD- 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-WORKSHOP FOR FEI TANG; "TI 40.00
207851 10/31/2008 003537 PIERCE COUNTY SECURITY INC, 1,275.00
1 0/6/2008 181350 PARKS-AG06-056 PARK CLOSING & 150.00
1 0/6/2008 181413 PARKS-AG06-056 PARK CLOSING & 250.00
1 0/6/2008 181472 PARKS-AG06-056 PARK CLOSING & 150.00
10/6/2008 181522 PARKS-AG06-056 PARK CLOSING & 175.00
1 0/6/2008 181525 PARKS-AG06-056 PARK CLOSING & 150.00
1 0/6/2008 181578 PARKS-AG06-056 PARK CLOSING & 250.00
1 0/6/2008 181583 PARKS-AG06-056 PARK CLOSING & 150.00
207852 10/31/2008 009002 PIERCE TRANSIT, 153.67
10n/2008 018655 PWTR-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
Bank of America Page 12 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
207854 1 0/31/2008 000808 PLATT ELECTRIC SUPPLY, 921.64
9/16/2008 3890379 FWCC-ELECTRICAL SUPPLIES 707.28
9/16/2008 3941699 FWCC-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
9/30/2008 BM28091 004 CH/PS/MC-9/08-COURIER SVC 1.439.01
9/30/2008 BM28091 004 CH/PS/MC-9/08-COURIER SVC 306.99
9/30/2008 BM28091 004 CH/PS/MC-9/08-COURIER SVC 172.68
9/30/2008 BM28091 004 CH/PS/MC-9/08-POSTAGE CHRS 5,341.80
9/30/2008 BM28091 004 CH/PS/MC-9/08-POSTAGE CHRS 360.76
9/30/2008 BM28091004 CH/PS/MC-9/08-POSTAGE CHRS 916.08
207857 10/31/2008 005583 PRAXAIR DISTRIBUTION INC. 21.79
9/23/2008 30905806 PKM-WELDING SUPPLlESIINV#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
10/22/2008 NO. 08-03-331-565 Label - RM - Truck No. 104 - R 3,687.88
207859 1 0/31/2008 007511 PREGNANCY AID OF S. KING CNTY. 1,925.00
9/30/2008 3RD QTR 2008 CDHS-AG07-140 PREGNANCY AID CF 1,125.00
9/30/2008 3RD QTR 2008 CDHS-AG07-140 PREGNANCY AID CF 800.00
207860 1 0/31/2008 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/SWM/PARK-WASHER SOLVENT 179.77
9/23/2008 45518867 PW/SWM/PARK-WASHER SOLVENT 179.77
9/23/2008 45518867 PW/SWM/PARK-WASHER SOLVENT 179.76
207862 10/31/2008 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 200810 PKF-200810 1ST AVE & CAMPUS DR 30.83
10/17/2008 PARKS 200810 PKM-200810 2410 S 312TH BEACH 248.79
10/17/2008 PARKS 200810 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 200810 PKF-200810 2645 S 312TH ANX-RR 1,238.36
10/17/2008 PARKS 200810 PKF-200810 2410 S 312TH BRICK 64.45
10/17/2008 PARKS 200810 PKF-200810 2645 S 312TH SEWER 8.23
10/17/2008 PARKS 200810 PKF-200810 2700 SW 340TH 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 200810 PKM-200810 31132 28TH AVE STLK 298.48
10/1712008 PARKS 200810 PKM-200810 31132 28TH AVE STLK 134.71
10/17/2008 PARKS 200810 PKF-200810 31207 28TH AVE PARK 7.35
10/17/2008 PARKS 200810 DBC-200810 3200 DASH PT (67%)- 1,327.34
10/17/2008 PARKS 200810 PKKFT-200810 3200 DASH PT (33% 653.77
10/17/2008 PARKS 200810 DBC-200810 3200 DASH PT (67%)- 830.97
10/17/2008 PARKS 200810 PKKFT-200810 3200 DASH PT (33% 409.29
10/17/2008 PARKS 200810 PKF-200810 32730 17TH AVE ALOE 7.35
10/1712008 PARKS 200810 CHB-200810 33325 8TH AVE S- 11,742.58
10/17/2008 PARKS 200810 PKF-200810 33914 19TH AVE SAG 4,694.59
10/17/2008 PARKS 200810 PKF-200810 34915 4TH AVE MARKX 11.64
10/17/2008 PARKS 200810 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 200810 FWCC-200810 876 S 333RD STREET 8.998.06
10/17/2008 PARKS 200810 FWCC-200810 876 S 333RD STREET 93.97
10/17/2008 PARKS 200810 PKM-200810 876 S 333RD STREET 3.015.07
10/17/2008 PARKS 200810 PKCP-200810 S 324TH BLDG A- 3,024.79
10/17/2008 PARKS 200810 PKCP-200810 S 324TH BLDG B- 27.84
10/17/2008 PARKS 200810 PKF-200810 7TH AVE HISTORICAL 7.45
Bank of America Page 13 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
10/17/2008 PARKS 200810 PKF-200810 7TH AVE HISTORICAL 1,581.77
10/17/2008 PARKS 200810 PKF-200810 21ST AVE SWLAKOTA 21.57
10/15/2008 250-275-0389 PWfR-9/05106 SWCAMPUS DRIVE- 117.36
10/15/2008 004-919-1000 SWM-9/08 2101 S 324 STORAGE 348.54
207863 1 0/31/2008 008701 PUGET SOUND SERVICES, 4,500.00
10/1/2008 0242 FlNCC-OCT 2008 JANITORIAL 4,500.00
207864 10/31/2008 701353 PYUNG AN PRESBYTERIAN CHURCH, 352.00
10/10/2008 04-00735 REFUND CD-REFUND PREAPP. CANCELLED 352.00
207865 1 0/31/2008 000202 QWEST, 2,922.46
10/4/2008 206-Z04-06909472B MSTEL-(9/08) PHONE/DATA SVC- 1,448.25
10/4/2008 206-Z04-06909472B MSTEL-(9/08) PHONE/DATA SVC- 1,303.42
10/4/2008 206-Z04-06909 472B MSTEL-(9/08) PHONEIDATA SVC- 144.82
10/4/2008 253 835-0579 886R MC-(9/08) FAX MCHN CHRGS M MOR 25.97
207866 10/31/2008 008264 R-4 PRINTING INC, 885.08
9/23/2008 100233 MSF-PAYROLL 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
1 0/9/2008 8870000000008 CDB-SAFETY BOOTS - M LEE 127.51
207868 10/31/2008 008932 REFUGEE WOMEN'S ALLIANCE, 1,250.00
10/8/2008 3RD QTR 2008 CDHS-AG07-Q80 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 FWCC-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 1 0/31/2008 003726 SAFEWAY STORE #1555, 40.48
10/3/2008 1669433 PRCS-F DUB HAWAII NIGHT 4.94
1 0/3/2008 1669434 PRCS-F DUB HAWAII NIGHT 9.23
1 0/2/2008 1669431 PRCS-F DUB HAWAII NIGHT 26.31
207874 1 0/31/2008 004849 SAMS SANITARY & MAINTENANCE, 96.79
10/1/2008 8100015 PKF-JANITORIAL SUPPLIES 96.79
207875 10/31/2008 003174 SAN DIEGO POLICE EQUIPMENT 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 FWCC-SEATTLE TIMES SUBSCRIPT. 16.00
207880 10/31/2008 011101 SEATTLE UNIT 446 AMERICAN, 126.00
8/12/2008 AUGUST 8, 2008 PRCS-BRIDGE TOURNAMENT 126.00
207881 1 0/31/2008 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!=WAY 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 QTR 2008 CDHS-AG07-Q62 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 526/6524 PRCS-L1NEN SERVICE 26.25
Bank of America Page 14 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
6/1612008 616/3514 PRCS-L1NEN SERVICE 35.94
207886 1 0/31/2008 010962 SHARP BUSINESS SYSTEMS. 25.89
10/6/2008 00100080 MSMD-COPIER RPR, MNT. SUP 25.89
207887 10/31/2008 001480 SHERWIN-WILLIAMS CO. 115.94
9/4/2008 5228-3 CD-PAINT & PAINT SUPPLIES 21.78
9/19/2008 7019-1 CD-PAINT & PAINT SUPPLIES 14.80
1 0/8/2008 6620-0 FWCC-PAINT & PAINT SUPPLIES 12.30
10/8/2008 7750-1 CD-PAINT & PAINT SUPPLIES 67.06
207888 1 0/31/2008 011020 SHULL, JANET 346.77
10/16/2008 SHULL 2008 CDS-WA APA CONF. J SHULL 346.77
207889 10/31/2008 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
1 0/2012008 521489 FWCC-REFUND PASS WITHDRAWAL 51.32
1 0/20/2008 521502 FWCC-REFUND PASS WITHDRAWAL 51.32
207891 1 0/31/2008 011074 SNYDER, LARRY A 35.00
10/15/2008 OCTOBER 15. 2008 MC-PHOTO FOR COURT ROOM 35.00
207892 10/31/2008 004963 SOUND PUBLISHING INC, 2,415.70
10/18/2008 128205B PWST-10/18/08 RFB STRT. SWEEPI 285.52
10/8/2008 125736A MSC-CITY BUDGET MTG NOTICE 474.00
10/11/2008 128205A PWST-10/11/08 RFB STRT. SWEEPI 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
9/6/2008 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-TOWlNG SVC 185.30
207894 10/31/2008 009766 SPORTSMAN'S WAREHOUSE. 463.15
10/27/2008 150-01313 FWCC-SAFETY CLOTHING 463.15
207895 10/31/2008 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
10/1/2008 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-NEWVEHICLE LED LIGHTS 5,937.13
9/19/2008 0154947-IN PD-NEWVEHICLE LED LIGHTS 5,126.06
207898 10/31/2008 010072 ST. VINCENT DE PAUL SOCIETY, 3,751.74
9/30/2008 3RD QTR 2008 CDHS-AG07-053 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 1 0/31/2008 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 DBC-L1NEN SERVICE 27.78
207903 10/31/2008 002521 SUPERLON PLASTICS INC. 144.50
9/22/2008 08F3959 SWM- REPAIR AND MAINTENANCE SU 144.50
207904 10/31/2008 009523 SYSTEMS FOR PUBLIC SAFETY. 810.51
10/1/2008 11058 PD-STRIP OUT 380.80
10/1/2008 11091 PD-NMO REPLC VRM 195.76
1 0/6/2008 11109 PD-MAINT. K9 BOX 153.41
10/6/2008 11125 PD-SHOTGUN TIMER REPAIR 40.27
10/6/2008 11128 PD-REPLC REAR STROBE 40.27
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
10122/2008 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
7/25/2008 2665560 ARCSERVE BACKUP DISASTER RECOV 5.70
7/25/2008 2665560 ARCSERVE BACKUP DISASTER RECOV 57.00
7/25/2008 2665560 ARCSERVE BACKUP DISASTER RECOV 51.30
7/25/2008 2665560 ARCSERVE BACKUP OPEN FILE AGEN 26.20
7/25/2008 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 14.28
10/14/2008 2690536 MIS-ARC SERVE BKUP 142.79
10/14/2008 2690536 MIS-ARC SERVE BKUP 128.51
207908 10/31/2008 006033 THE FAB SHOP LLC. 201.28
10/10/2008 13796 MSFL T - REPAIR BUCKET 201.28
207909 10/31/2008 004245 THE JOSEPH FOUNDATION, 961.00
10/15/2008 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
8/3/2008 200842 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 1 0/31/2008 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 1 0/31/2008 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-IRRIGATION SUPPLlESIINV#OO 89.50
207918 1 0/31/2008 008815 TSENG. BENJAMIN 456.40
10/10/2008 TSENG 2008 PO-CLOTHING ALLOW TSENG 456.40
207919 10/31/2008 000618 UAP DISTRIBUTION INC, 793.19
9/19/2008 5009106933.001 PWAD-NORTH YARD GRASS SEED; IN 402.10
9/29/2008 S009127514.001 PKM-FIELD QUIKPRO & 391.09
207920 10/31/2008 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-CATERING SUPPLIES 10.11
1 0/8/2008 106444 DBC/KFT-CATERING SUPPLIES 35.75
1 0/8/2008 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
10nt2008 8045594 PKM-PVC BUSH FOR IRRIGATION/IN 9.11
207924 10/31/2008 005019 UNITED RENTALS NORTHWEST INC, 332.32
Bank of America Page 16 of 34
Check No. Date Vendor Inv 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 WIRELESS, 50.98
10/2/2008 R6163838J MSTEL-l0/08 PAGER LEASE- 26.51
10/2/2008 R6163838J MSTEL-l0/08 PAGER LEASE- 24.47
207926 10/31/2008 004552 VALLEY CITIES COUNSELING, 17,750.00
9/30/2008 3RD aTR 2008 CDHS-AG07-079 DV ADVOCACY PROG 5,500.00
10/13/2008 3RD aTR 2008 CDHS-AG07-081 FAMILY SUPPORT P 2,500.00
10/13/2008 3RD aTR 2008 A CDHS-AG07-078 COUNSELING PROGR 9,750.00
207927 10/31/2008 003563 VALLEY COMMUNICATIONS CENTER, 224.40
10/10/2008 0007877 PD-(8/08)LANGUAGE LINE USAGE 224.40
207928 1 0/31/2008 004863 VALLEY CONSTRUCTION SUPPLY INC, 647.98
9/25/2008 311340 PWAD-CONCRETE REPAIR AT COMMUN 647.98
207929 1 0/31/2008 008038 VECA ELECTRIC CO INC, 13,475.28
10/7/2008 37759 PARK-AG08-121 PO GENERATOR INS 14,123.13
10/7/2008 37759 PARK-AG08-121 PO GENERATOR INS -647.85
207930 10/31/2008 011065 VELLlNG, FRANCES 150.00
10/7/2008 OCTOBER 17,2008 PRCS-ARTS ALIVE AWARD 150.00
207931 10/31/2008 001124 VERIZON WIRELESS, 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 10/31/2008 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-VINYL LOGO 1,090.00
207935 10/31/2008 000094 WA STATE AUDITOR'S OFFICE, 1,792.49
10/9/2008 L72938 MSF-(9/08) STATE AUDITOR SVCS- 1,792.49
207936 10/31/2008 000253 WA STATE DEPT OF TRANSPORTATN, 1.050.00
10/8/2008 01533CN PWS-TRAINING WORKSHOP; WINTER 1,050.00
207937 1 0/31/2008 004752 WA STATE LABOR & INDUSTRIES, 275.99
1 0/30/2008 3RD aTR 2008 MSF-L&I VOLUNTEER HRS 3RD aTR 61.23
1 0/30/2008 3RD aTR 2008 MSF-L&I VOLUNTEER HRS 3RD aTR 23.15
10/30/2008 3RD aTR 2008 MSF-L&I VOLUNTEER HRS 3RD aTR 5.39
1 0/30/2008 3RD aTR 2008 MSF-L&I VOLUNTEER HRS 3RD aTR 0.15
1 0/30/2008 3RD aTR 2008 MSF-L&I VOLUNTEER HRS 3RD aTR 19.66
1 0/30/2008 3RD aTR 2008 MSF-L&I VOLUNTEER HRS 3RD aTR 135.23
1 0/30/2008 3RD aTR 2008 MSF-L&I VOLUNTEER HRS 3RD aTR 31.18
207938 1 0/31/2008 004628 WASTATE PATROL, 936.00
10/13/2008 OCT 2008 PO-REMIT CPL FINGERPRINT FEES 936.00
207939 1 0/31/2008 004628 WA STATE PATROL, 731.50
10/2/2008 109002476 PO-REMIT FBIIWSP FEES 731.50
207940 1 0/31/2008 004751 WASTATE PATROL, 150.00
1 0/2/2008 109002125 MSHR-9/08 BACKGRND INVEST. SVC 150.00
207941 1 0/31/2008 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
10/13/2008 SEP 08 MSF-PSEA COURT FEES #3 285.78
10/13/2008 SEP 08 MSF-PSEA JIS FEES 19,952.79
10/13/2008 SEP 08 MSF-TRAUMA VICTIMS FEES 5,419.38
10/13/2008 SEP 08 MSF-SCHOOL ZONE SAFETY 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
1 on /2008 039661 DBC-FLUSH LEVERS 21.22
10/10/2008 004086 DBC-DRAIN CLEANING SUPPLIES 27.22
207944 10/31/2008 010936 WARWICK, BRENT 1,002.69
Bank of America Page 17 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
1 0/9/2008 254 PKKFT-BYE BYE BIRDIE DVD, POST 852.69
10nt2008 OCTOBER 2008 PKKFT-STAGE PIANO RENTAL 150.00
207945 10/31/2008 000343 WASHDUP, LLC, 1,005.38
10/28/2008 34 PD-9/08-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 INORKWEAR 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 PWSWR-10/08 LITTER DISPOSAL 388.57
207950 10/31/2008 000783 WASTE MANAGEMENT, 20.82
11/1/2008 0824379-1055-5 PWSWR-10/08 LITTER DISPOSAL 20.82
207951 1 0/31/2008 009995 WATER MANAGEMENT, 721.00
10/6/2008 AF4011R SWM-WATER QUALITY TESTING; INV 132.00
9/29/2008 AF4011 R SWM-WATER QUALITY TESTING; INV 457.00
10/13/2008 074616 SWM-WATER QUALITY TESTING; INV 132.00
207952 1 0/31/2008 008544 WATERSHED INC, 1,186.02
9/30/2008 0044962-IN PD-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 1 0/31/2008 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 1 0/31/2008 000173 WEST PAYMENT CENTER, 1,413.19
9/30/2008 816852395 MSDP-DATABASE/COMM CHARGES- 1,413.19
207957 10/31/2008 000541 WESTERN EQUIPMENT DISTRIBUTORS, 2,387.23
9/26/2008 573007.2 MSFLT-TORO MOWER REPAIRS 592.33
10nt2008 573658 MSFLT-REPLC CENTER SPINDLE 1,794.90
207958 10/31/2008 009514 WESTSIDE CONCRETE ACCESSORIES, 351.30
9/10/2008 0662203-1 N PWAD- TOOLS AND SUPPLIES FOR GE 351.30
207959 10/31/2008 002204 WILBUR-ELLIS COMPANY, 1,043.13
10nt2008 3400206 RI PKM-GRASS SEED & FERTILlZERIIN 1,043.13
207960 10/31/2008 010720 WILDER, SAMANTHA 1,281.34
9/30/2008 WECFW6 SWR-AG08-044 RECYCLING PROGRAM 1,281.34
207961 10/31/2008 003380 WILSON, BRIAN 162.00
10/13/2008 WILSON 2008 PD-SPILLMAN CONF. B WILSON 8.00
10/13/2008 WILSON 2008 PD-SPILLMAN CONF. B WILSON 50.00
10/13/2008 WILSON 2008 PD-SPILLMAN CONF. B WILSON 104.00
207962 10/31/2008 010850 WlNCO FOODS, LLC, 300.08
10/3/2008 SA2881 SWR-SHOPPING BAG COUPON REDEMP 300.08
207963 1 0/31/2008 011087 WINSTON, CATHY 6.80
1 0/20/2008 521493 PRCS-REFUND DISCOUNT 6.80
207964 10/31/2008 000660 WOODINORTH & COMPANY INC, 1,905.86
10nt2008 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 10/31/2008 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 1 0/31/2008 008036 YWCA SEATTLE- KING COUNTY, 1,000.00
10/13/2008 3RD QTR 2008 CDHS-AG07-0n 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
1 0/8/2008 02-63820 REFUND PW-02-63820 DRIVEWAY BOND 486.00
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
10/28/2008 PWTR 2008 09 PWTR-200810 CRNR 5 316TH ST & 74.37
10/28/2008 PWTR 2008 09 PWTR-200810 HOYT RD & 340TH- 101.16
10/28/2008 PWTR 2008 09 PWTR-200810 PAC HWY 5 & 5 330T 74.71
10/28/2008 PWTR 2008 09 PWTR-200810 S 288TH ST & PAC H 540.99
10/28/2008 PWTR 2008 09 PWTR-200810 S288TH & 18TH AVE 114.76
10/28/2008 PWTR 2008 09 PWTR-200810 5 296TH PL & MILlT 27.02
10/28/2008 PWTR 2008 09 PWTR-200810 S 320TH & 23 AV S- 323.37
10/28/2008 PWTR 2008 09 PWTR-200810 5 322ND & 23 AVE 5 214.79
1 0/28/2008 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
1 0/28/2008 PWTR 2008 09 PWTR-200810 S 316TH & PAC HWY 65.48
1 0/28/2008 PWTR 2008 09 PWTR-200810 SWCRNR 5 312TH & 254.07
10/28/2008 PWTR 2008 09 PWTR-200810 SW 308TH & 2ND AVE 7.35
10/28/2008 PWTR 2008 09 PWTR-200810 SW 329TH WAY & HOY 7.51
10/28/2008 PWTR 2008 09 PWTR-200810 VARIOUS SIGNALS- 27.02
10/28/2008 PWTR 2008 09 PWTR-200810 1TH WAY S & 334TH 29.74
1 0/28/2008 PWTR 2008 09 PWTR-200810 1ST WAY 5 & 336TH 94.12
10/28/2008 PWTR 2008 09 PWTR-200810 1ST WAY 5 & 330TH- 67.09
10/28/2008 PWTR 2008 09 PWTR-200810 115TH ST S & 316ST 7.44
10/28/2008 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
10/28/2008 PWTR 2008 09 PWTR-200810 1405 S 312TH ST.- 133.03
10/28/2008 PWTR 2008 09 PWTR-200810 14145 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 & 5 312 5 80.48
10/28/2008 PWTR 2008 09 PWTR-200810 199 SW311TH PLACE 164.04
10/28/2008 PWTR 2008 09 PWTR-200810 21ST AVE SW& SW3 131.39
10/28/2008 PWTR 2008 09 PWTR-200810 21ST AVE SW & SW 3 291.90
10/28/2008 PWTR 2008 09 PWTR-200810 21ST AVE 5 GRID RO 89.16
10/28/2008 PWTR 2008 09 PWTR-200810 21ST AVE SW & SW 3 100.08
10/28/2008 PWTR 2008 09 PWTR-200810 21ST AVE SW & 356T 79.21
10/28/2008 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 5 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 5 SI 438.19
10/28/2008 PWTR 2008 09 PWTR200810 2999 SW 314TH ST- 83.26
1 0/28/2008 PWTR 2008 09 PWTR-200810 30400TH PAC HWY 5- 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
1 0/28/2008 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 5- 122.12
10/28/2008 PWTR 2008 09 PWTR-200810 31600. STATE RT 99 114.66
10/28/2008 PWTR 2008 09 PWTR-200810 31847 PAC HWY 5- 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 5- 285.79
10/28/2008 PWTR 2008 09 PWTR-200810 32400 STATE RT 99 113.60
10/28/2008 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
10/28/2008 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
1 0/28/2008 PWTR 2008 09 PWTR-200810 3318 SW346TH PLAC 30.65
10/28/2008 PWTR 2008 09 PWTR-200810 33220 ST WAY 5- 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 5- 182.52
10/28/2008 PWTR 2008 09 PWTR-200810 33405 6TH AVE 5- 41.78
10/28/2008 PWTR 2008 09 PWTR-200810 33507 9TH AVE- 115.35
10/28/2008 PWTR 2008 09 PWTR-200810 33645 20TH PLACE- 176.02
Bank of America Page 19 of 34
Check No. Date Vendor I nv 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 SW 343RD 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 3480116TH 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
1 0/28/2008 PWTR 2008 09 PWTR-200810 S 320 SET & 32RD A 295.83
10/28/2008 PWTR 2008 09 PWTR-200810 S 320TH & PAC HWY 694.06
10/28/2008 PWTR 2008 09 PWTR-200810 S 320TH & WEYHR WA 255.86
10/28/2008 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 AV 7.35
10/28/2008 PWTR 2008 09 PWTR-200810 SW 312TH ST & DASH 110.30
1 0/28/2008 PWTR 2008 09 PWTR-200810 SW324TH & 11TH PL 232.23
10/28/2008 PWTR 2008 09 PWTR-200810 SW340TH & HOYT R 159.86
10/28/2008 PWTR 2008 09 PWTR-200810 SW 340TH ST & 35TH 65.39
10/28/2008 PWTR 2008 09 PWTR-200810 21ST AVE SW & DASH 71.63
10/28/2008 PWTR 2008 09 PWTR-200810 S 333ST & 1ST WAY- 60.05
10/28/2008 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 15,2008 A PARKS-AG08-120 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 11/14/2008 009161 A-l FIRE EQUIPMENT, INC., 228.90
10/7/2008 184845 PKKFT-FIRE EXTINGUISHER MAl NT 228.90
207974 11/14/2008 000083 MRO INC DBA THE LOCK SHOP, 99.35
1 0/27/2008 60409 FWCC-LOCKSMITH SVC 86.38
11/5/2008 60584 PWST-DUPLlCATE KEY; INVOICE #6 12.97
207975 11/14/2008 004234 ABT TOWING OF FEDERAL WAY INC, 185.30
10/22/2008 25536 PD-TOWlNG SERVICE 185.30
207976 11/14/2008 000109 ACTIVE SECURITY CONTROL (DBA), 86.27
10/22/2008 14239 CHB-REPAIR MS SAFE CABINET 86.27
207977 11/14/2008 009404 AEGIS LEGAL SERVICES LLC, 62.50
10/27/2008 166 CM-CONFLlCT DEFENDER SVC- 62.50
207978 11/14/2008 010035 AERO STICH RIDERWEAR, 573.00
10/30/2008 273642-1 PD-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
Bank of America Page 20 of 34
Check No. Date Vendor I nv Date Invoice Description Amount Check Total
207980 11/14/2008 009764 ALL ACCESS PRINTING & MAILING, 161.87
10/10/2008 14913 MSHR-BUSINESS CARDS 161.87
207981 11/14/2008 010033 ALLIANCE PRINTING INC, 1,012.61
9/15/2008 9135 PRCS-FALUWlNTER 08 NEWSLETTER 1,012.61
207982 11/14/2008 001285 ALPINE PRODUCTS INC, 143.44
11/4/2008 TM-96661 PWST-MARKING PAINT & SOLVENTBA 35.86
11/4/2008 TM-96661 PWST-MARKING PAINT & SOLVENTBA 71.72
11/4/2008 TM-96661 PWST-MARKING PAINT & SOLVENTBA 35.86
207983 11/14/2008 005287 AMERICALL COMMUNICATIONS &, 107.85
10/21/2008 D6417-1008 PKM-AFTER HR CALL-OUT SVC ACCO 107.85
207984 11/14/2008 001522 AMERICAN RED CROSS, 30.00
10/15/2008 10022450 FWCC-L1FEGUARD FIRST AID 30.00
207985 11/14/2008 010795 ANDERSON,SANDRA 34.80
10129/2008 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 FWCC-FLOOR MATS SVC 73.58
1 0/20/2008 512-4256974 FWCC-FLOOR MATS SVC 73.58
207987 11/14/2008 003649 ARBUTHNOT,STEVEN 256.89
11/3/2008 ARBUTHNOT 2008 PD-NEW SWAT UNIFORMS 256.89
207988 11/14/2008 010804 ATOMIC SCREEN PRINTING, 285.32
6/17/2008 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
11/1/2008 2728030161 MIS-(10/08) PBX MAINT 30.64
207990 11/14/2008 010123 BAILEY, R. LEE 186.76
11/3/2008 BAILEY 2008 CDS-WABO CONF. BAILEY 186.76
207991 11/14/2008 010806 BAYSIDE 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-TASER CARTRIDGE HOLDERS 253.85
207993 11/14/2008 001630 BLUMENTHAL UNIFORM CO INC, 1,888.78
. 1 0/23/2008 695934-01 ORTA-BOOTS 152.55
1 0/23/2008 700593 'SHOULDER AND BADGE PATCHES' 1,487.85
10/31/2008 707003 WATERMAN- PANTS 235.33
1 0/20/2008 689052-80 -CREDIT-WORTMAN -0.28
10/20/2008 689054-80 -CREDIT- UNSWORTH -0.28
10/21/2008 707631 BRANCO, CHAD-WHISTLE, 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 BRATWEAR, 1,552.26
10/14/2008 313049 PD-S ORTA UNIFORMS 1,527.55
1 0/6/2008 313175 PD-K. SMITH UNIFORM NAME TAG 24.71
207996 11/14/2008 000768 BSN SPORTS, 1,654.12
10/1/2008 92857624 FWCG-BASKETBALLS, MESH NETS 1,654.12
207997 11/14/2008 002367 CARLYLE INTERCONNECT TECH., 25.79
1 0/8/2008 510026-01 FWCG- 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-AG07-070 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
1 0/22/2008 083493 PD-CREDIT TACTICAL PANT -39.99
10/24/2008 231186 PD-COTTON TACTICAL PANTS 39.99
1 0/27/2008 231492 PD-REFLECTIVE TRAFFIC TAPE 24.97
208002 11/14/2008 009643 CIPALLA COMMUNICATIONS INC, 21,063.94
1 0/30/2008 FW-08-0010-A CM-AG08-083 MEDIA OUTREACH- 7,026.39
1 0/30/2008 FW-08-0010-C CM-AG08-083 MEDIA OUTREACH- 9,027.55
1 0/29/2008 FW-08-0010-B CM-AG08-083 MEDIA OUTREACH- 2,550.00
Bank of America Page 21 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
10/31/2008 FW-08-0010-D CM-AG08-083 MEDIA OUTREACH- 840.00
9/29/2008 FW-08-0009-B CM-07-001 TOURISM MARKETlNG- 1,620.00
208003 11/14/2008 010360 CITY OF FEDERAL WAY, 2,816.20
11/13/2008 CK #1083 PD-IPICD IN CUSTODY DEATH CONF 135.00
11/13/2008 CK #1083 PD-IPICD IN CUSTODY DEATH CONF 161.06
11/6/2008 CK #1082 PD-TRAFFIC CRASH TRNG S SWANSO 650.00
11/6/2008 CK #1082 PD-TRAFFIC CRASH TRNG S SWANSO 542.60
11/10/2008 CK #1079 CC-SISTER CITY DOHERTY 482.98
11/10/2008 CK #1079 CC-SISTER CITY DOHERTY 187.10
11/10/2008 CK #1079 CC-SISTER CITY DOHERTY 253.94
11/10/2008 CK#1079 CC-SISTER CITY DOHERTY 165.98
10/28/2008 CK#1080 PD-LEIRA TRNG DARLENE DEYO 55.00
10/28/2008 CK#1080 PD-LEIRA TRNG DARLENE DEYO 182.54
208004 11/14/2008 005817 CITY OF FIFE, 26,973.89
1017/2008 0004366 PD-(9/08) JAIL SVCS AGOl-72 - 26,973.89
208005 11/14/2008 010554 CLARKE, HEATHER 506.25
1 0/31/2008 30 CM/INFO - PROFESSIONAL WRITING 506.25
208006 11/14/2008 003752 COASTWlDE SUPPLY DBA, 5,663.02
10/1/2008 W1981133 FWCC-JANITORIAL SUPPLIES 1,163.66
1 0/31/2008 W1992825 FWCC-JANITORIAL SUPPLIES 809.74
1 0/28/2008 T1987296 FWCC-JANITORIAL SUPPLIES 387.69
10/28/2008 T1991410 FWCC-JANITORIAL SUPPLIES 123.56
10/17/2008 W1987601 FWCC-JANITORIAL SUPPLIES 1,787.29
1 0/9/2008 T1984739 FWCC-JANITORIAL SUPPLIES 202.76
10/15/2008 T1986793 CHB-JANITORIAL SUPPLIES 1,188.32
208007 11/14/2008 005208 COMMERCIAL CARD SOLUTIONS. 6,929.93
10/31/2008 OCTOBER 2008 CM-LUNCH MTG W/KOCHMAR 17.83
10/31/2008 OCTOBER 2008 CM-SEATTLE 684 - PARKING 3.00
10/31/2008 OCTOBER 2008 CM-LUNCH MTG W/KOCHMAR 18.38
10/31/2008 OCTOBER 2008 CM-OFFICE SUPPLIES 54.49
10/31/2008 OCTOBER 2008 PKM-ISA DUES 230.00
10/31/2008 OCTOBER 2008 PKM-QTR MEETING SNACKS 12.46
10/31/2008 OCTOBER 2008 PKM-PESTICIDE TRNG 240.00
10/31/2008 OCTOBER 2008 PKM-W1LDWOOD PLAYGRND ROCK 2,422.65
10/31/2008 OCTOBER 2008 PKM-2009 CALENDAR 20.21
10/31/2008 OCTOBER 2008 PKM-ISA TRAINING MATL 315.80
1 0/31/2008 OCTOBER 2008 PRCS-ART EXHIBIT RIBBONS 61.87
10/31/2008 OCTOBER 2008 PWST-CAMERA BATTERIES 21.79
10/31/2008 OCTOBER 2008 PKM-INTERVIEW PANEL LUNCH 42.15
10/31/2008 OCTOBER 2008 PKM-H20 FILTERS FOR HYLEBOS 86.56
1 0/31/2008 OCTOBER 2008 PWEOC-DUCT TAPE & TREAD 30.44
10/31/2008 OCTOBER 2008 CM-BUDGET MTG LUNCH 88.24
10/31/2008 OCTOBER 2008 CC- TOWN HALL MTG SNACKS 18.57
10/31/2008 OCTOBER 2008 CC-TOWN HALL MTG SNACKS 26.16
10/31/2008 OCTOBER 2008 CC-PSRC CONF. REGISTER 70.00
10/31/2008 OCTOBER 2008 CC-NAME TAG FOR M. PARK 9.54
10/31/2008 OCTOBER 2008 CC-TOWN HALL MTG SNACKS 7.29
10/31/2008 OCTOBER 2008 CC-TOWN HALL MTG SNACKS 26.28
10/31/2008 OCTOBER 2008 CC-SPECIAL COUNCIL MTG DINNER 136.49
10/31/2008 OCTOBER 2008 CC-SPECIAL COUNCIL MTG DINNER 262.53
10/31/2008 OCTOBER 2008 SWM-DEADBOL T LOCK 35.80
10/31/2008 OCTOBER 2008 MIS-VERIFONE INC RENEWAL 129.00
10/31/2008 OCTOBER 2008 MIS-9/08 RETURN TEVO CREDIT -381.49
1 0/31/2008 OCTOBER 2008 MIS-SAFE CITY MAl NT. SUPPLIES 49.22
10/31/2008 OCTOBER 2008 MIS-SAFE CITY STAFF MTG 68.03
10/31/2008 OCTOBER 2008 MIS-MAINVIEW STATION VIDEO CAR 158.19
10/31/2008 OCTOBER 2008 MIS-WRENCH 5.32
10/31/2008 OCTOBER 2008 MIS-DVD/RW DRIVE NEW LOANER 121.53
10/31/2008 OCTOBER 2008 MIS-QUICK BOOK SIW 414.15
10/31/2008 OCTOBER 2008 MIS QUICK BOOK SIW 10.85
10/31/2008 OCTOBER 2008 CD-DIGITAL CAMERAS 549.99
10/31/2008 OCTOBER 2008 CD-CODE COMPLIANCE DIGITAL CER 65.28
10/31/2008 OCTOBER 2008 CD-STAKES FOR NOTICES 34.60
10/31/2008 OCTOBER 2008 CM-FWTV SUPPLIES 33.45
Bank of America Page 22 of 34
Check No. Date Vendor I nv Date Invoice Description Amount Check Total
1 0/31/2008 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 PD-PO PANEL INTERVIEW LUNCH 59.92
10/31/2008 OCTOBER 2008 MSHR-SR. TRAFFIC ENGINEER AD 206.00
10/31/2008 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 SWM-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-10/08 VEHICLE FUEL 168.69
208010 11/14/2008 010303 COOL GUY GEAR LLC, 1,457.92
11/4/2008 22344 PD-VEST FOR VANRUTH & MICKELSE 1,457.92
208011 11/14/2008 008445 COPIERS NORTHWEST INC, 983.94
1 0/23/2008 46306 MIS-COPIERITONER SUPPLIES 23.87
1 0/23/2008 46306 MIS-COPIERITONER SUPPLIES 238.71
1 0/23/2008 46306 MIS-COPIERITONER SUPPLIES 214.84
10/16/2008 46188 MIS-COPIERITONER SUPPLIES 8.44
10/16/2008 46188 MIS-COPIERITONER SUPPLIES 84.42
10/16/2008 46188 MIS-COPIERlTONER 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-COPIERITONER 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
1 0/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 55.83
1 0/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 55.53
1 0/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 55.54
10/31/2008 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
10/31/2008 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
10/31/2008 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
1 0/31/2008 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
10/31/2008 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
1 0/31/2008 91394258 OCT 2008 OFFICE SUPPLIES CORP 21.36
208014 11/14/2008 000771 COSTCOIHSBC BUSINESS SOLUTIONS, 2,409.17
10/26/2008 OCTOBER 2008 FWCC-RESALE ITEMS 332.04
10/26/2008 OCTOBER 2008 FWCC-RESALE ITEMS 315.27
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
10/26/2008 OCTOBER 2008 DBC-CA TERING/KITCHEN SUPPLIES 390.53
10/26/2008 OCTOBER 2008 DBC-CATERING/KITCHEN SUPPLIES 154.21
1 0/26/2008 OCTOBER 2008 FWCC-RESALE ITEMS 158.02
1 0/26/2008 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 11/14/2008 011096 COURTSPORTS INC, 6,206.00
9/10/2008 1205 FWCC-RECOAT 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
10/15/2008 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
11n /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-FWCC 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 D 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-PUBLlC NOTICE REQUEST FOR 703.50
208022 11/14/2008 005922 DEX MEDIA WEST, 280.95
1 0/23/2008 200565236 PKKFT-10/08 DIRECTORY ADS- 280.95
208023 11/14/2008 005318 DEYO,DARLENE 128.70
1 0/28/2008 DEYO 2008 PD-LEIRA TRNG DARLENE DEYO 128.70
208024 11/14/2008 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
1 0/20/2008 OCTOBER 20, 2008 PRCS-L1NCOLN CITY TOURS 635.40
208027 11/14/2008 006177 EARL, SHARYN LYNN 2,010.00
1 0/27/2008 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
1 0/28/2008 614977 PD-GUNSLlNGER PACK, UNICAM- 206.10
10/28/2008 614977 PD-HYDRATION SYSTEM,- 26.06
10/28/2008 614977 PD-SHOOTING REST, UNICAM- 27.95
10/28/2008 614977 Freight 18.95
208029 11/14/2008 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
1 0/23/2008 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 MAl NT. 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-10/15-10/30/08 FUEL FOR 3.935.15
11/12/2008 0296181 PD-10115-10/30/08 VEHICLE FUEL 9,996.42
11/12/2008 0296181 PD 10/15-10/30/2008 FUEL CHARG 573.54
208035 11/14/2008 002227 ETTINGER, ROBERT 179.24
10/30/2008 ETTINGER 2008 DBC-8/08-10/08 MILEAGE ETTINGE 179.24
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
9/9/2008 2393 PRCS-CAMP \t'I!RINKLE 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
1 0/31/2008 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 11/14/2008 001893 FEDERAL WAY SCHOOL DISTRICT, 7,781.25
11/10/2008 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
1 0/30/2008 1340937 FWCC-VLV REBUILD KIT 188.68
208042 11/14/2008 010114 FICHTNER, THOMAS 1,079.09
10/30/2008 SAFE CITY SAFE CITY CAMERA DISPLAY 40" L 1,079.09
208043 11/14/2008 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-l0/08 FLEX PLAN ADM SVCS 222.70
208045 11/14/2008 008860 FOOD SERVICES OF AMERICA, 4,070.24
10/29/2008 9781200 PKDBC-CATERING SUPPLIES 706.86
10/23/2008 9767064 PKDBC-CATERING SUPPLIES 1,961.41
10/16/2008 9748744 PKDBC-CATERING SUPPLIES 1,401.97
208046 11/14/2008 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 PAYPHONE SVCS 81.82
208048 11/14/2008 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
10/212008 5959055901013 PD-H VIS TRAFFIC WAND 739.79
208050 11/14/2008 011105 GARCIA, JERRY 61.00
1 0/28/2008 523918 FWCC-ACCT ADJ REFUND 61.00
208051 11/14/2008 010451 GEAR ATHLETICS LLC, 327.00
1 0/6/2008 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
1 0/28/2008 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
10/31/2008 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
1 0/22/2008 GORDON 2008 PO-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
10/28/2008 9766370184 FWCC-V BELTS & FIXTURES 119.05
10/28/2008 9766514252 FWCC-DISPOSABLE GLOVES 119.04
10/28/2008 9766514260 FWCC-DOOR THRESHOLD 9.31
10/16/2008 9757683470 FWCC-60A 3 POLE & BATTERY 188.06
10/16/2008 9757683488 FWCC-BUFFER PADS 44.47
10/10/2008 9753536045 FWCC-DISPOSABLE GLOVES 198.38
Bank of America Page 25 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
10/10/2008 9753536045 FWCC-RESPIRATOR 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 0B-025 PD-POL YGRAPH EXAMS 450.00
208060 11/14/2008 011116 GYM TEC REPAIR LLC, 119.90
10/6/2008 77 FWCC-GYM FLOOR REPAIRlMAINT 119.90
208061 11/14/2008 011112 HANSEN,KAREN 25.00
11/6/2008 03-62059 REFUND PD-REFUND ALARM PERMIT FEE- 25.00
208062 11/14/2008 011106 HARKNESS, TERI 49.19
10/28/2008 523916 FWCC-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
11/1/2008 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-INrL INST OF MUN CLERKS, 115.00
10/23/2008 21887 RENEWAL MSC-K ROE IIMC MEMBERSHIP DUES 115.00
208068 11/14/2008 009382 INGALLlNAS 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
1 0/31/2008 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
8/13/2008 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 11/14/2008 010838 JOHNSON, STEPHEN G 250.00
10/28/2008 OCTOBER 28, 2008 CM-AG08-095 CONFLICT DEFENDER 250.00
208074 11/14/2008 004659 KAYE-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 QWEST 21ST 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
1 0/21/2008 1505326 AG03-161:11/08-I-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-9/08-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 SIGN/MRKNGS 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
Bank of America Page 26 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
208077 11/14/2008 000376 KING COUNTY FINANCE DIVISION, 6,099.00
10/15/2008 WRIA9-4407 SWM-AG#01-096 WRI WATERSHED BA 6,099.00
208078 11/14/2008 005568 KING COUNTY FLEET ADM DIVISION, 755.25
1 0/27/2008 204193 MSFLT-FRONT AXEL BEARING REPAI 755.25
208079 11/14/2008 003898 KING COUNTY RADIO. 8,351.06
1 0/3/2008 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 PARKS-2007/2008 NOX WEED TAX 13.32
208081 11/14/2008 005064 KOCH MAR, LINDA 13.56
11/7/2008 OCTOBER 2008 CC-10/08 CELL REIMB. KOCHMAR 13.56
208082 11/14/2008 005773 KOREAN WOMEN'S ASSOCIATION, 523.16
10/21/2008 04-00898 REFUND CD-04-00898 'lWVA 08-102930 REFU 523.16
208083 11/14/2008 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:11/08-PUBLlC DEFENDE 17,600.00
11/1/2008 91 AG02-125A:11/08-PUBLlC DEFENDE 3,974.40
208085 11/14/2008 006144 LEGEND DATA SYSTEMS INC., 182.58
10/16/2008 69571 PD-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
1 0/30/2008 125817 PWST-TOPSOIL 22.89
1 0/27/2008 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 PD-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
1 0/22/2008 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 1 0/23/08 MC-INTERPRETER SVCS 129.25
208091 11/14/2008 005406 MAYBERRY, MITCHEL 1,033.60
11/4/2008 FALL 2008 PRCS-AG06-040 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 PWTR-AG08-060 IMPACT FEE PROGR 4,620.00
9/24/2008 58737-2 PWTR-AG08-060 IMPACT FEE PROGR -1,932.48
9/24/2008 58737-2 PWTR-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
1 0/28/2008 001653 MSFL T-W/PER BLADES 25.27
1 0/22/2008 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, WD-40 19.77
Bank of America
Check No. Date
Vendor
Inv Date Invoice
10/27/2008 231419
10/28/2008 231456
10/31/2008 231599
11/V2008 231625
11/3/2008 231656
11/4/2008 231686
11/5/2008 231709
11/5/2008 231745
10/2V2008 231248
NORTH COAST ELECTRIC COMPANY,
10/29/2008 S2511506.001
10/10/2008 S2475422.001
NORTHWEST TOWING INC,
10/24/2008 403072
OFFICEMAX CREDIT PLAN,
11/6/2008 OCTOBER 2008
11/6/2008 OCTOBER 2008
OMNI LANDSCAPE SERVICES,
11/1/2008 36338
11/1/2008 36338
ORCA PACIFIC INC,
10/23/2008 036446
10/16/2008 036360
10/30/2008 036549
10/14/2008 036315
OSAKA GARDEN SERVICE, INC,
10/1/2008 23902
208098 11/14/2008 001391
208099 11/14/2008 003736
208100 11/14/2008 002623
208101 11/14/2008 009341
208102 11/14/2008 007444
208103 11/14/2008 009920
208104 11/14/2008 001691 OTAK INC,
10/13/2008 100881853
10/13/2008 100881853
10/13/2008 100881853
208105 11/14/2008 005741 OUTCOMES BY LEVY,
10/31/2008 OCTOBER 2008
208106 11/14/2008 000112 PACIFIC COAST FORD INC,
10/29/2008 FOCS157412
10/29/2008 FOCS157412
10/29/2008 FOCS157412
10/29/2008 FOCS157412
10/29/2008 FOCS157420
10/29/2008 FOCS157451
10/29/2008 FOCS157451
10/29/2008 FOCS157451
10/28/2008 FOCS 157384
10/28/2008 FOCS 157384
10/28/2008 FOCS 157384
10/28/2008 FOCS 157386
10/28/2008 FOCS 157386
10/28/2008 FOCS 157386
10/28/2008 FOCS 157395
10/28/2008 FOCS157424
10/28/2008 FOCS157424
10/28/2008 FOCS 157424
10/27/2008 FOCS 157378
10/27/2008 FOCS 157378
10/27/2008 FOCS 157382
10/27/2008 FOCS 157382
10/27/2008 FOCS 157382
10/23/2008 FOCS 157226
10/23/2008 FOCS 157226
10/23/2008 FOCS157296
10/23/2008 FOCS157304
10/23/2008 FOCS157305
10/24/2008 FOCS157297
Page 27 of 34
Description Amount Check Total
PARKS-FWCC-CARPET CLEANER, BRO 99.29
PWSWM-TAPE RULE 17.64
PARKS-FWCC-WASHER, CUTTING WHE 43.89
PARKS-FWCC-HAMMERITE, SLIP CAP 9.70
PWST-STEPLADOER 92.64
PWST-STEP LADDER 87.19
PWST-PLlERS 18.51
PWST-KEY 7.63
PARKS-FAC- CEDAR LUMBER 137.60
40.05
CD-SCREW DRIVER 15.99
MIS-TUBE PUTTY SAFE CITY 24.06
289.40
PO-TOWING SERVICE 289.40
231.60
OCT 2008 OFFICEMAX SUPPLIES 184.10
MSF-LABELS, INDEX TABS - BUDGE 47.50
5,504.03
PARK-AG08-065 LANDSCAPING MAIN 5,276.56
PARK-AG08-065 LANDSCAPING MAIN 227.47
2,417.20
FWCC-POOL MAINT SUPPLIES 674.42
FWCC-POOL MAl NT SUPPLIES 290.05
FWCC-POOL MAINT SUPPLIES 847.38
FWCC-POOL MAl NT SUPPLIES 605.35
15,625.16
PWST-AG07-010 9/08 ROW LANOSCA 15,625.16
170.23
PW-RCPT 04-1000 EURO DAILY MAR 170.23
PW-RCPT 04-1000 EURO DAILY MAR 170.23
PW-RCPT 04-1000 EURO DAILY MAR -170.23
4,769.98
AG03-191:(10/08)LOBBYIST SVCS- 4,769.98
20,927.73
PD-LOF 161.58
PD-WlPER BLADES 18.70
PD-BRAKE SERVICE 309.58
PD-TRANSMISSION REPAIR 61.04
PD-LOF 73.32
PD-BRAKE SERVICE 308.73
PD-WlPER BLADES 19.25
PD-LOF 152.35
PD-LOF 74.02
PD-WlPER BLADES 18.70
PO-AUTO GLASS 287.25
PO-BRAKE SERVICE 278.21
PO-LOCKS/KEYS 183.64
PD-TIRES 118.05
PD-TIRE REPAIR 65.18
PD-LOF 124.95
PO-WIPER BLADES 27.16
PO-ELECTRICAL SERVICES 4.58
PO-LOF 83.35
PO-WIPER BLADES 18.70
PD-LOF 172.78
PO-WIPER BLADES 18.70
PO-TRANSMISSION 53.41
PD-WlPER BLADES 18.70
PD-LOF 35.43
PD-LOF 34.28
PO-TIRE REPAIR 19.57
PO-LOF 39.95
PD-TIRE REPAIR 43.38
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
10/24/2008 FOCS157315 PD-LOF 35.41
10/24/2008 FOCS157328 PD-LOF 44.14
10/24/2008 FOCS157328 PO-BRAKE SERVICE 171.41
10/24/2008 FOCS157329 PD-LOF 171.12
10/24/2008 FOCS157329 PO-WIPER BLADES 16.98
10/24/2008 FOCS157329 PO-TRANSMISSION REPAIR 53.41
10/24/2008 FOCS157330 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 FOCS157524 MS-LOF 44.48
11/812008 P7069 PD-VIN 1FTPX12526KB819472006 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 11/14/2008 000885 PARKER PAINT MANUFACTURING CO, 88.74
1 0/30/2008 22243288 COB-PAINT & PAINT SUPPLIES 19.83
1 0/30/2008 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
11/10/2008 CM-11/6/08 CM - MEALS REIMBURSEMENT FOR N 54.75
11/10/2008 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-11/6/08 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
11/10/2008 CM-11/6/08 CC - MILEAGE REIMBURSEMENT FOR 46.80
11/10/2008 CM-11/6/08 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
11/10/2008 CM-11/6/08 LAW - MILEAGE REIMBURSEMENT FO 13.45
208110 11/14/2008 001166 PETTY CASH - FWCC, 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 FWCC-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 FWCC-10/31/08 PRCS-RICK POCKETS FOR SUMMER 0 8.97
11/10/2008 FWCC-10/31/08 PRCS-MEAL FOR CUSTOMER SERVICE 17.50
11/10/2008 FWCC-10/31/08 PRCS-MEAL FOR CUSTOMER SERVICE 19.68
11/10/2008 FWCC-10/31/08 PRCS-MILEAGE FOR CUSTOMER SERV 26.91
11/10/2008 FWCC-10/31/08 PRCS-BATTERIES FOR FWCC CAMERA 3.53
11/10/2008 FWCC-10/31/08 PRCS-GASOLlNE FOR PRESSURE WAS 15.92
11/10/2008 FWCC-10/31/08 PRCS-GAS FOR SR TRIP TO LEAVEN 13.00
11/10/2008 FWCC-10/31/08 PRCS-SCREWS FOR FWCC LOCKER RE 3.76
11/10/2008 FWCC-10/31/08 PRCS-MEAL FOR CUSTOMER SERVICE 10.06
11/10/2008 FWCC-10/31/08 PRCS-ITEMS FOR KITCHEN FOR SR 58.20
11/10/2008 FWCC-10/31/08 PRCS-MILEAGE REIMBURSEMENT 45.05
208111 11/14/2008 002557 PETTY CASH FUND-PARKS MAl NT, 301.65
11/13/2008 PKM-11/13/08 PKM-PETTY CASH FUND/PAGER BATT 22.89
11/13/2008 PKM-11/13/08 PKM-PETTY CASH FUND/MILEAGE TO 23.40
11/13/2008 PKM-11/13/08 PKM-PETTY CASH FUND/DINNER FOR 100.00
11/13/2008 PKM-11/13/08 PKM-PETTY CASH FUND/PER DIEM M 15.00
11/13/2008 PKM-11/13/08 PKM-PETTY CASH FUND/DINNER FOR 100.00
11/13/2008 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 MC-11/12/08 MUNI COURT CHANGE FUND 16.93
Bank of America Page 29 of 34
Check No. Date Vendor I nv Date Invoice Description Amount Check Total
11/12/2008 MC-11/12/08 MUNI COURT CHANGE FUND 41.62
208113 11/14/2008 002822 PETTY CASH-DUMAS BAY CENTRE, 78.54
11/10/2008 DBC-11-10-08 PKDBC-FRUIT:FOOD SERVICE 13.06
11/10/2008 DBC-11-10-08 PKDBC-LETTUCE:FOOD SERVICE 3.58
11/10/2008 DBC-11-10-08 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-1117108 PD- T ABS:VEHICLE L1CENSING- 93.75
11/10/2008 PD-1117108 PD-REFRESHMENTS:JUVENILE- 14.51
11/10/2008 PD-1117108 PD-120V ALARM BATTERY- 37.59
11/10/2008 PD-11n/08 PO-COFFEE FOR VOLUNTEER- 96.18
11/10/2008 PD-11n/08 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-PHOTOMODELER TRN POTTS 219.99
11/4/2008 POTTS 2008 PD-PHOTOMODELER TRN POTTS 63.00
208120 11/14/2008 010647 PRECISION COLLISION, 211.90
1 0/23/2008 43333 MSFL T-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 PD-TASER 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 FWCC-11/08 JANITORAL CLEANING 2,400.00
208125 11/14/2008 000202 QWEST, 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-(11/08) 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 11/14/2008 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-8/08-1 0/08 MILEAGE-ROSE 85.41
208131 11/14/2008 011111 RYAN & ASSOC PUBLIC RELATIONS, 595.00
11/10/2008 4609 PD-TUITION FEE:PIO BOOT CAMP- 595.00
208132 11/14/2008 006657 S C I INFRASTRUCTURE LLC, 405.171.20
1 0/31/2008 AG07-065 #18 PWST-AG07-065 PAC HWY S HOV PH 405,171.20
208133 11/14/2008 005508 SAFAROVA-DOWNEY, 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 SAFEWAY 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
1 0/28/2008 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
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
9/30/2008 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 FWCC-ACCT ADJ REFUND 41.33
208142 11/14/2008 009612 SEI, 197.15
10/20/2008 6303 PRCS-STAFF CLOTHING 197.15
208143 11/14/2008 001988 SERVICE LINEN SUPPLY, 51.54
1 0/27/2008 1027/1299 PRCS-L1NEN SERVICE 26.73
1 0/20/2008 1020/5429 PRCS-L1NEN SERVICE 24.81
208144 11/14/2008 009939 SMITH, KELLY 592.44
11/4/2008 SMITH 2008 PD-SWAT PATCHES/GEAR 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
1 0/22/2008 131790 CDPL-10/22/08 LEGAL NOTICE 129.78
10/15/2008 129417 CDP-l0/15/08 LEGAL NOTICE 115.36
208146 11/14/2008 004910 SPACESAVER NORTHWEST, 394.06
5/29/2008 505457 CD-LASER PRINT COLOR-CODED LAB 247.38
5/29/2008 505459 CD-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 TOWING, 185.13
10/30/2008 131203 PD-TOWlNG SERVICE 185.13
208148 11/14/2008 001618 SPEEDY GLASS - TACOMA, 578.19
10/20/2008 9172-1190739 PD-WlNDSHIELD 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 PKDBC-PEST CONTROL SVC 92.65
208150 11/14/2008 004701 SPRINT, 8,426.26
10/18/2008 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 4001 02318-083 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 007710 SUPERIOR LINEN SERVICE, 89.88
1 0/20/2008 02305 DBC-L1NEN SERVICE 29.96
11/3/2008 06632 DBC-L1NEN SERVICE 29.96
10/27/2008 04389 DBC-L1NEN SERVICE 29.96
208157 11/14/2008 007990 SYMBOLARTS LLC, 250.00
9/2312008 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
1 0/28/2008 11203 PD-INSTALL BATTERY BRAIN 235.06
10/28/2008 11203 PD-INSTALL BATTERY BRAIN -235.06
Bank of America Page 31 of 34
Check No. Date Vendor I nv 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 PD-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 DBC-DAMAGE DEPOSIT REFUND 70.00
208160 11/14/2008 000588 TACOMA PUBLIC UTILITIES, 914.75
10/22/2008 100048250 PKDBC/KFT-10/08 PUBLIC UTlLlTI 310.85
10/22/2008 100048250 PKDBC/KFT-10/08 PUBLIC UTlLlTI 155.40
1 0/28/2008 100529210 PARKS-10/08 5039 DASH PT WATER 448.50
208161 11/14/2008 002176 TACOMA SCREW PRODUCTS INC, 28.54
10/24/2008 13823558 PWST-REPAIR 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
9/2/2008 2106 PRCS-7/0S-8/08 MARKETING SVCS 360.00
208164 11/14/2008 008316 TELECOM TECHNOLOGIES INC, 863.00
1 0/29/2008 S32826 IT-POLYCOM SOUNDSTATION2- 694.00
1 0/29/2008 S32826 IT- EXTENDED MICS FOR THE POLY 159.00
10/29/2008 S32826 Freight 10.00
208165 11/14/2008 009936 THE ACTIVE NETWORK, 1,207.72
7/31/2008 1000000794 FWCC-DATACARDS & RIBBONS 603.86
10/24/2008 1000006205 FWCC-DATA CARDS & RIBBONS 603.86
208166 11/14/2008 006033 THE FAB SHOP LLC, 404.74
10/1/2008 13760 CDB-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-AGOS-097 RESTAURANT EDUC. 3,259.76
208168 11/14/2008 001424 THYSSENKRUPP ELEVATOR INC, 800.56
11/1/2008 775222 CHB-ELEVATOR MAl NT/INSPECTION 195.60
11/1/2008 775221 FWCC-ELEVATOR MAl NT. 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 MSFL T-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-CATERING SUPPLIES 126.74
10/17/2008 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-1 1/18" 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
10/18/2008 109017 DBC-CATERING SUPPLIES 137.00
10/16/2008 1016 PRCS-COOKING CLASS SUPPLIES 55.87
10/17/2008 108915 DBC-CATERING SUPPLIES 43.52
1 0/2/2008 104901 PRCS-COOKING CLASS SUPPLIES 62.96
10/9/2008 106653 PRCS-COOKING CLASS SUPPLIES 47.07
10/23/2008 110406 PRCS-COOKING CLASS SUPPLIES 46.93
10/22/2008 110142 DBC-CATERING SUPPLIES 151.76
Bank of America Page 32 of 34
Check No. Date Vendor I nv Date Invoice Description Amount Check Total
10/28/2008 111585 PRCS-SPOONS 10.68
10/27/2008 111353 DBC-CATERING SUPPLIES 82.75
10/25/2008 110863 DBC-CATERING SUPPLIES 85.56
11/1/2008 112637 DBC-CATERING SUPPLIES 58.12
10/15/2008 108228 PRCS-TRICKS N TREATS CANDY 58.31
10/14/2008 107986 DBC-CATERING SUPPLIES 31.03
208176 11/14/2008 003837 UNITED PARCEL SERVICE, 58.66
11/1/2008 0000F6588V448 PD-UPS DELIVERY SVC 22.39
1 0/25/2008 0000f6588v438 PD-DOCUMENT DELIVERY SERVICE 17.65
10/18/2008 0000F80F48428 MIS-UPS RETURN TO COPIERS NW 18.62
208177 11/14/2008 005019 UNITED RENTALS NORTHWEST INC, 60.09
11/4/2008 77823173-001 PWST-PROPANE 60.09
208178 11/14/2008 001592 UNITED WAY OF KING COUNTY, 2,339.45
11/12/2008 2008 CAMPAIGN 2008 UW CAMPAIGN VACATION/AUCT 1,264.25
11/12/2008 2008 CAMPAIGN 2008 UW CAMPAIGN CHILI/CAKE WA 318.25
11/12/2008 2008 CAMPAIGN 2008 UW CAMPAIGN BOOK/SPELLING 106.95
11/12/2008 2008 CAMPAIGN 2008 UWCAMPAIGN 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 UWCAMPAIGN CHILI/CAKE 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 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 PD-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
10/14/2008 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
1 0/28/2008 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 601 223 538 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
11/10/2008 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-FWCC 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 FWCC 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 DBC 3,130.85
11/10/2008 601-223-5385 MSF-10/08-REMIT SALES TAX DBC -3,130.85
11/10/2008 601-223-5385 MSF-10/08-REMIT EXC TAX (ROUND -0.04
208190 11/14/2008 006853 WAHl, PRAN 132.76
1114/2008 11104/08 MC-INTERPRETER SVCS 132.76
208191 11/14/2008 006007 WALKER ACE HARDWARE, 31.59
1 0/22/2008 004116 DBC-TOWEL BAR 19.60
Bank of America Page 33 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
8n12008 003925 PKKFT-FASTENERS 3.27
8/8/2008 003928 PKKFT-FASTENERS 8.72
208192 11/14/2008 002848 WASHINGTON FORESTRY CONSULTANT, 992.43
12/28/2006 3953 PKMT-TREE & SITE DAMAGE APPRAI 992.43
208193 11/14/2008 010598 WASHINGTON LEGAL MESSENGERS, 75.00
10/16/2008 169940 CDB-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
10/22/2008 6328 PD - NX9110 LAPTOP BATTERY- 164.04
208196 11/14/2008 003500 WESCOM COMMUNICATIONS, 555.90
10/4/2008 18885 PD-CALlBRATE RADAR SYSTEM 163.50
10/20/2008 18860 PD-CALlBRATE RADAR SYSTEM 98.10
10/20/2008 18861 PD-CALlBRATE RADAR SYSTEM 98.10
10/23/2008 18877 PD-CALlBRATE RADAR SYSTEM 98.10
10/27/2008 18879 PD-CALlBRATE 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 MSFLT-REPAIR DECK 214.73
208199 11/14/2008 009514 WESTSIDE CONCRETE ACCESSORIES, 159.77
1 0/6/2008 0666170-IN PWST-CONCRETE SUPPLIES; INVOIC 159.77
208200 11/14/2008 005680 WILD WEST INTERNATIONAL LLC, 17.41
10/31/2008 5365 PD-FIRING RANGE FEE SVCS 17.41
208201 11/14/2008 010529 WILL, DEB 250.00
10/10/2008 OCTOBER 10, 2008 MSHR-NUTRITION LECTURE 250.00
208202 11/14/2008 001206 WSSUA-WA STATE SOFTBALL UMPIRE, 859.00
1 0/26/2008 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 PD-COPS EXPO K GREGORY 30.00
10/27/2008 10083793 PD-IDENTITRUST CERTIFICATE RE 21.76
10/27/2008 10083793 PD-SPILLMAN CONF. B WILSON 36.00
10/27/2008 10083793 PD-SPILLMAN CONF. B WILSON 110.28
10/27/2008 10083793 PD-IDENTITRUST CERTIFICATE RE 21.76
10/27/2008 10083793 PD-FBINMCONF. 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
1 0/27/2008 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 PD-CRIME PREVENTION SMNR T1ROU 2,377.31
10/27/2008 10083793 PD-MOTORCYCLE TRNG HODGE 869.45
1 0/27/2008 10083793 PD-MOTORCYCLE TRNG HODGE 46.89
10/27/2008 10083793 PD-VICTIM INTERVIEW IN SPOKANE 20.00
10/27/2008 10083793 PD-VICTIM INTERVIEW IN SPOKANE 28.21
10/27/2008 10083793 PD-KRISTINE FAIRBANKS FUNERAL- 194.30
10/27/2008 10083793 PD-DUE PROCESS TRNG J NELSON 125.00
10/27/2008 10083793 PD-DAPS CERTIFICATE RECORDS 21.76
10/27/2008 10083793 PD-CODE 4 "GANGS" TRNG- 470.00
1 0/27/2008 10083793 PD-SEATS & ADD 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
Bank of America Page 34 of 34
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
1 0/27/2008 OCTOBER 2008 CC-SISTER CITY HOTEL- 2,173.69
10/27/2008 OCTOBER 2008 CC-SISTER CITY SEOUL LUNCH- 52.46
1 012712008 OCTOBER 2008 PRCS-PRESCHOOL SUPPLIES 153.84
10/27/2008 OCTOBER 2008 FWCC-SHOWER CURTAINS 285.07
10127/2008 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-NWTREK 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 FWCC-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
1 0127/2008 OCTOBER 2008 PRCS-HALLOWEEN CRAFTS 43.56
1 0/27/2008 OCTOBER 2008 PRCS-HALLOWEEN CANDY 434.68
1 0/27/2008 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-NWCDA CONF. ODONNELL 201.14
10/27/2008 OCTOBER 2008 FWCC-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
1 0/27/2008 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
COUNCIL MEETING DATE: No.emBer 18, 2QQgDece b--et"'":Z- ''''I ^,",a ITEM #:, 5.d. -;-
"'"-"""-,,,-,,,,-,,,,,,,,,,,,-,,,,""'",,"'",,"',,"'-,---,,,,,"',"',,,-,,,,-,,",,""""""'''"'-'''''--''''''''"""''''''-"""",",,,,",,'''",,-''.'''---,''',,''',,,,''',,""",,,,,,,,,,,,,,,,,,,,,,,,mJ:"",,,,,",,,,_,_:.1,,,~C.L,.,,,,,,,,,_,,,,,,_,",",,,",,",,,,,__"''''''''''_''"'"'""'_'_""''_',''''''
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2009 Property Tax Levy
POLICY QUESTION: Should the City Council adopt the 2009 Property Tax Levy based on the proposed budget?
COMMITTEE: NA
MEETING DATE: Various
CATEGORY:
D Consent I:8J Ordinance D Public Hearing
D City Council Business D Resolution D Other
~!~!':..F.:"~!0"~!",!.!y'~,_I!:1.9 I<:I.:~!!~?",E~~~~"Q,i.I.:~~!.'?~jt._"_""",_"____,,,,,,,,",,___,,,,,,,,,,,~,J.!:.!.!~ Finance "'"_"',___,__,"'"__"
ATTACHMENTS: Draft 2009 Property Tax Levy Ordinance
SUMMARY/BACKGROUND: The City Council held public hearings on November 4 and November 18 on the proposed
2009/1 0 Biennial Budget and 2009 proposed Property Tax Levy. The 2009 proposed Property Tax Levy is based on the
1 % increase limit plus new construction. Based on preliminary information from the King County Assessor, this would
result in a decrease in the tax rate from $1.04 to approximately $0.97 per $1,000 of assessed valuation.
--...-..-.-...---..................--...-.-..............--.--....--.-.--........-.........-.......--..--...............-.......-.----......-.-........--.-.-.-.....-......--......-...-....................--.-.....-------.-----..-.-..----.--.......--......-.-.----"'''',
STAFF RECOMMENDATION: Staff recommends Council approve the attached draft 2009 Property Tax Levy
Ordinance.
N/ A -112) DIRECTOR ApPROVAL:
Committee ~ Committee
COMMITfEE RECOMMENDATION: N/A ~~~~
I~ JrL~
PROPOSED COUNCIL MOTION: "I moV(~ the proposed ordinance t€J.s(}oand 1 utdillg awl npprnvnl nt th" fUi!xt F€guiur
'n on Dece fr
CITY MANAGER ApPROVAL:
N/A
~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON, FIXING
THE PROPERTY TAX AMOUNT FOR THE YEAR OF
2009.
WHEREAS, the City Council of the City of Federal Way has met and reviewed all
revenue sources and examined all anticipated expenses and other obligations for the 2009/10
biennium; and
WHEREAS the City Council, in the course of considering the biennium budget,
conducted public hearings on November 4, 2008, and November 18, 2008 for the proposed
property tax levy for 2009, and proposed revenues expenditures for the biennium; and
WHEREAS the City Council, after hearing and duly considering all relevant
evidence and testimony, determined that it is necessary and advisable to authorize an
increase in regular property tax levy consistent with the limit factor prescribed by RCW
84.55.0101 to discharge the expected expense and obligations of the City; now, therefore,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. !&IT. There shall be and there is hereby levied against the property in
the City of Federal Way, Washington, a municipal regular property tax for the year 2009
for the purposes of paying expenses and discharge obligations of the City in the amount of
Nine Million, Three Hundred Dollars ($9,600,000).
The levy amount includes (1) an increase in property tax revenue from the previous
year of One Hundred Seventeen Thousand and Fifty-one Dollars ($117,051) or one point
twenty-six percent (1.26%), (2) new construction and improvements to property, (3) any
ORD#
, PAGE 2
increase in the value of state assessed property, and (4) amounts authorized by law as a result
of any annexations that have occurred, as well as applicable refunds already made.
Section 2. Severability. The provisions of this ordinance are declared separate and.
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but no limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
, 2008.
day of
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
ORD#
, PAGE 3
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:\FIN\AI1 Old Budgets\0708 budget\ordinance\2009 ptax leVY..Jlenda bilI.doc
ORD#
, PAGE 4
.~~_~~~_~!:._~!~!_!~?~~!~:_~~_._c.~~~!:~~~~~~~~_.~~~\o.~c_2}_:bCQa____.__.__..______!!~_~_I!: 5. e.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMEND ORDINANCE NO. 06-541 EXTENDING THE MATURITY DATE AND CHANGING THE
INTEREST RATE OF THE CITY'S LIMITED TAX GENERAL OBLIGATION BOND FOR $4,100,000.
POLICY QUESTION: SHOULD THE CITY COUNCIL AMEND ORDINANCE NO. 06-541 THEREBY EXTENDING THE
MATURITY DATE AND CHANGING THE INTEREST RATE ON THE CITY'S LIMITED TAX GENERAL
BOND ISSUED FOR THE PRINCIPAL AMOUNT OF $4,100,000 AS A RESULT OF EXTENSION APPROVED
REGARDING THE SYMPHONY PROJECT?
COMMITTEE: N/ A
MEETING DATE:
CATEGORY:
o Consent
X City Council Business
Ordinance
o
o
Public Hearing
Other
DEPT: CM
----..--..-....-.-..4,-----.----.-------...------.
ST~~!}!~POl!!~r:~!:Y.~~p._~g~?~_g~~~Q.._ ......__ _
Attachments: Proposed ordinance amending Ordinance No. 06-541 extending the maturity date and changing the
interest rate on the City's limited tax general obligation bond in 2006 for the principal amount of $4,100,000.
Options Considered: 1. Approve the proposed amendment to Ordinance No. 06-541.
2. Direct Staff to find a different source of funding for the real property commonly referred to
as the AMC Theater site where the Symphony Project is intended to be developed.
STAFF RECOMMENDATION: Option 1 - amend Ordinance No. 06-541
/7ii(iI) DIRECTOR ApPROVAL:
~
CITY MANAGER ApPROVAL:
GD
COMMITTEE RECOMMENDATION: N/ A
Committee Member
Committee Chair
Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (DATE): ] move to forward the ordinance to a second reading for enactment on the
December 2, 2008 consent agenda.
2ND READING OF ORDINANCE (CONSENT AGENDA DATE): "] move approval of amending Ordinance No. 06-541 "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLEDIDEFERREDINO ACTION
!it MOVED TO SECOND READING (ordinances only) \ \ \ le, \ 2..ct:>~
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
CITYOF #/I' -~
Federal Way
DATE:'
November 18,2008
TO:
City Council Members
FROM:
Bryant Enge, ACM/CFO
SUBJECT:
Extension of Maturity Bond
Councilmembers,
The attached ordinance for your consideration would extend the maturity of the bond
which financed the purchase of the AMC Theater site. The bond was due to retire
December 28th from the proceeds of the sale ofthe AMC Theater site to United
Properties. Due to global economy challenges, United Properties has not secured
financing for the project. At the July 17, 2008 council meeting, City Council approved
an amendment to extend the closing date to September 11,2009. In consideration ofthis
extension, United Properties agreed to reimburse the city of Federal Way for its carrying
costs of the bond for 12 months. In execution of this consideration, United Properties
deposited $150,000 with an escrow agent managed by the city.
It is to the city's economic advantage to extend the note for 12 months. It is projected
that the amount deposited will be sufficient to cover the city's carrying costs, the interest
on the bonds. Since there is no carrying cost the city will benefit from the interest that
accrues on the set-aside of $4,100,000 that will retire the debt in December of2009.
Bond financing rules and statutes place limits on the city's ability to internally carry the
cost of financing with respect to subsequent financing of proj ect related costs.
BME~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON AMENDING ORDINANCE
NO. 06-541 TO EXTEND THE MATURITY DATE AND
CHANGE THE INTEREST RATE OF THE CITY'S LIMITED
TAX GENERAL OBLIGATION BOND, 2006 IN THE
PRINCIPAL AMOUNT OF $4,100,000.
WHEREAS, the City Council (the "Council") of the City of Federal Way, Washington (the
"City") passed Ordinance No. 06-541 on December 19, 2006 providing for the issuance of the City's
Limited Tax General Obligation Bond, 2006 (the "Bond") to finance public projects, including
property acquisition, demolition, planning, construction and refmancing (collectively, the "Project");
and
WHEREAS, the City issued the Bond to Bank of America, N.A. (the "Bank") with a maturity
date of December 28,2008; and
WHEREAS, the City has received a proposal from the Bank dated November 10,2008 (the
Bank's Proposal") extending the maturity date and changing the interest rate of the Bond;
WHEREAS, it is in the best interest of the City to accept the Bank's Proposal;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Amendment of Ordinance No. 06-541. Section 3 of Ordinance No. 06-541, is
hereby amended to read as follows (additions are double underscored, and deletions are stricken
through):
Section 3. Authorization of the Bond. The Council hereby authorizes the
issuance and sale of a limited tax general obligation bond of the City in the total principal
amount of$4,1 00,000. The bond shall be designated the "City of Federal Way, Washington,
ORD#
, PAGE 1
P:\20978_NMN\20978 _ 3AM
11/14108
Limited Tax General Obligation Bond, 2006," (the "Bond"). The Bond shall be issued in
fully registered form, shall be numbered, shall be dated as of its date of delivery to the Bank,
shall bear interest at the rate per annum of % ~%, until the Bond has been paid or its
payment duly provided for and shall mature on December 29. 2009 two years from the date
of its deliyery.
Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day
months. Interest shall be payable on the first day of the month that is at least 90 days from
the date of closing, and quarterly thereafter, and at maturity or upon prepayment. All
principal of the Bond shall be paid at maturity or upon prepayment.
Principal of and interest on the Bond shall be payable as described in Section 4 ill
Ordinance No. 06-541 belew. If the Bond is not redeemed when properly presented at its
maturity or call date, the City shall be obligated to pay interest on the Bond at two percentage
points in excess of the rates specified above, from and after the maturity or call date until the
Bond, both principal and interest, is paid in full.
Section 2.
Bank's Proposal. The City hereby approves and accepts the Bank's Proposal.
The City agrees to pay the fees specified in the Bank's Proposal and comply with all other terms and
conditions set forth therein. Upon delivery of the new Bond, the City shall pay to the Bank: (a) a fee
of $2,000 and (b) reimburse the Bank for its legal fees in the amount of not to exceed $300.
Section 3.
Confirmation of Ordinance No. 06-541. as amended. Ordinance No. 06-541
as amended by this amendatory ordinance is hereby ratified and confirmed.
Section 4.
Ratification: General Authorization. The Mayor, City Manager or the
Assistant City Manager/CFO and other appropriate officers of the City are authorized to deliver a
new Bond to the Bank reflecting the terms of this amendatory ordinance and to take any actions and
to execute documents as in their judgment may be necessary or desirable in order to carry out the
terms of, and complete the transactions contemplated by, this ordinance. All acts taken pursuant to
the authority of this ordinance but prior to its effective date are hereby ratified.
ORD#
, PAGE 2
P:\20978_NMN\20978_3AM
11/14/08
Section 5.
Effective Date. This ordinance shall become effective five days after its
passage and publication as required by law.
PASSED by the City Council of the City of Federal Way this 2nd day of December, 2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A.
RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ORD#
, PAGE 3
P:\20978 _NMN\20978 _ 3AM
11/14/08
CERTIFICATE
I, the undersigned, Clerk of the City ofF ederal Way , Washington (the "City"), and keeper of
the records of the City Council (herein called the "Council"), DO HEREBY CERTIFY:
1. That the attached ordinance is a true and correct copy of Ordinance No. of
the Council (herein called the "Ordinance"), duly passed at a regular meeting thereof held on the 2nd
day of December, 2008.
2. That said meeting was duly convened and held in all respects in accordance with law,
and to the extent required by law, due and proper notice of such meeting was given; that a legal
quorum was present throughout the meeting and a legally sufficient number of members of the
Council voted in the proper manner for the passage of said Ordinance; that all other requirements and
proceedings incident to the proper passage of said Ordinance have been duly fulfilled, carried out and
otherwise observed; and that I am authorized to execute this certificate.
I have hereunto set my hand this _ day of December, 2008.
CITY CLERK, CAROL MCNEILLY
P:120978_NMNI20978_3AM 11/14108
EXHffiIT "A"
BANK'S PROPOSAL
BukofAIII.li'b .....
Nancy D. Nuerenberg
Senior Vice President
Government Banking
WAI-501-34-03
800 5th Avenue, 34th Floor
Seattle, WA 98104
Tel 206.358.6279
Fax 206,358.8818
nancy.d.nuerenberE@!bankcfamerica.com
November 10, 2008
Mr. Bryant En ge
Assistant City Manager and CFO
City of Federal WfJ-.j
333258th Ave S
PO Box 9718
Federal Way, W A 98063-9718
Re: $4.100,000 limited Tax General Obligation Bond, 2006
Dear Bryant:
Bank of America N. A. is pleased to provide the attached proposal to extend the maturity date
of the above referenced Bond. The Bond proceeds were used to finance public projects,
including property acquisition, demolition, planning, construction and refinanCing (collectively,
the "Project"). The extension of the Credit Facility will allow the City time for completion of the
Project.
The rates and terms for the extension are attached to this letter, as Exhibit A. Summary of Terms
and Conditions. The terms and conditions are not all-inclusive, but generally describe the
proposal offered to the City.
The terms of this letter are confidential and, except for disclosure on a confidential basis to the
accountants, attomeys and other professional advisors retained by the City in connection with the
products and services therein or as mfJ-.j be required by law (including any public meeting or
public disclosure law), may not be disclosed by the City or any of such advisers in whole or in part
to any other person or entity without our prior written consent.
We appreciate the opportunity to present you with this proposal. Please call me at (206)358-6279,
or Tana Aardal at (206)358-8935, to discuss any questions or comments you mfJ-.j have.
Sincerely,
Bank of America, N.A.
1'7~~
Nancy D. Nuerenberg, SVP
Sr. Product Delivery Officer
cc: Nancy Neraas, K&L Preston Gates Ellis LLP
Alan Schulkin, Schulkin Law
Tana Aardal, Bank of America
Brennan Church, Bank of America
A-I
P:\20978 _NMN\20978 _ 3AM
11/14/08
City of Federal Way
November 10, 2008
Page 2 of 3
BORROWER:
LENDER:
CREDIT FACILITY:
SECURITY:
CLOSING DA TE:
MA TURlTY DA TE:
INTEREST RATE:
EXTENSION FEE:
REPA YMENT:
PREPA YMENT FEES:
BankefMeriea ....
Exhibit A
Summary of Terms and Conditions
(For Discussion Purposes Only)
November 10,2008
City of Federal Way, Washington (the "Borrower')
Bank of America NA. ("Bank")
$4,100,000 Limited Tax General Obligation Bond. Tax-
Exempt Bank Qualified (the "Credit Facility").
Limited Tax General Obligation of the Borrower.
December 28,2008.
The maturity date of the Credit Facility shall be extended by
one yearto December 28, 2009.
A rate per year equal to a Fixed Rate which is set for the full
term ofthe Credit Facility.
Final rate to be set based on then current market rates upon
approval of the Bond Ordinance. An indicative fixed rate as of
November 7, 2008 is 3.35%.
Interest is calculated on the basis of a 360-day year
comprised of 3D-day months.
Borrower agrees to pay Bank an extension fee of $2,000.
This fee shall be deemed fully earned and payable upon
closing.
Interest on the Credit Facility shall be payable quarterly.
beginning April 1, 2009 and at maturity or upon early
prepayment.
Principal outstanding on the Credit Facility is payable in full
on the Maturity Date.
Borrower may prepay the Credit Facility in whole or in part prior
to its scheduled Maturity Date by paying the principal amount
thereofto be prepaid together with accrued interest to the date
of prepayment.
Any such prepayment may result in the imposition of a
prepayment fee. The prepayment fee shall be in an amount
sufficient to compensate Bank for any loss incurred by it as a
result of the prepayment, as documented by the Bank, induding
any loss arising from the liquidation or reemployment of funds
obtained by it to maintain the funds used to purchase the Credit
Facility orfrom fees payable to terminate the deposits from
which such funds were obtained. For purposes of this
paragraph, Bank shall be deemed to have funded the purchase
of the Credit Facility by a matching deposit or other borrowing
in the applicable interbank market, whether or not the Credit
Facility was in fact so funded. In no case shall a prepayment
fee apply if the Bank's internally derived cost of funds is higher
A-2
P:\20978_NMN\20978 _ 3AM
11/14/08
City of Federal Way
November 10, 2006
Page 3 of 3
BaIlkofAmedc:a ..
on the date of prepayment than it was on the date the fIXed rate
of the Credit Facility was set.
EVENTS OF DEFAULT:
If there occurs any nonpayment of principal, interest, fees or
other amounts W1en due, the Bank may increase the interest
rate by two percentage points.
FINANCIAL REPORTING
REQUIREMENTS:
State Audit Report of the Borrower within 10 days of
receipt from State auditor.
BorrolNer's intemally prepared unaudited annual
financial statement within seven months of its fiscal year
end.
BorrolNer's biennial budget. within 45 days of
commencement of the new budget cycle.
EXPENSES:
BorrolNer will pay all reasonable costs and expenses
associated with the preparation and review of all
documentation executed in connection with the Credit
Facility, including Bank's attorneys' fees, whether or not the
Credit Facility is closed; Borrower's outside legal counsel
fees; and any other costs associated with documenting and
closing the Credit Facility.
DOCUMENTATION:
Borrovo.er agrees to execute loan documents in a form and in
substance satisfactory to Bank and its legal counsel, Alan
Schulkin. Final loan documents may contain terms and
conditions that are different from or in addition to those stated in
this letter.
ALL OTHER TERMS AND
CONDITIONS:
No change to existing terms and conditions other than
those described above.
STA TUTORY
DISCLOSURES:
ORAL AGREEMENTS OR ORAL COMMITMENTS TO
LOAN MONEY, TO EXTEND CREDIT, OR TO FORBEAR
F ROM ENFORCING REPA YMENT OF A DEBT ARE NOT
ENFORCEABLE UNDER WASHINGTON LAW.
This Summary of Terms and Conditions does not constitute a commitment to lend by Bank of
America or any of its affiliates and is presented for discussion purposes only. The actual terms and
conditions upon which Bank of America may extend credit to Borrower is subject to satisfactory
completion of due diligence, necessary credit approval and such other terms and conditions as
determined by Bank of America, in its sole discretion.
A-3
P:\20978 _NMN\20978 _ 3AM
11/14108
COUNCIL MEETING DATE: December 2,2008
_____________E!~_~_~:= 5.f. ==-
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Grant Funding for Transportation Improvement Projects
POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation improvement
projects?
COMMITfEE: Land Use and Transportation Committee
MEETING DATE: November 17,2008
CATEGORY:
t8j Consent
o City Council Business
o Ordinance
o Resolution
Public Hearing
Other
: Public Works
STAFF REpORT By: Marwan Salloum, P.E., Acting Deputy Public Wor
Director
Attachments: Memorandum to the Land Use and Transportation Committee dated November 17, 2008.
Options Considered:
1. Authorize staff to submit a grant funding application under the 2009 - 20 II Regional Mobility Grants
Funding Program for the Pacific Hwy S HOV Lanes Phase IV (Dash Point Rd to S 312th Street)
Improvements Project
2. Do not submit any grant funding application under the Regional Mobility Grants program for these
projects.
STAFF RECOMMENDA nON: Staff recommends forwarding Option I to the December 2, 2008 Council Consent
Agenda for approval.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
~
f3ut(
Committee Council
COMMITfEE RECOMMENDATION: Committee recommends forwarding staff's recommendation to the December 2,
2008 Council Consent Agenda for approval. d
fOXCUSetL ~~
Linda Kachmar, Chair Dini Duclos, Member
PROPOSED COUNCIL MOTION: "[ move ap, 01l I to authorize staff to submit a grant funding application under
the 2009 - 2011 Regional Mobility Grants Funding Program for the Pacific Hwy S HOV Phase IV (Dash
Point Rd to S 312th Street) Improvements Project."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACflON:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACflON
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
November 17,2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager
Marwan Salloum, P.E., Acting DeputyPublic Works Dir~r
Brian H. Roberts, P.E., Street Systems Project Engin~
Grant Funding for Transportation Improvement Projects
BACKGROUND
This memorandum provides the Council with the current funding availability of new grant funding
programs for transportation projects. Staff has evaluated aU projects listed on the City's Six Year
Transportation Improvements Plan (TIP) and concluded that the following project will likely be
competitive in the 2009 - 2011 Regional Mobility Grants (State) Funding Program.
Project (Funding Phase)
Grant
Estimated
Total
Proiect Cost
Possible Grant
Fnnd
Required
City Match
Pacific Bwy S BOV Phase IV (Dash Point Rd to
S 312th Street)
(Construction Phase)
2009 - 2011 Regional Mobility Grants (State)
$21,280,000
$1,300,000
$130,000
COUNCIL MEETING DATE: December 2, 2008
ITEM #:
.....................-...................-..........................-..............:: 5. g 0..._.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUB.JECf: 2009 Street Sweeping Services Contract - Bid Award
POLICY QUESTION: Should the Council award the 2009 Street Sweeping Service Contract to the lowest responsive, responsible
bidder?
COMMfITEE: Land Use and Transportation Committee
MEETING DATE: November 17, 2008
CATEGORY:
IZI Consent
D City Council Business
D Ordinance
D Resolution
~TAFF REpORT By: Marwan Salloum, P.E., Acting Deputy Public Works Directo
A IT ACHMENTS: Memorandum to the Land Use and Transportation Committee dated November 17, 2008.
OPTIONS CONSIDERED:
Public Hearing
Other
1. Award the 2009 Street Sweeping Services Contract to McDonough & Sons, Inc., the lowest responsive, responsible
bidder in the amount of $90, 168.38 and authorize the City Manager to execute the contract.
2. Do not award the 2009 Street Sweeping Services Contract to the lowest responsive, responsible bidder and provide
direction to staff
STAFF RECOMMENDATION: Staff recommends Option be forwarded to the December 2, 2008 City Council Consent
Agenda for approval
CITY MANAGER ApPROVAL:
DIRECTOR APPROVAL:
~
Committee
~
COWlcil
COMMITfEE RECOMMENDATION: Forward the above staff recommendation to the December 2, 2008 City Council
Consent Agenda for approval.
EXUASecl,
Linda Kochmar, Chair
Jd.JU-
Dini Duclos, Member
PROPOSED COUNCIL MOTION: "I move to direct staff to award the 2009 Street Sweeping Services Contract to
McDonough & Sons, Inc., the lowest responsive, responsible bidder in the amount of $90,168.38 and authorize the City
Manager to execute the contract"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDlDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
November 17, 2008
Land Use and Transportation Committee
Cary M. Roc, .P.E., Assistant City Manager, Chief Operations ~~ 7gency Manager
Marwan Salloum, P.E., Acting Deputy Public Works Director~
2009 Street Sweeping Services Contract - Bid Award
BACKGROUND:
Four bids were received and opened on November 6, 2008 for the 2009 Street Sweeping Services Contract, please
see attached Bid Tabulation Summary. The total bids for this contract are as follows:
Company
McDonough & Sons, Inc.
Action Services Corporation
Davidson-Marcri Sweeping, Inc.
Everson's Econo-Vac, Inc.
Bid Amount
$90,168.38
$91,626.46
$103,365.73
$171,356.00
Available Budget Amount
$107,605.00
The lowest responsive, responsible bidder is McDonough & Sons, Inc. with a total bid of $90,168.38. The
amount available in the 2009 budget for this service is $107,605.00. The 2008 contract amount was $103,050.56.
K:\LUTC\2008\11-17-08 2009 Street Sweeping Service Bid award.doc
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COUNCIL MEETING DATE: December 2,2008
ITEM #: 5.h.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement Projects -
50010 Design Approval
POLICY QUESTIONS: Should the Council authorize staff to proceed with final design of the Easter Lake Flood
Control Improvements Project and return to the Council at the 100% design completion for authorization to.bid?
Additionally, should the Council authorize staff to add the design and construction ofa minor SWM CIP West Branch
Joes Creek Culvert Replacement Project to the Easter Lake Flood Control Improvements Project as a separate bid
schedule?
COMMITfEE: Land Use and Transportation Committee
CATEGORY:
~ Consent
o City Council Business
MEETING DATE: November 17, 2008
o Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REPORT By: Will Appleton, P.E., SWMMan~~_____.__. DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated November 17, 2008, and a vicinity
map and 50% design plans for the West Branch Joes Creek Culvert Replacement Project.
Options Considered:
1. Authorize staff to proceed with final design of the Easter Lake Flood Control Improvements Project and return to
the Council at the 100% design completion for authorization to bid. Additionally, authorize staff to add the
design and construction of a minor SWM CIP West Branch Joes Creek Culvert Replacement Project to the Easter
Lake Flood Control Improvements Project as a separate bid schedule.
2. Do not authorize either project and provide further direction to staff.
ST AFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
~
8w\
Committee
COlmcil
r 2, 2008 Council Consent Agenda for approval.
r,~
EXf!1dd
Linda Kochmar, Chair
Dini Duclos, Member
-~~~ --"'.-
PROPOSED COUNCIL MOTION: "I move to prove Option No. I above to authorize staff to proceed with final
design of the Easter Lake Flood Contti111mF_meflts Pr()j6r:l and return wthe C()unci/ at the 100% design
completiM fo~a.U/h.~rization to bid A... . i . '~$taJf fa ..~. .f/Jte.. ~i~ and construction of a minor
SWMcCIPWest1Jranch Joes Creek Culven: PfQjed tQ {he1!iittttpEi1h Flood Control Improvements
Projectas a separate bid schedule. ..
(BELOW TlJBE ClJMPl$T$/)BY CITY CLER./(S OFFICE)
COUNCIL ACfION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
November 17, 2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, CO.O., Emergency Manager
Will Appleton, P.E., Surface Water Manager ~
Ken Miller, P.E., Deputy Public Works Director ~
FROM:
Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert
SUBJECT: Replacement Projects - 50% Design Approval
BACKGROUND:
Easter Lake Flood Control Improvements Project:
On July 1,2008; Council authorized the SWM Manager to combine three Easter Lake vicinity projects and
return to Council at the 50% Design stage. These projects included the installation of a new stormwater
trunk along lOth A venue South between South 306th Street and South 308th Street, and installation of a new
stormwater trunk along South 30Sth Street between lOth A venue South and a roadway sag located
immediately south of IvJ:emqrial Stadium. Additionally; this project will install a new pipe between the
South 30Sth Street roadway sag and the northwest comer of Easter Lake. The project design is now at the
50% design stage with fmalization of the design and processing of City and State permitting still
remaining to be completed. The design plans will be available at the LUTC meeting.
West Branch Joes Creek Culvert Replacement Project:
In 2004, SWM staff repaired an isolated collapsed section of a very deep and old 36-inch culvert which
conveys the West Branch of Joes Creek into the south end of Lake Lorene. Staff have been annually
monitoring the culvert and have determined that it is now failing and needs to be replaced as soon as
possible since other sections of the pipe are starting to collapse.
In order to replace this culvert in the most efficient, cost effective and timely manner, staff request
authorization from Council to add the design and construction of this work to the Easter Lake Flood
Control Improvements project as a separate bid schedule. Since this project is not a scheduled CIP,
the SWM Division is planning to utilize the perpetual SWM Minor CIP budget to fund the work.
The combined project would be constructed during the summer of 2009.
The project cost data is summarized below:
Proiect Proiect Budf!et Estimated Proiect Cost
Easter Lake FloodControlwbrovements $911,000 $909,000
West Branch Joes Creek Culvert Reolacement $65,000 $60,000
Total $976,000 $969,000
Staff plan to bring the project back to the Council at the 100% design stage for review and approval to
advertise.
cc: Project/Day File
Attachments: West Branch lees Creek Culvert Replacement plans
West Branch Joes Creek Culvert Replacement
LEGEND
Paved Edge of Roadway
Wetlands
Streams
N
City of Federal Way
Public Works Department
Surface Water Management Division
100 . 0 100200.2jOO 400 feet
P\a"'_ . , ..
Map Printed-Nov 7 2008
COUNCIL MEETING DATE: tiC.e.t'Y'bl,v bJ ZtX:b
.
ITEM#: 51
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2009 LEGISLATIVE 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
STAFF REpORT By: Linda Farmer
D Ordinance
D Resolution
D
D
Public Hearing
Other
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 Farmer and City lobbyist Doug Levy will make
an oral presentation at FEDRAC.
Attachments:
. 2009 Draft Legislative Agenda
. A WC 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
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
Committee Member
fDn,u (tVO(
. flnif vtYS4l.>Vl)
PROPOSED COUNCIL MOTION: "I move approval of
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF
Fed
y
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
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 inc1uded**
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 1egis1ative/budget provision.
Support/Oppose Policy Positions. The City has chosen to join others in either
supporting or opposing these 1egis1ative/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 Fanner,
APR, Communications and Government Affairs Manager, 253.835.2411 or
linda .fanner((v,cityoffederalway. com.
**As of'deadline, the A WCJ~~I/!_!!(}.UJJ!G:lize(ijts.._2_0Q!!J-,egisla,tive.J!t!~.t!t!~~:I)l_C! Pf!:c~et__n
will be distributed at the Dec. 2, 2008, City Council meeting"___nm
Top Priorities
_-----.f Deleted: isslatedtoadopti;.----i
_ ~._.............._............._........................................_......_.__.....--.J
,.......-................-........-.-.................................-...........-.--..----..
..-( Deleted: on Nov. 21. 2008 j
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
perfonning 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
perfonning 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
"LocaVCommunity Projects"
3. Ensuring that a $325,000 funding recommendation through the Building for the
Arts program is held intact during budget deliberations.
2. Changin~ the S~ate assault statute for look-alike gu~s . . r--..-....--..-----,
Federal Way IS pursumg a change to state law .tQf~~lgl"l~l1J?\:':llflJtI\:':sf()~(ls_~<l1,1I~.I;_I1~!g~~.lIlm_...".'t D~let~: .~t ._... ........................ .J
cases where a look-alike gun is used to threaten a police officer in criminal incidents. . ....{ Deleted: allows a second-degree)
Background: In May 2008, a Federal Way p.[ficerinpursuit.ofa:\'~l1il:lepr~wl~rsavv.tl1e'{ Deleted: police
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.tl1~ prg""leJ: ""a_stalcell iI1to.cl1st()clY~l'()l~c~ _di~c()\,er_eclth_e _ "gl1~':. ""(l~. ~_ n _ ,_ ,_.,. t~I-:!~-=-~~~~~~~s~~~~~..-J
air-soft pistol and not a real one. ;r~~(?ffil:eril1\'ol\T~clJ1<lcll1~vv<ly()flc11o':"il1g tl1a.~', .. _ ..... ... C"'" " r~i;;;j;y~~;....------.._.--l
......{ Deleted: in the chase
Session specifics: 30th District legislators will~p()~s~~tht::)~gis.lll~!~l1~""l1icl1l1ast>upp~r:t:....__{ Deleted: be !
Wa~k~~::~~;*{~it~s~l~~~~-~c~ri~~T~~~~!(~~l);~~d'l~1\0~:~i~~iii~add--..---~:~:::.,~L~~~~~.~. - .~"= .. ..=.~~~,~
12 1 tl'ddll "'1 1 '1 k l'k . ' rDeleted.the ,
up to .. mont IS to lIT - egree aSSaIl t c larges 111 meIC ents W leTe a 00 -a 1 e gun IS " , <
d th I' ffi 1 Deleted: andlor endorsement of !
use' to reaten a po Ice 0 lcer(s). ' ..___0
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 oflegislation that allows for creation of "Beach
Management Districts" (E2SHB 3186) to help fmance beach and bay-area cleanups. In
Federal 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 Govemor. Still, the City believes
progress has been made, particularly with an Ecology-led pilot cleanup of Dumas Bay in
late 2008.
Session Specifics: Rep. Sharon Nelson. D-34:hI?i~~~ict~:'.Vill~~spoIls()linglegisI<lti()Ilt() //t For'!latted: Superscript
ensure a reliable and ongoing funding source for sea lettuce cleanup and "root cause"
analyses.
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 Budget
. 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,
· a~l~H~.JJ~#Js!~~g.. ~~!?!.. ~~~~_ .~~~..i..~!~~~..P~~~~~.. K<?r h~~~~g.. .~~~~ ..~~_ .~~. ..'~I~QR~:............ ___..-"_~..t.~leted: Pur~~....___._..._.._.__.._J
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
address it. Additionally, in order to fulfill the goals ofPuget 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.
[iessign Sp-f;!.cifics: A series_ of [undimi!ools bills arc expected to be nI!I~ued.
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. The top priority among these is the 1-5!SR-18/SR-161
'TIillnglc" Int~I!;:J}angc,_~_m:9iect t\1e Gi!y wants expl!~_Hly called out Qn altpJ~c;J lists at
the state level. Additionally. the Citv will look to protect [WIding and a place in the
queue for the k 5!SJ{ ~ ~09liIld..I~?/~ ?2ndStre~tint~rc.h_liIlgeproiects~ ,[~tu~h~r, _the c::ity'Yi11
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
SUPPORf. 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.
Deleted: , especially the I-S/SR-IS/SR- 1
161 "Triangle Interchange," as well as '
, ,", ' , Deleted: the ---.J
< ,,---m__ ....._.._......_..... _--..,
'l~elet~:_~~dition~~____--.J
...Ensure funding is in lllace if the Legislature changes state law on how [>rollerty crimes are __
charaed
SUPPORT. Legislators mav well change state law regarding themonetarv threshold that is used to
ilitlillJ1tj,,!1!,--ami~q9m9;!n9I fr9JIL;!.JQLony in P.[QP9LtY.9Iil1J9-G.;!ses. .The CUI[911t thrcsholQ.2.f $250 h;!?!J91
changed formanv years. Federal Way understands the legislative desire to update the law, but will work
with A WC and others 1.0 ensure any shift in caseloads from the county level to cities is accompanied bv
adequate funding to address the increased municipal prosecution and Municipal Court workloads.
,.L()cClI:()p~i()llalltl1orityt()i'!lP()lJllcJ,,~l1icle.s ()ftl1()l>e ~11()s()! ic:it.llr()l>mll~~l> _. _. _ _ __ __.. _. _ __
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
S U PPO RI'. Federal W ay~sprepilre(i___t()___stro11glv supporteftiJrts!o etl~arJcefun4il1gforgangsinteryel1ti()I1__:::
specifically any efforts to add funding for prevention.
Registered Sex Offenders
SUPPORT. Iflegislation 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, ifit is brought forth.
Funding for medical costs incurred by jail offenders
SUPPORI'. Federal Way will support efforts by A WC and others to obtain state funding assistance.
Jury Pay
SUPPORT. If the District and Municipal Court Judges' Association brings forth 2009 legislation to
enhance jury pay, Federal Way will support it.
Requiring municipal courts to take on AHOs and DVPOs
OPPOSE. IfIegislation 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 Stormwater
· 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.
Deleted: Increase the monetary
threshold for which property
crimes are a misdemeanor vis-a-
vis felony
r--...-...-..........----...----.--..--.-----'"
.- Deleted: Federal Way strongly supports !
likely Awe efforts to ensure that funding i
is part of the equation if cities and I
mrmicipal courts take increased caseloads !
as a result of this statutory change. 1 -
1
.' { Deleted: will support efforts j
.-.-.---
FIRE PREVENTION AND EMERGENCY SERVICES/HAZMAT
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 lIB 2110, which passed the House and advanced to Senate
Rules. Advocates of lIB 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, andlor 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
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 broke red natural gas tax
SUPPORT. Federal Way will join the Department of Revenue, A WC, 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
;; LJPP()R l',\VlJile thesta,te 's()peratiIlg <lIld. <:;apitall:>u<igtlts do .n()t iIllpact cities. 3l1dloc.al goveIllIllents as .... _ /' { Deleted: ,r
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).
L______
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/ANNEXATION/LAND USE AND PERMITTING
SEPA. .... ...w. ........... ... .... .m. .. .... .......................... ....
SUPPORT. The City is supportive of any efforts to streamline duplicative processes between SEPA and
substantive building, subdivision, and other codes.
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
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
oflegislative initiative.
Annexation Tools
SUPPOKL Federal Way will support the extension of the state sales tax credit mechanism in SSB 6686,
Laws of 2006, as well as other initiatives by A WC and local jurisdictions to expand and enhance
annexation tools for cities.
Making GMA update cycles more consistent with federal census updates
SUPPORr. Current 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 WC, 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.
Deleted: Federal Way will support
legislatiou in these areas and may
initiative draft language on the issue of
SEP A impacts to neighboring
jurisdictions.'lI
HUMAN AND SOCIAL SERVICES
Full funding of 2-1-1 system
SlJPPORr, 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 WC 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 ofa series ofLEOFF 2 and PERS rate increases that already have occurred
in recent years. Federal Way will work through A WC in this area.
"Presumptive Disease" for police
OPPOSE. Existing state law provides workers' compensation benefits for firefighters, and families of
firefighters, if their disease is presumed to have occurred as a result of the 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"
legislative proposals. This presents cost impacts and concerns for Federal Way. The City will work through
A WC 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 oflocal executive sessions - at least
under certain conditions. E~d(!raIWay_~ill()PPo.~e,blJt }Vil~}Vo.rkt~l'y)ug~4WC::mu,
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 ofretrieving public records either by paper or electronically. Federal Way will work
through the A WC on this issue.
,..--'.'---...--..-.-..--------..
-' - 'l Formatted: Font: Italic j
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 WC on this issue.
PARKS AND RECREATION
Camp Kilworth
SUPPORT. Depending on the outcome of a 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. If so, Federal Way will
join A WC in strongly opposing this attack on local control.
TRANSPORT ATIONITRANSIT
TransitlCTR funding
SC PPORT. 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 WC 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.
. .{ Deleted: ,
COUNCIL MEETING DATE: December 2,2008
ITEM #:.
5.j.=
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?
COMMITTEE: FEDRAC
MEETING DATE: November 25,2008
CATEGORY:
[8J Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~~...~!'..2~!}~Y~M~.!?:4.!...~~~L~<?~~!~9.!?-_I~~_~9.!~g:t....p..~!:.~~!9.E__
DEPT: Information Technology
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: &.
Comnnttee
ImOr;;;;;;~_ ~
llli Duclos, Connmttee Member
~tVeLJ
Eric Faison, Committee Member
PROPOSED COUNCIL MOTIONS: I move to approve the Committee recommendation (option l).
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED... 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: December 2, 2008 ITEM #: 5.k.
......................_................_.............._......___...__.............._............................_.___m._....................____..........................._................__..........................._..............__................................................_.........._....................._...___
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: FINANCE/ECONOMIC DEVELOPMENTIREGIONAL
AFFAIRS COMMITTEE
MEETING DATE: 11/25/08
CATEGORY:
~ Consent
City Council Business
D Ordinance
D Resolution
o
D
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 1st 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 CPI, 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 term 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.
the lease renewal.
STAFF RECOMMENDATION: Recommend approval of the lease renewal and authorize the City Manager to
execute the amendment.
CITY MANAGER APPROVAL:
DIRECTOR APPROVAL:
COMMITTEERECOMMENDATIONL~(}X\. ,-:tv ~e ~ l1..4.fL. .p
~7.t-- -tfAt M 'Y~fi ~CAJ.k, ~ 00r~ .
-, ~ jZIJ~- .eKcut;d
Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Option L"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDillEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
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 V oiceStream PCS III Corporation ("Tenant").
A. The City and Tenant's predecessor in interest, Voice Stream PCS III Corporation
("VS PCS 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 Ill's 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 ofthe Lease.
- 1 -
3. Rent.
Tenant shall pay to the city rental fees in the amount of $1,731.60 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 (15%), 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, WA 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.
- 2 -
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 -
COUNCIL MEETING DATE: December 2, 2008
ITEM #: 6(a)
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ApPOINTMENTS TO THE ARTS COMMISSION
POLICY QUESTION: Should the City Council appoint candidates to the City's Arts Commission?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
D Consent
[gJ City Council Business
D Ordinance
o Resolution
D
o
Public Hearing
Other
~IAF!:_~PO~_~Y: C~ol McNeilly, Ci!y- Cl~!~_"...""._"_" .
DEPT: HR/CC
Attachments:N/A
Background: At a special meeting of the City Council on December 2, 2008 the City Council interviewed
applicants to fill positions on the City's Arts Commission. Six applications were received. Currently the
Commission has five regular appointments available. If current alternates are selected for regular positions, there
will be additional vacant alternate positions available.
Appointed members will be invited to the January 2, 2008 City Council Meeting to receive their Certificates of
Appointments.
Options Considered:
1. Appoint the following candidates to the Arts Commission with terms expiring as listed:
Regular Appointment Regular Appointment
12/31/2011
12/31/2011
12/31/2011
b.
d.
f.
12/31/2011
12/31/2011
12/31/2011
a.
c.
e.
2. Direct staff to re-advertise the vacancies.
STAFF RECOMMENDATION: N/A
CITY MANAGER ApPROVAL:
N/A
DIRECTOR APPROVAL:
N/A
N/A
COWlCil
Committee
COIUlcil
Committee
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: "1 move appointment of
with a term expiring December 31, 2011.
,to regular commissioner positions
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
...
COUNCIL MEETING DATE: December 2,2008
ITEM #: 6.b.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SCORE INTERLOCAL AGREEMENT
POLICY QUESTION: Should the City Council approve the SCORE Interlocal Agreement?
COMMITTEE: FEDRAC
MEETING DATE: 11/25/08
CATEGORY:
IZI Consent
D City Council Business
D
D
D Ordinance
D Resolution
Public Hearing
Other
ST~F ~PORT ~Y: Bry~I?:!.Eng~,.-^ssistaI?:!.g_~!y Manag~~!.g:fO
DEPT: City Manager's Office
ATTACHMENTS: MEMO from Bryant Enge, Assistant City Manager/CFO; Draft SCORE lnterlocal Agreement
SUMMARYIBACKGROUND: 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. Therefore an alternative option must be determined.
OPTIONS:
1. Approve the staff recommendation and forward the SCORE Interlocal Agreement to the December 2, 2008
City Council Consent Agenda.
2. Deny approval of the staff recommendation 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:
DIRECTOR APPROVAL:
~~
Eric Faison, Committee Member
PROPOSED COUNCIL MOTION: "] 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 TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
From:
November 21, 2008
Mike Park, Chair
Finance, Economic Development and Regio~aif'committee
Bryant Enge, Assistant City Manager/CFO ? /'f..--
Neal Beets, City Managerl1i?)
Staff Recommendation/SC'oRi lnterlocal Agreement
Date:
To:
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 j ail 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 oflabor contracts shall require an affIrmative vote of a
superrnajority (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 of 2012.
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.
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 fmancing 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 lnterlocal 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 ofthe
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 ownjail. 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.
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
projects 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:
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Section 1.
SCORE Facilitv: Authoritv
(a) Administrative Agency. 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 ofthe 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:
Page 2 of 12
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;
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 A2: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 ofthis 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
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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 ofthe 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.
(f) Upon termination ofthis 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),
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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 V otes. 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 oflabor contracts shall require an affirmative vote of a
supermajority (majority plus one) ofthe 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
Administrative 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 ofthe 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 ofthe
Presiding Officer or any two members. All meetings shall be open to the public to the extent
required by chapter 42.30 RCW.
Four (4) members ofthe 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.
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(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 ofthe Subscribing Agencies shall, by majority vote, elect up to
two (2) at-large member to represent the police departments ofthe 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) Voting 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 ofthe
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
ofthe 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 ofthe SCORE
Facility, the Operations Board shall recommend to the Administrative Board a person to act as
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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 Policy
(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 may be 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 Bud2et
(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, if so
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.
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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 ofthe 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.
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Section 14. SCORE Facility Financin2 and Construction: SCORE Facility Public
Development Authority
(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 ofthe City of Des Moines in a manner consistent with the terms ofthis
Agreement.
(b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and
the Presiding Officer ofthe 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 Facility 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 ofthe 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 Facility 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.
(1) 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
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Facility Public Development Authority with respect to the Bonds (the "Capital
Contribution") without regard to the payment or lack thereofby 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 (8%)
(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 ofthe 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 ofthe 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 ofl2
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used to reduce the Costs of Maintenance and Operation in the subsequent calendar year. Each
Member City shall receive creditlbenefit 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. Preliminary Costs of the SCORE Facility: Bellevue Property
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 ofthe 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, Washington (estimated to be approximately $3,180,000) shall be deposited with
SCORE and used to finance costs associated with the design, acquisition, construction,
improvement and equipping of the SCORE Facility.
Section 16. Filin2 of A2reement
Upon execution, this Agreement shall be filed as required in RCW 39.04.040.
Section 17. Severability
If any part, paragraph, section or provision ofthis 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.
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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 ofthis 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 BURIEN
By: Mayor
By: Mayor
CITY OF SEATAC
By: Mayor
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COUNCIL MEETING DATE: December 2,2008
ITEM #:. 6.c.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Resolution adopting 2009 Fee Schedule and repealing previous Resolution No. 07-513.
POLICY QUESTION: N/ A
COMMITTEE: N/ A
MEETING DATE: NA
CATEGORY:
D Consent
~ City Council Business
D Ordinance
[gI Resolution
D
D
Public Hearing
Other
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ATTACHMENTS: Resolution and 2009 Fee Schedule
SUMMARY/BACKGROUND: To implement the annual inflationary adjustment for all development fees including
building, zoning, land use, public works permit, inspection, and other development related services as
provided by Resolution 98-281 and amended thereafter by resolution number 07-513; and to implement 2009
School Impact Fee pursuant to the Federal Way School District's 2009 Capital Facilities Plan upon approval
by Council at its November 18,2008 regular meeting.
STAFF RECOMMENDATION: Staff recommends that Council approve the attached resolution.
CITY MANAGER ApPROVAL: N/A~ DIRECTOR APPROVAL: N/ A
Committee ~ Committee
cW.-
Council
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: HI move the approval of proposed resolution and fee schedule. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDfNO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
I
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING A FEE
SCHEDULE FOR 2009 AND REPEALING THE FEE
SCHEDULE ADOPTED IN RESOLUTION NO. 07-513.
WHEREAS, the City is authorized under RcW 35A.11.020. 35A.63.100(2), and RCW
19.27.040 to require licenses for the conduct of business, permits for the construction of structures
and improvements, and to impose fees to recoup the costs of processing and/or providing services;
and
WHEREAS, the Federal Way City Code establishes the basis for the assessment and/or
collection of such license, permit fees, and service charges; and
WHEREAS, the City Council deemed it is advisable and necessary to provide gradual annual
increases in Land Use, Mechanical, Plumbing, Public Works, Electrical, and Building permits and
establish the mid-year Consumer Price Index for All Clerical Workers (cPI-W) for the Seattle-
Everett-Bremerton area as the basis for such adjustments in Resolutions 98-281, 01-351, 02-377,
03-406,04-435,05-462,06-490, and 07-513.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Repealer. The Fee Schedule attached as Exhibit A to the City of Federal Way
Resolution No. 07-513, is hereby repealed effective December 31, 2008.
Section 2. Fee Schedule. The City of Federal Way hereby adopts the 2009 Fee Schedule as
attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for the
various licenses, permit processes, and other business activities of the City.
RES #
, Page I
Section 3. Annual Inflationary Fee Adiustment. Unless otherwise specified, all development
services and permit fees under the Land Use, Mechanical Code, Plumbing Permit, Public Works,
Electrical Code and Uniform Building Code, shall continue to be adjusted automatically each year
thereafter in accordance to the percentage of inflation measured by the mid-year cPI- W for the
Seattle-Everett - Bremerton area.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. 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 numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 7. Effective Date. The fee schedule adopted by this resolution shall be effective
January 1, 2009. An act consistent with the authority and prior to the effective date of the resolution
is hereby ratified and affirmed
Section 8. Savings Clause. Resolution No. 07-513, a portion of which is repealed by this
resolution, shall remain in full force and effect until the effective date of this Resolution and shall
remain in full force and effect in the event this resolution is invalidated in its entirety.
RES #
, Page 2
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
day of
,2008.
WASHINGTON this
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
K:\FIN\0708 budget\ordinance\2009 fee resolution.doc
RES #
, Page 3
CITY OF FEDERAL WAY
2009 FEE SCHEDULE
2008 2008 2009 2009
TYPE OF FEE Base Fee Base Fee
Pursuant to King County Fee Schedule
SECTION ONE. ANIMAL LICENSES.
SECTION TWO. ADULT ENTERTAINMENT.
$525.00
$75.00
Operator License lin addition to business license). ............ ......... ... ......... ......... ...................... ...... ........... $525.00 ......... ..........
Manager or Entertainer License... ......... ............... ...... ... ... ......... ... ... ... ......... ......___m_.__.__._ ...... ... ...... ..... $75.00 ...... ......... ....
. If the original application for license is made subsequent to June 30, the license fee for the remainder of that year shall be
one-half of the annual license fee.
Late Penalty:
A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration
date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license:
8 - 30 days past due ... ............ ............ ...... ............... ... ...... ... ...... ... ...... ...... .................. ...... ... ...... 25% . ...... ... .........
31 - 60 days past due..................... ......... ... ...... ... ......... ......... ... ... ...... ............ .......... .... ...... ... ...... 50% . ......... .........
61 and over days past due.................. ...... ...... ... ... ...... ... ... ......... ... ......... ......... ......... .... ...... ... ... ... 100% . ......... .........
25%
50%
100%
SECTION THREE. BUSINESS REGISTRATION.
General Business License:
New Business, all categories unless otherwise identified herein ............... ...... ......... ...... ............. ... ......
Business Renewal... ... ...... ... ... ...... ...... ...... ...... ......... ............... ... ...... ......... ...... ........ . ... ... ............
Duplicate Registration (replacement)... ...... ... ... ... ... ... ...... ... ...... ... ...... ......... ......... ........ . ... ... ... .........
$75.00
$50.00
$15.00
$75.00
$50.00
$15.00
Gambling:
Business Establishments Authorized by the State Gambling Commission to Operate Social Card Games and/or expanded
card room activ~ies:
New Business, Expansion, or Change of Ownership ..................................................... ...................
Renewal... ......................................................... ... ......... ... ...... ... ... ... ... ............... ................ ... ...
$525.00
$125.00
$525.00
$125.00
Restaurants & Taverns:
Restaurants per RCW 66.24.400 and Taverns per RCW 66.24.330 authorized to sell spirits, beer, and wine or beer and wine only,
by the drink for on-premises consumption w~h less than 50% in dedicated dining areas:
New Business, Expansion, or Change of Ownership......... ... ...... ............ ......................... ......... .........
Renewal... ... ... ........................ ............................................. ... ...... ... ....... ... ... ... ........................
Adult Entertainment Establishments:
New Business, Expansion, or Change of Ownership... ......... ... ............ ............... ............. ... ...... ... ......
Renewal...... ...... ............................................. ... ... ... ... ... ... ... ... ... ...... .................................. ... ...
$525.00
$50.00
$525.00
$50.00
$525.00
$125.00
$525.00
$125.00
Late Penalty:
Failure to pay any registration fee due within thirty (30) days after the day ~ is due shall resuR in a penaRy of 5% on the amount of the registration fee
but not less than $5, and an add~ional penalty of 5% or $5 whichever is higher for each succeeding month of delinquency or part thereof, not to
exceed 25% of the registration fee or $25 dollars.
....."'i:l...[.]~.:I.].I:..III.J~Io-"1I.:....[ItI.(.J~.:;I:I:ll'jl.1;
A. BUILDING
Permit tee is based on total valuation, see table, as follows:
NOTE: Projects containing new square footage may also be valued using the Building Valuation Data information published in the "Building Safety" journal. TI
data is updated biannually.
$1 to $500... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ......... ... ... ... ... ... ...... ............. ............... ... ... ... ... ....
For each add~ional $100 or fraction thereof up to and
including $2,000:......... ...... ...... ............ ...... ............ ......... ............... ................ ... ... ... $34, Plus
For each additional $1,000 or fraction thereof up to and
including $25,000:......... ... ...... ...... ...... .................. ............ .................. ...... ....... ........ $101.5. Plus
For each add~ional $1,000 or fraction thereof up to and
including $50,000... ... ...... ......... ...... ... ... ... ... ...... ............ ...... ............ ......... ............... $573, Plus
For each additional $1,000 or fraction thereof up to and
including $100,000... ...... ... ... ... ... ...... ... ... ... ... ... ... ... ...... ...... ... ... ... ... ... ............ ........... $935.5, Plus
For each add~ional $1,000 or fraction thereof up to and
including $500,000...................................................... .................. ...... ... ... ... .... ... ... .$1435.5, Plus
For each add~ional $1,000 or fraction thereof up to and
including $1,000,000............................................. ........................... ...... ... ... ... .... .... $4635.5, Plus
For each add~ional $1,000 or fraction thereof over
$1,000,000... ........................ ................................................... ... ... ... .... ... ... ... ... ... ..$8135.5, Plus
$34.00- $35.50
$4.50 $35.5, Plus $4.50
$2O.SO- $103. Plus $21.50
~ $597.5, Plus $15.00
$W,OQ- $972.5, Plus $10.50
$8,00- $1497.5, Plus $8.50
$7,OQ- $4897.5, Plus $7.50
$i,&O- $8647.5, Plus $6.00
Note: Additional fees will apply to a permit, as noted here:
All development perm~s (including building) are charged an automation fee. See I. MISCELLANEOUS PERMIT-RELATED FEES for details.
All building perm~s are charged an SBCC surcharge. See I. MISCELLANEOUS PERMIT-RELATED FEES for details.
Some building perm~s require plan review. See G. PLAN REVIEW for details.
Some building perm~s require plumbing fees. See E. PLUMBING for details.
Some building perm~s require mechanical fees. See D. MECHANICAL for details.
Some building perm~s require a dig~izing fee. See I. MISCELLANEOUS PERMIT.RELATED FEES for details.
Some building perm~s require an impact fee. See I. MISCELLANEOUS PERMIT-RELATED FEES for details.
Some building perm~s require a South King Fire fee. See I. MISCELLANEOUS PERMIT .RELA TED FEES for details.
B. DEMOLITION
Permit tee is based on total project demol~ion valuation. See the table in A. BUilDING to calculate fee.
Cash bond deposit (refundable) C~y to collect 120 % of perm~ fee as a cash bond
All development perm~s (including demol~ion) are charged an automation fee. See I. MISCELLANEOUS PERMIT.RELATED FEES for details.
All building perm~s are charged an SBCC surcharge. See I. MISCELLANEOUS PERMIT -RELATED FEES for details.
1019
CITY OF FEDERAL WAY
2009 FEE SCHEDULE
2008 2008 2009 2009
TYPE OF FEE Base Fee Base Fee
CONSTRUCTION PERMITS - CONTINUED
C. ELECTRICAL
Note: All development permits (including electrical) are charged an automation fee. See I. MISCELLANEOUS PERMIT-RELATED FEES for details.
1. "Inspected with the service" means that a separate service inspection fee is included on the same electrical work permit.
2. "Inspected at the same time" means all wiring is to be ready for inspection during the initial inspection trip.
3. An "outbuilding" is a structure that serves a direct accessory function to the residence, such as a pump house, or storage building. Outbuilding does not im
buildings used for commercial type occupancies or additional dwelling occupancies.
4. Square footage is the area included within the surrounding exterior walls of a building of a building exclusive of any interior courts. (This includes any floor
area in an attached ara e basement or unfinished Iivin s ace.
11\ Residential
la) Single- and two.family residentiallnew construction)
First 1300 sqft....... ... ...... ......... ............... ...... .................. ...... ............ ... ...... .... ..... ... ... ... ... ....
Each additional 500 sqfl. or portion thereof... ... ... ... ...... ... ... ... ...... ...... ... ... ... ... ...... ......... ....
Each outbuilding or detached garage (inspected with the service)... ......... ... ...... ... ........... ......... ....
Each outbuilding or detached garage (inspected separately)... ......... ...... ...... ......... ......... ...... ... ....
Each swimming pool (inspected with the service)... ......... ...... ...... ...... ...... ... ...... ............ .............
Each swimming pool (inspected separately)......................................................... ...................
Each hot tub, spa, or sauna (inspected with the service)...... ... ...... ...... ......... ........... ...... .............
Each hot tub, spa, or sauna (inspected separately)... ... ... ......... ............ ...... ......... ......... .............
Each septic pumping system (inspected with the service)...... ... ............ ...... ...... ... ... ....... ...... .......
Each septic pumping system (inspected separately)... ... ... ... ...... ...... ...................... ...................
Ib) Multi-family residential & misc. residential structures, services & feeders Inew construction)
Arr:!m!Q1y
o to 200, Service/feeder... ... ...... ......... ...... .......... ... ...... ... ...... ... ....... ...... ......... .......... .............
Additional feeder... ......... ... ...... ... ...... ... ... ... ... ...... .......... ........................ ................ .......
201 to 400, Servicelfeeder...... ...... ... ... ... ................... ......... ............. ... ...... ...... ... ......... ..........
Additional feeder...... ......... ... ...... ... ......... .... ... ... ... ... ... ... ... ... ... .... ... ... ...... ......................
401 to 600, Servicelfeeder... ................ ...... ......................... ... ... ...... .................. ...... ... ..........
Additional feeder... ............... ............ ..................... ... ............................... ............ ... ....
601 to 800, Servicelfeeder... ...... ...... ...... ... ... ...... .......... ... ...... ...... ...... ...... ...... ............. ..........
Additional feeder......... ... ...... ... ............ ............ ............ ...... ... ...... ... ....... ... ... ................
Over 800, Servicelfeeder.................. ......... ......... ......... ... ... ......... ...... .......... ... .................. ....
Additional feeder... ... ... ... ...... ............... ............... ... ...... ............... .......... ... ... ... ... ... ... ....
Ic) Single or multi-family services or feeders, Including circuits laltered)
Ampacitv
o to 200... ......... ... ... ... ... ...... ................................. .................. ...................... ..... ... ... ... ... ....
201 to 600... ......... ......... ................ ...... ......... .......... ......... ......... ... ...... ............... ...... ..........
Over 600... ... ... ... ... ... ...... ...... ...... ... ...... ..................... ... ...................... ......... ...... ...... ... ... ....
Mast or meter repair (no a~erations to the service or feeder)... ......... ...... ....... ... ...... ..... ...... ... .......
$44MO-... ......... .......
w,oo..... ... ...... .......
$4UQ- ... ... ... ... .......
$7eMl- ... ... ...... .......
$7eMl- ... ... .............
~...................
$4UQ- ... ... ...... .......
$7eMl- ...... ... ... ... ....
$4UQ-... ... ......... ....
$7eMl-... ... ... ...... .....
~...................
w,oo.. ...... ......... ....
~...................
$7eMl- ... ...... ...... ....
~...................
~...................
~...................
~...................
$389,&Q- ...... .............
~...................
$9i,OQ-...... ......... ....
~...................
~...................
$57,&0-...... .............
$121.00
$39.00
$51.00
$80.00
$80.00
$120.50
$51.00
$80.00
$51.00
$80.00
$131.50
$39.00
$163.00
$80.00
$223.00
$111.00
$285.50
$152.50
$408.50
$305.50
$100.50
$163.00
$245.50
$60.50
Id) Single or multi-family residential circuits only Ino service inspection)
Note: Attered or added circuit fees are calculated per panelboard. Total cost of the a~erations in an individual panel should not exceed the cost of a co
a~ered service or feeder of the same rating, as shown in sub-section (c) listed above.
Circuits, 1 to 4 (see note above)... ...... ... ...... ......... ... ............ ...... ...... ....... ...... ... ...... ...... ... ... ....
Each additional (see note above)...... ... ... ... ... ... ... ... ... .......... ...... ......... ............ ............ ....
Ie) Mobile homes, modular homes, mobile home parks, and RV parks
Service or feeder only............ ......... ... ... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ........... ... .............
Service and feeder......... ......... ......... ...... ............ ... ......... ...... ................... ........... ............ ....
If) Mobile home park sites and RV park sites
First site service or site feeder...... ......... ......... ............... ............ .......... ............ ...... ............ ....
Each additional site service; or site feeder inspected at the same time as the first service or fee<
12\ Commercial and industrial
la) New service or feeder & additional new feeders inspected at the same time, includes circuits.
Ampacitv
o to 100, Servicelfeeder......... ............ ...... ......... ...... ......... ...... ...... ...... ................. ............ ....
Additional feeder... ...... ...... .............................. ............ ...... ... ......... .............................
101 to 200, Servicelfeeder... ......... ... ...... ............ ... ...... ... ... ... ... ... ...... ...... ... ........... ......... .., ....
Additional feeder...... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ...... .......
201 to 400, Servicelfeeder... ... ... ... ... ... ... ......... ... ... ............ ...... ... ......... ... ...... ... ..... ... ... ... ... ....
Additional feeder......... ...... ... ... ...... ... ... ... ... ... ...... ... ... ... ... ... ...... ... ... ... ... .... ...... ......... ....
401 to 600, Servicelfeeder... ...... ...... ...... ............... ...... ...... ... ...... ...... ......... ........... ......... ... ....
Additional feeder.................. ... ... ... ...... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ............. .., ... .......
601 to 800, Servicelfeeder... ............ ...... ...... ......... ............ ... ...... ............ ... ...... ..... ............ ....
Additional feeder......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ...... ...... ... ... ... .... ... ... ... ...... ....
801 to 1000, Servicelfeeder......... '" ............... ... ......... ... ...... ...... ... ... ......... ......... .,. ............ ....
Additional feeder... ... ... ... ... ...... ... ... ......... ...... ... ... ... ...... ... ... ... ... ... ... ... ... .... ... ......... .......
2of9
$7eMl- ... ... ... ... ... ....
$+Ml-...... ......... ....
$7eMl- ...... ...... .......
~...................
$7eMl-... ... ......... ....
$SQ,OQ-...... ... ...... ....
~...................
$7eMl-...... .............
~...................
$93,00. ... ... ... ..........
~...................
~...................
$339Ml- ... ... ......... ....
~...................
$439,00- ... ... ...... ... ....
~...................
$536-.00- ... ...... ...... ....
$224,SO-... ... ... ...... ....
$80.00
$8.00
$80.00
$131.50
$80.00
$52.50
$131.50
$80.00
$163.00
$103.00
$305.50
$120.50
$356.00
$142.50
$460.50
$195.00
$562.50
$235.50
CITY OF FEDERAL WAY
2009 FEE SCHEDULE
2008 2008 2009 2009
TYPE OF FEE Base Fee Base Fee
CONSTRUCTION PERMITS - CONTINUED
C. ELECTRICAL. Continued
121 Commercial and industrial - Continued
Amoacitv
.Over 1000, Servicelfeeder............ ... ... ... ... ......... ... ....... ....... ........................ ............ ..........
Additional feeder......... ... ... ...... ......... ............... ........................ ...... ...... .... ......... ..........
$534Ml-
~.
$613.00
$327.00
Mast or meter maintenance or repair Ino a~erations to the service or feeder)...... ........ ...... ............. $W6.OO- .. ......... ....... $111.00
"NOTE: Services over 1000 amps, and certain hea~h care, educational, & institutional uses require plan review. See G. PLAN REVIEW for details.
Ibl Altered services I feeders. NO circuits
Amoac~v
o to 200, Servicelfeeder......... ......... ......... ...... ...... ... ... ...... ......... ...... ...... ... ........ ...... ......... .... ~ ............ ....... $131.50
201 to 600, Servicelfeeder............ ...... ... ............ ...... ... ...... ...... ...... ...... ...... ...... ........ ... ...... .... ~ ...... ...... ....... $305.50
601 to 1000, Servicelfeeder...... ... ... ...... ......... .................. ...... ...... ............ ......... ...... ............. $439,00- ...... ... ... ....... $460.50
.Over 1000, Servicelfeeder... ...... ... ...... ... ......... ... ......... ...... ...... ......... ............... . ... ...... ...... ~ ......... ...... .... $513.00
"NOTE: Services over 1000 amps, and certain hea~h care, educational, & inst~utional uses require plan review. See G. PLAN REVIEW for details.
Ic) Circuits only. A~ered/added circu~s fees are calculated per panelboard. Total cost of the a~erations in panel(s) should not exceed the cost of new
feeder(s) of the same ampacity rating.
Circuits, 1 to 5 (see note above)... ... ... ... ...... ... ......... ... ...... ...... ...... ... ...... ................... ......... ....
Each additional circuit (see note above)......... ......... ......... ... ...... ... ...... ... ... .......... ......... ....
(dl Over 600 volts surcharge per permit......... ... ...... ... ... ... ......... ...... ......... ............ .......... ......... ....
131 TemDOrarv Servicelsl [See WAC 296-46B-590 for information about temporary installations]
Temporary services, temporary stage or concert productions
Amoacitv
o to 60, Servicelfeeder... ... ... ...... ... ... ......... ...... ............ ......... ......... ...... ...... ................. ......... ....
Additional feeder............... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ...................................... ... ....
61 to 100, Servicelfeeder......... ............ ......... ...... ... ......... ... ...... ... ....... ... ... ... ... ...... ... ... ......... ....
Add~ional feeder......... ............ ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ......... ........... ...... ... ... ....
101 to 200, Service/feeder...... ... ......... ......... ......... ............... ...... ................ ... ... ........... .............
Add~ional feeder...... ... ........................... ............ ........................................................ ....
201 to 400, Servicelfeeder... ...... ... ........................... .......... ... ...... ......... ......... ...... ........... ..........
Add~ional feeder............ ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ........ ... ... ... ... ... ....
401 to 600, Servicelfeeder...... .......... ..................... ............. ......... ...... ...... ...... ...... ....... ......... ....
Add~ional feeder... ...... ........................... ........................ ............... ... ... ...........................
Over 600, Servicelfeeder...... ........................ ......... ..................................... ................ ......... ....
Additional feeder..................... ... ... ... ... ... ... ... ... ... ...... ... ...... ... ... ...... .............. ... ... ... ... ... ....
~...................
$7,SQ. ......... ...... ....
~...................
~...................
$3O,3Q. ......... ..........
~...................
$37,OQ.... ......... .......
~...................
$43.00-... ... ... ..........
~...................
~...................
~...................
~...................
ws..oo- ... ... ...... .......
$ll7,&Q-.................. .
141 Miscellaneous eauipment - commercial. industrial. and residential
la) A Class 2 low-voltage thermostat and ~s associated cable controlling a single piece of utilization equipment or a single furnace and
air conditioner combination.
First thermostat... ............................... ... ...... ... ... ... ... ... ... ... ... ... .... ... ... ... ... ...... ...... ... ... ... .......
Each add~ional inspected at the same time as the first... ... ... ............ ..................... ......... ....
~...................
W,iQ....................
$103.00
$8.00
$103.00
$71.00
$32.00
$80.00
$39.00
$103.00
$51.00
$120.50
$60.50
$163.00
$80.00
$183.50
$92.00
$60.50
$18.50
Ib) Class 2 or 3 low.voltage system & telecommunications systems. Includes all telecommunications, installations, fire alarm, nurse call, energy
management, industrial & automation, and/or lighting control systems, and similar Class 2 or 3 low-energy circu~s and equipment.
First 2500 sqft. or less...... ...... ... ...... ... ...... ....... ... ......... ...... ............. ...... ............ ............... .... ~ ...... ...... .......
Each add~ional2500 sqft. or portion thereof... ......... ...... ...... ... ............ ... .... ....... ... ......... .... W,iQ....... ...... .......
Icl Signs and outlet lighting
First sign (no service included)......... ......... ...... ...... ... ... ... ... ... ............ ...... ...... ............ ......... ....
Each additional sign inspected at the same time on the same building or structure......... ....................
Id) Yard pole. pedestal. or other meter loops only
Yard pole, pedestal, or other meter loops only...... ... ...... ... ......... ... ......... ...... ......... ....... ......... ....
Meters installed remote from service equipment & inspected at the same time as other installatio
~...................
$27,00-...... ...... .......
~...................
W,iQ. ...... ...... .......
$71.00
$18.50
$60.50
$28.50
lei Generators. Note: For permanently installed generators, refer to the appropriate residential or commercial new/a~ered service or feeder section.
Portable generators, permanently installed transfer equipment for portable generators..... ... ... ... ... ... . $llll,OQ- ... ... ...... ... ... . $100.50
$80.00
$18.50
If) Annual permits
i. Annual electrical [See WAC 296-46B-900(14)]
For commercialindustriallocation employing full-time electrical maintenance staff or having a yea~y maintenance contract with a licensed electrical
contractor. Note: All yea~y maintenance contracts must detail the number of contractor electricians necessary to complete the work required under
the contract. This number will be used as a basis for calculating the appropriate fee. Each inspection is based on a two-hour maximum.
Number of inspections
1 to 3 plant electricians... ........... ...... ............ ...........12... ......... ... ... ... ... ............ ................. ......... ....
4 to 6 plant electricians... ...... ... .......... ... ... ..............24......... ............ .......................... ...... ......... ....
7 to 12 plant electricians...... ...... ........ ... ...... ...... ......36..................... ... ..................... ........ ......... ....
13 to 25 plant electricians... ..................... ......... .......52......... ......... ......... ......... ................ ......... ....
Over 25 plant electricians... ......... .............. ..............52......... ............ ... ......... ...... ............. ......... ....
ii. Annual telecommunications [See WAC 296-468-900(13)]
For commercialindustriallocation employing full-time telecommunications maintenance staff or having a yea~y maintenance contract with a licensee
electrical/ telecommunications contractror.
Two-hour minimum of inspection time... ......... ... .................. ......... ...... ...... ...... ..... ...... ...... ....
Each add~ional hour or portion thereof, of inspection time...... ......... ...... ...... .... ... ...... .......
3019
$2,760.00...................
$5,520.00...................
$8,280.00...................
$11,960.00...................
$11,960.00 :..................
$23MCl-... ...... ...... ....
~...................
$2,895.00
$5,790.50
$8,685.50
$12,546.00
$12,546.00
$241.50
$120.50
CITY OF FEDERAL WAY
2009 FEE SCHEDULE
2008 2008 2009 2009
TYPE OF FEE Base Fee Base Fee
CONSTRUCTION PERMITS. CONTINUED
C. ELECTRICAL - Continued
Ig) Permit requiring ditch cover inspection only
Each 1 hour or portion thereof............... ......... ....
Ih) Cover inspection for elevator / conveyance installation
Note: This item is only available to a licensed/registered elevator contractor... ... ...... ......... ... ... ... ....
Ii) Carnival inspections
i. First carnival field inspection each calendar vear
Each ride and generator truck... ... ... ... ... ... ...... ... ......... ...... ..... ... ... ...... ......... ...... ............. .......
Each remote distribution equipment, concession, or gaming show...............................................
If the calculated fee for the first camival field inspection above is less than $140.00, the minimum
inspection fee shall be............... .............................. ............... ......... .................. ..........
ii. Subseauent carnival inspections each calendar vear
First 10 rides, concessions, generators, remote distribution equipment, or gaming shows... ......... ... .............
Each add~ional ride, concession, generators, remote distribution equipment, org;...................
iii. Concessionlsl or ridelsl not part of a carnival
First field inspection each year of a single concession or ride, not part of a carnival............. .............
Subsequent inspection of a single concession or ride, not part of a camivaL.... ......................
$.145,00.................... .
$98,00- ... ................
~...................
$3,60-... ...... ..........
~...................
~...................
$3,60- ... ...... ...... ....
$.145,00.. ...... ... ... ... ....
~...................
D. MECHANICAL
Permit fee is based on total project installation valuation. See the table in A. BUILDING to calculate fee.
All development perm~s lincluding mechanical) are charged an automation fee. See I. MISCELLANEOUS PERMIT.RELATED FEES for details.
Some mechanical perm~s require plan review. See G. PLAN REVIEW for details.
$120.50
$103.00
$26.00
$9.00
$152.50
$152.50
$9.00
$120.50
$80.00
E. PLUMBING
Note: Forthe purpose of this section, a san~ary plumbing outlet on orto which a plumbing fixture or appliance may be set or attached shall be construed to be a
Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures involved.
Permit fee is based on total number of fixtures as noted in Fixture Fees below:
Permit Issuance. Per permit charge when not part of a building perm~...................................................... ~...................
All development perm~s (including plumbing) are charged an automation fee. See I. MISCELLANEOUS PERMIT-RELATED FEES for details.
Some plumbing perm~s require plan review. See G. PLAN REVIEW for details.
Fixture fees:
1. For each plumbing fixture of trap or set of fixtures on one trap (including water, drainage) piping and
backflow protection therefore........................ ...... ...... ...... ....................... ............ .................. ... ...
2. Rainwater systems, per drain (inside building)............. ............ ............ ...... ... ...... ................... .......
3. For each water heater and / orven!............. ............ ......... ...... ...... ...... ...... ... ...... ............... ..........
4. For each industrial waste pretreatment interceptor, including ~s trap and vent excepting interceptors
functioning as fixture traps......~.. .................. ... ... ... ... .................. .................................... ... ... ....
5. For installation, atteration or repair of water piping and/or water treating equipment... .............. ...... .......
6. For repair or atteration of drainage orient piping....... ... ... ...... ............ ...... ............... ..... ......... ... .......
7. For each lawn sprinkler system or anyone meter including backflow protection devices tht...................
8. For vacuum breakers or backflow protective devices on tanks, vats, etc., or for installation on unprotected
plumbing fixtures including necessary water piping:
1 to 5 fixtures... ...... ............ ... ............ ......... ....... ...... ............ ................ ......... ......... ... ... ...
over 5 fixtures...... ............ ............ ............ ......... ...... ......... ............ ...... ... ....... ............... ...
~...................
~...................
~...................
~...................
~...................
~...................
~...................
$7,00- .... ......... ......
$4.50 ...................
F.SIGN
111 Permanentsian.
Permit fee is based on total project installation valuation. See the table in A. BUILDING to calculate fee.
Plan review. Most sign perm~s require review. See G. PLAN REVIEW for details.
Electrical. Electrical signs require add~ional fees. See C. ELECTRICAL (4)lc) for details.
All development perm~s (including signs) are charged an automation fee. See I. MISCELLANEOUS PERMIT.RELATED FEES for details.
Planning surcharge. Total perm~ fee includes a per sign planning surcharge, as follows:
First sign............... ....................................... ...... ... ...... ...... ... ... ... ... ... .... ... ... ... ...... ... ... .......
Each additional sign on same application..................................................... ...................
$4Q,&Q- ............ .......
$46,00- ...... ...... .......
121 TemDorarv sian. Note: temporary signs are by separate permit.
Permit fee... ......... ... ... ... ......... ...... ... ... ... ............ ... ... ... ... ... ............ ............... ...... ...... ... ... ... ... .... $4Q,&Q-...................
All development perm~s (including signs) are charged an automation fee. See I. MISCELLANEOUS PERMIT.RELATED FEES for details.
$31.00
$10.50
$10.50
$10.50
$10.50
$10.50
$10.50
$10.50
$7.50
$4.50
$42.50
$17.00
$42.50
G. PLAN REVIEW
The specified plan review fees are separate from and in addition to the permit fees. The plan review fee is collected at application submittal.
Building permit: 65% of the building permit fee
Mechanical permit: 65% of the mechanical permit fee
Plumbing permit: 65% of the plumbing permit fee
Sign permit: 65% of the sign permit fee
Electrical permit: 35% of the electrical work perm~ fee plus a plan review fee of.......... .......... ............ .... $98,00-... ......... ....... $103.00
Commercial building permits ONLY: 15% of permit fee goes to South King Fire & Rescue plan review
Additional plan review required by changes / additions / revisions to plans, per hour or portion thereoL... ~................... $105.00
Outside consultant plan review...... ............... ............ ...... ...... ...... ...... ...... ......... ............ .......... ..... Actual Costs!') ............. ...... Actual Costs (1)
(1) Actua/ costs or $100.00 per hour or portion thereof, whichever is the least. Note that "actual costs" include City administrative and overhead costs.
Note: Fire prevention system plan review fees are found in Section Six. Fire Code.Annual Permits fee section.
4019
CITY OF FEDERAL WAY
2009 FEE SCHEDULE
2008 2008 2009 2009
TYPE OF FEE Base Fee Base Fee
CONSTRUCTION PERMITS - CONTINUED
H. INSPECTIONS
Other inspections / fees, per hour:
1. Inspections outside of normal business hours..... ... ... ...... ... ... ... .. ... ...... ... ... ... ... ... ..... .... ...... ......... $70.00 . ...... ...... ... ... $73.50
2. Reinspection.......... ......... ...... ...... ............ ... ... ... ... ... .... ....... ...... ... ... ... .......... ...... ...... ... ... ... ... ... $70.00 ....... ......... ... $73.50
3. Weekend. holiday. and emergency call-out inspections (4-hour minimum)...................... ................... $70.00 ................... $73.50
4. Inspections for which no fee is specifically indicated (l-hour minimum)... ... ...... ... ... ...... .... ......... ......... $70.00 . ... ... ...... ... ... $73.50
5. Inspections performed by outside consuttants......... ...... ... ...... ... ... ......... ......... ...... ......... ... ... ... ... ... Actual Costs (2) . ... ............... Actual Costs (2)
(2) Actual costs or $100.00 per hour or portion thereof. whichever is the least. Note that "actual costs" include City administrative and overhead costs.
I. MISCELLANEOUS PERMIT.RELATED FEES
Adutt family home facility inspection...... ...... ...... ...... ... ... ... ... ...... .. ... ......... ... ... ........... .............. ... .....
Automation (applies to all land use and development permits)... ... ...... ......... ......... ...... ..... ... ... ...... ......
Digitizing. for single-family plans not submitted in digitized form......... ......... ............ ...... ... ...... ..............
Digitizing. forcommerical and mutti-family plans not submitted in digitized form................... ..................
Impact. per single-family residential dwelling unit......... ...... ...... ......... ...... ...... ......... ........ ...... ...... ... ...
Plus city administrative fee @ 5%......... ...... ... ... ... ...... ......... ... ...... ... ......... ...... ......... ...... .........
Impact, per mutti-family residential dwelling unit............................................................ ..................
Plus city administrative fee @ 5%......... ............ ... ...... ............ ......... ......... ............ ... ...... ... ......
Over-The-Counter (OTC) permit and review... ...... ... ...... ... ... ... ...... ... ...... ... ... ... ...... ... ... .... .................
$S9.W-...... ......... ....
$MO....................
$37,50-...... ...... .......
~...................
~...................
$W4,OO ...................
~...................
m,&O...................
$53,&0- ... ... ...... .......
$73.00
$6.00
$39.50
$118.00
$4.017.00
$201.00
$1,733.00
$86.50
$56.00
State Building Code Council (SBCC) surcharge......... ......... ...... ...... ... ... ...... ... ...... ... ...... ...... ............
For each additional multi-family housing unit on the same permit..................................................
Permits. expired up to 360 days past expiration date or date of last inspection. subject to Building Official's discretion. The renewal fee is one-half the origina
permit fee.
$4.50
$2.00
$4.50 ...................
$2.00...................
J. REFUNDS
Permit applications: The Building Official may authorize the refunding of not more than 80% of the permit plan review fees paid provided the applicant presents
request to withdraw the application prior to the commencement of staff review. The automation fees are non-refundable. [NOTE: The Building Official does
purview over another department or jurisdiction's fees. Please apply to them separately, if applicable.]
Issued permits: The Building Official may authorize the refunding of not more than 80% of other, non-plan review-related building permit fees paid provided the;
presents a written request to cancel the permit prior to the commencement of any construction work covered by the permit andlor prior to the completion of
inspections by City staff. The automation fees are non-refundable. [NOTE: The Building Official does not have purview over another department or jurisdictic
Please apply to them separately. if applicable.]
K. PENALTIES
Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit may be required to pay double
the permit fee fixed by this section for such work. Such double permit fee shall be in additional to any penalty for a violation of the provisions of this Code.
False Alarm Fee
4th and 5th false alarms in a registration year (July 1 - June 30), each alarm......... ............. ...... ... ...... ....
6th and successive false alarms in a registration year (July 1 - June 30). each alarm...... ............... ...... ....
SECTION FIVE. FALSE ALARMS.
$50.00
$100.00
Registration Fee... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ................
Late Registration Fee Penalty............... ... ......... ...... ... ...... ......... ...... ......... ................. ......... ...... ....
Late False Alarm Payment Penalty...... ...... ... ............ ... ...... ... ... ... ...... ......... ......... .............. ... ...... ....
Appeal Hearing Cancellation Fee... ... ... ... ... ... ...... ......... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... .... ... ... ..........
$50.00 ...................
$100.00 ... ...... ...... ....
$25.00 ...................
$50.00...................
$25.00 ...................
$10.00...................
$25.00
$50.00
$25.00
$10.00
SECTION SIX. FIRE CODE-ANNUAL PERMITS. Initial Appl Initial Appl
Carnivals or Fairs:
1-10 Booths/Displays......... ...... ... ... ... ... ... ... ... ... ... ... ...... ... ... ............ .................. ... ....
11-20 Booths/Displays... ... ... ... ... ............ ...... ... ... ............ ... ... ... ... ... ... ... ... ... ... ... ... ... ...
20 + Booths/Displays......... ...... ............ ............... ... ... ...... ............ ...... ......... ..............
$100.00 ..................... $100.00 ........................
$150.00 ..................... $150.00 ........................
$200.00 -.- ... -.. ... ... ... ... $200.00 ........................
$100.00 ..................... $100.00 ........................
$100.00 ... ... ... ... ... ..- -.- $100.00 ........................
Parade Floats... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ............ ...... ... .....
Temporary Membrane Structures, Tents and Canopies (per unit)...... ...... ...... ... ......... .......
Flammable or Combustible Liquids, LP-Gas, Hazardous Materials, Mlsc:
Compressed Medical Gases .................................................................................... $120.00 $50.00 $120.00
Generator Fuel Tanks... ............ ... ......... ......... ......... .................. ............ ......... ......... $120.00 $50.00 $120.00
Hazardous Materials (Cryogens, Etc)... ... ......... ...... ...... ... ...... ... ... ... ......... ......... ...... ..... $200.00 $132.00 $200.00
Install, Remove, Abandon - Residential Heating Oil Tank................................................ $50.00 ..................... $50.00
LP-Gas - No Dispensing (Cylinder Exchange. Heating, Pool Water Heating. Etc.) ... ............ $120.00 $50.00 $120.00
Open Burning...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ...... ...... .................. ......... ... .... ... ...... ......... ................ ... No Charge
Cryogens ......... ......... ... ...... ...... ............ ..................... ...... ......... ......... ......... .......... $200.00 $132.00 $200.00
Fire Hydrants and Water Control Valves...... ... ...... ......... ...... ... ... ...... ............ ......... ......... ......... ...... ....... ...... ........... No Charge
Dry Cleaning Plants... ...... ... ... ... ...... ... ...... ... ... ... ......... ...... ... ............... ...... ......... ...... $120.00 $30,00- $120.00
Places of Assembly:
Occupant Load 50 - 299 persons... ... ...... ... ...... ......... ... ... ...... ...... ...... ...... ......... ..........
Occupant Load 300 - 999 persons............ ............ ...... ... ............... ......... ......... ...........
Occupant Load 1.000 or more persons......... ... ...... ... ............ ... ............ ...... .................
Occupant Load 50-299 & Candles/Open Flame............................................................
Occupant Load 300 - 999 & Candles/Open Flame......... ...... ..........................................
Occupant Load 1000+ & Candles/Open Flame..................... ........................................
$120.00 $80.00 $120.00
$150.00 $100.00 $150.00
$180.00 $120.00 $180.00
$210.00 $140.00 $210.00
$240.00 $160.00 $240.00
$270.00 $180.00 $270.00
$1.000.00 $1.000.00 $1.000.00
Mall covered - Annual Fee .......................................................................................
5019
$50.00
$50.00
$132.00
$50.00
No Charge
$132.00
No Charge
$50.00
$80.00
$100.00
$120.00
$140.00
$160.00
$180.00
$1,000.00
CITY OF FEDERAL WAY
2009 FEE SCHEDULE
2008 2008 2009 2009
TYPE OF FEE Base Fee Base Fee
FIRE CODE-ANNUAL PERMITS - CONTINUED
Repair Garage Combinations:
Repair Garage & Flammable/Combustibl.e Liquids........................ ...... .............. ... .......
Repair Garage & Hot Work......... ..................... ............... ..... ..................... ............
Repair Garage & Flammable/Combustible Liquids & LPG............................................
Repair Garage & Flammable/Combustible Liquids & Hot Work... ...... ... ...... ... ... ... ... ........
Repair Garage & Spraying/Dipping & Hot Work............ .............................................
Repair Garage & Flammable/Combustible Liquids & LPG & Hot Work............................
Repair Garage & Flammable/Combustible Liquids & Spraying/Dipping & Hot Work... ...... ..
$210.00
$210.00
$300.00
$300.00
$300.00
$390.00
$390.00
$140.00
$140.00
$200.00
$200.00
$200.00
$260.00
$260.00
$210.00
$210.00
$300.00
$300.00
$300.00
$390.00
$390.00
All Other Fire Code Permits - See International Fire Code Section 105... ......... ............... $120.00 $80.00 $120.00
Note: Fire Deparlment Annua/ Permit Fee entitles applicant to an initial inspection and one follow-up inspection.
Hourly Rate for Additional Inspections Required to Secure Compliance (min. 1/2 hr)...... ... ... ... ... ... ...... ...... ........ $+Q,OO- ... ... ...... .......
$140.00
$140.00
$200.00
$200.00
$200.00
$260.00
$260.00
$80.00
$73.50
Fire Department Review and Inspection of Building Permits ........................................._.................................. 15% of Building ................... 15% of Building
Perm~ Fee, Permit Fee,
IIliA,..$7O min. $73.5
Fire Prevention System Pennits
Permit Fee (based on valuation)... ... ...... ... ...... ...... ... ................................ ......... ... ......... ...... ..P.er.lBC Section 108.2 Per IBC Section 108.2
Plan Review Fee... ......... ............ ... ............... ...... ......... ... ...... ... ... ......... .................. .... ...... ...... .... 65% of FPS ...... ............. 65% of FPS
Permit Fee Permit Fee
Note: City retains $20.00 of total fee for processing
SECTION SEVEN. FIREWORKS.
$100.00
Public Display Permit (together with $100.00 cash bond) ........._______________________________...................
$100.00 ...................
SECTION EIGHT LAND USE.
A. Boundary Line Adjustment.................... ...... ............... ...... ...... ...... ... ......... ......... ... ...... ...... ..........
Plus Fire Review@ 5%...... ...... ...... ...... ......... ...... ......... ... ......... ... ......... ...... ..... ...... ...... ....
Plus Public Works Review......... ............... ...... ...... ...... ...... ......... ............ ...... ..... ...... ..........
Binding Site Plan............ ......... .......... "'''' ............... .......... ............... ............ ......... ............ .......
Plus Fire Review@ 5%......... ......... ...... ... ...... ... ... ............ ......... ...... ...... ...... .....................
Plus Public Works Review... ...... ..................... ...... ...... ...... ...... ... ............ ...... .............. .......
Land Surface Modification... ... ... ... ... ... ... ... ...... ...... ... .................. ... ... ... ... ... ... ... ... .... ...... ... ... .......
Plus Per Acre...... ... ... ... ... ... ... ... ...... ......................... ...... .... ... ... ... ... ... ... ... ... ........ ... ... ... ....
Plus Public Works Review... ... ... ...... ......... ...... ............ ............ ... ...... ... ... ...... ........ ...... .......
Lot Line Elimination... ... ......... ...... ...... ...... ......... ............ ... ... ...... ...... ... ...... .......... ... ...... ...... ... ....
Plat, Preliminary... ......... ..................... ............ ...... ... ... ... ... .................................. ......................
Plus Per Acre...... ......... ............ ............... ................ .................. ....... ................. .............
Plus Fire Review@ 5%...... ... ............ ...... ......... ......... ............ ... ...... ... ......... ..... ... ...... ... ....
Plus Public Works Review............ ............ ...... ... ... ... ............... ... ...... ... ................. ......... ....
Plat, Final...... ......... .............................. ... ... ... ... ... ... ... ... ...................................... ........ .............
Plus Public Works Review...... ...... ............ ......... ..................... ......... ......... ........... ......... ....
Plat, Short.............................. ... .... ... ...... ...... ... ......... '"'''''''''' ... ...... ... ... ... ... ... ... .... ... ... ... ... ... ....
Plus Fire Review@ 5%............... ...... ...... ... ...... ...... ............ ......... ... .....,... ........ ...... ..........
Plus Public Works Review............ ...... ...... ......... ...... ...... ...... ......... .................... ................
Pre-Application Meeting............... ...... ... ... ... ... ............... ... ............ ... ... ... ... ... ... ... ... ..... ... ... ... ... ....
Process I - Applications (for radio tower & antenna structures for use by amateur radio operators
required by Federal Way City Code, Section 22-1047(3)).................................................... ...... ..........
Process 1- Director's Approval for interpretations...... ...... ...... ...... ...... ............ ......... ..... ...... ..........
Process 1- Other minor site review at hourly rate...... ...... ... ............... ......... ............ ...... ......... .......
Process 2 -Site Plan Review [Base Land Use Fee], Plus:................................................................
over 25,000 sq.fl.... ............ ......... ... ... ... ...... ......... ...... ......... ...... ... ......... ...... ... ...... ... .......
over 50,000 sq.fl.... ............ ......... ......... ...... ... ... ... ............ ............ ......... ...... ... ......... .......
over 100,000 sq.fl............. ......... ...... ............ ...... ................................. ...... .............. .......
Plus Fire Review at 5%...... ...... ... ......... ... ................................. ... ...... ...... ......... ...... ...... .......
Plus Public Works Review... ......... ......... ......... ... ...... ...... ...... ......... ............ ...... ...... ... .............
Process 3. Project Approval [Base Land Use Fee], Plus:................................................................
over 25,000 sq.fl.... ............ ...... ... ... ...... ... ...... .................. ...... ............... ...... ...... ...... .......
over 50,000 sq.fl.... ......... ............... ......... ...... ...... ...... ...... ...... ..................... ...... ...... .......
over 100,000 sq.fl.... ... ... ... ... .............................. ... ... ...... ... ............ ............ ........ ......... ....
Plus Fire Review at 5%... ...... ... ... ...... ...... ......... ......... ...... ......... ......... ......... ......... ................
Plus Public Works Review...... ...... ...... ............ ......... ... ... ............ ......... .............. ...................
Process 4 - Hearing Examiner's Decision, including variances [Base Land Use Fee], Plus:...................
Plus Fire Review at 5%............ ...... ...... ... ......... ............ ......... ...... ... ...... ... ......... ...... ...... ....
Plus Public Works Review......... ............... ......... ............ ......... ......... ....................... ..........
Process 4 - Residential Variance [Base Land Use Fee], Plus:..........................................................
Plus Fire Review at 5%...... ... ......... ... ...... ......... ............... ......... ... ......... ... ......... ...... ..........
Process 5 - Quasi-Judicial Rezones [Base Land Use Fee], Plus:
to RS Zone........................ ... ... ... ... ... ......... .................. ... ... ... ... ... ...................... ............. ... ....
Plus Per Acre... ........................ ... ...... ...... ... ... ... ...... ...... "'''' ... ... ... ... ... ...... ... ... ... .............
Maximum...... ... ... ... ... ... ..................... ....... ...... ... ... ... ...... ... .... .................. ... ....................
to RM Zone............ ......... ...... ... ...... ... ...... ......... ............... ...... ... ... ... ............ ....... ...... ...... .......
Plus Per Acre... ......... ............ ...... ... ...... ...... ... ...... ...... ......... .., ... '" ...... ... ...... ...... ...... .......
Maximum...... ... ... ... ......... ........................................ ...... ... .............................................
6019
$33+,00-............ .......
$42,00-... ... ...... .......
$4M,OO-... ................
$1,271.00...................
$&-1-.00-......... ...... ....
$3OMO-... ... ... ..........
$1,332.50 ...................
~...................
~...................
~...................
$3,772.50 ...................
$7MQ.....................
$48&SQ- ... ......... .......
$3,093.00 ....:..............
$1,593.50 ...................
$1,1&9.00 ... ................
$1,271.00 ...................
$&-1-.00-... .., ...... .......
$3OMO-...................
$434,&0-... ... ... ..........
~...................
N/A...................
$+Q,OO-...... .............
$1,027.50 ...................
$327,00- ............... ....
~...................
~...................
~...................
$869,00- ............... ....
$1,212.00 ...................
$327,00-... ... ... ... .......
~...................
$8-1-6,SO-... ................
~...................
$8i4.&O-.................. .
$2,187.50...................
$W9Ml-... ... .............
$1,180.00...................
$8-1-6,SO- ...... .............
$44,00- ...... .............
$73UO- ...... ......... ....
~...................
$17,979.50 ...................
$1,0&2.50 ...................
$1,307.50 ...................
$28,111.00 ...................
$878.00
$44.00
$476.00
$1,333.50
$64.00
$843.00
$1,398.00
$15.00
$641.50
$171.50
$3,957.50
$79.00
$197.50
$3,244.50
$1,671.50
$1,226.50
$1,333.50
$64.00
$843.00
$456.00
$171.50
N1A
$73.50
$1,078.00
$343.00
$600.00
$858.00
$54.00
$911.50
$1,271.50
$343.00
$600.00
$856.50
$63.50
$907.00
$2,294.50
$115.00
$1,238.00
$856.50
$43.00
$771.50
$428.50
$18,860.50
$1,114.50
$1,371.50
$29,834.50
CITY OF FEDERAL WAY
2009 FEE SCHEDULE
2008 2008 2009 2009
TYPE OF FEE Base Fee Base Fee
lAND USE. CONTINUED.
Process 5. Comprehensive Plan Amendments [Base land Use Fee]. Plus:.................. ...... ........... .
Plus Per Acre........................ ..................... ......... ......... ........................ .........................
Public Notice Fee (for Process 3 - 6 & SEPA decisions)...... ...... ...~.. ...... ... ... ... ... ... ... ... ...... ...... ... .......
SEPA City Center Planned Action... ......... ............ ................................................... ...........
Plus Fire Review Fee @ 5%.............................................................................................
Plus Public Works Review...... ........................... ... ...... ...... ... ... ......... ... ......... .............. .......
SEPA Environmental Checklist Only...... ...... ...... ... ...... ... ......... ...... ... ...... ............ ... ..... ................
Plus Fire Review Fee @ 5%.............................................................................................
Plus Public Works Review... ......... ... ...... ... ... ... ... ... ............... ......... ... ... ... ... ... .... ......... .......
SEPA Checklist as Part of Project... ... ...... ...... ... ...... ......... ...... ...... ............ ............ ...... ...... ... .......
Plus Fire Review Fee @ 5%.............................................................................................
Plus Public Works Review... ......... ......... ...... ...... ......... ...... ............ ......... .......... ...... ..........
SEPA Appeals... ..................... ...... ............ ............... ... ...... ... ...... ... ... ... ... ...... ... ... ... ......... ..........
Appeal of Administrative Decision.... ...... ... ... ......... ......... ......... ...... ............ ......... ...... ...... ....
Appeal of Hearing Examiner Decision................ ......... ............... ..................... ............ .......
Shoreline Permit, [Base land Use Fee], Plus:................................................................................
over $15.000 value... ... ... ... ... .................. ... ... ... ... ... ... ......... ...... ... ... ... ... ... ... ... ....................
over $50,000 value... ...... ... ... ... ... ... ......... ...... ... ... ... ......... ......... ... ... ... ... ... ... ... .... ... ... ..........
over $100.000 value...... ......... ... ...... ... ... ... ...... .............................. ...... ... ........... ... ... ... ... ....
over $500.000 value... ......... ............... .................. ... ... ... ... ... ... ... ... ....................................
over $1.000.000 value...... ......... ...... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......................
Plus Public Works Review... ......... ...... ...... ...... ... ...... ... ............ ... ...... ... ... ... ... ....... ................
Shoreline Conditional Use Permit... ... ... ... ... ... ... ... ... ... ... ... ... ......... ... ... ... ... ... ... ... ... ... .... ................
Plus Public Works Review... ......... ... ... ... ... ......... ......... ............ ... ......... ... ...... ... .... ...... ..........
Shoreline (Exempt Determination)... ......... ... ... ...... ... ................................. ............ ... .... ... ... ... ... ....
Shoreline Variance...... ... ... ... ............ ... ....... ... ...... ... ........................................... ... .... ... ... ... ... ....
Plus Public Works Review...... ......... ...... ... ... ...... ...... ... ... ......... ... ......... ... ...... ....... ...... ...... ....
MISCELLANEOUS:
Accessory Dwelling Units... ... ...... ... ... ... ... ... ... ... ... ... ... ... ............ ... ...... ... ... ... ... ... ..... ... ................
Automation fee (Applies to all Land use and Development permits)....................................................
Home Occupation:
Standard Permit...... ........................ ... ......... ... ......... ...... ... ..................... ......... ...... ... ... ... ....
In.Home Day Care Facilities:
12 or fewer attendees... ............ ... ...... ...... ...... ......... ............... ......... ......... ........... ...... ...... ....
Signs, First Sign... ...... ... ... ...... ... ... ...... ... ... ... ... ... ... ... ... ... ... ......... ......... ......... ......... ... ... ... ...... ....
Each Additional Sign / Same Application...... ...... ... ......... ...... ...... ... ...... ... ...... ............. ..........
Temporary Signs.................. ... ... ............................................................... ........... ... ... ....
Zoning Fees
New single family............ ... ... ... ... ...... ... ......... ... ............................................................ ... ....
Zoning inquiries... ............ ...... ... ... ... ... ... .... ... ... .................................... .................. ... ... ... ....
~...................
~...................
~...................
$-MQ,OO-...... ...... .......
$7.00...................
$-MQ,OO-... ......... .......
$989.W-... ......... .......
$49.50 ...................
~...................
~...................
$25.00 ...................
$24MQ-... ...... ... .......
W4Ml- ... ......... .......
~...................
~...................
$1.158.50 ... ...... ..........
~...................
$1.961.50 ...................
$J.5911.00 ...... .............
$7.192.50...................
$10.787.00 ......... ...... ....
~...................
U.161.00 ...................
$2.092.00...................
~...................
$2.199.00...................
$1.178.50 ...................
~...................
$5,&0-...... ... ...... ....
~...................
~...................
~...................
~...................
~...................
~...................
~...................
$856.50
$85.00
$144.00
$147.00
$7.00
$147.00
$1.038.00
$49.50
$504.50
$519.50
$25.00
$252.50
$120.00
$171.50
$171.50
$1.530.00
$686.50
$2.057.50
$3.772.00
$7.545.00
$11.315.50
$904.00
$3.633.50
$2.194.50
$85.00
$2.621.50
$1.236.00
$171.50
$6.00
$42.50
$42.50
$42.50
$17.00
$42.50
$54.50
$54.50
Note:
1. Appeal Fee shall be reimbursed in the event the reviewing authority determines that the appellant has substantially prevailed in the appeal action.
2. The fire district administrative review fee in an amount equal to 5% of the land use fee imposed is charged and collected by the City and paid to the fire di:
3. Additional fees will be required to pay for any time spent on Land Use Applications by the Department of Public Works above the number of hours covere
the base amount allocated to Public Works for each application.
B. REFUNDS OF LAND USE FEES.
The Filing Fees as set forth in the Fee Schedule for the City are established to defray the cost of posting and processing and the proceedings in connection
land use application. The Director of Community Development Services may authorize the refunding of not more than 80% of the total application fees paid
the applicant presents a written request to withdraw or cancel prior to routin of the application for staff review.
. .
Miscellaneous Permits (Land Use, Public Works & Building Permit Services):
Any public work. land use. building permits not covered by the fee schedule. if performed by employee. is based on actual hou~y cost. plus benefits of 30%. plus
overhead of 25%. Any private or public professional service contract needed will be billed 100%. plus 10% billing and administrative charges.
Maps, Plats, Miscellaneous... ...... ...... ...... ......... ...... ... ...... ......... ......... ............ ... ..........._.............. ...... ..... Cost + 10% ... ......... .......
Photocopies, Black and White Per Page... ...... ...... ... ...... ... ... ...... ......... ...... ......... .................... ...... ...;.. ..... $0.15 ............ .......
Photocopies, Color Per Page...... ... ...... ......... ...... ... ... ... ......... ......... ............ ......... .................. ...... ...... ..... $0.25
D Size Rolled Plan Copies, Per Sheet... ...... ... ... ......... ............ ......... ...... .., ............ .................. ............ ..... $5.00............ .......
E Size Rolled Plan Copies, Per Sheet...... ...... ... ... ... ... ......... ...... ......... ............... ...... __.____......... ........... $7.00... ......... .......
Audio Tape Duplication, Per Cassette... ...... ......... ...... ... ... ... ... ......... ............... ...... ...... ......... ... ...... ...... ..... $10.00 ............ .......
Video Tape Duplication, Per Tape ... ...... ...... ... ...... ......... ... ... ... ......... ............ ......... ..m........ ...... ......... ..... $25.00 ... ......... .......
Clerk's Certification......... ...... ... ............ .................. ............... ...... ... ... ......... ... .... ... ........................ ..... $5.00... ...... ... .......
Notary Public Attestation or Acknowledgment or as othelWise provided for in RCW 42.44.120..per.si'................... $5.00 ... ...... ... .......
Facsimile Usage (incoming/outgoing) 1st Page...... ...... ...... ......... ... ... ... ............ ......... .................... ......... ..... $3.00 ... ...... ..........
each additional page... ......... ...... ...... ...... ...... ............ ......... ...... ......... ......... ................. ...... ... ...... ..... $1.00 ... ...... ...... ....
7of9
Cost + 10%
$0.15
$0.25
$5.00
$7.00
$10.00
$25.00
$5.00
$5.00
$3.00
$1.00
CITY OF FEDERAL WAY
2009 FEE SCHEDULE
2008 2008 2009 2009
TYPE OF FEE Base Fee Base Fee
MISCELLANEOUS - CONTINUED
Actual Cost
Bound Printed Documents...... ................
GIS Map and Data Requests ':
81/2 by 11 - Paper - Color... ... ... ... ... ... ... ........... ... ... ... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ....... $4.00 ...... ... ... ... ....
81/2 by 11 - Paper- Black & White... ... ... ... ........ ... ... ... ... ... ... ... ... ... ... ...... ... ... ...... ... ... .... ... ... ... ....... $3.00 ... ...... ...... ....
81/2 by 11 - Mylar - Color... ... ... ... ... ... ... ... ... ......... ... ...... ... ... ... ... ... ...... ...... ...... ............. ......... ....... $5.00 ...... ......... ....
81/2 by 11 - Mylar- Black & White................................. ............................................................... $4.00 ...................
11 by 17 - Paper- Color... ... ...... ... ... ... ... ... ... ...... ...... ... ... ... ............ ............ ...... ......... ....... ... ... ....... $5.00 ... ... ... ...... ....
11 by 17 - Paper- Black & White... ...... ... ... ... ......... ...... ... ... ... ......... ... ... ... ...... ...... ...... .... ... ... ... ....... $4.00 ......... ...... ....
11 by 17 - Mylar - Color... ... ......... ...... ...... ... ... ......... ...... ... ... ......... ............ ...... ...... ... ..... ... ... ... ... .... $6.00 ......... ...... ....
11 by 17 - Mylar - Black & White... ...... ... ... ...... ...... ... ... ... ...... ... ... ...... ...... ...... ...... ........... ......... ... .... $5.00 ......... ..........
Up to 34 by 44 - Paper- Color...... ... ... ...... ...... ...... ... ... ... ...... ......... ...... ...... ...... ...... ... ..... ... ... ... ....... $10.00 ......... ...... ....
Up to 34 by 44 - Paper- Black & White...... ...... ......... ... ... ...... ... ... ... ... ... ... ...... ...... ... ..... ...... ... ... ... .... $7.00 ......... ...... ....
Up to 34 by 44 - Mylar - Color... ... ... ... ... ...... ... ...... ...... ......... ............ ... ... ... ...... ...... ... ............ .......... $37.00 ......... ...... ....
Up to 34 by 44 - Mylar - Black & White...... ... ...... ... ... ... ... ...... ... ... ...... ...... ...... ... ... ... ...... ...... ... ... ....... $31.00 ......... ... ... ....
3% Floppy Disk or CD ROM (per disk/CD)...................................................................................... $1.50 ...................
. Maps that require extensive processing time or require additional ink and plotting supplies will be charged at a higher rate.
Applicable sales tax will be added to the costs
Staff Time to Complete Request, Per Hour... ...... ... ...... .................. ...... ...... ............ ...... ...... ......... ....
Computer Usage, Per Hour...... ... ... ...... ......... ...... ............ ............ ...... ... ... ...... ... ........ ...... ......... ....
Note: Staff time and computer usage will only be charged on requests for custom products.
$35.00...................
$15.00...................
Actual Cost
$4.00
$3.00
$5.00
$4.00
$5.00
$4.00
$6.00
$5.00
$10.00
$7.00
$37.00
$31.00
$1.50
$35.00
$15.00
SECTION TEN. PAWNBROKER.
Pawnbroker License... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ............ ...... ... ... ... ...... ...... ... ...... ...... ...
Secondhand Dealer License... ... ... ... ... ... ... ... ... ... ... ... ... ... ....................._........_m...................... ... ... ... ... ....
Late Penalty:
A late pena~y shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration
date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license:
8 - 30 days past due ...... ...... ...... ... ......... ...... ... ... ... ......... ...... ...... ...... ...... ......... ......... ...... ... ...... ... 25% ....... ...... ... ...
31 - 60 days past due.................. ......... ......... ......... ... ...... ... ... ...... ...... ...... ...... ........... ...... ... ......... 50% .... ......... ......
61 and over days ~ast due....................................................................................... ................... 100% ...................
"'"1:(II.(.J~. ::I.::l'''::I~ .:11):1 .. .,.:t~(It=-.:t~II..1.jJ~[II:11:r:.:t.
Annual fee............... ... ... ... ... ... ... ... ... ... ......... ......... ... ... ........................................ ............ ...... ....
Annual fee after July 1 ...... ...... ...... ...... ......... ...... ......... ......... ... ...... ...... ...... ...... ........ ...... .............
Per Event or Limited Permit, per day... ...... ... ...... ...... ...... ............ ...... ...... ...... ...... ........ ...... ......... ....
Renewal late charge fee............ .............................. ...... ... ... ...... ...... ...... ...... ...... ... ... ...... .............
Processing fee for applications received less than 30 days from the event...... ...... ...... ............. ......... ....
Litter control security deposit - cash or bond...... ...... ...... ... ............ ...... ... ......... ...... ................. ... .......
Appeal fee... ... ... ........................ ........................ ......... ... ... ... ... ... ...... ... .... ... ... ... ... ...... ... ...... .......
$325.00 ...................
$50.00 ...................
$175.00 ...................
$100.00 ...................
$50.00 ...................
$75.00 ...................
$75.00 ...................
$1,000.00 ...................
$75.00 ...................
$325.00
$50.00
25%
50%
100%
$175.00
$100.00
$50.00
$75.00
$75.00
$1,000.00
$75.00
SECTION TWELVE. PUBLIC WORKS.
A. Building Moving and Oversize/Overweight vehicle Pennit.
1. Building moving through City...... ...... .................. ...... ... ... ... ......... ...... ...... ......... .......... .............
2. Building moving into or within City... ... ...... ......... ......... ... ......... ...... ...... ...... ...... ....... ...... .............
Pre-move inspection, the higher of actual cost or ...... ......... ... ... ... ...... ... ... ...... ......... ....... ...... .......
3. Oversize/overweight vehicle permit......... ............... ......... ... ...... ...... ...... ......... ........ ...... ......... ....
B. Street and/or Easement Vacation Application
1-300 lineal feet............... ... ...... ... ... ... ...... ...... ... ...... .................................... ......... .................. ....
every100 lineal feet thereafter, per 100 LF...... ... ...... ......... ... ... ............ ...... ...... ...... ... .......... .............
C. Right-of.Way Use Pennlt, Includes 1 inspection
1. Individual single family homeowner applications... ......... ............ ...... ...... ...... ......... ..... ...... ...... ... .... $4+9,iO-................... $188.50
2. All other applications............. ........................ ... ... ... ... ... ... .................. ...... ... ...... .... ... ... ... ... ... .... $249,OQ- ... ... ... ... ... .... $261.00
3. Supplement plan review fee for any and all permits, per hour....... ...... ...... ...... ...... ........ ...... ............. $e5,OO-...... ............. $68.00
4. Supplement construction inspection for any and all permits, per hour.... ...... ...... ......... .......... ......... .... $&&00-................... $61.00
5. Inspection outside of normal business hours ......... ........... ... ...... ...... ...... ...... ............ ...... ...... ... .... $7O,OQ. ............ ....... $73.50
6. Weekend, holiday, and emergency call out inspection ...... ... ............... ...... ............ ...... ...... ....... (1IlellF6 miRiRlIl91l............. (4 hours minimum)
7. Re-inspection... ... ... ... ........................... ............... ... ... ... ... ... ...... ......... ... ... ... ........ ... ... ... ... ... .... $7O,OQ. ... '" ............. $73.50
8. Job start penalty fee......... ...... ...... ...... ......... ...... ... ......... ... ...... ...... ...... ......... ...... ........ ...... ... .... $&&00- ...... ......... .... $61.00
D. Right-of.Way Code Variance Request, plus recording fee ..... ...... ...... ...... ...... ......... ... ...... ......... ....
E. Development Review Fee.
1. Single Family....... ...... ... ......... ...... ............... ......... ............ ...... ............ ......... ...... ...... ...... .......
2. Short Subdivisions Construction Plans (Up to 8 hours of review time)... ...... ...... ... ...... ......... ...... .......
a. Supplemental plan review/construction service fee, per hour ... ...... ............... ....... ...... .............
b. Construction Inspection Fee, per hour............ ... ...... ............ ...... ...... ...... .............. ... .............
3. Subdivisions and CommerciaVlndustrial Developments...... ......... ...... ...... ...... ... ...... ......... ...... .......
Construction Plans (up to 12 hours of review time)
a. Supplemental plan review/construction service fee, per hour ......... ...... ...... ... ....... ...... .............
b. Construction Inspection Fee, per hour............... ......... ......... ...... ...... ...... ......... ..... ......... .......
F. Concurrency
Trips generated:
- If less than 10 times (4 hours) ......... ......... ...... ...... ... ......... ......... ... ... ...... ...... ............ ... ...... ......
- If between 10 and 50 times (16 hours) ...... ... ... ... ...... ............................ ......... .................. ...... ...
-If between 50 and 500 times (32 hours) ...... .................. ... ......... ...... ...... ......... ........................ ...
- If greater than 500 times (48 hours) ............ ..... ......................... ............ ......... ...... ...... ...... ........
G. Miscellaneous Public Works Pennits and Services ISame fee Structure under Section
Nine/Miscellaneous Fees)
. Recording Fee per chapter 36.198.010 RCW and as amended and K.C. Code 1.12.120 and as amended
8019
$M-.OO-...... ...... .......
$M-.OO-... ... ...... .......
~...................
$M-.OO-...... ...... .......
$790,&0-... ... ...... .......
$M-.OO-... ... .............
$M-.OO- ......... ...... ....
$e5,OO- ......... ...... ....
~...................
$e5,OO- ......... ...... ....
$&&00- ......... ...... ....
~...................
$e5,OO- ......... ...... ....
$&&00-...................
$32+,00- ...... ... ... ... ....
$1,503.00 ... ...... ... ... ....
$3,201.00 ... ... ... ...... ....
$5,289.50 ...... ... ... .......
$85.00
$85.00
$202.00
$85.00
$829.00
$85.00
$85.00
$68.00
$546.50
$68.00
$61.00
$820.50
$68.00
$61.00
$343.00
$1,576.50
$3.358.00
$5,548.50
CITY OF FEDERAL WAY
2009 FEE SCHEDULE
2008 2008 2009 2009
TYPE OF FEE Base Fee Base Fee
SECTION THIRTEEN RIGHT.OF.WAY ACTIVITY.
Right of Way Activity Pennit Fee... .................
$4O.5G-... ...... ..........
$42.50
Pursuant to King County Fee Schedule
SECTION FOURTEEN. TAXICABS.
SECTION FIFTEEN. MASSAGE/PUBLIC BATHHOUSE BUSINESSES.
MASSAGE BUSINESSES:
1. Massage Business .......................................
3. Massage Manager............ ... ... ..................... .._.. ... .................. ...... ... ... ... ...... ... ....... ......... .......
4. Late PenaKy:
A late penaKy shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration
date (being December 31 of each year) of such license. The amount of penaKy is calculated as a percentage of the license:
8 - 30 days past due ............ .................. .................. ............ ...... ...... ... ... ......... .... ......... ...... 25% . ... ......... ......
31 - 60 days past due............ ............... ........................... ........................... ..... . ... ............... 50% . ... ... ... ... ......
61 and over days past due............ ............ ......... ......... ............ ............... ...... ...... ... ...... ......... 100% . ...... ... ... ......
Proration: The entire annual license fee 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 30. 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 31 of each respective year.
PUBLIC BATHHOUSE BUSINESSES:
1. Public Bathhouse Business (in add~ion to business license)........................ ...... ......... ... ...... ..........
2. Bathhouse Attendant............ ............ ............... ......... ......... ......... ......... ...... ......... ... ...... ..........
3. Bathhouse Manager...... ...... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ............ ..... ................
4. Late Penalty:
A late penaKy shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration
date (being December 31 of each year) of such license. The amount of penaKy is calculated as a percentage of the license:
8 - 30 days past due ... ...... ...... ............ ............... ...... ... ............ ...... ...... ............ .... ...... ... ...... 25% .... ...... .........
31 - 60 days past due... ...... ......... ...... ... ...... ...... ... ... ... ... ............ ...... ......... ... ..... .... ......... ...... 50% .... ......... ......
61 and over days past due... ... ...... .................. ......... ...... ...... ...... ......... ...... ........ .... ............... 100% . ... ...............
Proration: The entire annual license fee 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 30, 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 31 of each respective year.
$75.00...................
$75.00...................
$75.00
$75.00
25%
50%
100%
$75.00 ...................
$75.00 ...................
$75.00...................
$75.00
$75.00
$75.00
25%
50%
100%
SECTION SIXTEEN IMPACT MITIGATION.
School Impact Fee:
Single-Family Residences, per dwelling unit... ... ... ... ... ... ......... ............ ...... ......... ... ... ....... ...... ......
Plus City Administrative Fee@5%.......................................... ...... ......... ..... ....... ...... ......
Multi.Famlly Residences. per dwelling unit............... ......... ...... ...... ...... ......... ...... ..... ....... ...... ......
Plus City Administrative Fee @ 5%.............................................................. ...................
$3.883.1111 . ............ ......
$4-94,00- ...................
$1.617.11G .... ... ...... ... ...
~...................
$4,017.00
$201.00
$1,733.00
$86.50
SECTION SEVENTEEN. PUBLIC SAFETY.
Case Report. 1st 10 pages... ...... ......... ...... ... ............ ... ...... ...... ...... ...... ......... ........... ....... ............
Traffic Accident Report. 1st 10 pages............ ...... ...... ......... ...... ... ... ...... ...... ... ............. ................ ...
Reports exceeding ten (10) pages, per page... ...... ...... ......... ... ...... ... ...... ... ... ... ...... ........ ............... ...
Photograph Duplication (from film)... ......... ...... ... ...... ......... ......... ......... ......... ...... ........ . ......... ... ......
$10.00
$10.00
$0.15
$2 per photo!
$10 minimum
$10.00
$10.00
$0.15
$2 per photo!
$10 minimum
Videotapes, per tape............... ... ...... ...... ... ............ ......... ...... ... .................. ...... ......... ... ...... ...... .., $25.00 . ...... ...... ...... $25.00
Dig~al audio and image files, on CD, per disk...................................................... ......... ................... $10.00 ................... $10.00
Fingerprint Card... ... ...... ........................ ............ ...... ... ...... ............... ...... ...... ........... .... ...... ...... ... $101st1$3 ....... ............ $10 1st1$3 each
each add~ional add~ional
Photo ID Card... ... ...... ... ... ........................ ............... ... ... ... ... ... ............... ........................ ......... ...
Concealed Pistol License - New... ...... ... ...... ............... ............... ...... ...... ...... ... ......... ....... ...... .........
Concealed Pistol License - Renewal............... ...... ...... ... ... ... ... ...... ...... ...... ......... ............ ...... .........
Concealed Pistol License - DuplicatelReissuance... ...... ..................... ...... ...... ......... ...... .......... .........
Lamination... ... ...... ... ... ... ... ... ... ... ... ... ............... ...... ... ... ... ... ... ... ... ... ... ... ... ............... .... ...............
Concealed Pistol License Late Fee (if applicable)...... ...... ... ...... ...... ...... ...... ... ... ................. ...... .........
Traffic School (including Police and Court costs)... ...... ...... ... ...... ............ ...... ......... ........ .... ...... .........
90t9
$10.00 ................... $10.00
$60.00 ................... $60.00
$32.00 ................... $32.00
$10.00 ................... $10.00
$5.00 . ... .,. _'0 ... ... ... $5.00
$10.00 ................... $10.00
$115.00 ................... $115.00
COUNCIL MEETING DATE: December,a, 2008
ITEM 6.d.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY SPONSORSHIP POLICY
POLICY QUESTION: Should the resolution adopting the City Sponsorship Policy, and the policy itself, be approved?
COMMITTEE: FEDRAC* MEETING DATES:
August 26, 2008 - tabled
September 23, 2008 - action taken
CATEGORY:
D Consent
[gI City Co~ncil Business
D Ordinance
[gI Resolution
D
D
Public Hearing
Other
~'!~Y!-.~.':'.Q.~!_~.y..~_...M~.M.~.!?Q!:1.g~!z_!!~!!l:~~gl?~2~~~~...~~~~~!?~
DEPT: Human Resources
ATTACHMENTS:
1. Agenda Bill Packet to the Finance, Economic Development & Regional Affairs Committee:
a. Agenda Bill
b. Staff Report
c. Modified Draft City Sponsorship Request Form
d. Draft Policies and Procedures
2. Draft resolution adopting the Sponsorship Policy
3. Draft City Sponsorship Policy as amended by FEDRAC (Exhibit A to the resolution)
BACKGROUND:
At its meeting on September 23, 2008 the FEDRAC Committee recommended adoption of the draft City
Sponsorship Policy presented, but amended the policy by authorizing the City Manager to administer the policy
using his or her contingency funds with an amount not to exceed $30,000 (rather than $20,000 proposed in the
draft policy).
The City Attorney's office drafted a resolution to formally adopt the amended policy. Because the resolution has
not been considered by Committee, the item has been brought forward under City Council Business rather than
Consent.
OPTIONS CONSIDERED:
1. Approve the draft resolution adopting the City Sponsorship Policy, and the policy itself, as amended and
approved by the Finance, Economic Development and Regional Affairs Committee.
2. Amend the resolution and/or policy.
3. Deny approval of the resolution and policy.
STAFF RECOMMENDATION: Approve the draft resolution and City Sponsorship Policy attached as Exhibit A.
CITY MANAGER ApPROVAL:
n/a
Committee
(j)-
DIRECTOR ApPROVAL:
n/a
Committee
COMMITTEE RECOMMENDATION: At its meeting on September 23,2008 the FEDRAC committee moved to
approve the sponsorship policies and procedures (as amended) to authorize the City Manager to use the
contingency fund for city sponsorship not to exceed $30,000 per year.
*The draft resolution was created by the City Attorney's Office to formally adopt the policy; however,
the resolution itself has not been previously brought through Committee.
Please see September 23, 2008 FEDRAC agenda bill (attached) for signatures recommending approval.
Mike Park,
Committee Chair
Dini Duclos,
Committee Member
Eric Faison
Committee Member
PROPOSED COUNCIL MOTIONS (one or none of the following}:
· I move to approve both the draft resolution adopting the City Sponsorship Policy, and the policy itself,
as amended and approved by the Finance, Economic Development and Regional Mfairs Committee.
OR
· I move to amend the resolution and/or policy as follows:
· I move to deny approval of the resolution and policy.
.OR
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .
FEDERAL WAY, WASIllNGfON, ADOPfING A SPONSORSlHP
POLICY.
WHEREAS, Federal Way is built on a foundation of active community involvement,
volunteerism, and civic engagement; and
WHEREAS, there are many civic and service groups, organizations, and agencies who
contribute to the community by: Caring for the poor, the infirm, the youth, and the aging in the
community; Strengthening the community's youth and families; Preserving the community's values
and cultural heritage; Enhancing the community's economic wellbeing; and Promoting the
community's understanding of and participation in civic affairs; and
WHEREAS, the City wishes to foster these groups, organizations, and agencies and assist in
their fundraising efforts when the results provide a significant community benefit; and
WHEREAS, such assistance may be provided through mutually beneficial sponsorships, and
free or reduced-fee space including associated services/equipment; and
WHEREAS, the City Council deems it is advisable and necessary to provide a written policy
to allow a better, more regular, and open process to grant sponsorships.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
HEREBY RESOLVES AS FOLLOWS:
Section I. Sponsorship Policy. The City of Federal Way hereby adopts the Sponsorship
Policy as attached hereto, identified as Exhibit A and hereby incorporated in full by this reference.
RES #
, Page 1
Section 2. Adiustment. Unless otherwise specified, the City Manager is authorized to make
minor adjustments to the policy to improve its administration and applicability.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase oftms resolution.
Section 5. Corrections. The City Clerk and/or authors 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 6. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 7. Effective Date. The policy adopted by this resolution shall be effective January 1,
2009. An act consistent with the authority and prior to the effective date ofthe resolution is hereby
ratified and affirmed.
[signature page follows]
RES #
, Page 2
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL A. MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
RES #
, Page 3
CITY SPONSORSHIP POLICIES AND PROCEDURES
Draft September 24, 2008
Summary of Key Elements:
1) Both cash sponsorships, and free or reduced-fee space including associated
services/equipment (utilities, etc). (City donation of other in-kind services will be
evaluated separately).
2) Departments are made whole.
3) CM to pay sponsorship costs under a council established cap.
4) Council to make decision on exceptions.
5) Does not apply to "contract for service", grants, or other support provided by Human
Services, Arts, Lodging Tax or other designated funds.
Purpose and Background
The Federal Way community is built on the foundation of active community involvement,
volunteerism, and civic engagement. There are many civic and service groups, organizations,
and agencies who contribute to the community by:
· Caring for the poor, the infirm, the youth, and the aging in the community;
· Strengthening the community's youth and famil.ies;
· Preserving the community's values and cultural heritage;
· Enhancing the community's economic wellbeing; and
· Promoting the community's understanding of and participation in civic affairs.
The City wishes to foster these groups, organizations, and agencies and assist in their
fundraising efforts when the results provide a significant community benefit. Such assistance
may be provided through mutually beneficial sponsorships, and free or reduced-fee space
including associated services/equipment.
Funding Level
The City Council hereby authorizes the City Manager to use Contingency Fund for City
sponsorship not to exceed $30,000 per year. The City Manager is authorized to use this fund to
cover costs incurred for revenue losses to revenue generating facilities for free or reduced-fee
space and associated services/equipment, and/or to provide out-right financial sponsorship
when there are tangible returns to such financial sponsorship such as public acknowledgement.
· Cash sponsorship is limited to up to $2,500 per civic/service organization per year.
· Free or reduced-fee space rental is subject to a limit of $1,500 annually per organization. The
value of the space will be based on the applicable rate the civic/service organization would
have been required to pay. The organization may be required to pay basic janitorial staff
time and actual clean up costs.
This guideline/policy should govern sponsorship requiring City General Fund support only. It
does not include those designated, special purpose funds, including those amounts set aside in
the General Fund for designated purposes. Further, these sponsorships are not in lieu of special
contract for services grants made available under the City's Human Service, Arts Commission,
1
i:\sponsorship policies and procedure v8 clean.doc
and Lodging Tax Advisory Committee programs. Requests for sponsorship beyond the above
funding guidelines should be approved by the City Council.
Eligible Organizations:
An eligible organization is a service or civic organization that is located in or has an office in
Federal Way or its Potential Annexation Area (P AA), or an organization that includes
Federal Way as part of its service area.
Eligible Events:
An eligible event/activity is one where the City can participate in providing public
information about City services (vs. just logo display) or when the net proceeds from such
event/activity benefit the poor or infirm in Federal Way and its P AA.
Sponsorship Procedures:
1. The City will review sponsorship requests twice each year according to the following
schedule:
Sponsorship Review Schedule: Tan - Tune Tuly - Dec
Submit Request Form November 15 May 15
Notification to Requestor December 15 June 15
2. Requestors will complete the attached Sponsorship Request Form and return it to the
City Manager's office by the date indicated above for the applicable time period in
which the event will be held. The Request Form asks for the following information:
a. The name, date, location, anticipated attendance, purpose and description of the
event;
b. How this event will benefit Federal Way residents;
c. What specific sponsorship assistance is requested from the City;
d. A list of other requested funders and the requested and committed levels;
e. A description of how City's sponsorship will be recognized and if applicable, the
market value of such publicity.
3. The City Manager or designee will review request forms and determine sponsorship
based on the following criteria:
a. Funding availability
b. Community support for/participation at the event
c. Applicants' need for City funding
d. People served are those most in need in the community
e. If applicable, publicity/marketing value to the city
4. Funding will be allocated based on tHe City's experience of demands for each particular
time period.
5. For free and reduced-fee space requests, the City will transfer funds to the department
who incur the costs/revenue losses directly based on approved internal cost validation.
No payment will be made to the requestor.
2
i:\sponsorship policies and procedure v8 c1ean.doc
a;,tD\t.:tv 1. ZiX:lb
COUNCIL MEETING DA TE:SBJ3tBmbar '), )008 ITEM #:
.._____.____.._._.__...._.._______._....___...._..___________.__..___._...._.__.__...___...___.____._u__.._...__..__.____._.....__...___.__._____...__________.__.___~___.________.____________
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY SPONSORSHIP POLICY
POLICY QUESTIONS: I) Should Council approve the proposed policies and procedures for City sponsorship
including cash and free or reduced-fee space? 2) Should all or part of the Federal Way Community Center be
made available for free for public bodies, public officials, and/or the City's advisory commissions, and if so,
what, if any, parameters should apply? 3) Should additional funding be added to current sponsorship spending,
or should the sponsorship proposal be budget-neutral?
COMMITTEE: Finance/Economic Development/Regional Affairs
MEETING DATE~~~l~;1 ~
~ r abled at 8.26.08 Meeting
CATEGORY:
[gj Consent
o City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: MARy MCDOUGAL, ACTING ASST CITY MANAGER DEPT: City Manager's Office
----------..---.------..-----.-...---..-..-----------------.-..------~_v:T~.~--.----..-
. . NEW: Draft: City -' -. U-L.VVO Modified
Attachments. S h' RtF Draft: City Sponsorshi.p
ponsors lp eques orm . .
M C. C '1 C' S h' I" d. d S h' Policies & Procedures h' .
emo to Ity ounCI, Ity ponsors Ip Po ICles an Proce ures; ponsors Ip Request Form; :sponsors Ip List
Options Considered: .
1. Approve the sponsorship policies and procedures as fW'8'jfA~tvd.~ ~,
2. Revise the sponsorship policies and procedures as appropriate.
STAFF RECOMMENDATION: N/A
CITY CLERK ApPROVAL:
Council
DIRECTOR ApPROVAL: ~
Commilte~
COMMITTEE RECOMMENDATION: See Below
PROPOSED COUNCIL MOTION: "{ MOVE ApPROVAL OF THE ClTY SPONSORSHIP POLiCIES AND PROCEDURES
AS PRESENTED":
COMMITTEE RECOMMENDATION: ~ c.oIV\M\~ fV\OveA -tv ~ve -tVtL
m~'i> t?Oli(J~OLeJv.1eb t{b flMJN1JJt.-p J
1tlcx\u ~J tj,t. .-Iv ~ tMl1WW1W,1An~
. of C1'l11 t;~~ ~ ~ueen~,DWW-~
COMMITEEAPP. V. : -A-.d],,4-,,~
~i Duclos Eric Faison
Committee Member Committee Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
Q\l~~"\
.... CITY OF
~~ Federal Way
~onsorship Request Form
Please provide all information requested below and attach additional pages as needed.
Upon completion submit this form along with any additional information to:
City of Federal Way
A TTN: City Manager's Office
PO BOX 9718 - Federal Way, WA 98063-9718
Event/Program Information:
Event Name:
Date(s) of Event:
Location of Event:
Purpose of Event:
Description:
Anticipated
Attendance:
How will this event or program benefit the Federal Way residents?
What specific sponsorship assistance is requested from the City?
Please describe how the City's Sponsorship will be recognized?
What is the market value of such publicity?
Are there additional comments you would like to include?
Please list below or attach list of other requested funders and the
requested and committed levels of funding (either monetary or in kind
services).
Reauested Funder
Reauested Fundina
Committed Fundina
C d. t
C t t P
~
b
E t P
oor ma or or on ac erson or a ove ven or ro~ram:
Name:
Address:
Phone Number:
Email Address:
CITY SPONSORSHIP POLICIES AND PROCEDURES
Draft September 16, 2008
~ - - - - - - - - - - - - - ~ - - - - - - - - -- - - - - - - - - - - - - - - - - --
,
.....1 Deleted: Augustt5
Summary of Key Elements:
1) Both cash sponsorships, and free or reduced-fee space including associated
services/equipment (utilities, etc). (City donation of other in-kind services will be
evaluated separately).
2) Departments are made whole.
3) CM to pay sponsorship costs under a council established cap.
4) Council to make decision on exceptions.
5) Does not apply to "contract for service", grants, or other support provided by Human
Services, Arts, Lodging Tax or other designated funds.
Purpose and Background
The Federal Way community is built on the foundation of active community involvement,
volunteerism, and civic engagement. There are many civic and service groups, organizations,
and agencies who contribute to the community by:
Caring for the poor, the infirm, the youth, and the aging in the community;
Strengthening the community's youth and families;
Preserving the community's values and cultural heritage;
Enhancing the community's economic wellbeing; and
Promoting the community's understanding of and participation in civic affairs.
.
.
.
.
The City wishes to foster these groups, organizations, and agencies and assist in their
fundraising efforts when the results provide a significant community benefit. Such assistance
may be provided through mutually beneficial sponsorships, and free or reduced-fee space
including associated services/equipment.
Funding Level
The City Council hereby authorizes the City Manager to use Contingency Fund for City
sponsorship not to exceed $lJWl?9.~~.y:~~r:u~~S=~tr.~_~!,ag~~.~1?_~_ll.~?~~!~~~_!?_ll.:S.~_~~1?_~!'~.!()u/"{ Deleted: 3
cover costs incurred for revenue losses to revenue generating facilities for free or' reduced-fee
space and associated services/equipment, and/or to provide out-right financial sponsorship
when there are tangible returns to such financial sponsorship such as public acknowledgement.
· Cash sponsorship is limited to up to $2,500 per civic/service organization per year.
· Free or reduced-fee space rental is subject to a limit of $1,500 annually per organization. The
value of the space will be based on the applicable rate the civic/service organization would
have been required to pay. The organization may be required to pay basic janitorial staff
time and actual clean up costs.
J
This guideline/policy should govern sponsorship requiring City General Fund support only. It
does not include those designated, special purpose funds, including those amounts set aside in
the General Fund for designated purposes. Further, these sponsorships are not in lieu of special
contract for services grants made available under the City's Human Service, Arts Commission,
,j Deleted: \\ctwfile\users\hr\marymlspon
./: sorship policies and procedure v6 wo
l markup.doc
I
\\cfwfile\users\hr\marvm\sponsorship policies and procedure v7 with markup.d.ill;,.....mum.m. U.....um..
and Lodging Tax Advisory Committee programs. Requests for sponsorship beyond the above
funding guidelines should be approved by the City CounciL
Eligible Organizations:
An eligible organization is a service or civic organization that is located in or has an office in
Federal Way or its Potential Annexation Area (PAA), or an organization that includes
Federal Way as part of its service area.
Eligible Events:
An eligible event/activity is one where the City can participate in providing public
information about City services (vs. just logo display) or when the net proceeds from such
event/activity benefit the poor or infirm in Federal Way and its P AA.
Sponsorship Procedures:
1. The City will review sponsorship requests twice each year according to the following
schedule:
Sponsorship Review Schedule: Tan - Tune Tuly - Dec
Submit Request Form November 15 May 15
Notification to Requestor December 15 June 15
2. Requestors will complete the attached Sponsorship Request Form and return it to the
City Manager's office by the date indicated above for the applicable time period in
which the event will be held. The Request Form asks for the following information:
a. The name, date, location, anticipated attendance, purpose and description of the
event;
b. How this event will benefit Federal Way residents;
c. What specific sponsorship assistance is requested from the City;
d. A list of other requested funders and the requested and committed levels;
e. A description' of how City's sponsorship will be recognized and if applicable, the
market value of such publicity.
3. The City Manager or designee will review request forms and determine sponsorship
based on the following criteria:
a. Funding availability
b. Community support for/participation at the event
c. Applicants' need for City funding
d. People served are those most in need in the community
e. If applicable, publicity/marketing value to the city
4. Funding will be allocated based on the City's experience of demands for each particular
time period.
5. For free and reduced-fee space requests, the City will transfer funds to the department
who incur the costs/revenue losses directly based on approved internal cost validation.
No payment will be made to the requestor.
2
\\cfwfjle\users\hr\marvm\sponsorship policies and procedure v7 with markup.doG.mm___mnm.mmnmmmnm./
, Deleted: \\cfwfile\users\hr\marymlspon
:' sorship policies and procedure v6 wo
. I markup. doc
City of Federal Way
MEMORANDUM
Date:
August 15, 2008
To:
Finance/Economic Development/Regional Affairs Committee
Via:
Neal Beets, City Manager . .n......~
Mary McDougal, Acting Assistant City Manager.~~- v
City Sponsorship Policies and Procedures
From:
Subject:
Attached are draft policies and procedures related to City sponsorship of programs and
events, including cash sponsorship and free and reduced-fee space for such programs and
events. Also provided are a draft sponsorship request form, and listing of recent/current
costs associated with city sponsorship.
Policy Issues
The policy issues for Council consideration are:
I) Should the Council approve the proposed policies and procedures for City sponsorship
including cash and free or reduced-fee space?
2) Should all or part of the Federal Way Community Center be made available for free
for public bodies, public officials, and/or the City's advisory commissions, and if so,
what, if any, parameters should apply? The proposed policy addresses social and civic
organizations, but not other public bodies or public official use of City space.
3) Should additional funding be added to current sponsorship spending, or should the
sponsorship proposal be budget-neutral?
Background
The State Auditor and Attorney General offices were consulted during development of
the sponsorship policies and procedures and provided the following comments/concerns:
Advertisement/Publicity - The value of a trade table/booth where a city can distribute
information about city services is recognized, but the need for a city to advertise its name
within the local community and need for logo recognition is not.
Gift of Public Funds - The proceeds from such events/auctions must go to servicing the
poor or infirm or otherwise provide services that are consistent with the general city
mission and function. Support should not be for general operation of a non-profit even if
their sole purpose is to serve the poor or infirm - the city contribution must be for direct
servIce.
There are no policies and procedures for City sponsQrship currently in place, and no
current designated funding source. City departments, including the City Manager's
office, may elect to provide cash sponsorships to programs and/or events, and the funding
comes from the department budget. Similarly, where departments either elect or are
directed to provide free or reduced-fee space or in-kind services, such costs have been
absorbed within department budgets.
Proposed Policy and Procedures
The proposed policy contains the following key elements:
I) Both cash sponsorship and free or reduced-fee space, including associated
services/equipment (utilities, etc.) are covered. City donation of other in-kind
services will be evaluated separately.
2) Departments are made whole.
3) The City Manager pays sponsorship costs under an established cap.
4) Council makes decisions on exceptions.
5) The policy does not apply to "contract for service", grants, or other support
provided by Human Services, Arts, Lodging Tax or other designated funds.
Funding would be limited to cash sponsorship up to $2500 per civic/service organization
and up to $1500 of free or reduced-fee space per year with a total annual cap of $20,000
for all sponsorships. The proposed funding source is the City Manager's Contingency
Fund, which requires replenishment annually. Service or civic organizations located in
Federal Way or having an office in Federal Way or its Potential Annexation Area (PAA)
and organizations that includes Federal Way as part of its service area would be eligible
for sponsorship funding. An eligible program or event is one where the City can
participate in providing public information about City services or when the net proceeds
from such events or activity benefits the poor or infirm in Federal Way and its PAA.
A twice-yearly review of requests for in November for the following January through
June, and in May for the following July through December, is proposed. Organizations
would be required to complete and submit a sponsorship request form within the
established time lines to be considered. Requests would be approved based on funding
availability, community support for/participation at the event, need for City funding,
benefit to those most in need in the community, and if applicable, the publicity/marketing
value to the City. Requests for sponsorship beyond the funding guidelines and cap would
require approval by the City Council.
CITY SPONSORSHIP POLICIES AND PROCEDURES
Draft August 15, 2008
Summary of Key Elements:
1) Both cash sponsorships, and free or reduced-fee space including associated
services/equipment (utilities, etc). (City donation of other in-kind services will be
evaluated separately).
2) Departments are made whole.
3) CM to pay sponsorship costs under a council established cap.
4) Council to make decision on exceptions.
5) Does not apply to "contract for service", grants, or other support provided by Human
Services, Arts, Lodging Tax or other designated funds.
Purpose and Background
The Federal Way community is built on the foundation of active community involvement,
volunteerism, and civic engagement. There are many civic and service groups, organizations,
and agencies who contribute to the community by:
· Caring for the poor, the infirm, the youth, and the aging in the community;
· Strengthening the community's youth and families;
· Preserving the community's values and cultural heritage;
· Enhancing the community's economic wellbeing; and
· Promoting the community's understanding of and participation in civic affairs.
The City wishes to foster these groups, organizations, and agencies and assist in their
fund raising efforts when the results provide a significant community benefit. Such assistance
may be provided through mutually beneficial sponsorships, and free or reduced-fee space
including associated services/equipment.
Funding Level
The City Council hereby authorizes the City Manager to use Contingency Fund for City
sponsorship not to exceed $30,000 per year. The City Manager is authorized to use this fund to
cover costs incurred for revenue losses to revenue generating facilities for free or reduced-fee
space and associated services/equipment, and/or to provide out-right financial sponsorship
when there are tangible returns to such financial sponsorship such as public acknowledgement.
· Cash sponsorship is limited to up to $2,500 per civic/service organization per year.
· Free or reduced-fee space rental is subject to a limit of $1,500 annually per organization. The
value of the space will be based on the applicable rate the civic/service organization would
have been required to pay. The organization may be required to pay basic janitorial staff
time and actual clean up costs.
This guideline/policy should govern sponsorship requiring City General Fund support only. It
does not include those designated, special purpose funds, including those amounts set aside in
the General Fund for designated purposes. Further, these sponsorships are not in lieu of special
contract for services grants made available under the City's Human Service, Arts Commission,
\\cfwfile\users\hr\rnarym\sponsorship policies and procedure v6 wo markup. doc
and Lodging Tax Advisory Committee programs. Requests for sponsorship beyond the above
funding guidelines should be approved by the City Council.
Eligible Organizations:
An eligible organization is a service or civic organization that is located in or has an office in
Federal Way or its Potential Annexation Area (P AA), or an organization that includes
Federal Way as part of its service area.
Eligible Events:
An eligible event/activity is one where the City can participate in providing public
information about City services (vs. just logo display) or when the net proceeds from such
event/activity benefit the poor or infirm in Federal Way and its P AA.
Sponsorship Procedures:
1. The City will review sponsorship requests twice each year according to the following
schedule:
Sponsorship Review Schedule: Tan - Tune Tuly - Dec
Submit Request Form November 15 May 15
Notification to Requestor December 15 June 15
2. Requestors will complete the attached Sponsorship Request Form and return it to the
City Manager's office by the date indicated above for the applicable time period in
which the event will be held. The Request Form asks for the following information:
a. The name, date, location, anticipated attendance, purpose and description of the
event;
b. How this event will benefit Federal Way residents;
c. What specific sponsorship assistance is requested from the City;
d. A list of other requested funders and the requested and committed levels;
e. A description of how City's sponsorship will be recognized and if applicable, the
market value of such publicity.
3. The City Manager or designee will review request forms and determine sponsorship
based on the following criteria:
a. Funding availability
b. Community support for/participation at the event
c. Applicants' need for City funding
d. People served are those most in need in the community
e. If applicable, publicity/marketing value to the city
4. Funding will be allocated based on the City's experience of demands for each particular
time period.
5. For free and reduced-fee space requests, the City will transfer funds to the department
who incur the costs/revenue losses directly based on approved internal cost validation.
No payment will be made to the requestor.
\\cfwfile\users\hr\marym\sponsorship policies and procedure v6 wo markup. doc
Sponsorship Cash and Free or Reduced-Fee Space
Department Proaram Receivinq Contribution ~
CM Office Chamber Gala $1 ,250
Boys/Girls Club Breakfast $1,000
Multi-Service Center Crab Feed $1,000
Literacy Celebration $2,500
Chamber Econ. Forecast Bkfst $1,000
West Hylebos Grand Opening $2,040
Police Department Triathlon Assistance $300
Chamber Econ. Forecast Bkfst $500
Red Cross Heroes Breakfast $1,500
Boys/Girls Club Breakfast $500
Human Resources Advancing Leadership $2,500
FWCC Health Fair (local non-profit rate of $910 waived) $910
King County Ombudsman (4 X $300 fee waived) $1,200
Cancer 3 day Walk Mtg (local non-profit fee waived - FWCC had team) $210
YMCA $315
PRCS Lions Club Egg Hunt - No fees 4 use of entire park $150
American Cancer Relay 4 Life - Reduced fee, field lights, supplies $850
Kiwanis Salmon Bake - No fees 4 park, concessions, supplies, power $1,150
(Does not include 2 employees all day)
Festival Days - No fees 4 use of entire park $150
Total $19,025
In-Kind Contributions
Department Proaram Receivinq Contribution ~
Police Department Northlake Parade $242 In-kind
RW&B Festival and Steel Lake Park $7,502 In-kind
Han Woo Ri $1,543 In-kind
Subaru Triathlon $6,050 In-kind
Festival Days $6,005 In-kind
NCAA Swim/Dive Championships $3,812 In-kind
Weyerhaeuser Meeting $5,082 In-kind
Streets Family Fest Tail Banners Install $2,500 In-Kind
PRCS Subaru Triathlon - No fees 4 park 2 days, electrical, trash $2,600
Total $35,336
COUNCIL MEETING DATE: December 6, 2008
-
ITEM 6.6
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:
eX Cumient
~ City Council Business
Ordinance
D Resolution
D
D
Public Hearing
Other
~!!.~ ~RQ~_,! BY:.._X~.~~~_~2~~_~TI.:X..~!!'Q~~X_._.______..___..._._.____._____!?~!_~.:_~aw .____..__._._______.
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: I. 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: -@- DIRECTOR APPROVAL: r~mittee &Cil
COMMITTEERECOMMENDATION:IW, e.orN(\H~. t)1WJVuJ. 11> ~~I^~ {~lt~) Wi~lJ.
~ rWiY\~1i~ 17> ~ metnw z, WJ8 c;~ UML\\ ~~V1Li6 ~<t'.v-'"
~.,Ao(~ .
Committee Member
PROPOSED COUNCIL MOTION: H] move approval of Option
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
CITY OF ." ~
Federal Way
CITY ATTORNEY'S OFFICE
MEMORANDUM
DATE:
TO:
FROM:
NOVEMBER 25, 2008
FINANCE, ECONOMIC DEVELOPMENT AND REGIONAL AFFAIRS COMMITIEE
PATRICIA A. RICHARDSON, CITY ATTORNEY fAIL
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 carner and authorized the City Manager to settle
claims up to the deductible, which was $25,000. With the new insurance carner, 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 $25,000;_.tQr.hQilc::r and machinery and crime/fidelity is
$lQ,OOO~y/__-"'-""-""""~'-""'" ..... ......~ 0/"/"'----- ........./--.---...-...-..... ....-V----.....
~ouncil could approve the proposed resolution ~erebY authorizing the Ci~ Manager, or designee, to settle
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. Lasdy, Council could reject the proposed
I resolution and require that all claims be submitted to the City Council for final action before WCIA takes
{ action.
"'--_....z. ...,,- '-'_' _. _ ..... ..........~-_..._......./.
Giveothe various levels of applicable deductibles and the fact that the deductibles will likely change in the
future in an effort to obtain the lowest premium, Staff is recommending that Council authorize the City
Manager, or designee, to setde claims up to the deductible which does not identify a specific dollar amount.
~.,
"
K: \agendaitem \FEDRAC\staff rpt em settle claims
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
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
ATTEST:
CITY CLERK, CAROL MCNEILL Y, 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 #
, Page 3
COUNCIL MEETING DATE: December 2, 2008
...................................................--.. ...................................-.... ...............-................. .............................................................................................................................
ITEM #: 6.f
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CANCELLATION OF DECEMBER 16,2008 CITY COUNCIL REGULAR MEETING
POLICY QUESTION: Should the City Council cancel the second regular meeting in December?
COMMITTEE: N/ A
MEETING DATE: N/A
CATEGORY:
D Consent
[;gI City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By:
DEPT:
Background:
For the past several years, Council has cancelled its second meeting in December to allow for holiday vacation
for Councilmembers and staff.
Options Considered:
1. Cancel the December 16, 2008 Regular Meeting
2. Conduct the December 16, 2008 Regular Meeting
STAFF RECOMMENDATION: N/A
CITY MANAGER ApPROVAL:
N/A
DIRECTOR ApPROVAL:
N/A
Committee
N/A
Council
Committee
COMMITTEE RECOMMENDATION:
N/A
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "I move to suspend the Council Rules of Procedure for the purpose of
canceling the December 16, 2008 Regular Meeting.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~~~~.!!'..~~~!~~~~!~~..~~~en:!~!~~.'..~~~~....__._.____.___.._.__.______........____._._.._.!!~.~.!~__ ~. __.
CITY OF FEDERAL WAY
CITY COUNCIL'
AGENDA BILL
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL WAY POLICE GUILD EXTENDING THE
, COLLECTIVE BARGAINING AGREEMENT UNTIL DECEMBER 31, 2009
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED MEMORANDUM OF
UNDERSTANDING WITH THE FEDERAL WAY POLICE GUILD EXTENDING THE COLLECTIVE BARGAINING
AGREEMENT UNTIL DECEMBER 31, 2009, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS?
COMMITTEE: N/A
MEETING DATE:
CATEGORY:
D Consent
X City Council Business
Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF.:gEYOR!.!!Y: ~~_'I~~.~_RlCHARDSO~!.fXrY A TIO~~r__._...~~!.!..:_.~A ~.__._..___._.___.___
The City and the Guild began negotiations in October. Given the tenor of the recent economic environment the Guild
suggested extending the collective bargaining agreement until December 31, 2009, with some minor adjustments. The
parties negotiated the following terms as set forth in the attachment: (1) the officers receive a cost-of-living adjustment of
4.5% effective January 16,2009; (2) the officers receive a market adjustment of 1.7% effective January 16,2009; and (3)
membership to the Federal Way Community Center provided the officer passes a physical fitness or attends the Center at
least 24 times per quarter.
The Guild has ratified the proposed Memorandum of Understanding, and the City's bargaining team recommends that
Council approve it and authorize the City Manager to execute the necessary documents.
Attachments: Proposed Memorandum of Understanding between the Federal Way Police Guild and the City of
Federal
STAFF RECOMMENDATION: Approve the proposed MOU and authorize the City Manager to execute the
documents.
Committee
DIRECTOR APPROVAL:
Committee
~
Council
CITY MANAGER APPROVAL:
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "] move approval of the Memorandum of Understanding between the Police
Guild and the City and authorize the City Manager to execute the necessary documents "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CONTRACT EXTENSION AGREEMENT
WHEREAS, the City of Federal Way ("City") and the Federal Way Police Guild
("Guild") have been and are signatory to a January 1,2007 through December 31, 2008
collective bargaining agreement setting forth the wages, hours, and other terms and
conditions of employment for members of the bargaining unit represented by the Guild;
and
WHEREAS, the City and the Guild have agreed to extend the January I, 2007
through December 31, 2008 collective bargaining agreement for an additional year with
three amendments that are set out in this Agreement; it is therefore
AGREED BY AND BETWEEN THE PARTIES HERETO, in consideration of
the mutual promises contained herein and in other good and valuable consideration, that:
1. The January 1, 2007 through December 31, 2008 collective bargaining
agreement is attached hereto and incorporated by reference as if fully rewritten herein.
2. All of the terms and conditions of the January I, 2007 through December
31, 2008 collective bargaining agreement shall be continued in full force and effect
except as specifically amended below.
3. The January I, 2007 through December 31, 2008 collective bargaining
agreement shall be amended to add a new Article 10, Section II that provides:
Section 11. Community Center. Effective January 1, 2009,
employees who do not qualify for a one year Federal Way Community
Center membership in accordance with Article 5, Section 7 of the
collective bargaining agreement are eligible to receive free employee
membership at the Federal Way Community Center as provided below.
a. Employees must enroll during the designated open enrollment
period for membership effective January I. Employees who enroll are
given a 3-month pass.
i. The employee is required to use the facility at least 24
times during the 3-month period. At the end of the quarter, employees
who met the use requirement are issued a 3-month pass for the following
quarter. This continues until the end of the year, when a new enrollment is
required. Employees who fail to fulfill the use requirement during any
quarter would not be issued additional 3-month passes for the remainder
of the calendar year, but would be allowed to enroll again for the
following year.
b. Employees purchasing family passes after qualifying for a
membership in accordance with either Article 5, Section 7 or Article 10,
,
Page I of2
Contract Extension Agreement
Section II of the collective bargaining agreement will pay the difference
between the single and family rate for any quarter in which they have an
employee membership. .
4. Article 20 of the January I, 2007 through December 31, 2008 collective
bargaining agreement shall be amended as follows:
This agreement shall be effective until December 31, 2009. Except as
otherwise provided by the express terms of this Agreement, all terms and
conditions of this agreement shall become effective on the date of signing.
5. Appendix A of the January 1,2007 through December 31, 2008 collective
bargaining agreement shall be amended to add the following language:
Effective 1/16/2009 The pay steps shall be increased by 100% of the CPI-
W (Seattle- Tacoma-Bremerton) August 2006 to August 2007 (with a
minimum of 2.5% and a maximum of 4.5%), plus an additional 1.7%
market adjustment.
. 6. Any dispute or difference concerning the interpretation or application of
the provisions of this Agreement shall be resolved through the grievance-arbitration
procedure set forth in Article 14 of the January I, 2007 through December 31, 2008
collective bargaining agreement.
IN WITNESS WHEREOF, we have set our hands this _ day of November, 2008.
CITY OF FEDERAL WAY
FEDERAL WAY POLICE GUILD
City Manager, Neal Beets
John Clary, Guild president
Approved as to form:
City Attorney, Patricia A. Richardson
K:\union\guild\2008\contract extension for 1 yr
Page 2 of2
Contract Extension Agreement
MEMO:
Regarding FWCC Amendments
Agenda Items 7.a through 7.k.
DATE: November 4th, 2008
TO: Council Members; Planning Commission Members
FROM: Aaron Walls, Deputy City Attorney t-
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 LUTC 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 finalized. 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 Plannin!!: Commission).
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
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 definitions
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 Develovment. and Ree:ional 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 regulatory 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, penalties, 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).
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 Employees
Chapter 2.05 - Government in General
Chapter 2.10 - City Council and Mavor
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 Generally
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 /I
Chapter 1 Art 11/
Chapter 2 Art V
Chapter 2 Art VI
Chapter 2 Art VII
Chapter 19 Art /II
Chapter 2 Administration
Chapter 2 Art II, IV, X
Chapter 2 Article IV Division 1; Chapter 2 Art I
Chapter 2 Art /I
Chapter 1 Art X
Chapter 22 Art /I Div 3
Chapter 2 Art IV 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 11/
Chapter 2 Art 11/ Div 1
Chapter 2 Art 11/ Div 2
Chapter 2 Art /1/ Div 3
Chapter 2 Art 11/ Div 4
Chapter 2 Art 11/ Div 5
Chapter 2 Art 11/ Div 6
Chapter 2 Art 11/ Div 7
Chapter 2 Art III Div 8
Chapter 11 Art /I
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 II Div 4
Chapter 14 Art II Div 7
Chapter 14 Art 11/ Div 2; Chapter 14 Art 11/ Div 3
Chapter 14 Art IV Div 2
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 Right-of-Wav
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 - Drug. 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 - Dishonestv
Chapter 6.45 - Public Morals
Chapter 6.50 - Public Officers
Chapter 6.55 - Public Peace
Chapter 6.60 - Fire
Chapter 6.65 - Gambling
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
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 Generallv
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 II 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 VII
Chapter 4 Art IV
Chapter 4 Art VI
Chapter 4 Art VIII
Chapter 4 Art III
Chapter 9 Art IV Div 1,2, 3
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 Companies
Chapter 11.30 - Solid Waste Rates. Charges, and Billing
Procedures
Surface Water Utility
Chapter 11.35 - Surface Water Utilitv in General
Chapter 11.40 - Surface Water Policy
Chapter 11.45 - Surface Water Rates and Charges
Chapter 11.50 - Surface Water Billing 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
Ch::lptor 12.35 M3SS::lg0 BusinocSOB
Chapter 12.40 - Bathhouses
Chapter 12.45 - Taxicabs
Chapter 12.50 - Alarms
Chapter 12.55 - Fireworks
Title 13 BuildinQs
BuildinQs and BuildinQ ReQulations
Chapter 13.05 - Buildings in General
Chapter 13.10 - BuildinQ ReQulations 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 and Protection
Ch3pter 13.55 Fire Prevention in Gener31
Ch3pter 13.60 Fire Prevention Administration
Chapter 13.65 Fire Code
Ch3pter 13.70 Fire Alarms and Sprinkler Systems
Chapter 13.75 Smoke Detectors
Chapter 12, 16
Chapter 16 Art /I Div 2
Chapter 9 Art I XI
Chapter 12
Chapter 12 Art I
Chapter 12 Art /I
Chapter 12 Art III
Chapter 12 Art IV
Chapter 16 Art III
Chapter 16 Art 11/ Div 1
Chapter 16 Art 11/ Div 2
Chapter 16 Art 11/ Div 3
Chapter 16 Art 11/ Div 4
Chapter 9
Chapter 9 Art /I
FWCC 14-138
Chapter 9 Art 11/ 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 VII/ Div 1, 2
Chaptar 9 Art !X 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 11/
Chapter 5 Art IV
Chapter 5 Art V
Chapter 5 Art VI
Chapter 5 Art VII
Chapter 5 Art VII/
Chapter 5 Art IX
Chapter 5 Art X
Chapter 5 Art XI
Chapter 8
Choptor 8 Art I, Chapter 811rt !! Div 1
Chopter 8 IIrt JJ Div 2
Chapter 8 /'.rt J! Div 3
Choptar 8 Art JJ Div 4
Choptar 8 /',rt !I!
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 Management
Chapter 16.05 - Surface Water ManaQement 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 Quality
Chapter 16.45 - General Water Qualitv and Enforcement
Erosion 3nd sediment3tion regul3tion.
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.
Discharges 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 II Div 1
Chapter 18 Art II Div 2
Chapter 18 Art II Div 3
Chapter 18 Art 11 Div 4
Chapter 18 Art 11 Div 5
Chapter 18 Art 11 Div 6
Chapter 18 Art 11/ Div 1, 2
Chapter 18 Art 11/ Div 1, 2
Chapter 21
Chapter 21 Art I, Chapter 21 Art 11 Div 1
Chapter 21 Art II Div 5, Chapter 21 Art 11/ Div 1, 3
Chapter 21 Art 11 Div 2
Chapter 21 Art 11 Div 3
Chapter 21 Art II Div 4
Chapter 21 Art 11 Div 6
Chapter 21 Art 11/ Div 2
Chapter 21 Art IV
Chapter 21 Art IV Div 1, 4; Chapter 22 Art XII/ Div 12 partial
FWCC 22948
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 11 Div 1
Chapter 20 Art 11 Div 2
Chapter 20 Art 11 Div 2
Chapter 20 Art 11 Div 3
Chapter 20 Art 11 Div 5, 6, 7
Chapter 20 Art 11 Div 8
Chapter 20 Art 11 Div 9
Chapter 20 Art 11 Div 10
Chapter 20 Art 11 Div 11
Chapter 20 Art 11 Div 12
Chapter 20 Art 11/
Chapter 20 Art IV
Chapter 18.65 - Public Improvement Assessments
Title 19 Zoning and Development Code
Administration
Chapter 19.05 - Zoning 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 1- 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
Mitiqation and Fees
Chapter 19.90 - Transportation Concurrency Management
Chapter 19.95 - School Impact Fees
Chapter 19.100 - Mitigation of Development Impacts
Development Regulations
Chapter 19.105 - General Development Requlations
Building site.
Essential public facilities.
Lighting regulation
Limitations on Development Activities
and Heavy Equipment Operations
Chapter 19.110 - Density 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 - Clearina. Gradina. and Tree and
Vegetation Retention
Planting requirements for certain trees.
Chapter 19.125 - Outdoors. Yards. and Landscaping
Planting requirements for certJin trees.
Chapter 20 Art V
Chapter 22
Chapter 22 Art I, /I
Chapter 22 Art I
Chapter 22 Art /I Div 5 partial
FWCC 22-128
FWCC 22-129
Chapter 22 Art /I Div 1
Chapter 22 Art /I Div 7
Chapter 22 Art /I Div 6
Chapter 22 Art IV
Chapter 22 Art 11/ Div 1, 2, 3A, 38, 3C
Chapter 22 Art XX
Chapter 22 Art /I Div 8
Chapter 22 Art IV.A
Chapter 22 Art IV.8
Chapter 22 Art V
Chapter 22 Art VI
Chapter 22 Art VI/
Chapter 22 Art VIII
Chapter 22 Art IX
Chapter 22 Art XXI
Chapter 19 Art IV
Chapter 14 Art VI
Chapter 19 Art /I 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
FWCC 22 962
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 Requlations
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 Zoninq Regulations
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
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
COUNCIL MEETING DATE: December 2nd, 2008
ITEM
7.a.
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
RELATING To DEFINITIONS IN THE FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY
MEETING DATE: Nov. lOth, 2008
CATEGORY:
D Consent
D City Council Business
IZl Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: AARON DEPUTY CITY ATTORNEY DEPT: 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 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 staffwill
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: ~ DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: Or~lJ,", ~ ,
P/t'I.-
Committee
rl
l~
~
ROPOSED COUNCIL MOTION:
Deeembel 16th consent agenda n.
-::r c:.... '" """"-" ') b
forward the ordinance to a second reading for enactment on the
(BEUIW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO DEFINITIONAL
AMENDMENTS IN THE CODE REPEALING SECTIONS, ADDING
SECTIONS, AND AMENDING SECTIONS IN CHAPTER 4 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
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 ofthe 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
Ordinance No.
Page 1 of8
SECTION 1. Chapter 2, Article III, Section 2-46, ofthe Federal Way City Code shall be
amended to read as follows:
2-46 Definitions.
~\s used in this diyision, the following words and terms sha-ll be given the following
definitions: 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.
fl1 '.:..Appointment'.:... includes all means of selecting, appointing, or employing any person to
hold the office of civil service commissioner.
~ '.:..Commission'.:... means the civil service commission-,- herein created and "commissioner"
means anyone of the five commissioners appointed to the eommission. "Alternate
commissioner" means anyone of the two alternate commissioners appointed to the commission.
"Commissioner" means anyone of the five commissioners appointed to the commission.
"Alternate commissioner" means anyone of the two alternate commissioners appointed to the
commISSIOn.
(3) City means the city of Federa-l 'Nay, a \Vashington municipal corporation.
~ '.:..Elector'.:... means a registered voter.
~ '.:..Resident'.:... means a person whose primary dwelling place is located in the city.
(Ord. No. 96-258, S 2, 1-2-96)
SECTION 2. Chapter 2, Article VIII, Section 2-253, ofthe Federal Way City Code shall
be amended to read as follows:
2-253 Definitions.
.^..11 terms used herein Terms in this article shall, in addition to their ordinary meaning, a-lso
be are defined according to fl1 chapter 69.50 RCW, ~ city ordinance ordinances, or (3)
common law, or their ordinary meaning in that order of preference.
(Ord. No. 93-182, S 4, 7-20-93)
SECTION 3. Chapter 2, Article IX, Section 2-301, of the Federal Way City Code shall be
amended to read as follows:
2-301 Definitions.
As used in connection with the art in public places funds and 2% For The Arts projects, the
following terms have the meaning set forth below: 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.
'.:..Acquisition of real property'.:... means the purchase of parcels of vacant or unimproved land,
including associated costs such as appraisals or negotiations.
'.:..Art in public places'.:... means any expression by an artist of visual works of art available to the
public in an open city-owned facility in areas designated as public areas, or on non-city-owned
property if the incorporation of the art project is installed or financed, either in whole or in part,
by the city.
Ordinance No.
Page 2 of8
l\rts commission means the Federal 'Nay arts commission.
'.:...Demolition costs: means the cost of removing buildings or other structures from the property.
'.:...Equipment'.:... means equipment or furnishings that are portable.
'.:...Qualifying capital improvement project'.:... means projects a proiect funded wholly or in part by
the city of Federal Way to construct or substantially remodel any public project including
buildings, decorative or commemorative structures, parks, or aftY portion thereof; provided,
however, that it does not include either initially or in the calculation of the total proiect cost. aHY
city funded amount~ funded by the city for the acquisition of real property or equipment~ or for
demolition shall be excluded for the purposes of the caleulation of total project cost.
'.:...Substantially: mean means when the cost of the project construction, renovation, repair~ or
remodel funded by city monies exceed the sum of $25,000.
(Ord. No. 94-217, ~ 1,7-19-94)
SECTION 4. Chapter 15, Article I, Section 15-7, of the Federal Way City Code shall be
amended to read as follows:
15-7 Neighborhood traffic safety zone - Definitions.
~^..s used in this Code, the following terms have meanings il'ldicated lIDless the cont~(t clearly
requires otherwise: 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.
tlt-'.:...School: includes a school as defined by has the meaning lIDder RCW 28A.150.01O or
28A.150.020, and. The term "school" also includes a private school approved under RCW
28A.195.01O.
~ '.:...School bus: means a school bus as defined by the superintendent of public instruction by
rule which is owned and operated by any school district and all school buses which are privately
owned and operated under contract, or otherwise with any school district in the state for
transportation of students. The term does not include buses operated by common carriers and the
urban transportation of students, such as transportation of students through a city transportation
system.
~ '.:...School bus route stop: means a school bus stop as designated on maps or otherwise
identified and submitted by school districts to the office of the superintendent of public
instruction.
(Ord. No. 93-163, ~ 2, 1-19-93; Ord. No. 94-207, ~ 1, 1-4-94)
SECTION 5. Chapter 15, Article V, Section 15-166, of the Federal Way City Code shall
be amended to read as follows:
15-166 Definitions.
The following words, terms and phrases, when used in this division, shan have the meanings
ascribed to them in this section, except where the context clearly indicates 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.
'.:...No cruising area: means shall mean an area designated by the city council by ordinance as
susceptible to, or having a history of traffic congestion, obstruction of streets, sidewalks or
Ordinance No.
Page 3 of8
parking lots, impediment of access to shopping centers or other buildings open to the public,
interference with the use of property or conduct of business in the area adjacent thereto or that
emergency vehicles cannot respond in that area within a reasonable period of time.
'.:..Traffic control point: means shall mean any point within the ~no cruising area established by
the city council for the purpose of monitoring cruising.
(Ord. No. 90-35, ~ 1,2-20-90)
SECTION 6. Chapter 15, Article VI, Section 15-196, ofthe Federal Way City Code shall
be amended to read as follows:
15-196 Bicycle helmets.
(a) Purpose and policy.
(1) This chapter is enacted as an exercise of the amhority of the city of Federal 'Nay to
protect and preserve the publie health and welfare. Its provisions shall be liberally construed f-or
the accomplishment of these purposes.
(2) It is the express purpose of this chapter to pro 'Ii de for and to promote the health and
welfare of the general public, and Rot Ci"eate or otherwise establish or designate any particular
class or group of persons 'lIHO v;i11 or should be especially proteeted or bOflefited by the terms of
this chapter.
(3) It is the specific intent of this ehapter to place the obligation of complying ':Iith its
requirements upon any person falling within this scope, and no provision of, nor term used in,
this chapter is intended to impose any dmy whatsoever upon the city of Federal 'Nay or any of its
officers or employees, for whom the implementation or enforcement of this section shall be
discretionary and not mandatory.
(b) Definitions. As used in this chapter, the f-ollowing terms shall have the meanings indieated
unless eY/ery context clearly requires otherwise:
(1) Bicycle means eyery deyice propelled solely by human power upon whieh a person or
persons may ride, having two tandem wheels, either of which is 16 inches or more in diameter,
or three wheels, anyone of which is more than 20 inches in diameter (RC\V 16.04.071). 'Nithin
this chapter, the term "bicyele" shall include any attached trailers, side cars, and/or other device
being towed by a bicycle.
(2) Guardian means a parent, legal guardian, an adult with custody, or temporary guardian
\vho maintains responsibility, v/hether voluntary or otherwise, f-or the safety and welfare of a
person under the age of 18 years.
(3) Public area means public roadways, bicycle paths, sidewalks, parks, or any right of way
or publiely ovmed facility under the jurisdiction of the city of Federal 'Nay.
(a1) Bicyele helmet required Generally - Helmet required.
(+.~) Any person bicycling or riding as a bicycle passenger on or in tow of a bicycle upon any
public area in the city of Federal Way shall wear a bicycle helmet and shall have either the neck
or chin strap of the helmet fastened securely while the bicycle is in motion.
(~Q) No person shall transport another person on or in tow of a bicycle upon any public area
in the jurisdiction of the city of Federal Way, unless the passenger is wearing a helmet that meets
the requirements of this chapter.
Ordinance No.
Page 4 of8
(J~) A parent or guardian is responsible for requiring that a child under the age of 16 years
wears a bicycle helmet while bicycling or riding as a passenger on a bicycle in any public area in
the city of Federal Way, and has the neck or chin strap ofthe helmet fastened securely.
(42) Bicycle races and events Helmet required.
(+f!) Any person managing a bicycle race, an organized event involving bicycling, or a
bicycle tour in the public areas of the city of Federal Way shall require that all participants on or
in tow of bicycles wear approved bicycle helmets.
(~h) The person managing any such event shall include the bicycle helmet requirement in any
promotional brochures and on registration materials.
(eJ) Bicycle rental or loan racos and 6-'/ents Helmet required.
(+f!) Any person engaging in the business of renting or loaning (e.g., "a test drive") any
bicycle for use in any public place in the city of Federal Way shall supply the persons leasing or
using bicycles with bicycle helmets, along with the bicycles, unless the bicycle riders and
passengers possess bicycle helmets of their own for use with the bicycle.
(~h) The rental papers (contract, agreement, or receipt) must advise the person renting the
bicycle of the bicycle helmet requirements of this chapter.
(f:l) Penalties - Traffic infraction.
(+f!) Effective January 1, 2005, any person violating any of the provisions of this chapter
shall have committed a traffic infraction and shall be liable for monetary penalties as set forth in
FWCC 15-191.
(~h) The court may waive, reduce, or suspend the penalty and clear the notice of violation as
a warning for an individual who has not received a notice of violation of this chapter within one
year, and provides proof that he or she has acquired a bicycle helmet at the time of appearance in
court.
(~) Each rental and each event under subsection (eJ) of this section shall be a separate
violation.
(Ord. No. 04-476 S 1, 12-21-04)
SECTION 7. A new section is added to Chapter 15, Article VI, of the Federal Way City
Code (FWRC 8.25.004) to read as follows:
15-197 r8.25.0041 Purpose and policy.
(1) This chapter is enacted as an exercise of the authority of the city of Federal Way to
protect and preserve the public health and welfare. Its provisions shall be liberally construed for
the accomplishment of these purposes.
(2) It is the express purpose of this chapter to provide for and to promote the health and
welfare of the general public. and not create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected or benefited by the terms of
this chapter.
(3) It is the specific intent of this chapter to place the obligation of complying with its
requirements upon any person falling within this scope. and no provision of. nor term used in.
this chapter is intended to impose any duty whatsoever upon the city of Federal Way or any of its
officers or employees. for whom the implementation or enforcement of this section shall be
discretionary and not mandatory.
Ordinance No.
Page 5 of8
SECTION 8. A new section is added to Chapter 15, Article VI, of the Federal Way City
Code (FWRC 8.25.006) to read as follows:
15-198 r8.25.0061 Definitions
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
"Bicycle" means every device propelled solely by human power upon which a person or
persons may ride. having two tandem wheels. either of which is 16 inches or more in diameter.
or three wheels. anyone of which is more than 20 inches in diameter (RCW 46.04.071). Within
this chapter. the term "bicycle" shall include any attached trailers. side cars. and/or other device
being towed by a bicycle.
"Guardian" means a parent. legal guardian. an adult with custody. or temporary guardian
who maintains responsibility. whether voluntary or otherwise. for the safety and welfare of a
person under the age of 18 years.
"Public area" means public roadways. bicycle paths. sidewalks. parks. or any right-of-way or
publicly owned facility under the iurisdiction of the city of Federal Way.
SECTION 9. Chapter 15, Article IX, Section 15-240, ofthe Federal Way City Code shall
be amended to read as follows:
15-240 Definitions.
The definitions in this section applv throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
tat '.:...Motorized foot scooter'.:... means a device with no more than two 10-inch or smaller
diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is
powered by an internal combustion engine or electric motor that is capable of propelling the
device with or without human propulsion. A motor-driven cycle, a moped, an electric-assisted
bicycle, or a motorcycle is not a motorized foot scooter.
W'.:...Similar device'.:... means any device that: (1) matches the definition of a motorized foot
scooter except for the size of the device's wheels; and (2) cannot be defined as a motor-driven
cycle, a moped, an electric-assisted bicycle, or a motorcycle.
(Ord. No. 04-464, S 7, 9-21-04)
SECTION 10. 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 ofthe City of Federal Way hereby declares that it would have adopted this chapter and
Ordinance No.
Page 6 of8
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 11. 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 12. Corrections. The City Clerk and the codifiers ofthis 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 13. Ratification. Any act consistent with the authority and prior to the
effective date ofthis ordinance is hereby ratified and affirmed.
SECTION 14. 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
Ordinance No.
Page 7 of8
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTWE DATE:
ORDINANCE NO.:
Ordinance No.
Page 8 of8
COUNCIL MEETING DATE: December 2nd, 2008 ITEM #: l.b.
........ .. ...00... ................_____...... mm........... ......................................... ................................_..... m............_.......................................................... .................................. ..........................._............................_ .................................................. .. m..............................__.._......."m
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Amendments Relating To Animal Law In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING ANIMAL LAW IN THE
FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY
MEETING DATE: Nov. lOth, 2008
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: AARON DEPUTY CITY ATTORNEY DEPT: 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 animal law including opportunities to remove
redundancies, make the language and provisions in the animal code clear and consistent, and update and
coordinates the language with the County animal code. It includes updates to the definitions consistent
with other definition updates. It is not intended to create policy changes. Concurrently with this
ordinance staffwill 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: I. 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:
~l
DIRECTOR APPROVAL: ~ ~
Committee '~
COMMITTEE RECOMMENDATION: Ort'\\)V" .f}'
~.~
Committee mber
OPOSED COUNCIL MOTION:
December J 6th consent agenda".
-::t"c.. h '^ eM" 1 to,
orward the ordinance to a second reading for enactment on the
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO ANIMAL
REGULATIONS, ADDING SECTIONS, AND AMENDING SECTIONS IN
CHAPTER 4 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, consistency, and
workability; and animal 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 animal regulations;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended
to change numbering or formatting changes that will 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 ofthe 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 4, Article I, Section 4-1, of the Federal Way City Code shall be
amended to read as follows:
4-1 Definitions.
Ordinance No. 08-
Page 1 of 20
The follo\ving words, terms and phrases, when used in this ehapter, shall haye the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise.
"Abatement" means the termination of any violation by reasonable and lawful means determined
by the director of the animal control authority in order that a person or a person presumed to be
the owner shall comply with this chapter.
"Adult cat" means a cat of either sex, altered or unaltered, that has reached the age of six months.
"Adult dog" means one of either sex, altered or unaltered, that has reached the age of six months.
"Animaf' means any living creature except human beings, insects and worms.
"Animal control authority" mean the county animal care and control section animal control
division, department of general serviees, acting alone or in concert with other municipalities for
enforcement of the animal control laws of the county and city for the shelter and welfare of
animals.
"Animal control officer" means any individual employed, contracted or appointed by the animal
control authority for the purpose of aiding in the enforcement of this chapter or any other law or
ordinance relating to the impoundment of animals, and includes any state or municipal peace
officer, sheriff, constable or other employee whose duties in whole or in part include assignments
which involve the seizure and taking into custody of any animal.
"Animal rescuer" means any individual who routinely obtains all unwanted dogs deg or eat cats.
ensures that they are spayed or neutered. and wile locates within 90 days an adoptive home for
them that spayed or neutered dog or eat provided, hO'Neyer, afl interim, administrative An
extension of the 90 days may be granted by the animal control authority feF UP to a maximum of
six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a
veterinarian.
"Cattery" means a place where four or more adult cats are kept, whether by owners of the cats
or by persons providing facilities and care, whether or not for compensation, but not including
small animal hospital, clinic or pet shop.
"Dangerous dog" means any dog that according to the records of the animal control authority:
(1) Has inflicted severe injury on a human being without provocation on public or private
property;
(2) Has killed a domestic animal without provocation while off the owner's property;
(3) Has been previously found to be potentially dangerous, ami the owner having received notice
of such. and the dog again aggressively bites, attacks, or endangers the safety of humans or
domestic animals;
(4) Has a known propensity, tendency or disposition to attack without provocation to cause
injury or otherwise endanger humans and/or domestic animals based upon notice to the owner;
(5) Bites or attacks without provocation after prior notice to the owner; or
(6) Is defined as a "dangerous dog" under RCW 16.08.070 as it clHTently exists or is amended in
the future.
"Director" means the director or manager of the animal control authority of the eounty
department of health.
"Domesticated animal" means those domesticated beasts including any dog, cat, rabbit, horse,
mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.
Ordinance No. 08-
Page 2 of 20
"Euthanasia" means the humane destruction of an animal, accomplished by a method that
involves instantaneous unconsciousness and immediate death, or by a method that causes
painless loss of consciousness and death during such loss of consciousness.
"Grooming service" means any place or establishment, public or private, where animals are
bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and
for which a fee is charged.
"Harboring, keeping, or maintaining a dog or cat" means performing any of the acts of
providing care, shelter, protection, refuge, food or nourishment in such manner as to control the
animal's actions, or that the animal is treated as living at one's house by the homeowner.
"Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four
or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the
speCIes.
"Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four
or more adult dogs are bred or kept for hunting, training and exhibition for organized shows,
field, working and/or obedience trials, or for enjoyment ofthe species.
"Juvenile" means any dog or cat, altered or unaltered, that is under the age of six months.
"Kennel" means a place where four or more adult dogs are kept, whether by owners of the dogs
or by persons providing facilities and care whether or not for compensation, but not including a
small animal hospital or clinic or pet shop.
"Known propensity" means an inclination for behavior that the owner is or should be aware of.
"Livestock" means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but
does not include small animals, as defined in King County Code Section 21A.06.065.
"Owner" means any person having an interest or right of possession to an animal or any person
having control, custody or possession of an animal. and includes but is not limited to the keeper
or custodian of an animal. , or by reason of the animal being seen residing consistently at a
loeation, Any person residing at a location where an animal has been consistently residing shall
be presumed to be the owner.
"Packs of dogs" means a group of two or more dogs running upon either public or private
property not that of their owner in a state in which either their control or ownership is in doubt or
cannot readily be ascertained, and when such dogs are not restrained or controlled.
"Pet shop" means any person, establishment, store or department of any store that acquires live
animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rent such live
animals to the public or to retail outlets.
"Potentially dangerous dog" means a dog the owner reasonably knows has aggressively bitten,
attacked or endangered humans and/or domestic animals and includes but is not limited to any
dog that meets the definition of potentially dangerous dog as defined by RCW 16.08.070.
"Running at large" means to be off the premises of the owner or eustodian and not secured by a
leash or tether of not more than 15 feet in length or less.
"Service animal" means any animal, which is trained or being trained for the purposes of
assisting or accommodating a person's sensory, mental. or physical disability to aide a person
who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is
registered with a recognized service animal organization.
"Severe injury" means any physical injury that results in broken bones or lacerations requiring
multiple sutures or cosmetic surgery.
"Shelter" means a facility which is used to house or contain stray, homeless, abandoned or
unwanted animals and which is owned, operated or maintained by a public body, an established
Ordinance No. 08-
Page 3 of 20
humane society, animal welfare society, society for the prevention of cruelty to animals, or other
nonprofit organization devoted to the welfare, protection and humane treatment of animals.
"Special hobby kennel license" means a license issued to pet owners under certain conditions,
who do not meet the requirements for a hobby kennel license, to allow them to retain only those
specific dogs and cats then in their possession until such time as the death or transfer of such
animals reduces the number they possess to the legal limit set forth in this chapter.
"Under control" means the animal is under voice competent and/or signal control so as to
thereby be restrained from approaching any bystander or other animal and from causing or being
the cause of physical property damage when off a leash or off the premises of the owner.
"Vicious" means the act of or the propensity to do any act endangering the safety of any person,
animal, or property; including but not limited to biting a human being, attacking human beings,
or attacking domesticated animals without provocation.
(Ord. No. 90-30, S 2(A) - (N), (P) - (T), 2-13-90; Ord. No. 92-153, S 2, 11-17-92; Ord. No. 06-
527, S 1,6-20-06; Ord. No. 06-530, S 1,8-1-06)
SECTION 2. Chapter 4, Article 1, Section 4-3, of the Federal Way City Code shall be
amended to read as follows:
4-3 Contract with county.
The city manager has the authority to adopt rules and regulations to carry out the provisions of
this chapter rTitle 1. and has the authority to administer and enforce this article and any such rules
or regulations. It is unlawful to violate or fail to comply with any provision of this article or any
such rule or regulation. The city manager is authorized and empowered to execute a contract
with the county collect license and other fees and costs and to administer and enforce the
provisions of this chapter on behalf of the city.
SECTION 3. Chapter 4, Article 1, Section 4-4, of the Federal Way City Code shall be
amended to read as follows:
4-4 Criminal penalty. Statutes ad outed.
Unless otherwise proyided, any person who yiolates the prOVISIOns of this chapter, and
provisions ofRCW 16.08.010 et seq., shall be guilty ofa misdemeanor, punishable as provided
in FWcC 1 13. Chapter 16.08 RCW is adopted by reference. except to the extent its provisions
conflict with this chapter.
SECTION 4. Chapter 4, Article I, Section 4-5, of the Federal Way City Code shall be
amended to read as follows:
4-5 Civil penalty.
In addition to any other penalty in this chapter or by lav/, any person in violation of this chapter
whoso animal is in yiolation of this chapter shall incur is subiect to a civil penalty. the maximum
penalty and the default amount of which shall be $250.00 per violation, not including fees. costs.
and assessments. to be directly assessed by the director, plus actual Costs includes any abatement
Ordinance No. 08-
Page 4 of 20
costs and other actual costs incurred by the animal control authority. The director may directly
assess any civil penalty and, in a reasonable manner, may vary the amount of the penalty to the
nature and type of violation; the gravity of the violation; the number of past and present
violations committed and the good faith ofthe violator in attempting to achieve compliance with
prescribed requirements or after notification of a violation. All civil penalties assessed will be
enforced and collected in accordance with the procedure specified in this chapter. King County
Code Chapter 11. or Chapter 7.80 RCW. Animal control officers are authorized to issue civil
infractions to enforce any violations of this chapter. The amount of a civil infraction under this
section shall be the same as the civil penalty and shall be enforced under Chapter 7.80 RCW. An
owner is in violation ofthis chapter ifthey violate any provision of this chapter and when the
owner's animal is in violation of this chapter.
(Ord. No. 90-30, ~ 40, 2-13-90; Ord. No. 92-153, ~ 54, 11-17-92)
SECTION 5. Chapter 4, Article I, Section 4-6, of the Federal Way City Code shall be
amended to read as follows:
4-6 Personal obligations.
The civil penalty and the cost of abatement are personal obligations of the violator or animal
owner. The city attorney on behalf of the eity, or prosecuting attorney on behalf of the county,
may collect the civil penalty and the abatement costs by use of through all appropriate legal
remedies.
(Ord. No. 90-30, ~ 41, 2-13-90; Ord. No. 92-153, ~ 55, 11-17-92)
SECTION 6. Chapter 4, Article I, Section 4-10, of the Federal Way City Code shall be
amended to read as follows:
4-10 Cruelty declared unlawful.
The following state statutes, including all futlHe amendments, additions or deletioRs, are adopted
by reference:
(1) RCW 16.52.011, Definitions - Principles ofliability.
(2) RCW 16.52.015, Enforcement - Law enforcement agencies and animal care and control
agencIes.
(3) RCW 16.52.080, Transporting or confining in unsafe manner - Penalty.
(4) RCW 16.52.085, Removal of animals for feeding - Examination - Notice - Euthanasia.
(5) RCW 16.52.090, Docking horses - Misdemeanor.
(6) RCW 16.52.095, Cutting ears - Misdemeanor.
(7) RCW 16.52.100, Confinement without food and water - Intervention by others.
(8) RCW 16.52.110, Old or diseased animals at large.
(9) RCW 16.52.117, Animal fighting - Owners, trainers, spectators - Exceptions.
(10) RCW 16.52.165, Punishment - Conviction of misdemeanor.
(11) RCW 16.52.180, Limitations on application of chapter.
(12) RCW 16.52.185, Exclusions from chapter.
(13) RCW 16.52.190, Poisoning animals.
Ordinance No. 08-
Page 5 of 20
(14) RCW 16.52.193, Poisoning animals - Strychnine sales - Records - Report on suspected
purchases.
(15) RCW 16.52.195, Poisoning animals - Penalty.
(16) RCW 16.52.200, Sent~nces - Forfeiture of animals - Liability for costs - Civil penalty-
Education, counseling.
(17) RCW 16.52.210, Destruction of animal by law enforcement officer- Immunity from
liability.
(18) RcW 16.52.220, Transfers of mammals for research - Certification requirements - Pet
animals.
(19) RCW 16.52.230, Remedies not impaired.
(20) RCW 16.52.300, Dogs or cats used as bait - Seizure - Limitation.
(Ord. No. 90-30, 924,2-13-90; Ord. No. 92-153, 9 38, 11-17-92; Ord. No. 01-394, 9 1,6-19-
01)
SECTION 7. Chapter 4, Article I, Section 4-13, of the Federal Way City Code shall be
amended to read as follows:
4-13 Exotic animals.
The provisions of King County Code Chapter 11.28, including an future amendments, are hereby
adopted by reference as if set forth in :full herein and are on file in the city clerk's office. Such
provisions shall apply to any acts or omissions which occur in the city.
(Ord. No. 90-30, 9 37,2-13-90; Ord. No. 92-153, 9 51, 11-17-92)
SECTION 8. Chapter 4, Article I, Section 4-14, of the Federal Way City Code shall be
amended to read as follows:
4-14 Guard dogs.
The provisions of King County Code Chapter 11.32, including all future amendments, are hereby
adopted by reference as if set forth in full and are on file in the city elerk's office. Such
provisions shall apply to all acts and omissions which occur in the city.
(Ord. No. 90-30, 9 38,2-13-90; Ord. No. 92-153, 9 52, 11-17-92)
SECTION 9. Chapter 4, Article I, Section 4-16, ofthe Federal Way City Code is hereby
repealed as follows:
4 1 (i Euthanasia rate targets.
(a) It shall be the policy of King County that the following maximum euthanasia rate targets are
used to measure the progress towards reducing the rates of lffiwanted, healthy pet cats and dogs
destroyed by the animal control authority and/or its designees. The euthanasia rates shan not
include animals that are destroyed because they are f-oral, medically or temperamentally
unsuitable for adoption of haye been released by their owners for owner requested euthanasia.
The computation of the euthanasia rates shall be based on a population which is defined as all of
King County, exccpt the city of Seattle.
Ordinance No. 08-
Page 6 of 20
(1) The number of healthy dogs and cats destroyed by King cOlffity animal control and its
designees exceeds 11 cats per 1,000 persons living in the county and 6.6 dogs per 1,000 persons
liying in the county for any giyen year ending December 31 st; or
(2) The number of healthy dogs and cats destroyed by King County animal control or its
designees exceeds 5.5 cats per 1,000 persons liying in the county and 3.3 dogs per 1,000 persol'ls
living in the county f{)r the year ending December 31, 1996;or
(3) The number of healthy dogs and cats destroyed by King County animal control or its
designees exceeds 1.7 cats per 1,000 persons living in the county and 1.0 dogs per 1,000 persons
living in the county for the year ending December 31, 2000.
(b) The animal control authority shall report annaally to the Federal \Vay city council about the
number of unwanted, healthy pets destroyed and what additional measures or programs might be
recommended f-or council approval to reduce the euthanasia rates. (Ord. No. 92 153, ~ 9, 11 17
~
SECTION 10. Chapter 4, Article 1, Section 4-24, of the Federal Way City Code shall be
amended to read as follows:
4-24 Mandatory spaying and neutering.
(a) No person shall own or harbor any cat or dog over the age of six months that has not been
spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to
FWCC 9 165 -1-106.
(b) Guide dog puppies in training and police service dogs are exempted from the provision of
this section.
(c) Any dog or cat over the age of six months adopted from an animal shelter in King County
shall be spayed or neutered before transfer to the owner.
(Ord. No. 92-153, S 3, 11-17-92)
SECTION 11. Chapter 4, Article II, Section 4-41, of the Federal Way City Code shall be
amended to read as follows:
4-41 Authority to enforce.
The director of the animal control authority and authorized animal control officers and city law
enforcement officers are authorized to take such lawful action as may be required to enforce the
provisions of this chapter and the laws of the state as they pertain to animal cruelty, shelter,
welfare and enforcement control. Not withstanding any other provision, law enforcement officers
are authorized to use reasonable force and control when needed to protect the health and safety
of persons or property and to enforce criminal laws.
(Ord. No. 90-30, S 18(A), 2-13-90; Ord. No. 92-153, S 28(A), 11-17-92)
SECTION 12. Chapter 4, Article II, Section 4-42, of the Federal Way City is hereby
repealed as follows:
4 42 "'arrant refluired for entry.
Ordinance No. 08-
Page 7 of 20
The director of animal control authority or aathorized animal control officer and city law
enforcement officers shall not enter a building designated for and used for private purposes,
unless a proper warrant has first been issued l:lpon a showing that the officer has reasonable cal:lse
to belieye an animal is being maintained in the building in yiolation of this chapter. The director
of the animal control authority and authorized animal control officers and city lav: enforcement
offieers, while pursuing any animal observed by the officer to be in yiolation of this chapter, may
enter upon any building desigaated f-or and l:lsed for private purposes, f-or the purpose of abating
the animal yiolation being pursued or observed. COrd. No. 90 30, ~ 18CB), 2 13 90; Ord. No. 92
153, ~ 28(B), 11 17 92)
SECTION 13. Chapter 4, Article II, Section 4-56, of the Federal Way City Code shall be
amended to read as follows:
4-56 Disposition of certain animals.
Any dog or other animal, except vicious or dangerous animals included in F'NCC !J1l through
.4J..M. and il.1fi through 1J12., which bites, attacks, or attempts to bite one or more persons two
or more times within a two-year period is declared to be a public nuisance. Such animal aRd shall
be removed from the city within 48 hours after receiving written notice from the director or
authorized animal control officer and shall not be kept in the city. Any &aeh-animal found in
violation of this section will be is subiect to impoundment impounded and the owner or keeper of
such animal shall have no right to redeem such animal. The animal shaH be disposed of pursuant
to FV!CC 1..222 as an unredeemed animal.
(Ord. No. 90-30, ~ 19(C), 2-13-90; Ord. No. 92-153, ~ 29(C), 11-17-92)
SECTION 14. Chapter 4, Article II, Section 4-57, of the Federal Way City Code shall be
amended to read as follows:
4-57 Abatement of public nuisance- Removal from city.
(a) Any animal constituting a public nuisance as provided in FV!CC .1..lAQ thrOl:lgh ~ shall
be abated and removed from the city by the owner or by the director of the animal control
authority or authorized animal control officer, upon receipt by when the owner ef has received
three notices and orders of violation in anyone-year period that are either not appealed or no
relief is obtained from any appeal.
(b) \llhere it is established by record pursuant to this division and no finding was entered
sho\ving that the owner will be able to provide reasonable restraints to protect the pub lie from
repeat violations, Unless otherwise ordered after a hearing. the director of the animal control
authority shall notify and direct the owner of the animal to abate or remove the animal from the
city within 96 hours from the date of notice. If such animal is found to be within the confines of
the city after 96 hours have elapsed from the date of notice, the animal shall be abated and
remo':ed impounded by the director of the animal control authority. Animals removed
impounded pursuant to the provisions of this section shall be removed from the city or be
subjected to euthanasia by the animal control authority.
(Ord. No. 90-30, ~ 19,2-13-90; Ord. No. 92-153, ~ 29(B), 11-17-92)
Ordinance No. 08-
Page 8 of 20
SECTION 15. Chapter 4, Article II, Section 4-58, of the Federal Way City Code shall be
amended to read as follows:
4-58 Violations- Commencement of proceedings.
Unless otherwise llrovided by this chapter, whenever .Whenever the director or authorized animal
control officer has found an animal maintained in violation of this chapter, the director of the
animal control authority shall commence proceedings to cause the abatement of eaeft the
violation or the animal; provided, that the abatement and remoyal procedures of F\VCC 1J12.
shall apply to vieious animals or dangerous dogs.
(Ord. No. 90-30,99 19(A), 25(A), 2-13-90; Ord. No. 92-153, 99 29(A), 39(A), 11-17-92)
SECTION 16. Chapter 4, Article III, Section 4-106, of the Federal Way City Code shall
be amended to read as follows:
4-106 License requirements.
All dogs and cats eight weeks and over which are harbored, kept or maintained with the city shall
be licensed and registered annually; provided, that an altered two-year license may be purchased.
This section shall not apply to dogs used by any eity police agency fef or other aftY governmental
law enforcement agency for police work.
(Ord. No. 90-30, 9 3,2-13-90; Ord. No. 92-153, 9 5(A), 11-17-92)
SECTION 17. Chapter 4, Article IV, Section 4-121, of the Federal Way City Code shall
be amended to read as follows:
4-121 Dangerous dogs prohibited.
(a) It is unlawful to own or possess a dangerous dog within the city limits of the city of Federal
Way. For the purpose of this provision, "dangerous dog" shall be defined by F'NCC 4 1 and
RC\V 16.08.070.
(b) Upon final designation of a dog as a dangerous dog, the dog must either be surrendered to the
animal control authority or be removed from the city limits of Federal Way within 72 hours of
the designation by the owner or keeper ofthe dog.
(c) Any violation Violation of this section shall be is a gross misdemeanor, punishable by 1:lp to
one year injail and a fine of up to $5,000.
(d) Owners or keepers of dangerous dogs shall be strictly liable for any damage caused by the
dangerous dogs.
SECTION 18. Chapter 4, Article IV, Section 4-122, of the Federal Way City Code shall
be amended to read as follows:
4-122 Exception.
Ordinance No. 08-
Page 9 of 20
A dog shall not be considered a dangerous dog under this article if, at the time the threat, injury
or damage was sustained by a person, the person who, at the time, was committing a wHful
willful trespass or other tort upon the premises occupied by the owner of the dog, ef was
tormenting, abusing or assaulting the dog, or has in the past been observed or reported to have
tormented, abused or assaulted the dog or was committing or attempting to commit a crime. A
dog shall not be considered a dangerous dog under this article if the person injured has in the past
been observed or reported to have tormented, abused or assaulted the dog.
(Ord. No. 90-30, ~ 2(E), 2-13-90; Ord. No. 92-153, ~ 2(G), 11-17-92)
SECTION 19. Chapter 4, Article IV, Section 4-123, of the Federal Way City Code shall
be amended to read as follows:
4-123 Confiscation.
Any A dog shall be immediately confiscated by the animal control authority if the dog has been
deemed a dangerous dog,-as defined by FVlcC .1l or RC\V 16.08.070 and the owner has
received notice under this chapter, King County Code Chapter 1 L or RCW 16.08.080....and has
either failed to appeal or has been denied relief following appeal-,- under this chapter. If the
dangerous dog designation is under appeal at the time of confiscation, the dog shall remain
confined at the owner's expense while the appeal is pending. A dog may be impounded if the
animal control authority has deemed it a dangerous dog prior to final determination. Any
dangerous dog impounded or confiscated under this section prior to final determination, will be
held at the owner's expense pending appeal of the classification or violation:....; apon Upon final
determination it may be disposed of and the owner has no right to redeem such dog. However,
upon showing of good cause and ey in the sound discretion of the animal control authority, the
dog may be released to the owner for removal from within the city limits. In addition, the owner
shall, upon con'liction, be guilty of a gross misdemeanor punishable as provided in RCW
91\.20.021.
(Ord. No. 90-30, ~ 33(C), 2-13-90; Ord. No. 92-153, ~ 47(C), 11-17-92; Ord. No. 06-527, ~ 5,6-
20-06. Formerly 4-124)
SECTION 20. Chapter 4, Article IV, Section 4-124, of the Federal Way City Code is
hereby repealed as follows:
4 124 CeBeral provisioBs.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(1) RC'.l116.08.020, Dogs injaring stock may be killed.
(2) RC\V 16.08.030, Marauding dog Duty of owner to kill. (Ord. No. 01 391, ~ 2,6 19 01;
Ord. No. 06 527, ~ 6,6 20 06. Formerly 4 125)
Ordinance No. 08-
Page 10 of20
SECTION 21. Chapter 4, Article V, Section 4-147, of the Federal Way City Code shall
be amended to read as follows:
4-147 Running at large.
fa) Any dog running at large within the city is a public nuisance. The oVlller or keOfler of a dog
shall not permit such dog to run at large within the city. A dog is rwming at large and is a
nuisance eyen ifthe dog is accompanied by the owner or custodian, ifit is not seem-ed by a leash.
The only allowable exceptions to this section are when an owner or c1:lstodian is training or
exercising a dog on his or her own property, on the property of another person with the
permission of the ovmer of the property, on public property designated to allow dog competition
sanctioned by national organizations, or in the designated off leash area_ 'Nithin French Lake
Parle. The hours of French Lake Park shall be 7:00 a.m. to dusk excOflt for the months of May
through }..ugust when the hours shall be 7:00 a.m. to 9:00 p.m. This section does not apply when
the dog is on the property of another person with the permission of the owner of the property~ on
public property designated to allow dog competition sanctioned by national organizations; at
animal shows, exhibitions or organized dog-training classes where at least 24 hours' advance
notice has been given to the animal control authority; or in the designated off-leash area within
French Lake Park during designated times.
(b) }\ny domesticated animal, v/hether licensed or not, \vhich runs at large in any park, other than
the designated off leash area within French Lake Park, or OB-ters any pffiJlic beach, pond, fo1:lfltain
or stream therein, or l:l-pon any public playground or school ground is deelared to be a nnisance.
This subsection shall not prohibit a person from walking or exercising an animal in a public park
or on allY public beach when such animal is on a leash, tether or chain not to e-xceed 20 feet in
length. This subsection shall not apply to any blind person using a trained seeing eye dog, animal
shows, exhibitions or organized dog training classes where at least 24 hours' adyanee notice has
been given to the animal control authority by such persons requesting to hold such animal shows,
exhibitions or dog training classes.
(Ord. No. 90-30, ~~ 2(Q), 20(B), 2-13-90; Ord. No. 92-153, ~~ 2, 30(B), (C), 11-17-92; Ord. No.
05-495, ~ I, 7-5-05; Ord. No. 06-530, ~ 2, 8-1-06)
SECTION 22. Chapter 4, Article V, Section 4-148, of the Federal Way City Code shall
be amended to read as follows:
4-148 Presence in food establishments.
The oVlller or keOfler shall not allow an An animal to enter that enters any place where food is
stored, prepared, served or sold to the public, or any other public building or hall, and any such
animal is declared to be a public nuisance. This section shall not apply to any blind person using
a trained seeing eye dog, veterinary offices or hospitals~ or 1Q...animal shows, exhibitions or
organized dog-training classes where at least 24 hours' advance notice has been given to the
animal control authority by such persons requesting to hold such animal shows, exhibitions or
dog training classes.
(Ord. No. 90-30, ~ 20(D), 2-13-90; Ord. No. 92-153, S 30(D), 11-17-92)
Ordinance No. 08-
Page 11 of20
SECTION 23. Chapter 4, Article V, Section 4-149, of the Federal Way City Code shall
be amended to read as follows:
4-149 Female dogs in heat.
The ovmer or keeper of a A-female dog domesticated animal whether liceFlsed or not, while in
heat, shall prevent such animal from being accessible to other male animals. except for purposes
other than controlled and planned breeding is a public nuisance.
(Ord. No. 90-30, S 20(E), 2-13-90; Ord. No. 92-153, S 30(E), 11-17-92)
SECTION 24. Chapter 4, Article V, Section 4-150, of the Federal Way City Code shall
be amended to read as follows:
4-150 Chasing vehicles.
}~ domesticated An animal which chases, runs after~ or jumps at vehicles using the public streets
and alleys is declared to be a public nuisance.
(Ord. No. 90-30, S 20(F), 2-13-90; Ord. No. 92-153, S 30(F), 11-17-92)
SECTION 25. Chapter 4, Article V, Section 4-151, of the Federal Way City Code shall
be amended to read as follows:
4-151 Growling, jumping, etc.- Animals.
.^.. domesticated An animal which habitually on more than one occasion snaps, growls, snarls,
jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or
other public ways is declaI'cd to be a public nuisance.
(Ord. No. 90-30, S 20(G), 2-13-90; Ord. No. 92-153, S 30(G), 11-17-92)
SECTION 26. Chapter 4, Article V, Section 4-152, ofthe Federal Way City Code shall
be amended to read as follows:
4-152 Vicious animals.
W Any animal which has exhibited vicious propensities and which constitutes a danger to the
safety of persons or property off the premises of its owner or lawfully on such premises is
declaI'ed to be a public nuisance.fbt-A vicious animal or animal with vicious propensities which
runs at large at any time, or such an animal off the owner's premises not securely leashed efl-ll
lffie or confined and in the control of a person of suitable age and discretion to control or restrain
such an animal is hereby declared to be a ~ublic nuisance.
(c) In additioFl to other remedies and penalties, the provisions of this chapter relating to vicious
or dangerous animals shall apply.
(Ord. No. 90-30, S 20(H), (I), 2-13-90; Ord. No. 92-153, S 30(H), (I), 11-17-92)
Ordinance No. 08-
Page 12 of20
SECTION 27. Chapter 4, Article V, Section 4-153, of the Federal Way City Code shall
be amended to read as follows:
4-153 Noisy animals.
}J1Y domesticated An animal which howls, yelps, whines, barks or makes other oral noises, in
such a manner as to disturb any person or neighborhood to an unreasonable degree, is hereby
declared to be a public nuisance.
(Ord. No. 90-30, ~ 20(J), 2-13-90; Ord. No. 92-153, ~ 30(J), 11-17-92)
SECTION 28. Chapter 4, Article V, Section 4-154, of the Federal Way City Code shall
be amended to read as follows:
4-154 Other nuisances.
The following are declared to be public nuisances:
(1) Any domesticated animal which enters upon another person's property without the
permission of that person;
(2) Animals staked, tethered or kept on public property without prior written consent of the
animal control authority;
(3) Animals on any public property or not under the control of the owner or other competent
person;
(4) Animals kept, harbored or maintained and known to have a contagious disease unless under
the treatment of a licensed veterinarian; or
(5) Animals running in packs.
(Ord. No. 90-30, ~ 20(K) - (0),2-13-90; Ord. No. 92-153, ~ 30(K) - (0), 11-17-92)
SECTION 29. A new section is added to Chapter 4, Article V, of the Federal Way City
Code to read as follows:
4-155 Owners shall not allow nuisances
The owner of any animal shall not allow such animal to be or become a public nuisance. do any
act deemed a public nuisance. or otherwise violate this chapter.
SECTION 30. A new section is added to Chapter 4, Article V, of the Federal Way City
Code to read as follows:
4-156 DOl!s in plaVl!rounds
Any animal which enters a public playground or school ground without permission from the
school is declared to be a public nuisance.
Ordinance No. 08-
Page 13 of20
SECTION 31. A new section is added to Chapter 4, Article V, of the Federal Way City
Code to read as follows:
4-157 Exemption for service animals
This article does not apply to service animals.
SECTION 32. Chapter 4, Article VI, Section 4-176, of the Federal Way City Code shall
be amended to read as follows:
4-176 Compliance required.
An animal declared by the director to be vicious may be kept, harbored or maintained in the
city only upon compliance with the requirements prescribed by the director and the requirements
ofFWCC 4-152.
(Ord. No. 90-30, S 32(A), 2-13-90; Ord. No. 92-153, S 46(A), 11-17-92)
SECTION 33. Chapter 4, Article VI, Section 4-179, ofthe Federal Way City Code shall
be amended to read as follows:
4-179 Violations.
Failure to comply with any requirement prescribed by the director pursuant to this article
constitutes a misdemeanor. Tho animal shall Rot bo kept in tho city 18 hours after recei'/ing
""rotten notice from the director. The An animal kept or found in violation of this article ~
subiect to impoundment by the animal control authority. 'Hill be impounded afld disposed of
pursuant to FWCC ~ as an unredeemed animal, and the owner or keeper of such animal has
no right to redeem such animal.
(Ord. No. 90-30, S 32(B), 2-13-90; Ord. No. 92-153, S 46(B), 11-17-92)
SECTION 34. Chapter 4, Article VII, Section 4-202, of the Federal Way City Code shall
be amended to read as follows:
4-202 Quarantine order.
Whenever the director of the Seattle-King County department of public health has cause to
suspect that an animal capable of transmitting rabies is infected with such disease, he or she shall
order a period of quarantine of not less than 10 days. The director of the Seattle-King County
department of public health shall notify in writing the owner or keeper of the infected animal of
such quarantine order. The infected animal shall be quarantined by the animal control authority
in its shelter or upon the premises of the owner or licensed veterinarian where conditions of
quarantine are strictly kept. The place of quarantine shall be at the discretion of the director of
the Seattle-King County department of public health, unless the animal had been exposed to
rabies by contact, in which case FWCC 4-205 shall apply. Delivery of a copy of such quarantine
order to some person of suitable age and discretion residing upon the premises where such
animal is found shall be notice of such quarantine. Good cause for such order of quarantine shall
Ordinance No. 08-
Page 14 of20
include, but is not limited to, evidence that such animal has bitten, or that there is reasonable
certainty that such animal has bitten, a human being. During the period of quarantine, the
officers, agents and employees of the animal control authority, and the other police officers, are
authorized to enter any premises for the purpose of apprehending any such animal and
impounding same, except where kept upon the premises of the owner or licensed veterinarian as
above provided.
(Ord. No. 90-30, S 34(A), 2-13-90; Ord. No. 92-153, S 48(A), 11-17-92)
SECTION 35. Chapter 4, Article VII, Section 4-203, of the Federal Way City Code shall
be amended to read as follows:
4-203 Notice of rabies hazard- Quarantine period.
Whenever the director of the Seattle-King County department of public health determines that
rabies is currently a hazard to the public health in the city by reason of the fact that a case of
rabies has been diagnosed in any animal, he or she shall cause a notice of such hazard to be
published in a newspaper of general circulation in the area for three successive days, which
determination and notice shall declare the quarantine period and area. The quarantine period
shall be 30 days after the last publication of notice; and it is a misdemeanor and is unlawful for
any owner, or person entitled to custody of such animal, to keep or harbor any animal capable of
transmitting rabies unless securely confined by a leash or tight enclosure from which it cannot
escape. Any animal capable of transmitting rabies found running at large during such period
shall be impounded and humanely destroyed by order of the director of the Seattle-King County
department of public health or his or her designee. If apprehension and impounding by safe
means is not possible, such animal may be destroyed summarily. Such director of the Seattle-
King County department of public health may extend any such quarantine period if deemed
necessary by like additional determinations and notices.
(Ord. No. 90-30, S 34(B), 2-13-90; Ord. No. 92-153, S 48(B), 11-17-92)
SECTION 36. Chapter 4, Article VII, Section 4-204, of the Federal Way City Code shall
be amended to read as follows:
4-204 Violation of quarantine.
It is unlawful for any owner or person charged with the custody of any animal subject to a
quarantine defined in this section under this article to permit any such animal to come in contact
with any other animal or person or to run at large or to be removed from any quarantine premises
without the consent of the director of the Seattle-King County department of public health ef
public health.
(Ord. No. 90-30, S 34(C), 2-13-90; Ord. No. 92-153, S 48(C), 11-17-92)
Ordinance No. 08-
Page 15 of20
SECTION 37. Chapter 4, Article VII, Section 4-205, of the Federal Way City Code shall
be amended to read as follows:
4-205 Destruction of infected animals.
Any animal bitten by an animal found to be rabid by appropriate laboratory tests shall be
destroyed by order of the director of the Seattle-King County department of public health ef
public health.
(Ord. No. 90-30, g 34(D), 2-13-90; Ord. No. 92-153, g 48(D), 11-17-92)
SECTION 38. Chapter 4, Article VII, Section 4-206, of the Federal Way City Code shall
be amended to read as follows:
4-206 Vaccination order.
Whenever the director of the Seattle-King County department of ?ublic health, by order
published in a newspaper of general circulation in the area for three successive days, determines
that conditions exist as indicated in FWCC 4-203 in a specified area wherein it is necessary for
the protection of the public health that animals capable of transmitting rabies be vaccinated
within 30 days with antirabies vaccine, he or she shall order that all such animals four months
old or over shall be so vaccinated or humanely destroyed at the option of the owner or keeper. It
is a misdemeanor and is unlawful for any owner, or person charged with the custody of such
animal, to fail or refuse to procure the vaccination within such time.
(Ord. No. 90-30, g 34(E), 2-13-90; Ord. No. 92-153, ~ 48(E), 11-17-92)
SECTION 39. Chapter 4, Article VIII, Section 4-226, of the Federal Way City Code shall
be amended to read as follows:
4-226 Authorized.
The director of animal control and his or her authorized representatives may apprehend impound
any animal deemed to be a public nuisance. subiect to cruel treatment. or as otherwise authorized
in this chapter. found doing any of the acts defined as public nuisances in FWCC iJjQ et seq. or
being subject to cruel treatment under this chapter. Except as otherwise provided in this chapter.
F\VCC .1.2, after such animals are apprehended, the animal control authority shall ascertain
whether they impounded animals are licensed; or otherwise identifiable. If reasonably possible,
Except as otherwise provided in this chapter. the animal control authority shall return the animal
to the owner together with a notice of violation of this chapter. if reasonably feasible. If an
animal is not returned it is not reasonably possible to immediately return a currently licensed
animal to its ovmer, the animal control authority shall notify the owner within a reasonable time
by regular mail or telephone that the animal has been impounded and may be redeemed. Any
currently licensed animal impounded pursuant to this article shall be held for the O\VHer at least
120 hours after telephone contact by the impounding agency or for at least two weeks after
posting of the notification of impoundment by regular mail; any other animal impounded
pursuant to this chapter shall be held for its owner at least 72 hOMs from the time of
impoundment.. If the animal control authority is unable to ascertain the animal's owner the
Ordinance No. 08-
Page 16 of20
animal shall be held at least 72 hours from the time of impoundment. The county shall not sell
any animals to research institutes or licensed dealers for research purposes. fJlY animal suffering
from serious injury or disease may be humanely destroyed, or, in the discretion ofthe
impounding authority, may be held for a longer period and redeemed by any person on payment
of charges not exceeding those prescribed herein.
(Ord. No. 90-30, S 21(A), 2-13-90; Ord. No. 92-153, S 3 1 (A), 11-17-92)
SECTION 40. Chapter 9, Article IV, Section 9-156, of the Federal Way City Code is
hereby repealed as follows:
9 ISh Definitions.
The definitions under Chapter 1. f.nimals. shall apply throughout this Artie1e.
(Ord. No. 90 30, ~ 2(C), (D), (H), (J), (K), (M), (P), (R), 2 13 90; Ord. No. 92 153, ~ 2, 11
17 92)
SECTION 41. Chapter 9, Article IV, Section 9-169.1, ofthe Federal Way City Code shall
be amended to read as follows:
9-169.1 Special hobby kennel license.
(a) Persons owning a total number of dogs and cats exceeding three, who do not meet the
requirements for a hobby kennel license, may be eligible for a special hobby kennel license to be
issued at no cost by the animal control authority which will allow them to retain the specific
animals then in their possession; provided, that the following conditions are met:
(1) The applicant must-apply have applied for the s~ecial hobby kennel license and individual
licenses for each dog and cat prior to December 1 i . 1992 within 30 days of the enactment of
Ordinance No. 92 153, or at the time they are contacted by an animal control offieer, King
County license inspector, King County pet license canvasser, or the city ofPederal 'Nay.
(2) The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a
commercial enterprise.
(b) The special hobby kennel license shall only be valid for those specific dogs and cats in the
possession of the applicant at the time of issuance, and is intended to allow pet owners to possess
animals beyond the limits imposed by this article and Chapter ~ FWCC until such time as the
death or transfer of such animals reduces the number possessed to the legal limit set forth in this
article and Chapter ~ FWCC.
(c) The director of animal control may deny any application for a special hobby kennel license
or revoke such license based on past or present animal control code violations by the applicant's
dogs and cats, or complaints from neighbors regarding the applicant's dogs and cats; or if the
animal( s) is maintained in inhumane conditions.
(Ord. No. 92-153, S 13, 11-17-92)
Ordinance No. 08-
Page 17 of20
SECTION 42. Chapter 9, Article IV, Section 9-186, of the Federal Way City Code shall
be amended to read as follows:
9-186 Hobby kennels or hobby cattery.
(a) Limitation on number of dogs and cats allowed. The director may limit the +he total
number of dogs and cats over six months of age kept by a hobby kennel or hobby cattery based
on the following guidelines:
(1) Animal size;
(2) Type and characteristics of the breed;
(3) The amount oflot area; provided, that the maximum number shall not exceed 25 where the
lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area
contains 35,000 square feet but less than five acres and the maximl:llI1 number shall not exeeed
five v/here the lot area is less than 35,000 square feet;
(4) The facility specifications/dimensions in which the dogs and cats are to be maintained;
(5) The zoning classification in which the hobby kennel or hobby cattery would be maintained.
(b) Limitation on reproduction. The hobby kennel or hobby cattery shall limit dog and cat
reproduction to no more than one litter per license year per female dog and two litters per license
year per female cat.
(c) Limitation on advertising. The hobby kennel or hobby cattery shall not have signs, displays
or other visual representations not already permitted in the zone.
(d) Immunization. Each dog and cat in the hobby kennel or hobby cattery shall have current
and proper immunization from disease according to the dog's and cat's species and age. Such
shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over
two months of age, and rabies inoculations for all dogs and cats over six months of age.
(e) License issuance and maintenance. Only when the director is satisfied that the
requirements of this chapter and King County Code Section 11.04.060(C)(1) through (5) have
been met, a hobby kennel or hobby cattery license may be issued. The license will continue in
full force throughout the license year unless, at any time, the hobby kennel or hobby cattery is
maintained in such a manner as to:
(1) Exceed the number of dogs and cats allowed at the hobby kennel or hobby cattery by the
animal control authority.
(2) Fail to comply with any of the requirements of King County Code Section 11.04.060(C)(I)
through (5).
(f) Compliance. All hobby kennel and hobby catteries shall comply with the provisions of
F'NCC 2.J.Q2, ~ through 9 190. this chapter and any applicable zoning regulations including
Chapter 19.260 FWRC.
(Ord. No. 90-30, S 10(B) - (G), 2-13-90; Ord. No. 92-153, S 12(B) - (G), 11-17-92)
SECTION 43. 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
Ordinance No. 08-
Page 18 of20
Council ofthe 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 44. 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 45. Corrections. The City Clerk and the codifiers ofthis 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 46. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 47. 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
, 200_
day of
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
Ordinance No. 08-
Page 19 of20
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.:
Ordinance No. 08-
Page 20 of 20
COUNCIL MEETING DATE: December 2nd, 2008
ITEM #:
7.c.
........_....._._.~_......._...._.....__...._......m......._...._.............__ ............_.........._.............._..............................._.._..................._ ...................................... m................-........................-....... ............---...-.....-..--........--.-..--..-......-..................--.... ........-........---.................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Amendments Relating To Criminal Law In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING CRIMINAL LAW IN THE
FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY
MEETING DATE: Nov. 10th, 2008
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: AARON
DEPUTY CITY ATTORNEY
DEPT: Law
See attached staff report.
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.
__________.____.._.____.?_.:_...Q~_ n~!..l!P.P!.ove the proposedg.!~!!!~~.~:__m_._.__._.___._.___'______'________
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL:
(fW
DIRECTOR APPROVAL: 1~
Committee
CKJil
COMMITTEE RECOMMENDATION: 0 f1*'~\'\... #--\
~J;;5~l&
'! C . Ch' -;J
/! ommlttee aIr
i
VPROPOSED COUNCIL MOTION: to forward the ordinance to a second reading for enactment on the
f!ff...~'~1f~ consent agenda ".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO CRIMINAL LAW
REPEALING SECTIONS, ADDING SECTIONS, AND AMENDING
SECTIONS IN CHAPTER 1, ARTICLE II; CHAPTER 5, ARTICLE VIII;
CHAPTER 6, ARTICLES 1,4,7,10, AND 12; CHAPTER 11, ARTICLE III;
CHAPTER 13, ARTICLES 6 AND 7, CHAPTER 14, CHAPTER 15,
CHAPTER 16, CHAPTER 17, AND CHAPTER 22 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
criminal provisions can be simplified and consolidated;
WHEREAS, adoption of certain state criminal procedures, a general adoption of state
misdemeanors, and adoption of certain criminal enforcement provisions would be beneficial to
the City and certain Code provisions need to be modified to match state law requirements in
areas of criminal procedure, firearms, massage practitioners;
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;
Ordinance No 08-
Page 1 of23
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 1, Article II, Section 1-13, of the Federal Way City Code shall be
amended to read as follows:
1-13 General penalty.
(a) Unless otherwise provided, any person violating any of the provisions or failing to comply
with any of the mandatory requirements ofthis Code or any ordinance ofthe city, or any rule or
regulation adopted by the city council pursuant thereto, shall be guilty of a misdemeanor. Except
in cases where a different punishment is prescribed by this Code or any ordinance ofthe eity, any
person convicted of a misdemeanor under this Code or the ordinances of the city shall be
punished by a fine not to exceed $1,000 or imprisonment for a period of not more than 90 days
or by both such fine and imprisonment.
(b) This section shall not preclude and shall be deemed to be in addition to administrati'le and
civil remedies as may be set forth in this Code or ordinances of the city, including bl:lt not limited
to F'NCC 1 14 through 1 25. Enforcement under this section, or any criminal enforcement,
proceedings, or sanctions of any Code provision, is in addition to and does not preclude or limit
any other forms of enforcement available to the City including, but not limited to, enforcement
under any provision of Chapter 1.15 FWRC. nuisance actions. actions for iniunctions. or any
other civil or equitable actions to abate. discontinue. correct. or discourage unlawful acts in
violation ofthis Code.
(c) Each and every day during any portion of which a violation of any of the proyisions of this
Code or the ordinances of the city is eommitted and occurs or continues shall be deemed to be is
a separate offense.
SECTION 2. Chapter 4, Article I, Section 4-15 of the Federal Way City Code is hereby
repealed as follows:
4 15 Unlawful aets against poliee department dogs Penalty far violation.
(a) No person shall wilfully torment, torture, beat, kick, strike or harass any dog used by a police
department for police work, or otherwise interfere '.vith the use of any such dog for poliee work
by said department or its offieers or members.
(b) Any person v.'ho yiolates subsection (a) of this section shall be deemed guilty of a
misdemeanor, punishable by not more than 90 days in jail or not more than $250.00 fine, or both.
SECTION 3. Chapter 5, Article VIII, Section 5-219, of the Federal Way City Code
(FWRC 13.40.030) is hereby repealed as follows:
5 219 Violations and penalties.
,^illy person violating any of the proyisions of this Code shall be deemed guilty of a
misdemeanor, and each such person shall be deemed guilty of a separate offense for each and
Ordinance No 08-
Page 2 of23
every day, or portion thereof, during which any violation of any of the proyisions of this article is
committed, continued, or permitted, and upon conviction of any such violation such person shall
be punishable as provided in FWCC l.Jl. (Ord. No. 90 56, ~ 8,5 1 90; Ord. No. 95 234, ~ 1,6
6--9B
SECTION 4. Chapter 6, Article I, Section 6-7, of the Federal Way City Code (FWRC
6.05.070) shall be amended to read as follows:
6-7 Penalty.
(a) Unless otherwise provided, any +\By person convicted of a gross misdemeanor shall be
punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed one
year, or by both such fine and imprisonment.
(b) Unless otherwise provided, any person convicted of violating the pro'/isions of this
chapter shall be guilty of a misdemeanor ami shall be punished by a fine not to exceed $1,000 or
by imprisonment in j ail for a term not to exceed 90 days, or by both such fine and imprisonment.
(c) A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50
RCW adopted by reference shall be punished by imprisonment for not less than 24 consecutive
hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine
shall not be less than $500.00. These fines shall be in addition to any other fine or penalty
imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a
substantial risk to the defendant's physical or mental well-being or that local jail facilities are in
an overcrowded condition, the minimum term of imprisonment shall not be suspended or
deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a
minimum of 40 hours of community service. If a minimum term of imprisonment is suspended
or deferred, the court shall state in writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended or deferred.
SECTION 5. Chapter 6, Article I, Section 6-8, of the Federal Way City Code shall be
amended to read as follows:
6-8 Adoption of Statutes. Construction.
.Ql.In adopting the state statutes by reference, only those crimes and offenses within the
jurisdiction of a municipality are intended to be adopted and, in those sections adopted which
deal with both misdemeanors and felonies, only the language applicable to misdemeanors and
gross misdemeanors is to be applied (including to the extent that an anticipatory offense would
be a misdemeanor or gross misdemeanor). By adopting state statutes, the city intends to assume
iurisdiction over and become the iurisdictional authority for the enforcement and prosecution of
misdemeanor and gross misdemeanor crimes. Whenever the word state shall appear in any
statute adopted by reference in this chapter, the word city shall be substituted; l'rovided,
however, the term city shall not be substituted for the term state in those circumstances that set
forth administrative or licensing duties of the state and its subdivisions. Whenever a state statute
specifically adopted in this chapter refers to another state statute not specifically adopted in this
chapter, the statute referred to shall be given the force and effect necessary to enforce the statute
Ordinance No 08-
Page 3 of23
specifically adopted in this chapter. When issuing a citation. information. or complaint for the
violation of any section of the RCW adopted by this chapter. it shall be sufficient for a
commissioned officer or prosecutor to cite to and refer to the RCW section number.
(2) With the exception of the RCW sections set forth in subsection (4) of this section or other
RCW sections that are otherwise specifically disavowed in this Code. all RCW sections that
constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the
investigation. arrest. prosecution. sentencing. confinement. and enforcement of misdemeanors
and gross misdemeanors are hereby adopted by reference. and shall be given the same force and
effect as if set forth herein in full. The fact that sections of this Code adopt by reference specific
sections of the RCW shall not affect this section. Sections of the Code that specifically recite
that sections of the RCW are not adopted or do not apply shall control over this section.
(3) All class C felony crimes set forth in the RCW are hereby adopted by reference for
the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth
in Chapter 9A.28 RCW. The adoption of class C felonies shall be subject to the provisions
of subsection (1) and (2) of this section.
(4) The following RcW sections are specifically not adopted:
(a) RCW 9A.16.11 0 Defending against violent crime - Reimbursement.
(5) If any chapter. section. subsection. sentence. or provision of this title. or its application to
any person or circumstance is held invalid. the remainder of this title. or the application of the
chapter. section. subsection. sentence. or provision to other persons or circumstances is not
affected. and to this end. the chapters. sections. subsections. sentences and provisions of this title
are declared to be severable.
(6) The provisions of this title are intended to create a duty to the public in general and not to
create any duty to individuals or to any particular class of individuals. These provisions are not
for the protection of any person or class of persons.
SECTION 6. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-10 RCW Title 10. entitled "Criminal Procedure" - Adoption bv reference.
The following RCW sections are adopted by reference:
(1) RCWI0.14.120 Disobedience of order - Penalties.
(2) RCWIO.14.170 Criminal venalty.
(3) RCW 10.31.030 Service - How - Warrant not in possession. procedure - Bail.
(4) RCW 10.31.040 Officer may break and enter.
(5) RCW 10.31.050 Officer may use force.
(6) RCW 10.31.060 Arrest by telegraph or teletype.
(7) RCW 10.31.100 Arrest without warrant.
(8) RCW 10.99.010 Purpose - Intent.
(9) RCW 10.99.020 Definitions.
(10) RCW 10.99.030 Law enforcement officers - Training. powers. duties - Domestic
violence reports.
(11) RCW 10.99.040 Duties of court - No-contact order.
(12) RCW 10.99.045 Appearances by defendant - No-contact order.
Ordinance No 08-
Page 4 of23
(13) RCW 10.99.050 Victim contact - Restriction, prohibition - Violation, penalties-
Written order - Procedures - Notice of change.
(14) RCW 10.99.055 Enforcement of orders.
(15) RCW 10.99.060 Prosecutor's notice to victim - Description of available procedures.
(16) RCW 10.99.070 Liability of peace officers.
SECTION 7. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-11 Bail forfeiture
A court may accept. in an amount and through a process agreed to by the parties, a forfeiture of
bail as a final disposition of a criminal charge or an infraction under this Code when agreed to by
both the prosecutor and the defendant or respondent. A court may accept a forfeiture of bail as a
final disposition of a criminal charge under this Code when the defendant fails to respond to a
notice or summons to appear, having previously posted a bail amount; one year has passed: and
the prosecutor agrees.
SECTION 8. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-12 Probation violations.
It is a misdemeanor for any person who has been convicted of a criminal offense, and has
been placed, and remains, on probation in connection with a suspended or deferred sentence
by a court to knowingly violate any provision of a court's probation order.
SECTION 9. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-13 Jurisdiction
The following persons are subiect to l'unishment:
1. A person who commits in the city any crime as defined by ordinance, in whole or part:
2. A person who commits out of the city any act which. if committed within it would be theft
and is afterward found in the city with any of the stolen property:
3. A person who being out of the city, counsels. causes. procures. aids. or abets another to
" commit a crime in the city:
4. A person who commits an act without the city which affects persons or property within the
city which, if committed within the city. would be a crime.
SECTION 10. Chapter 6, Article IV, Section 6-86, ofthe Federal Way City Code (FWRC
6.10.040) shall be amended to read as follows:
6-86 Statutes adopted.
Ordinance No 08-
Page 5 of23
The following state statutes, ineluding all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 69.41.020, Prohibited acts - Information not privileged communication.
(2) RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or
order prohibited - Exceptions.
(3) RCW 69.41.040, Prescription requirements - Penalty.
(4) RCW 69.41.050, Labelling requirements.
(5) RCW 69.41.320, Practitioners - Restricted use - Medical records.
(6) RCW 69.41.350, Penalties.
(7) RCW 69.43.105, Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions
- Exceptions - Penalty.
(8) RCW 69.43.010, Report to state board of pharmacy - List of substances - Modification
of list - Identification of purchasers - Report of transactions - Penalties.
(9) RCW 69.43.020, Receipt of substance from source outside state - Report - Penalty.
(10) RCW 69.43.030, Exemptions.
(11) RCW 69.43.035, Suspicious transactions - Report - Penalty.
(12) RCW 69.43.043, Recordkeeping requirements - Penalty.
(13) RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance - Exemptions -
Application for permit - Fee - Renewa1- Penalty.
(14) RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions
- Penalty.
(15) RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine - Possession of
more than fifteen grams - Penalty - Exceptions.
(16) RCW 69.43.170, Ephedrine, pseudoephedrine, phenylpropanolamine - Pilot project to
record retail transactions - Penalty.
(17) RCW 69.50.101, Definitions.
(18) RCW 69.50.204(d)(13), Schedule I Marijaana.
(19) RCW 69.50.309, Containers.
(20) RCW 69.50.4014, Possession of forty grams or less of marijuana- Penalty.
(21) RCW 69.50.412, Prohibited acts: E - Penalties.
(22) RCW 69.50.505, Seizure and forfeiture.
(23) RCW 69.50.506, Burden of proof.
(24) RCW 69.50.509, Search and seizure of controlled substances.
(Ord. No. 91-89, ~ 1(9.14.010),3-5-91; Ord. No. 99-362, ~ 2, 12-21-99; Ord. No. 02-429, ~
4, 11-19-02; Ord. No. 04-458, ~ 3,2-3-04; Ord. No. 04-463, ~ 2, 8-3-04; Ord. No. 05-508, ~ 1,
11-1-05)
SECTION 11. Chapter 6, Article IV, Section 6-91, ofthe Federal Way City Code (FWRC
6.10.090) shall be amended to read as follows:
6-91 Drug-related loitering.
(a) It is unlawful for any person to loiter in or near any thoroughfare, place open to the public,
or near any public or private place in a manner and under circumstances manifesting the intent to
engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or
69.52 RCW.
Ordinance No 08-
Page 60f23
(b) Among circumstances which may be considered to determine whether such intent is
manifested are:
(1) Such person is known to use, possess, or sell illegal drugs. For purposes of this chapter,
a "person known to use, possess, or sell illegal drugs" is a person who has been convicted in any
court within this state of any violation involving the use, possession or sale of any of the
substances referred to in Chapters 69.41, 69.50, and 69.52 RCW, or substantially similar laws of
any political subdivision of this state or of any other state; or a person who displays physical
characteristics of drug intoxication or usage, such as "needle tracks"; or a person who possesses
drug paraphernalia as defined in FWCC 6-88;
(2) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is
about to engage in or is engaged in an unlawful drug-related activity, including but not limited to
acting as a "lookout";
(3) Such person is physically identified by the officer as a member of a "gang" or
association which has as its purpose illegal drug activity;
(4) Such person transfers small objects or packages for currency in a furtive fashion;
(5) Such person takes flight upon the appearance of a police officer;
(6) Such person manifestly endeavors to conceal himself or herself or any object which
reasonably could be involved in an unlawful drug-related activity;
(7) The area or premises involved is known by law enforcement to be an area of unlawful
drug use and trafficking, known either by public reputation or by reports to law enforcement of
suspected drug activity pursuant to Chapter 69.52 RCW;
(8) Any vehicle involved is registered to a person known to use, possess or sell illegal
drugs, or a person for whom there is an outstanding warrant for a crime involving drug-related
activity.
(c) Any person who violates the provisions of this section is guilty of a misdemeanor aREl,
upon eonviction, shall be imprisoned for lip to 90 days and be subjeet to a fine for not more than
$1,000.
(Ord. No. 06-518, ~ 1,3-7-06)
SECTION 12. Chapter 6, Article VII, Section 6-161, of the Federal Way City Code
(FWRC 6.40.010) shall be amended to read as follows:
6-161 Frauds and swindles.
The following state statutes, ineluding all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.04.010, False adyertising.
(2) RCW 9.12.010, Barratry.
(3) RCW 9.12.020, Buying, demanding, or promising reward by district judge or deputy.
(4) RCW 9.45.060, Encumbered, leased or rented personal property.
(5) RCW 9.45.070, Mock auctions.
(6) RCW 9.45.080, Fraudulent removal of property.
(7) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(8) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(9) RCW 9.26A.120, Fraud in operating coin-box telephone or other receptacle.
(10) RCW 9.26A.130, Penalty for manufacture or sale of slugs to be used for coin.
Ordinance No 08-
Page 70f23
(11) RCW 9A.56.330, Possession of another's identification.
(12) RCW 9.60.010, Definitions.
(13) RCW 9A.60.040, Criminal impersonation in the first degree.
(14) RCW 9A.60.045, Criminal impersonation in the second degree.
(15) RCW 9A.60.050, False certification.
(16) ReV! 19.18.110, Obtaining hotel, rostaurant, lodging house, ski area, etc.,
accommodations by fraud Penalty.
fl-+t-RCW 74.08.331, Unlawful practices - Obtaining assistance - Disposal of realty -
Penalties.
(Ord. No. 91-89, ~ 1(9.22.010),3-5-91; Ord. No. 95-254, ~ I, 12-5-95; Ord. No. 00-374, ~ 4,
9-19-00; Ord. No. 04-458, ~ 4, 2-3-04; Ord. No. 04-463, ~ 3, 8-3-04)
SECTION 13. Chapter 6, Article VI, Section 6-138, ofthe Federal Way City Code shall
be amended to read as follows:
6-138 Weapons prohibited on liquor sale premises.
(a) It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages
are dispensed by the drink to:
(1) Carry in any manner any firearm, rifle or handgun, whether such person has a license or
permit to carry such firearm or not, and whether such firearm is concealed or not in that portion
of an establishment classified by the state liquor control board as off-limits to persons under 21
years of age;
(2) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a
length of three inches or more, or any razor with an unguarded blade, whether such weapon or
instrument is concealed or not;
(3) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing
star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or
combination thereof including a device known as numchuk sticks, or any like device having the
same or similar components or parts, whether or not connected by a rope, chain or other device,
or any explosive or any poison or injurious gas, or any other instrument or weapon apparently
capable of producing bodily harm, whether such instrument or weapon is concealed or not.
(b) The provisions of subsection (a) ofthis section shall not apply to or affect the following:
(1) Any lawful act committed by a person while in his or her fixed place of business;
(2) Any person who by virtue of his or her office or public employment is vested by law with a
duty to preserve public safety, maintain public order, or to make arrests for offenses, whether
during regular duty hours or not; or
(3) Any person making or assisting in making a lawful arrest for the commission of a felony.
(c) Upon conviction, the weapon or instrument involved may be confiscated by order of the court
and shall thereafter be disposed of in accordance with statutes or ordinances governing the
disposal of confiscated or found property.
(Ord. No. 91-89, ~ 1(9.20.030),3-5-91)
Ordinance No 08-
Page 80f23
SECTION 14. Chapter 6, Article VI, Section 6-139, ofthe Federal Way City Code shall
be amended to read as follows:
6-139 Firearms prohibited in certain places - Exceptions - Penalty.
(a) It is unlawful for any person to enter the following places when he or she knowingly
possesses or knowingly has under his or her control a firearm:
(1) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the
confinement of a person:
a. Arrested for, charged with, or convicted of an offense;
b. Charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020;
c. Held for extradition or as a material witness; or
d. Otherwise confined pursuant to an order of a court, except an order under Chapter 13.32A or
13.34 RCW.
Restricted access areas do not include common areas of egress or ingress open to the general
public.
Exception. This subsection does not apply to a person licensed pursuant to RCW 9.41.070 who,
upon entering the place or facility, directly and promptly proceeds to the administrator of the
facility or the administrator's designee and obtains written permission to possess the firearm
while on the premises or checks his or her firearm. The person may reclaim the firearms upon
leaving but must immediately and directly depart from the place or facility.
(2) A courtroom or judge's chamber, while either is being used for any judicial proceeding. This
does not include common areas of egress and ingress of the courthouse.
Exception. This subsection does not apply to a judge or court employee or to any person licensed
under RCW 9.41.070 who, before entering the restricted area, directly and promptly proceeds to
the court administrator or the administrator's designee and obtains written permission to possess
the firearm.
(3) The restricted access areas of a public mental health facility certified by the department of
social and health services for inpatient hospital care and state institutions for the care of the
mentally ill, excluding those facilities solely for evaluation and treatment. Restricted areas do not
include common areas of egress and ingress open to the general public.
Exception. This subsection does not apply to any administrator or employee of the facility or to
any person who, upon entering the place or facility, directly and promptly proceeds to the
administrator of the facility or the administrator's designee and obtains written permission to
possess the firearm while on the premises.
(4) That portion of an establishment classified by the state liquor control board as off-limits to
persons under 21 years of age.
Exception. This subsection does not apply to the proprietor of the premises or his or her
employees while engaged in their employment.
(5) The council chambers of the city council.
(b) The provisions of this section do not apply to:
(1) A person engaged in military activities sponsored by the federal or state governments while
engaged in official duties;
(2) Law enforcement personnel; or
(3) Security personnel while engaged in official duties.
(c) Any person violating this section is guilty of a ~misdemeanor.
Ordinance No 08-
Page 9 of 23
SECTION 15. Chapter 6, Article VI, Section 6-140, of the Federal Way City Code shall
be amended to read as follows:
6-140 Discharge of firearms prohibited.
(a) It is unlawful for any person to knowingly discharge a firearm where there is a reasonable
likelihood of ieopardy to people. property. or animals within the city.
(b) The provisions ofthis section do not apply to:
(1) A person engaged in military activities sponsored by the federal or state governments, while
engaged in official duties;
(2) Law enforcement personnel; or
(3) Security personnel while engaged in official duties;
(4) A person utilizing a properly licensed instructional, membership and/or commercial shooting
range.
(Ord. No. 91-89, ~ 1(9.20.050),3-5-91)
SECTION 16. Chapter 6, Article VII, Section 6-163, of the Federal Way City Code shall
be amended to read as follows
6-163 Forgery, nonfelony.
(a) A person is guilty of forgery, nonfe10ny, if, with intent to injure or defraud:
(1) He falsely makes, completes, or alters a written instrument; or
(2) He possesses, utters, offers, disposes of, or puts off as true a written instrument that he
knows to be forged; or
(3) The total amount ofloss by the victims of the forgery is less than $10600.00.
(b) Forgery, nonfelony, is a gross misdemeanor.
(c) This section is intended to supplement city jurisdiction in cases of forgery declined by the
county. If a person is charged with forgery under state law for a particular incident, they shall not
be charged under this section. If a state agency wishes to charge a forgery case under state law
the city shall dismiss its case to allow that to happen.
(Ord. No. 02-429, ~ 5, 11-19-02)
SECTION 17. A new section is added to Chapter 6, Article VII, of the Federal Way City
Code (FWRC 6.40.050) to read as follows:
6-165 rFWRC 6.40.0501 Massa2e practitioners.
It shall be unlawful for any person to practice or represent himself or herself as a massage
practitioner without first app1ving for and receiving a license to practice from the State
Department of Licensing. RCW 18.108.190 is adopted by reference. To the extent authorized
by RCW 18.108.190. city law enforcement officers shall have the authority to inspect the
premises of any business where massages are given. Failure to have a license as required by this
section is a misdemeanor.
Ordinance No 08-
Page 10 of23
SECTION 18. A new section is added to Chapter 6, Article VII, of the Federal Way City
Code (FWRC 6.40.060) to read as follows:
6-166rFWRC 6.40.0601 Crimes involvin!! business re!!ulations
The following state statutes are adopted by reference:
(1) RCW 19.48.110. Obtaining hotel. restaurant. lodging house. ski area. etc.,
accommodations by fraud - Penalty
(2) RCW 19.60.066, Prohibited acts - Penalty.
SECTION 19. A new section is added to Chapter 6, Article VII, ofthe Federal Way City
Code (FWRC 6.40.070) to read as follows:
6-167 rFWRC 6.40.0701 Crimes involvin!! pawnbrokers and secondhand dealers.
Every pawnbroker or secondhand dealer and every clerk, agent or employee of such pawnbroker
or secondhand dealer. who commits the following acts is guilty of a misdemeanor:
(1) Falsifies, obliterates. destroys or removes from his or her place of business such book or
record:
(2) Refuses to allow a representative ofthe law enforcement authority for the city to inspect the
same. or any goods in his or her possession. during the ordinary hours of business:
(3) Reports any material falsely to the law enforcement authority for the city:
(4) Fails before close of business on the first day of the week to furnish the law enforcement
authority for the city with a full, true and correct transcript of the record of all transactions had
during the past business week:
(5) Fails to report forthwith to the law enforcement authority for the city that possession of any
property which he or she may have good cause to believe has been lost or stolen. together with
the name ofthe owner, ifknown. and the date when received, and the name of the person from
whom the same was received:
(6) Removes or allows to be remoyed from his or her place of business except upon redemption
by the owner thereof. any property received within five years after receipt thereof has been
reported to the law enforcement authority for the city:
(7) Receives any property from any person which he or she has good cause to believe is lost or
stolen:
(8) Refuses to return property which has been identified as stolen or pawned without
authorization, to any person the pawnbroker, a clerk or employee knows to be the rightful owner,
or to charge a fee for the return of such property to the rightful owner:
(9) Violates any provision ofFWCC Chapter 9. Article V rFWRC Chapter 12.151 by an act of
either omission or commission.
Ordinance No 08-
Page 11 of23
SECTION 20. A new section is added to Chapter 6, Article VIII, of the Federal Way City
Code to read as follows:
6-194 Violation of no contact and protection orders.
It is a gross misdemeanor to wilfully disobey a temporary or permanent no contact or protection
order issued pursuant to Chapter 10.99 RCW or Chapter 26.50 RCW.
SECTION 21. Chapter 6, Article X, Section 6-236, of the Federal Way City Code
(FWRC 6.45.010) shall be amended to read as follows:
6-236 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
The following words, terms and phrases, when used in this article, shall ha';e the meanings
ascribed to them in this section, e-xcept v;here the conte-xt dearly indieates a different meaning:
Act of prostitution or prostitution means shaH mean engaging, offering to engage, or agreeing to
engage in sexual contact or sexual conduct with any person in return for a fee.
Actor means shall mean a person who engages in conduct in violation of this article.
Exposed means shall mean the state of being revealed, exhibited or otherwise rendered to public
VIew.
Expressive dance means shall mean any dance which, when considered in the context of the
entire performance, constitutes an expression of theme, story, or ideas, but excluding any dance
such as, but not limited to, common barroom-type topless dancing which, when considered in the
context of the entire performance, is presented primarily as a means of displaying nudity as a
sales device or for other commercial exploitation without substantial expression of theme, story
or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently
offensive way and lacks serious literary, artistic, political or scientific value.
Fee means shall mean money, any negotiable instrument, any good or service having value, or
any other consideration.
Known prostitute or panderer means shaH mean a person who, within one year prior to the date
of arrest for a violation of this article, has been convicted of violating a criminal violation of any
ordinance or law of any jurisdiction within the state of defining and punishing prohibiting acts of
soliciting, committin& or offering or agreeing to commit prostitution.
Person shall mean and include natural persons of either sex, firms, eorporations and all
associations of natural persons, v/hether acting by themselves or by an agent, servant or
employee.
Sexual conduct means shall mean:
(1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however
slight;
(2) Any penetration of the vagina or anus, however slight, by an object, when committed on
one person by another, whether such persons are of the same or opposite sex, except when such
penetration is accomplished for medically recognized treatment or diagnostic purposes;
(3) Any act of sexual contact between persons involving the sex organs of one person and the
mouth or anus of another whether such persons are of the same or opposite sex; and
Ordinance No 08-
Page 12 of23
(4) Masturbation, manual or instrumental, of one person by another.
Sexual contact means shall mean any touching of the sexual or other intimate parts of a person
done for the purpose of gratifying sexual desire of either party.
(Ord. No. 90-53, ~ 1,4-17-90; Ord. No. 91-89, ~ 1(9.30.010),3-5-91; Ord. No. 91-94, ~ 1,5-7-
91)
SECTION 22. Chapter 6, Article X, Section 6-237, of the Federal Way City Code
(FWRC 6.45.020) shall be amended to read as follows:
6-237 Indecent exposure.
(a) A person is guilty of indecent exposure if he or she intentionally makes any open and
obscene exposure of his person or her person or the person of another knowing that such conduct
is likely to cause reasonable affront or alarm. The act of breast-feeding or expressing breast milk
is not indecent exposure.
(b) Indecent exposure to a person under the age of 14 years is a gross misdemeanor.
(c) Indecent exposure to a person aged 14 years or older is a misdemeanor.
(d) For purposes of this section. "obscene exposure" includes. but is not limited to:
(1) Exposure of any portion of the human anus or genitals:
(2) Exposure of any portion of the female breast lower than the upper edge of the areola:
(3) Exposure consisting oftouching. caressing or fondling of the male or female genitals
or female breasts. whether clothed or unclothed:
(4) Exposure consisting of masturbation:
(5) A public urination or defecation in a place other than a restroom.
(Ord. No. 91-89, 9 1(9.30.020), 3-5-91; Ord. No. 00-374, 9 8, 9-19-00; Ord. No. 02-429, ~ 7,
11-19-02)
SECTION 23. Chapter 6, Article X, Section 6-239, of the Federal Way City Code
(FWRC 6.45.040) shall be amended to read as follows:
6-239 Prostitution - Unlawful acts - Penalty.
(a) It is unlawful for anyone to:
(1) Intentionally engage in or offer or agree to engage in an act of prostitution;
(2) Intentionally secure or offer to secure another person for the purpose of engaging in an act of
prostitution;
(3) Intentionally transport a person into or within the city with the purpose of promoting that
person's engaging in an act of prostitution, or procuring or paying for transportation with that
purpose;
(4) Intentionally receive, offer or agree to receive a person into any place or building for the
purpose of performing an act of prostitution, or to knowingly permit a person to remain there for
any such purpose;
(5) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution;
(6) Intentionally in any way aid, abet or participate in an act of prostitution;
(7) Remain in or near any street, sidewalk, alleyway or other place open to the public with the
intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of
Ordinance No 08-
Page 13 0123
prostitution. Among the circumstances which may be considered in determining whether the
actor intends such prohibited conduct are:
a. The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in
conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving
of arms or any other bodily gesture;
b. The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to
stop pedestrians;
c. The actor inquires whether a potential patron, procurer or prostitute is a police officer,
searches for articles that would identify a police officer, or requests the touching or exposing of
genitals or female breasts to prove that the person is not a police officer;
(8) Intentionally enter or remain in any area of prostitution in violation of a condition of
sentence;
(9) Intentionally permitting prostitution if, having possession or control of premises which he
knows are being used for prostitution purposes, he fails without lawful excuse to make
reasonable effort to halt or abate such use.
(b) Prostitution or permitting prostitution A violation of any part of this section is a
misdemeanor. '
SECTION 24. Chapter 6, Article X, Section 6-240, of the Federal Way City Code is
hereby repealed as follows:
6 240 ProstitutioB ProlJatioB violatioBs.
(a) i\S used in this section, "probationer" means any person who, after cmwiction of a '/iolation
of this article, King County Code Chapter 12.63~ or Chapter 9}~.88 RCV1, or has been placed on
probation in connection v/ith the suspension or def-erral of sentence by either a district or
munieipa1 court of this county or the county superior court.
(b) \Vhene'/er a police offieer shall have probable cause to belieye that a probationer, prior to the
termination of the period of his or her probation, is, in such officer's presence, ';iolating or
failing to comply with any requirement or restriction imposed by the eourt as a condition of such
probation, such officer may cause the probationer to be brought before the eourt v.'herein
sentenee was deferred or suspended, and for such purpose such police officer may arrest such
probationer without warrant or other process.
SECTION 25. Chapter 6, Article X, Section 6-242, of the Federal Way City Code shall
be amended to read as follows:
6-242 Patronizing a prostitute.
A person is guilty of the misdemeanor of patronizing a prostitute if:
(1) Pursuant to a prior understanding he or she intentionally pays a fee to another person as
compensation for such person or a third person having engaged in sexual conduct or sexual
contact with him or her;
(2) He or she intentionally pays or agrees to pay a fee to another person pursuant to an
understanding that in return therefor exchange such person or a third person will engage in
sexual conduct or sexual contact with him or her; or
Ordinance No 08-
Page 14 of23
(3) He or she intentionally solicits or requests another person to engage in sexual conduct or
sexual contact with him or her or a third person in return for a fee.
SECTION 26. Chapter 6, Article X, Section 6-246, of the Federal Way City Code shall
be amended to read as follows:
6-246 Stay out of areas of prostitution orders.
(aD Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued
by the Federal Way municipal court to anyone charged with or convicted of prostitution or
permitting prostitution under FWCC 6-239, patronizing a prostitute under FWCC 6-242. or a
criminal violation of any ordinance or law of any iurisdiction within the state prohibiting acts of
soliciting. committing, or offering or agreeing to commit prostitution. as a condition of pre-trial
release, as a condition of a diversion agreement. or as a condition of sentence or other post-
conviction disposition.
(b) SOAP orders may be issued by the Federal VIray mWlicipal court to anyone cOlT/icted of
prostitution or permitting prostitution under F\VCC 6 239.
(c) \Vhenever a police officer shall have ~probaD1e cause to De1ie'/e that a f)erson has received
a SOAP order as a pre trial release or a condition of sentence, and the violation or failure to
complY'Nith any requirement or restrietion imposed by the eourt as a condition of such pre trial
release or condition of sentence is observed by the officer, such offieer may arrest the violator
without warrant or other process for '/iolation of the SOAP order pursuant to subsection (g) of
this section, and bring such person before the eourt issuing the order.
(d) The illASOAP order shall warn the person named in the order to stay out of the following
"high risk prostitution area". in substantially similar form:
The entire area which extends 1,000 feet east ofthe eastern edge of the right-of-way of State
Route 99, and 1,000 feet west of the western edge of the right-of-way of State Route 99, and
including the entire right-of-way of State Route 99, also known as Pacific Highway, throughout
the city limits of Federal Way as shown on the map attached to the ordinance codified in this
section as an exhibit and on file with the city clerk's office. (This shall extend from the
northmost city line to the southmost city line.)
(3) The written SOAP order shall contain the court's directiye and shall bear the legend. in
substantially similar form: "Violation of this order is a criminal offense under FWCC 6-236 and
will subiect the violator to arrest."
(4) A SOAP order may allow the person named to cross the high risk prostitution area while
traveling directly across from east to west or west to east without stopping, and only to the extent
necessary to facilitate travel from one area outside the high risk prostitution area to another.
#ill A person is deemed to have notice of the SOAP order when:
fB.uu The signature of the person named in the order or his/her attorney is affixed to the bottom
of the order, signifying that he/she has read the order and has knowledge ofthe contents ofthe
order; or
~Dll The order recites that the person named in the order or the person's attorney appeared in
person before the court.
(f) The written SOAP order shall contain the court's directive and shall bear the legend:
"Violation ofthis order is a criminal offense Wlder F'NCC 6 236 and will subject the violator to
arrest. "
Ordinance No 08-
Page 15 of23
(g) 'Nhene'/er a SO,'\P order is isslied under this section, and the person named in the order
knows of the order, a (6) A knowing violation ofthe provisions of the a SOAP order is a
misdemeanor.
SECTION 27. A new section is added to Chapter 6, Article XI, of the Federal Way City
Code to read as follows:
6-273 Unlawful acts a!!ainst police department animal- Penalty for violation.
No person shall willfully hit. kick, strike. iniure, harass. obstruct. or otherwise interfere with the
use of any animal used by a police department for police work. Any person who violates this
section is guilty of a misdemeanor.
SECTION 28. Chapter 6, Article XII, Section 6-291, of the Federal Way City Code
(FWRC 6.55.010) shall be amended to read as follows:
6-291 Disorderly conduct.
RCW 9A.84.030, inclliding all future amendments, additions or deletions is adopted by
reference. (Ord. No. 91-89, ~ 1(9.34.010),3-5-91; Ord. No. 00-374, ~ 15,9-19-00) 07-561
SECTION 29. A new section is added to Chapter 6, Article XII, of the Federal Way City
Code (FWRC 6.55.055) to read as follows:
6-296 rFWRC 6.55.0551 Disorderlv conduct in a Dark.
A person is guilty of disorderly conduct in a park ifhe or she. while in a public park:
(1) Intentionally and without lawful authority makes noise which unreasonably disturbs
others:
(2) Intentionally engages in any conduct which tends to or does disturb the public peace.
provoke disorder or endanger the safety of others:
(3) Challenges another person to fight. or fights by agreement. except as part of an organized
athletic event: or
(4) Fails to leave a park when directed to do so by a City of Federal Way parks employee or a
police officer.
SECTION 30. Chapter 11, Article III, Section 11-69, of the Federal Way City Code is
hereby repealed as follows:
11 (i9 Disorderly eondue!.
f.. person is guilty of disorderly conduct in a park ifhe or she:
(1) Uses abusive language and thereby intentionally creates a risk of assault;
(2) Intentionally disrupts any lawful assembly or meeting of persons without alithority;
(3) Intentionally obstructs vehiclilar or pedestrian traffic without lawful authority;
Ordinance No 08-
Page 16 of23
(4) Intentionally and without lav/fu1 authority makes noise y;hich unreasonably disturbs
others;
(5) Intentionally engages in any condliet ':/hich tends to or does disturb the public peace,
pro'/oke disorder or endanger the safety of others;
(6) Challenges another person to fight, or fights by agreement, except as part of an organized
athletic event; or
(7) Fails to leave a park v/hen directed to do so by a city of Federal 'Nay parks employee or a
police officer. (Ord. No. 91 82, ~ 1(9)(1\), 1 8 91; Ord. No. 01 396, ~ 6, 7 3 01)
SECTION 31. Chapter 11, Article III, Section 11-70, of the Federal Way City Code is
hereby repealed as follows:
11 70 Unlawful pub lie exposure.
(a) It is unlav,'fu1 for any person to intentionally commit any aet constituting unlawful public
exposure of his or her person or the person of another. Un1av/ful pablic 0-xposure is a
misdemeanor, unless such person oxposes himself or herselfto a person nnder the age of 11
years, in which case the off-ense is a gross misdemeanor.
(b) For the purposes of this section, the phrase "unlawful pub lie exposure" means:
(1) }.. public exposure of any portion of the human anus or genitals;
(2) f.. plib1ic e:xposure of any portion of the female breast lower than the upper edge of the areola;
(3) f.. public exposure consisting of touching, caressing or fondling of the male or female gef1ita1s
or female breasts, whether clothed or nnclothed;
(4) ~A.. public exposure consisting of masturbation;
(5) f.. public urination or defecation in a place other than a restroom. (Ord. No. 91 82, ~ 1(9)(B),
1 8 91; Ord. No. 01 396, ~ 7, 7 3 01)
SECTION 32. Chapter 11, Article III, Section 11-72, of the Federal Way City Code shall
be amended to read as follows:
11-72 Firearms and fireworks. Fireworks. explosives. and proiectile weapons
Firearms, The possession or use of fireworks, bows, arrows~ airguns. explosives of any kind, and
sling-shots are~prohibited in any park. It is unlawful to shoot, fire or e:xp10de any firearms,
fir6':iorks, firecracker, torpedo or explosive of any kind or carry any firearms or to shoot or fire
any airgun, bows, and arrow's, BB gun or use any slingshat in any park. The director of parks
may issue permits for fireworks displays and the use of safe fireworks in specified areas where
fire hazards will not be increased~ and where the use of the fireworks will be under proper
supervision~ and where the provisions ofFWCC chapter 8 article IV are met. are permitted
pursl:1:ant to F'NCC 8 141. Fireworks displays may be permitted by the director as permitted
pursuant to FWCC 8 111. This section shall not prevent establishment in any park of a properly
designed archery course, upon receipt or permission from pursuant to the requirements of the
director.
Ordinance No 08-
Page 17 of23
SECTION 33. Chapter 11, Article III, Section 11-76, of the Federal Way City Code is
hereby repealed as follows:
11 76 LoiteriBg.
Loitering is prohibited in restrooms and bathhouses in park and reereation facilities. (Ord. No.
91 82, ~ 1(14), 1 8 91)
SECTION 34. Chapter 13, Article V, Section 13-122, of the Federal Way City Code shall
be amended to read as follows:
13-122 Violations and penalties.
(1) A person commits the offense of unlawful right-of-way actiyity ifthe person knowingly
organizes or participates in an activity on public rights-of-way in violation of this article.
(2) A person commits the offense of interfering with an a right-of-way activity ifthe person
knowingly blocks, obstructs, hinders, impedes the passage of, or throws objects on or toward an
activity on public right-of-way or its participants; except that a person may operate a vehicle that
is not part of the activity between the vehicles or persons comprising an actiyity if directed to do
so by a police officer.
(3) Any person violating or failing to comply with any of the provisions of this article is guilty of
a gross misdemeanor. may be punished by a fine of not more than $5,000 or imprisoned for not
more than six months, or both, for eaeh day or part of a day during whieh the unla'lIrnl aet or
yiolation oeeurs. The person may also be ordered to diseontinue the rm1awfli1 act or correct the
yio1ation.
(4) Any person who fails to comply with the provisions ofthis article is, in addition to any
criminal penalties, subject to a maximum civil penalty of $5,000 for each day or portion of the
day that the violation continues.
(5) Nothing in this article limits the right of the city to pursue other lawful, criminal, civil or
equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in
violation of this article.
SECTION 35. Chapter 13, Article VI, Section 13-179, of the Federal Way City Code
(FWRC 4.40.040) is hereby repealed as follows.
13 179 ViolatioBs deemed misdemeaBor.
Any person yiolating any ofthe proyisions of this article, 'lIhieh results in a hazard to the public
health, safety and welfare, is guilty of a misdemeanor and shall be punished as proyided by la\v.
Each day any sidewalk is permitted to remain in a hazardous cOfldition shall be eonsidered and
shall constitute a separate yiolation. (Ord. No. 93 188, ~ 1,9 21 93)
Ordinance No 08-
Page 18 0[23
SECTION 36. Chapter 13, Article VII, Section 13-251, of the Federal Way City Code
(FWRC 4.35.130) shall be amended to read as follows:
13-251 Violations deemed misdemeanor.
Any person violating any of the provisions of this article, ','.'hich results in a hazard to the
public health, safety and welfare is guilty of a misdemeanor and shall be punished as provided by
law. Damage to each item of vegetation shall be deemed ~a separate violation. The value of
damaged vegetation shall be calculated pursuant to the International Society of Arboriculture
Tree Replacement Guide.
(Ord. No. 93-187, ~ 1,9-21-93)
SECTION 37. Chapter 14, Article IV, Section 14-136, of the Federal Way City Code is
hereby repealed as follows:
14 136 NaBeampliaBee PeBalty.
.^.ny person, subject to this chapter, v/ho fails or refuses to apply for a business license or to
make tax returns or to pay any tax 'Nhen due, or who makes any false statement or representation
in conneetion with any such application for a business license or tax retam, or who othenvise
violates or refuses to eomply with this chapter, is guilty of a misdemeanor, and each such person,
is gailty of a separate offense for each and every day or portion thereof duril'lg which any
yio1ation of any of the pro'/isions of this ehapter is committed, contiooed or permitted, and upon
conyiction of any such '/io1ation, slich person shall be punishable by a fine not to e-xceed $350.00
for each day or portion thereof which slieh person is found guilty of noncompliance with the
pro'/isions ofthis chapter. (Ord. No. 02 432, ~ 1, 11 19 02)
SECTION 38. Chapter 14, Article V, Section 14-185, of the Federal Way City Code shall
be amended to read as follows:
14-1..l8S Noncompliance- Penalty.
Any person, firm or corporation subject to this chapter, who fails or refuses to apply for a
business 1icense,- eF--te make fLtax returns,- or te pay any tax when due,; ef who makes any false
statement or representation in or in connection with any such an application for a business
license or tax return,; or who otherwise violates or refuses to comply 'with this chapter, is guilty
of a misdemeanor, and each such person, firm or corporation is guilty of a separate offense f{)r
each and every day or portion thereof during which any violation of any of the pro'/isions of this
chapter is committed, continued or permitted, and upon conviction of any such violation, such
person shall be punishable by a fine not to exceed $350.00 for each day or portion thereofv/hich
such person, firm or corporation is found guilty of noncompliance with the provisions of this
chapter. Each day or portion of a day during which a violation occurs. continues. or is permitted
is a separate violation.
(Ord. No. 95-257, ~ 1, 12-19-95; Ord. No. 96-262, ~ 1,2-20-96)
Ordinance No 08-
Page 19 of23
SECTION 39. Chapter 15, Article I, Section 15-4, of the Federal Way City Code shall be
amended to read as follows:
15-4 Mandatory criminal traffic civil assessment.
(a) In addition to the criminal penalty provided herein, any person found to have
committed an act designated as a criminal traffic violation under the provisions of this chapter
shall be assessed a civil penalty in the amount of $20.00. in addition to the criminal traffic
penalty required in RCW 46.64.55 and exclusive of any additional costs. fees. or penalties
required to be assessed by the State of Washington.. The funds collected from this ciyil penalty
shall be transmitted to the city of Federal \Vay traffic safety fund for the purpose of funding
public safety traffic improvements, including but not limited to installation of school safety
signs, traffic safety signs, traffic speed bumps, and all such other traffie safety related expenses
as may be incurred by the city and authorized by the city council. (b) For the purposes of
this section, "criminal traffic violations under the provisions of this chapter" are defined to be
any violation of this Code or Title 46 RCW that is a misdemeanor or grOSS misdemeanor. The
court may not reduce. waive. or suspend the additional penalty unless the court finds the offender
to be indigent. the follov/ing:
(1) Driying with the 1ieense from another state v/hile stlspended in WashingtON,
FWCC 15 1 (RC\V 46.20.315);
(2) Hit and run unattended, FV1CC 15 1 (RC\V 16.52.020(c));
(3) Actual physical control of a motor '/ehic1e while under the influence of
intoxicating liquor or drug, RC'N 16.61.501;
(4) Driying 'Nhile under the influence of intoxieating liqtlor or drug, RC\V 16.61.504;
(5) Display or possess any fictional or fraudulently altered driver's license, RC\V
46.20.0921(1);
(6) Permit unlawful use of dri'/er's license or ill, RC'N16.20.0921(6);
(7) Driying while license suspended or revoked in the first degree (habitual traffic
offender), FWCC 15 1 (RCV146.20.342(1)(a));
(8) Driving while license suspended or re-voked in the seeond degree, F\VCC 15 1
(RC'H 46.20.342(1)(b));
(9) Driving while license suspended or reyoked in the third degree, FWCC 15 1
(RC\V 16.20.342(1)(c));
(10) Vli1fu1 failure to stop, F\VCC 15 1 (RCW 16.61.022);
(11) Failure to surrender a suspended, re'/oked or cancelled driver's license or dentification
card, FWCC 15 1 (RC'N 16.20.0921(4));
(12) Lending an operator's license to another, FWCC 15 1 (RC\V 16.20.0921(2));
(13) Negligent driving, F'NCC 15 1 (RC\V 46.61.525);
(14) No yalid operator's license, F')/CC 15 1 (RC'N 16.20.005);
(15) Failure to surrender license, F'HCC 15 1 (RC'N 46.20.021(4));
(16) Violation of occupational driver's license, F'HCC 15 1 (RCW 16.20.110);
(17) Hit and run unattended or property damage, F\VCC 15 1 (RC\V 46.52.010);
(18) Failure to register yohicle, FV1CC 15 1 (RC\V 46.16.010(1));
(19) Operating a motor vehicle with suspended registration, F\VCC 15 1 (RCW 16.29.605);
(20) Unlawful ropresentation of driyer's license or identification card, F'NCC 15 1 (RC\V
46.20.0921(3));
Ordinance No 08-
Page 20 of23
(21) Operating a motor vehicle in violation of trip permit requirements, F\VCC 15 1 (RCVl
16.16.160); and
(22) Other criminal traffic violations as may be adopted in the Reyised Code of 'N ashington;
all as they now exist or as may be hereafter amended, deleted or added thereto.
(Ord. No. 94-207, ~ 1, 1-4-94; Ord. No. 01-391, ~ 2, 6-19-01)
SECTION 40. Chapter 16, Article II, Section 16-38, of the Federal Way City Code is
hereby repealed as follows:
16 38 CrimiBal eBfareemeBt.
Any person eonvicted of violating any proyision of this di'/ision shall be pl:lflished by a fine of
not more than $5,000 or imprisomnent for not more than six months, or both, by such fine and
imprisonment for each day or part of a day during which the un1a\vfu1 act or violation occurs.
The property owner or other person may also be ordered to discontirme the unlawful aet or
correet the yiolation. Criminal enforeement is in addition to, and does not limit any other forms
of enf{)rcement available to the city including, but not limited to, ciyil enforcement as specified
herein or Chapter 1 F\YCC, 1\.rtic1e III, nuisance and injunction actions, or other ei'/i1 or
equitable actions to abate, discontinue, correct or diseourage unlawful acts in yiolation of this
division. (Ord. No. 91 90, ~ 8,3 19 91; Ord. No. 99 342, ~ 10,5 4 99)
SECTION 41. Chapter 17, Article II, Section 17-27, of the Federal Way City Code is
hereby repealed as follows:
17 27 Penalty far vialatioB.
f.ny person violating or failing to eomply with any of the provisions ofthis article is guilty of a
misdemeanor and lipOfl convietion thereof shall be punished by a fine in any S1:llll not exceeding
$250.00 or by imprisomnent in tho county jail for a period not exceeding 90 days. (Ord. No. 90
27, ~ 1(6.64.410),2 13 90)
SECTION 42. Chapter 22, Article II, Section 22-128, of the Federal Way City Code is
hereby repealed as follows:
22 128 ZaniBg eitatioB.
(a) The code enf{)rcement officer may seek issuance of a zoning citation in either of the
following circumstances:
(1) There is a violation of a posted order to cease activity.
(2) If, after the time specified in the notice of '/iolation, the activity, conditions, structure, or
use cited in the notice of violation still does not eonform to this ehapter.
(b) The citation will be issued to the ovmer of the property, the occupant or person in charge
of the property and any other person causing or allowing the activity, condition, structure or use
to exist or occur. The issuance of a citation initiates criminal prosecution of the violation. (Ord.
No. 90 43, ~ 2(175.40),2 27 90)
Ordinance No 08-
Page 21 of 23
SECTION 43. 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 ofthis chapter or its application to any other person or situation. The City
Council ofthe 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 44. 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 45. 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 46. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 47. 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.
Ordinance No 08-
Page 22 of 23
PASSED by the City Council of the City of Federal Way this
day of
,2008_.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: 08-
Ordinance No 08-
Page 23 of 23
COUNCIL MEETING DATE: December 2"d, 2008
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Correcting Various Technical Errors In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE CORRECTING VARIOUS TECHNICAL
ERRORS IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Land Useffransportation Committee
MEETING DATE: Nov. 17th, 2008
CATEGORY:
o Consent
o City Council Business
[gI Ordinance
o Resolution
o
D
Public Hearing
Other
~!~FF}!~!2~:!J~~~~g~~~~~~~QI?PUI.Y q!r~X!2~~.x~__..__._.._.
DEPT: 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 of numbering errors, grammatically errors, redundant language,
and typographical errors that should be corrected. 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 with 1 appendix.
Options Considered: I. 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: "
-E:f-~
Committee Chair
~.U-
Committee Member
DIRECTOR APPROVAL: ~ jPrt\
Committee Council
COMMITTEE RECOMMENDATION:
PROPOSED COUNCIL MOTION: "[ move to forward the ordinance to a second reading for enactment on the
January fJh consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASIDNGTON, RELATING TO. TECHNICAL CHANGES TO LAND USE
REGULATIONS, ADDING SECTIONS, AMENDING SECTIONS, AND
REPEALING SECTIONS IN CHAPTERS 5, 13, 21, AND 22 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 land use 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 land use 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 5, Article IV, Section 5-70, of the Federal Way City Code shall be amended
to read as follows:
5-70 Construction.
(a) International Building Code requirements. Five-story Type V A buildings must comply with all
requirements of the International Building Code, except as modified or supplemented by this article. In
the event of a conflict between the International Building Code and the provisions of this article, the
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Page 1 of 12
provisions of this article shall control. References in this article to building construction "types" (e.g.,
Type I or Type V) shall have the same meaning as set forth in the International Building Code.
(b) Lowest story construction requirements. The lowest story in a five-story Type V A building shall
be constructed of Type V -A fire-resistive construction, except that all structural frame and load bearing
elements must consist of approved, two-hour fire-resistive construction.
(c) Upper four stories. The upper four stories of a five-story Type V A building shall be constructed of
at least Type V -A fire-resistive construction.
(d) Use of Type V above Type I construction. Where Type VA vlood frame stories are constructed
over Type I construction, the Type V A stories shall be separated from the Type I stories with a horizontal
assembly having a minimum three hour fire resistance rating as provided in International Building Code
Section 509.2 of the 2006 Edition. (Ord. No. 01-389, ~ l(B), 6-5-01; Ord. No. 04-465, ~ 8, 10-5-04; Ord.
No. 07-563 ~ 1, 10-16-07)
SECTION 2. Chapter 5, Article IV, Section 5-71, of the Federal Way City Code shall be amended to
read as follows:
5-71 Occupancy.
(a) Occupancy of five-story wood frame Type V A buildings shall be allowed as provided in Table
503, International Building Code, 2006 Edition, except that B, M, and R-1 occupancies shall be allowed
on any floor.
(b) Occupancy shall have the same meaning as set forth in the 2006 Edition of the International
Building Code. (Ord. No. 01-389, ~ l(B), 6-5-01; Ord. No. 04-465, ~ 8, 10-5-04; Ord. No. 07-563 ~ 1,
10-16-07)
SECTION 3. Chapter 5, Article IV, Section 5-77, of the Federal Way City Code shall be amended to
read as follows:
5-77 Construction inspection
The following shall be required for buildings designed and constructed pursuant to this section
(1) Structural observation provided by the engineer of record for structural frame elements; aaEl
(2) Special inspections as required in the 2006 International Building Code~ as presently
eonstrueted or as hereafter amended.
(3) All other inspections shall be in strict accordance with other applicable codes: and
(4) Structural observation documents stamped by the engineer of record and all special inspection
reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of
occupancy.
SECTION 4. Chapter 5, Article V, Section 5-116, of the Federal Way City Code shall be amended to
read as follows:
5-116 Plumbing code adopted
The following codes all as amended added to or excepted in this chapter together with all
amendments and additions provided in this title are adopted and shall be applicable within the city
(1) The following chapters of the Washington Administrative Code as presently eonstituted or as
may be subsequently amended
fa} Chapter 51-56 State Building Code Adoption and Amendment of the 2006 Edition of the
Uniform Plumbing Code except Section 701.1 which is adopted without state amendment; and
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(b). Chapter 51-57 State Building Code Adoption and Amendment of the 2006 Edition of the
Uniform Plumbing Code Standards.
(2) The 2006 Uniform Plumbing Code as presently eonstituted or as may be subsequently
amended provided that in the event of conflicts with the State Plumbing Code adoption of the Uniform
Plumbing Code the state code will prevait Such conflicts will be reviewed and a determination issued by
the building official or their designee.
SECTION 5. Chapter 5, Article VII, Section 5-166, of the Federal Way City Code shall be amended
to read as follows:
5-166 Codes adopted.
The following codes, as presently 6eB:stituted or as may be subsequeB.tly amended, are all is adopted
as amended, added to, or excepted in this ehapter, together '.'lith all amendmefl.ts and additioRs pro'/ided in
this-title, are adopted and shall be applicable within the city:
(1) 2006 Edition of the International Property Maintenance Code, except Sections 111, 303, 307,
308, and 507 are not adopted. Ord. No. 98-320, ~ 10,9-15-98; Ord. No. 04-465, ~ 14, 10-5-04; Ord. No.
07-563 ~ 1, 10-16-07)
SECTION 6. Chapter 13, Article VII, Section 13-246, of the Federal Way City Code shall be
amended to read as follows:
13-246 Abuse or mutilation of vegetation prohibited.
No person shall intentionally damage, destroy or mutilate any vegetation located in any public right-
of-way or other public place, or attach any rope or wire (other than used to support a young or broken
tree), nail, sign, poster, handbill or other item to such vegetation, or allow any gaseous liquid, or solid
substance which is harmful to such vegetation to come in contact with the vegetation, or set fire or permit
any fire to burn when such fire or the heat thereof will injure any portion of such vegetation; provided,
however, that nothing in this section shall preclude either the owner or the occupant from removing or
maintaining ffi:leh vegetation as required in this Code b-y P'A'CC 13 212. (Ord. No. 93-187, ~ 1,9-21-93)
SECTION 7. Chapter 21, Article III, Section 21-24, of the Federal Way City Code shall be amended
to read as follows:
21-24 Purpose.
The provisions of this article are intended to:
(1) Provide standards and procedures for inspection and maintenance of stormwater facilities in
Federal Way to provide for an effective, functional stormwater drainage system.
(2) Authorize the Federal Way public works department to require that stormwater facilities be
operated, maintained and repaired in conformance with this chapter.
(3) Establish the minimum level of compliance which must be met.
(4) Guide and advise all who conduct inspection and maintenance of stormwater facilities.
(5) ~ Prevent harmful materials from leaking, spilling, draining, or being dumped into any
public or private stormwater system. (Ord. No. 99-352, ~ 3, 11-16-99)
SECTION 8. Chapter 22, Article IV, Section 22-337, of the Federal Way City Code (FWRC
19.30.120) shall be amended to read as follows:
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22-337 [FWRC 19.30.120], Nonconforming water quality improvements.
This section sets forth the standards when and under what circumstances a structure, improvement.. eF
development.. or property that does not conform to the development regulations prescribed in FWRC Title
16 (as amended) relating to water quality, or does not conform to the GevelopmeBt regulations 60fltained
in .l\rticle XIII, Division 12, of this chapter (FWCC 22 1196 through 22 1220, as amended) must be
brought into compliance with the development regulations in FWRC Title 16 pertaining to water quality
and ..'\rticle XIII, Division 12 oftms 6hapter (F'NCC 22 1196 through 22 1220, as amended).
(1) Redevelopment. Any person proposing to redevelop a structure, improvement, development or
property must bring that structure, improvement, development or property into compliance with the
development regulations in FWRC Title 16 pertaining to water quality and ,^Jticle XIII, Division 12 of
this ehapter (FWCC 22 1196 through 22 1220, as amended), where the proposed redevelopment meets or
exceeds the thresholds set forth below. For the purposes of this section, "redevelop" or "redevelopment"
means, on an already developed site: the creation or addition of impervious surface; the expansion of a
building footprint or addition or replacement of a structure; structural development including an increase
in gross floor area and/or exterior construction or remodeling, where the structural development exceeds
50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the
repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of
use which has a potential to release a new pollutant(s) to the city's surface water systems; or land
disturbing activities associated with impervious redevelopment.
a. Redevelopment which involves the creation or addition of impervious surfaces having an area
of 5,000 square feet or more;
b. Redevelopment which involves the construction or replacement of a building footprint or other
structure having a surface area of 5,000 square feet or more, or which involves the expansion of a
building footprint or other structure by 5,000 square feet of surface area or more;
c. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an
impervious surface, when such redevelopment is not part of a routine maintenance activity;
d. Redevelopment which involves the collection and/or concentration of surface and/or
stormwater runoff from a drainage area of 5,000 square feet or more;
e. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or
closed depression, groundwater recharge area, or other water quality sensitive area determined by the
public works director, based on a written map, policy, water quality monitoring data or plan in existence
or implemented by the public works director prior to submission of a redevelopment application which is
determined to trigger application of this subsection, or based on information developed during review of a
particular redevelopment application;
f. Redevelopment which involves a change in use, and the changed use has a potential to release a
new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new
pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in
use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use;
g. Redevelopment, other than normal maintenance or other than the tenant improvements, but
including any increase in gross floor area, in anyone consecutive 12-month period which exceeds 50
percent of the assessed or appraised value (whichever is greater) of the structure or improvement being
redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a
source acceptable to the city. The public works director may require the applicant to provide an appraisal
from a second source acceptable to the city if the assessed valuation appears to be inaccurate or
inappropriate. If more than one appraisal is provided by the applicant or required by the city, the greater
of the two amounts shall be used. For purposes of this determining value under this section,
improvements required pursuant to FWCC 22-334 (nonconforming development), 22-336
(street/sidewalk improvements), 22-337 (nonconforming water quality improvements) and 22-1473
(street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would
trigger application of this subsection;
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h. Redevelopment of property which drains or discharges to a reCeIVIng water that has a
documented water quality problem, as determined by the public works director based on a map, plan,
water quality monitoring data or a written policy in existence or implemented by the public works director
prior to submission of a redevelopment application determined to trigger application of this subsection,
where the public works director determines that the redevelopment requires additional specific controls to
address the documented water quality problem.
(2) Timing. All improvements required by this section shall be constructed or installed concurrent
with the redevelopment triggering application of this section, unless an applicant for redevelopment opts
to pursue incremental construction of required improvements. In that event, the applicant shall develop
and submit to the public works director a stormwater management plan detailing all of the improvements
required by this section, and proceed according to the following subsections.
a. Extent of construction of required water quality improvements. Where the public works
director determines that incremental construction is physically feasible, the applicant shall construct that
portion of the required improvements according to the following schedule:
% of Redevelopment % of Water Quality Improvements
o - 24 25
25 -49 50
>50 100
Where construction of 100 percent of water quality improvements is required under this subsection, the
improvements may be constructed over a period extending no more than five years from the date of
approval of the redevelopment. A person choosing to utilize such extended construction shall provide,
prior to approval of the stormwater management plan, a performance bond and bond agreement that:
1. Have a term equal to the construction schedule proposed in the plan; and
2. Comply with the applicable requirements of FWCC 22-147 through 22-175, as amended.
b. Incremental construction not feasible. Where the public works director determines that
incremental construction is not physically feasible, 100 percent of the required water quality
improvements must be installed, concurrent with the redevelopment.
c. Calculation of redevelopment value. For purposes of calculating the value of redevelopment in
order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the
proposed redevelopment as a percentage of the assessed or appraised value (whichever is greater) of all
structures on the subject property. If an appraisal is used, it must be prepared by an MAl appraiser
acceptable to the city, and paid for and submitted by the applicant.
d. Subsequent redevelopment. Whenever any person seeks approval for redevelopment on
property for which incremental construction of required water quality improvements was previously
authorized pursuant to this subsection (2), any additional water quality improvements to be required shall
be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater
management plan prepared as part of the first request for authorization of incremental construction. If
water quality requirements have changed since preparation of the initial stormwater management plan, a
new plan shall be prepared detailing improvements required to comply with any existing and new
requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan.
(3) Location of water quality improvements. A person proposing redevelopment on a property or site
having a Federal Way comprehensive plan designation of CC-F (City Core - Frame) or CC-C (City Core
- Center) may construct water quality facilities required by this section below grade. (Ord. No. 04-468, S
3, 11-16-04)
SECTION 9. Chapter 22, Article IV, Section 22-335, of the Federal Way City Code shall be amended
to read as follows:
22-335 Nonconforming signs.
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(a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial
investment in signs in existence on the date of adoption of this Code, or on the date of annexation if
located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of
a nonconforming sign in its existing state. During this period, it is expected that the sign may be
amortized in its value over this lO-year time period and/or may be amortized for federal income tax
purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the
application of this section.
(b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was
legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if
located in areas annexed to the city thereafter, but which does not comply with the sign regulations of
Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used
in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and
22-1597.
(c) Legal nonconformance.
(1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of
this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city
thereafter which does not conform with the provisions of this Code, is eligible for characterization as a
legal nonconforming sign provided it meets the following requirements:
a. The sign was covered by a sign permit on the date of adoption of this Code, if one was
required under applicable law; or
b. If no sign permit was required under applicable law for the sign, the sign was in all
respects in compliance with applicable law on the date of adoption of this Code.
(2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the
provisions covering loss of legal nonconforming status and other limitations set forth in this section.
(3) Exclusions. Except for billboards, off-site signs, and roof signs, prohibited signs as defined in
FWCC ~2-16Q-<l shall not be eligible for characterization as legal nonconforming signs and must be
removed upon notification by the city.
(d) Notice of determination.
(1) Required. After the city conducts a sign inventory, the city shall analyze whether each sign
complies with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this
Code, and shall issue a notice of determination which specifies whether the sign complies or not. If a sign
conforms to this chapter, it shall be issued a registration sticker. If a sign is determined to be legally
nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to
subsection ( e) of this section. Signs that do not comply with the sign regulations of Article XVIII of this
chapter, Signs, or any other sections of this Code or are not eligible for characterization as legal
nonconforming signs must be removed upon notification by the city.
(2) Necessary information. The information associated with a sign and its sign inventory number
shall consist of the name and address of the sign user, the sign owner, and the owner of the property upon
which the sign is located, information about the sign, such as sign type, area, height, dimensions, location,
a photo of the sign, and such other pertinent information as the director of COIl1ffi\:lflity Ele';elopment may
require to ensure compliance with the Code, which may include proof of the date of installation of the
SIgn.
(e) Amortization. All legal nonconforming signs shall be discontinued and removed or made
conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or
within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. Hpon
the expiration of the amortization period, the sign shall be brought into conformance with this Code, with
a permit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into
conformance and must therefore be immediately removed upon the expiration of the amortization period.
(f) Extension or exemption from amortization period.
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(1) Applicability. This subsection applies to any sign which is required to be removed pursuant to
subsection (e) of this section following expiration of the amortization period.
(2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may
provide relief from the effect of the sign amortization program when its enforcement would fail to
noticeably improve the appearance of the neighborhood and the city and when a hardship would result
from its enforcement.
(3) Who may apply. The property owner or the person displaying the sign which is required to be
removed pursuant to subsection (e) of this section may apply for a sign amortization extension or
exemption.
(4) Decisional criteria. An application for a sign amortization exemption or extension may be
approved or approved with modification if it satisfies all of the following criteria:
a. The sign is compatible with the architectural design of structures on the subject property;
b. The sign substantially complies with the requirements of the sign code for the land use
district in which it is located. For purposes of this subsection, "substantial compliance" means that the
height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that
the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code.
Minor deviations from these percentages may be approved by the administrator ifhe or she concludes that
the resulting sign is harmonious with the character of the primary structures on the subject property and
with the signs and structures on surrounding properties;
c. The enforcement of this Code would result in a substantial hardship to the applicant due to
the size, shape, topography, location or surroundings of the subject property and such hardship was not
created by any action of the applicant;
d. The sign complies with the city's minimum sign distance at intersection requirements
pursuant to FWCC 22-1151 et seq.;
e. If illuminated, the sign is oriented away from residentially developed or zoned property or
is adequately screened so that the source of light is not directly visible;
f. It is consistent with the city's comprehensive plan; and
g. It is consistent with the public health, safety and welfare.
(5) Applicable procedure. Except as otherwise provided by this subsection (f), the city will
process an application for a sign amortization exemption or extension through process I of this Code.
(g) Loss of legal nonconforming sign status. All legal nonco.nforming signs shall be immediately
removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor,
and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one
or more of the following events occurs:
(1) Structural changes. The applicant is making structural alterations or increasing the gross floor
area of any structure that houses or supports the use with which the legal nonconforming sign is
associated.
(2) Other alterations. The applicant is making any change, alteration or performing work other
than normal maintenance or other than tenant improvements, in any 12-month period, to any structure that
houses or supports the use with which the legal nonconforming sign is associated and the fair market
value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure
as determined by the King County assessor.
(3) Abandonment or business cessation. The subject property containing the sign is abandoned for
90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive
days.
(4) Sign alterations. The applicant is making changes, alterations or performing any work to the
legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include
relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's
identification sign in either a center identification sign which separately identifies the tenants or in a
tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation.
Ordinance No 08-
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(5) Change in use. There has been a change in use on the subject property as that term is defined
by FWCC 22-1.
(6) Change in tenant. There has been a change in tenant or business on the subject property.
In connection with any multiuse or multi-tenant complex, the foregoing events which require that a
legal nonconforming sign be either removed or brought into conformance with this Code shall apply only
to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the
elimination of the legal nonconformance and not to the other signs located on the subject property,
including any copy change in a center identification or tenant directory sign in order to include such
tenant's name.
(7) Expiration of amortization period. All legal nonconforming signs shall be discontinued and
removed or made conforming within 10 years from the effective date of this Code, on or before February
28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city
thereafter.
(h) Historic signs. Nonconforming on-site historical signs may be retained through process IN, .\rtiele
VII of this Code, if the sign is determined to be of historic significance by satisfying all of the following
criteria:
(1) The sign is used in connection with a building which has been designated as a historic
building pursuant to any federal, state or local preservation authority;
(2) The subject sign or signs are substantially unchanged or unaltered since initial installation;
(3) The subject sign or signs are a good example of the prevailing signage during the period in
time it was installed; and
(4) The subject sign or signs have been well maintained and are not materially detrimental to the
public health, safety and welfare.
(i) Government acquisition of property for right-of-way.
(1) A sign that becomes nonconforming with respect to its setback from the edge of a public
right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way
expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the
requirements of subsection (i)(3) of this section.
(2) The city may, using process I, allow the placement of a new sign or relocation of an existing
sign within a required setback ifit meets all of the following criteria:
a. The enforcement of this Code would result in substantial hardship to the applicant because
no feasible location exists to place a sign on the subject property other than in a required setback, and
such hardship was created solely by local, state, or federal government acquisition of property for right-
of-way expansion and not by any action of the applicant;
b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required
setback, complies with all other requirements ofFWCC 22-1596 through 22-1629;
c. The sign complies with the city's minimum sight distance at intersection requirements
pursuant to FWCC 22-1151 et seq.; and
d. Location of the sign with a required setback is otherwise consistent with the public health,
safety, and welfare.
(3) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections
(i)(1) and (2) of this section shall be immediately removed or modified to conform to all the provisions of
this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its
legal nonconforming designation when one or more of the following events occurs:
a. The applicant is making any changes, alterations, or performs any work to the legal
nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include
relocating the sign or replacing the sign; provided, however, that any copy change in a center
identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign
designation; except that a legal nonconforming sign may be relocated without losing its legal
nonconforming status and eligibility for the 10-year amortization period so long as all of the following
Ordinance No 08-
Page 8 of 12
conditions are met: (i) the sign is under threat of eminent domain and the subject of a consent decree or
settlement agreement executed with a local, state, or federal government; (ii) the consent decree or
settlement agreement was executed and filed with the court or recorded prior to the effective date of
annexation; (iii) the consent decree or settlement agreement does not compensate the owner of the sign
for bringing the sign into conformance with the provisions of this chapter; (iv) the owner of the sign
applies for a permit to relocate the sign within six months of the date the consent decree or settlement
agreement was filed; and (v) the owner makes no changes to the sign that increase the nonconformance of
the sign; or
b. The applicant is making any changes, alterations, or performs work other than normal
maintenance or other than tenant improvements to any structure or improvement that houses or supports
the use with which the nonconforming sign is associated, and the fair market value of those changes,
alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assessed
value of that structure or improvement, as determined by the King County assessor. The applicant may
provide an appraisal of the structure or improvement. The appraisal must be from a source that is
acceptable to the city. The conrmunity development services director may require the applicant to provide
an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or
inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the
larger of the two amounts shall be used. For purposes of determining value under this subsection,
improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336
(street/sidewalk improvements) shall not be counted towards the 75 percent threshold, which would
trigger application of this subsection.
G) Exemption. The city may elect not to apply any provision of this section if the removal of a sign
would require the city to pay compensation under any federal, state or other law, including Chapter 47.42
RCW. (Ord. No. 90-43, S 2(165.35 (5)), 2-27-90; Ord. No. 91-113, S 4 (165.35(5)), 12-3-91; Ord. No. 92-
135, S 3 (165.35(5)),4-21-92; Ord. No. 92-144, S 3 (165.35(5)), 6-16-92; Ord. No. 95-235, S 3,6-6-95;
Ord. No. 97-307, S 3,12-16-97; Ord. No. 99-357, S 4, 12-7-99; Ord. No. 01-398, S 1, 7-17-01; Ord. No.
04-468, S 3, 11-16-04; Ord. No. 05-486, S 3,4-19-05)
SECTION 10. Chapter 22, Article XIII, Section 22-1071, of the Federal Way City Code is hereby
repealed as follows:
22 1971 Domestie aRimals.
FWCC 22 981 et seq., regarding animals in residential zones, shall be the regulations f-or k.eeping
animals in residential zones permitting home occupations. (Ord. No. 90 13, ~ 2(115.65(4)),22790)
SECTION 11. Chapter 22, Article XIII, Section 22-1093, of the Federal Way City Code shall be
amended to read as follows:
22-1093 Permitted outright.
A land surface modification is permitted only if it:
(1) Has been approved as part of a valid development permit (except grading permits issued
under chapter 70 of the city's building code), subdivision, or substantial development permit;
(2) Is for cemetery graves;
(3) Is in a right-of-way and authorized in writing by the director of the department of public
works;
(4) Is for mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate
or clay where a permit has been issued by the state department of natural resources;
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(5) Is for exploratory excavations under the direction of a professional engineer licensed in the
state; provided, that the extent of the land surface modification does not exceed the minimum necessary to
obtain the desired information;
(6) Is for normal maintenance and repair of the facilities of a common carrier by rail in interstate
commerce within its existing right-of-way;
(7) Is for excavations for utility service connections to serve existing and/or new structures and is
outside any area that is within the jurisdiction of FWCC 22-1221 et seq.;
(8) Is for actions which must be undertaken immediately, or within a time too short to allow for
compliance with the permit requirements of FWCC 2~-1 094, to avoid an imminent threat to public health
or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of
serious environmental degradation. This determination will be made by the director of community
development;
(9) Is for the removal of overhanging vegetation and fire hazards or for removal of blackberry
vines or dead, dangerous or diseased trees when authorized by the building official;
(10) Is for placement of fill on land owned or controlled by the city;
(11) Is an integral part of an ongoing agricultural or horticultural use on the subject property;
(12) Is conducted on property which contains a detached dwelling unit and which, because of the
size of the property or the location of the dwelling unit, cannot be further subdivided or divided; or
(13) Complies with all of the following criteria:
a. The subject property contains a permanent building or an active use.
b. The land surface modification will not change the points where the stormwater or
groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of
stormwater or groundwater.
c. The land surface modification is outside any area that is within the jurisdiction of FWCC
22-1221 et seq.
d. In anyone-year period, not more than 100 cubic yards of fill material is deposited on,
excavated and removed from or moved from place to place on the subject property. If the subject property
is larger than one acre, the limit is 100 cubic yards within each acre.
e. No trees defined as significant trees will be removed and no vegetation will be removed if
that vegetation was required to be retained by or through any development permit issued under this
chapter or any prior zoning code.
f. If the subject property is two acres or larger and has 20 percent or more of its area covered
with native vegetation, the land surface modification will not remove more than 20 percent of that native
vegetation. The limitations of this subsection apply to all land surface modification on the subject
property over time.
g. The land surface modification will not result in more than a two-foot increase or one-foot
decrease in the average elevation of the subject property, computed using the elevation of the midpoint of
each property line. (Ord. No. 90-43, ~ 2 (115.75(3)), 2-27-90; Ord. No. 90-77, ~ 3 (115.75(3)), 12-11-90;
Ord. No. 04-468, ~ 3, 11-16-04)
SECTION 12. Chapter 22, Article XIII, Section 22-1176, of the Federal Way City Code (FWRC
19.130.250) shall be amended to read as follows:
22-1176 [FWRC 19.130.250] Parking and storage of commercial vehicles in residential zones
limited.
Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows:
(1) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or
passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating
(GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot;
Ordinance No 08-
Page 10 of 12
(2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any
lot in a single-family residential zone (RS 35.0) or a suburban estates zone (SE);
(3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48
hours for the exclusive purpose of loading or unloading the vehicle;
(4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes
pursuant to a valid development permit;
(5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length
may be parked on any lot if used for private construction purposes and when it is not visible from a right-
of-way or access easement and not parked in the driveway;
(6) ,^~dditional eX66ptiofls as outlined in F'NCC 22 1179 Parking or storage as allowed by FWCC
22-1178 rFWRC 19.130.270]-
Except for commercial vehicles used for loading and unloading purposes and commercial
vehicles for construction purposes with a valid development permit, no more than one commercial vehicle
is allowed per lot. (Ord. No. 04-457, S 3, 2-3-04)
SECTION 13. Chapter 22, Article XIII, Section 22-1177, of the Federal Way City Code (FWRC
19.130.260) shall be amended to read as follows:
22-1177 [FWRC 19.130.260J Parking and storage of recreational vehicles and boats in residential
zones limited.
Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22
feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22 1179 FWCC 22-
1178 rFWRC 19.130.2701. (Ord. No. 04-457, S 3,2-3-04)
SECTION 14. 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 15. 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.
Ordinance No 08-
Page 11 of 12
SECTION 16. 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 17. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 18. 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
,2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: 08-
Ordinance No 08- Page 12 of 12
- -- ------------,
,
COUNCIL MEETING DATE: December 2od, 2008
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Nuisances In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING NUISANCES IN THE
FEDERAL WAY CITY CODE?
COMMITTEE: Land UsefTransportation Committee
MEETING DATE: Nov. 17th, 2008
CATEGORY:
D Consent
D City Council Business
[gJ Ordinance
o Resolution
D
D
Public Hearing
Other
~TAF}<_I!!~~RT}JY: AARON W ALL~LQ.~~Y-TY_f~n:_Al!ORNI::~______~~~T: 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 nuisances including opportunities to add sections to
generally prohibit nuisances, make enforcement consistent, collect and organize nuisance provisions in
the Nuisance title, and cross-reference nuisances.
. 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.
DIRECTOR ApPROVAL: ~ 1M
Committee Council
CITY MANAGER APPROVAL:
COMMITTEE RECOMMENDATION:
k:?< wsd
Committee Chair
a~
Committee Member
PROPOSED COUNCIL MOTION: "I move to orward the ordinance to a second reading for enactment on the
January (/h consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASIDNGTON, RELATING TO NUISANCES, ADDING SECTIONS,
AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 9, 10,
13, 15, AND 22 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 nuisances 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 nuisances;
WHEREAS, regulations addressing general nuisances would make enforcement and regulation more
consistent and effective;
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. A new article, Article I, shall be added to Chapter 10 of the Federal Way City Code,
(FWRC Chapter 7.03 shall be added to FWRC Title 7) to be designated as General Public Nuisances and
to read as follows:
Ordinance 08-
Page 1 of 17
10-1 rFWRC 7.03.0101 Purpose and Intent.
The purpose of this chapter rTitle1 is to provide for the protection of the health. safety. and general
welfare of the citizens of the City of Federal Way bv proscribing those nuisances which affect the rights
of the community. The presence of nuisances enumerated in this chapter requires an emphasis on
measures to correct those conditions which are injurious to the public health. safety, and welfare. It is the
intent of the City Council to establish efficient administrative procedures to enforce the regulations of the
City. to provide a prompt process to address alleged violations, and to establish standards to be used bv
the City to abate public nuisances. The intended result of abating a public nuisance is to protect public
health and property values bv reducing noxious weeds, providing for safer pedestrian and automobile
traffic flow. reducing impacts to the environment by preventing the indiscriminate storage of inoperable
vehicles. and protecting the health. safety, and general welfare of the citizens. Unkempt, unsafe.
unsanitary and otherwise improperlv maintained premises and structures. sidewalks and easements within
the City create obvious hazards. Also. these conditions adversely affect the value. utility and habitability
of property within the City as a whole and specificallv cause substantial damage to adjoining and nearby
property. The economic well-being of the City is materiallv and adversely affected by nuisances. This
chapter convevs to the City administration all necessary and proper powers to abate nuisances as thev are
described or found to exist and to charge the costs of their abatement to those responsible, the owners and
occupants of the property upon which nuisances exists, and those properties themselves. This chapter is
an exercise ofthe City's police power. and it shall be liberally construed to effect this purpose.
10-2 rFWRC 7.03.0201 Definitions.
The definitions in this section applv throughout this chapter unless the context clearlv requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
Abandoned means anv property. real or personal. which is unattended and either open or unsecured so
that admittance mav be gained without damaging anv portion of the property. or which evidences indicia
that no person is presently in possession. e.g.. disconnected utilities. accumulated debris, uncleanness.
disrepair and. in the case of chattels. location. Length of time or anv particular state of mind of the owner
or person entitled to possession are not conclusive in determining that property is abandoned.
Attractive nuisance means the circumstance or condition which mav reasonablv be expected to attract
voung children and which constitutes a danger to such children. Attractive nuisances include but are not
limited to unused or abandoned refrigerators. freezers, or other large appliances or equipment or anv parts
thereof; abandoned motor vehicles; anv structurally unsound or unsafe fence or edifice; anv unsecured or
abandoned excavation, pit. well. cistern, storage tank, or shaft; and any lumber. trash. debris. or
vegetation that mav prove a hazard for minors.
Building, in addition to its ordinary meaning. includes anv dwelling. fenced area, vehicle, railway car,
cargo container, or other structure used for the lodging of persons or for carrying on business therein. or
for the use. sale or deposit of goods. Each unit of a building consisting of two or more units separatelv
secured or occupied is a separate building.
Hearing Officer means the City Manager. or his or her designated representative.
Junk means old, used. or scrap metal. rope. rags. batteries. paper, rubber, tires, machinery or
appliances or parts of such machinery or appliances, wood. debris, trash, waste. household goods or
hardware. medications, medical supplies, or medical devices. or junked, dismantled. wrecked or
inoperable motor vehicles or vehicular component parts.
Junk vehicle means any vehicle substantially meeting at least three of the following conditions:
(1) Is three vears old or older;
(2) Is extensively damaged. such damage including but not limited to anv of the following: a
broken window or windshield or missing wheels. tires. motor, or transmission;
(3) Is apparentlv inoperable;
(4) Has an approximate fair market value equal only to the approximate value of the scrap in it.
Ordinance 08-
Page 2 of 17
Junkvard means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging iunk.
Litter shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes. garbage,
wastepaper, packing material. scarp iron. wire metal articles, discarded furniture and appliances, iunk.
broken stone or cement. broken crockery, discarded building materials, inoperable bicvcles. or bicvcle
parts, rags, boxes, crates packing cases, mattresses, bedding, tree and vegetation trimmings. and all other
trash, including abandoned inflammable materials. which are a fire hazard or a menace to the public
health, safety. or welfare.
10-3 fFWRC 7.03.0301 Public Nuisance Defined
A public nuisance consists of doing an unlawful act. or omitting to perform a duty. or permitting an
action or condition to occur or exist which:
1. Unreasonably annoys. injures, or endangers the comfort, health or safety of others: or
2. Is unreasonablv offensive to the senses; or
3. Unlawfullv interferes with, obstructs or tends to obstruct. or renders dangerous for passage anv
stream, lake, bav. park. square. right-of-wav, street. allev, or sidewalk. in the City; or
4. Unlawfully interferes with. damages. or pollutes designated habitat areas. publiclv owned
restoration sites. streams. creeks, lakes, wetlands, or tributaries. and similar areas thereto; or
5. Results in illicit discharges into the municipal storm drainage svstem; or
6. In any way renders other persons insecure in life or the use of property; or
7. Obstructs the free use of property as to essentially interfere with the comfortable enioyment of life
and property; or
8. Results in unsecured attractive nuisances; or
9. Creates or permits the existence or continuance of any of the specific nuisances identified in this
chapter. violates a provision of this chapter. or is otherwise declared or deemed a nuisance bv this Code.
10-4 fFWRC 7.03.0401 Specific Public Nuisances
The following specific acts, omissions, places, conditions. and things, including those that create.
maintain, use, cause, allows. or permits to exist or remain on any public or private property any of the
following specific acts. omissions, places, conditions, and things, are herebv declared to be public
nUIsances:
1. Excavations or naturally occurring holes, including, but not limited to, privies, vaults, cesspools,
sumps, pits. wells, or anv other similar conditions, which are not secure and which constitute a concealed
danger or other attractive nuisance;
2. Making. causing. or permitting to be made discordant and unnecessary noise of any kind which
annovs any significant number of persons lawfullv in the immediate area, whether bv means of anv
speaker or other sound-amplifying device, horn, or other mechanical device; or bv outcry, loud speaking.
singing: or by any other means:
3. The discharge of sewage, human excrement. or other wastes in anv location or manner. except
through svstems approved for the convevance of such. to approved public or private disposal svstems and
which are constructed and maintained in accordance with the provisions this Code, other applicable law.
or in a manner iniurious to the public health;
4. Animal parts, manure, excreta, or wastes including bones, meats, hides, skins, or anv part of any
dead animal. fish, or fowl. which are improperlv handled, contained. or removed from a premise; placed
in anv watercourse, lake, or street; or allowed to become putrid, offensive, and iniurious to the public
health;
5. The erection or use of anv building, room, or other place in the City for exercise of anv trade,
employment. or manufacture which, by emitting noxious exhausts. particulate matter, offensive odors. or
other related annovances, is discomforting, offensive. or detrimental to the health of individuals or of the
Ordinance 08-
Page 3 of 17
..
public;
6. Anv poisonous material or thing on anv property. placed so as to be dangerous to any person or
domesticated animal:
7. Storing of flammable iunk on anv property, including but not limited to old rags, rope. cordage,
rubber, boxes. or paper, unless it is in a building of fireproof construction;
8. Burning or disposal of refuse, sawdust, or other material in such a manner as to cause or permit
ashes, sawdust. soot. or cinders to be cast upon the streets of the City, or to cause or permit the smoke.
ashes, soot, or gases arising from such burning to become annoving or to iniure or endanger the health,
comfort. or repose of persons;
9. To carry on the business of manufacturing gun powder, nitroglvcerine, or other highly explosive
substance, mixing or grinding such materials. or to establish a powder magazine within a 1000 feet of any
building or without all necessary permits:
10. Filthy, littered, trash-covered. or overgrown premises or abutting street and alley rights-of-way for
which a property owner is responsible, including, but not limited to:
(a) Storing outside a completelv enclosed building litter. iunk, or cut brush or wood including
dead or decaying plant material except as contained in a compost pile or orderly stacked firewood if cut in
lengths of four feet or less, or items that threaten public health. safety or welfare;
(b) All unused, abandoned or discarded refrigerators, ice boxes or like containers which are left in
anv place exposed or accessible to children, whether such is outside anv building or dwelling or within
anv unoccupied or abandoned building, dwelling or other structure;
( c) All places used or maintained as dumps, iunkvards. or automobile or machinery disassemblv
vards or buildings not properly permitted and licensed or not in compliance with anv law or regulation.
11. Any unsightlv, abandoned, or deteriorated structure constructed with inappropriate materials or
improperlv fastened together or anchored against the forces of nature; any screening which is in a falling,
decayed, dilapidated, or unsafe condition: anv structure where construction was commenced and the
structure was left unfinished; or any structure that has been constructed or modified without permits or
which is otherwise in violation of City ordinance;
12. Personal property left in the public right-of-wav of anv road or alley, including but not limited to
any personal and household items. furniture, appliances, machinery, equipment, building materials: and
the abandonment or allowing the abandonment of property in any public right-of-wav:
13. The parking or storage of vehicles on single-familv residential lots in violation of the parking
regulations in this Code:
14. To obstruct. impede. or encroach upon. without legal authority, the use of any river. harbor. lake,
waterwav: landing place, right-of-wav. street. private wav. or public area: to unlawfully obstruct or
impede the flow of municipal transit vehicles or passenger traffic, access to municipal transit vehicles or
stations, to unlawfully obstruct or impede a municipal transit driver. operator, or supervisor in the
performance of that individual's duties; or otherwise interfere with the provision or use of public
transportation services: or to create or place any device simulating traffic control signs:
15. To suffer, maintain, or permit to be maintained, any place where intoxicating liquors are
unlawfullv kept for sale or disposal to the public:
16. Anv place where fighting between people or animals or birds is unlawfullv conducted or allowed.
17. Those acts, omissions, places, conditions, and things declared nuisances elsewhere in this chapter
or elsewhere in the Code. including in FWCC 4-146 - 4-154 and FWCC 6-340.
18. All violations of development. land use. public health, safety, and welfare and sanitation rules,
regulations, or ordinances of the City or Seattle-King County Health Department rules, regulations, or
ordinances
Anything meeting the definition of a public nuisance under this chapter.
10-5 rFWRC 7.03.0501 Nuisance is a violation
Ordinance 08-
Page 4 of 17
It is unlawful and a violation of this chapter, whether bv act or omission, to cause, create. maintain,
suffer. or allow a public nuisance to occur. exist, or remain. Each dav any person allows or fails to abate
such nuisance after notice shall constitute a separate violation. In addition to any other penalty, a violation
of anv provision of this chapter is a civil infraction under FWCC 1-24.
10-6 rFWRC 7.03.0601 Penalties and enforcement. authority
The Building Official and Code enforcement officers mav enforce the provisions of this chapter
rTitle 1 through any enforcement provisions in Chapter 1, Art III. Police officers mav enforce the
provisions of this chapter criminally or otherwise regardless of any civil actions or proceedings. The
provisions of this chapter are not exclusive, and mav be used in addition to other enforcement provisions
authorized bv the Code or other applicable law, except as specifically precluded bv law. The code
enforcement officer charged with the enforcement of this chapter. acting in good faith and without malice
in the discharge of his duties, shall not therebv be rendered personally liable for damage that mav accrue
to persons or property as a result of an act or omission in the discharge of the assigned duties. The
Building Official is authorized to administer and adopt rules and regulations to carry out the provisions of
this chapter.
10-7 rFWRC 7.03.0701 Ri2ht of Entrv
Where it is necessary to make an inspection to enforce the provisions of this chapter. or where the
code enforcement officer has reasonable cause to believe that there exists in a structure or condition
which is in violation of this chapter, the code enforcement officer is authorized to enter the structure or
premises at reasonable times to inspect or to perform the duties imposed bv this chapter: provided. that if
such structure or premises be occupied that credentials be presented to the occupant and entry requested.
If such structure or premises is unoccupied. the code enforcement officer shall first make a reasonable
effort to locate the owner or other person having charge or control of the structure or premises and request
entry. If entry is refused. the code enforcement officer shall have recourse to the remedies provided bv
law to secure entry including seeking a search warrant and, upon a showing of probable cause specific to
the area sought to be searched that a violation exists. a court of competent iurisdiction shall issue a
warrant allowing a search of the common areas in which the violation is alleged.
SECTION 2. Chapter 22, Article XIII, Section 22-948 of the Federal Way City Code (FWRC
7.05.020) shall be amended to read as follows:
22-948 [7.05.020] Erosion and sedimentation regulation.
It is a development regulation violation, a public nuisance, and a violation of this Code for the owner
of the subject property to create, allow or perpetuate conditions on the subject property which cause the
erosion or undermining of adjacent property. It is also a development regulation violation, a public
nuisance, and a violation of this Code the owner of the subject property to create, allow or perpetuate a
condition which causes the deposition of sediments or the movement of other geologic materials onto
adjacent property. (Ord. No. 90-43, ~ 2(115.35),2-27-90)
SECTION 3. Chapter 22, Article XIII, Section 22-950 of the Federal Way City Code (FWRC
7.05.030) shall be amended to read as follows:
22-950 [7.05.030] Glare regulation.
Any artificial surface which produces glare which annoys; injures; endangers the comfort, repose,
health or safety of persons; or in any way renders persons insecure in life or in the use of property is a
Ordinance 08-
Page 5 of 17
public nuisance, a development regulation violation, and a violation of this Code. (See also FWCC 22-
954.) (Ord. No. 90-43, 9 2(115.50), 2-27-90)
SECTION 4. Chapter 9, Article VII, Section 9-388 of the Federal Way City Code (FWRC 7.05.070)
shall be amended to read as follows:
9-388 [7.05.070] Penalty for Temporarv Business violation.
(a) ,^.ny person and the efficers, directors, managing agents, or partners ef aflY corporatioR, firm,
partnership or other organization or business violating or failiRg te comply with any of the previsions of
this article shall be guilty of a gross misdemeanor.
(b) In addition to any pef1alties provided in this section, any Any condition caused or permitted to
exist in violation of any of the provisions of this article Chapter 9, Article VII rChapter 12.251 Temporary
Business, is a public nuisance and all remedies given by law for the pre'leBtioFl and abatefReflt of
nuisances shall apply thereto. Further, each day that sl:leh eonditioFl or yiolatiefl eentinues shall be
regarded as a nO'll and separate off-ense and shall be punished aecordingly. (Ord. No. 90-62, 9 8,6-19-90;
Ord. No. 91-110, 9 8, 11-5-91; Ord. No. 02-429, 9 15, 11-19-02)
SECTION 5. Chapter 9, Article vrn, Section 9-422 of the Federal Way City Code (FWRC 7.05.080)
shall be amended to read as follows:
9-422 [7.05.080] Public Dances and Dance Halls Violations:
(a) It shall be a misdemeanor te engage in any activity, aet or CORGl:lCt ifl '/ielation of any ef the
pre't1sions of this artiele, ineluding, 'Nithel:lt limitation, operatiRg or managing a pl:lblie danee ...t1tbel:lt
having first obtained a valid lieense, or rene'l/al or eperating or managing a pl:lblie danee after re'loeation
or suspension of any dance hall license.
W Any activity, act or conduct contrary to the provisions of this article Chapter 9. Article vrn
rChapter 12.301 Public Dances and Dance Halls, is bereby declared 1e be unlawful, and the vielation itself
is an injwy to the ee1'tlfl.'N:H'lity eonstituting a public nuisance. (Ord. No. 92-132, 9 1(9.52),4-14-92)
SECTION 6. Chapter 13, Article VI, Section 13-180 of the Federal Way City Code (FWRC 7.05.090)
shall be amended to read as follows:
13-180 [7.05.090] Sidewalks ~'y:iolations deemed nuisance.
The violation or failure to comply with the provisions of this article Chapter 13. Article VI rChapter
4.401 Sidewalks. shall be considered a public nuisance. 1\11'Y person failing to abate the nuisance '.vithin 10
days of serviee of the notice ofyiolation shall be soojeet to a fine efup to $250.00 for eaeh offense. Each
day a person fails to abate such nuisanee after notice shall constitute a separate offense. (Ord. No. 93-188,
9 1,9-21-93)
SECTION 7. Chapter 13, Article VII, Section 13-252 of the Federal Way City Code (FWRC
7.05.100) shall be amended to read as follows:
13-252 [7.05.100] Rieht-of-wav Veeetation-V,y:iolations deemed nuisance.
The violation or failure to comply with the provisions of this article Chapter 13. Article VII rChapter
4.351 Right-of-wav Vegetation. shall be considered a public nuisance. J'.ny person failing to abate the
Ordinance 08-
Page 6 of 17
ooisanoe '.vithin the time period specified by the director's notice shall be subject to a fine of 1:1p te
$250.00 for eaoh offense. Each day any person fails to abate such nuisance after notioe shall constitute a
separate violation. (Ord. No. 93-187, S 1,9-21-93)
SECTION 8. Chapter 22, Article XIII, Section 22-1201 of the Federal Way City Code is hereby
repealed as follows:
22 12tH Pub lie BuisRBee.
In addition to the other requirements of tms sectieB., any discharge into water or change in water
quality whioh annoys; iB.jl:lfes; endangers the cemfort, repose, health or safety ef persons; ar iR any way
renders persons insec1:lfe in life, or in the use of property is a 'Relation of tms ehapter. (Ord' No. 90 43, ~
2(115.150(6)),227 90)
SECTION 9. Chapter 10, Article II, Section 10-26 of the Federal Way City Code (FWRC 7.10.010) is
hereby repealed as follows:
10 26 (7.10.010) CeBerRl prohibitioB.
It is unlawful for any person to cause, or fer any person in possession of }*"operty to allow to originate
from tae property, sound that is a public disturbanee naise. (0111 Ne. 90 37, ~ 1(.^...), 220 90)
SECTION 10. Chapter 10, Article II, Section 10-27 of the Federal Way City Code (FWRC 7.10.020)
shall be amended to read as follows:
10-27 (7.10.020) IDustrative eBumeratioB Public disturbance noise.
It is unlawful for anv person to cause. or for any person in possession of property to allow to originate
from that property. sound that is a public disturbance noise. This section shall not apply to regularlv
scheduled events at parks. such as public address systems for baseball games or park concerts between the
hours of 9:00 a.m. and 10:30 p.m. The following sounds are public disturbance noises in violation of this
artiele section:
(1) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor
vehicle, except as a warning of danger or as specifically permitted or required by law.
(2) The creation of frequent, repetitive or continuous sounds in connection with the starting,
operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal
combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace
and comfort of owners or possessors of real property.
(3) Yelling, shouting, whistling or singing on or near the public streets, particularly between the
hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to unreasonably disturb or interfere with the
peace and comfort of owners or possessors of real property.
(4) The creation of frequent, repetitive or continuous sounds which emanate from any building,
structure, apartment or condominium, which unreasonably disturbs or interferes with the peace and
comfort of owners or possessors of real property, such as sounds from musical instruments, audio sound
systems, band sessions or social gatherings.
(5) Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc
players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.
(6) Sound from portable audio equipment, such as tape players, radios, and compact disc players,
operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the
property of the operator.
Ordinance 08-
Page 7 of 17
(7) The squealing, screeching or other such sounds from motor vehicle tires in contact with the
ground or other roadway surface because of rapid acceleration, braking or excessive speed around comers
or because of such other reason; provided, that sounds which result from actions which are necessary to
avoid danger shall be exempt from this section.
(8) Sounds originating from construction sites, including but not limited to sounds from
construction equipment, power tools and hammering between the hours of 8:00 p.m. and 7:00 a.m. on
weekdays and 8:00 p.m. and 9:00 a.m. on weekends.
(9) Sounds originating from residential property relating to temporary projects for the
maintenance or repair of horns, grounds and appurtenances, including but not limited to sounds from
lawnmowers, powered hand tools, snow removal equipment and composters between the hours of 10:00
p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. (Ord. No. 90-65, ~ 1(B), 7-3-
90; Ord. No. 99-341, ~ 3, 5-4-99)
SECTION 11. Chapter 10, Article II, Section 10-28 of the Federal Way City Code (FWRC 7.10.030)
is hereby repealed as follows:
10 28 (7.10.030) ExdllsioB.
This article shall not apply to regularly seheduled e'lents at parks, sHeh as publie adaress systems for
baseball games or park eoneerts betweeFl the hours ef9:00 a.m. and 10:39 p.m. (Ord. No. 99 37, ~ 1(C),
220 90; Ora. No. 99 €i5, ~ 2, 7 3 90)
SECTION 12. Chapter 10, Article II, Section 10-29 of the Federal Way City Code (FWRC 7.10.040)
is hereby repealed as follows:
10 29 (7.10.040) ERfoFeemeRt.
Civil eFlforeemern of the previsions efthis ehapter shall be governed by Chapter 1 P\VCC, .^..rtiele III,
Civil Enforeement of Cede. Civil enforeement is in aaaition to, and does not liFflit any other forms of
enforeement available to the eity ineh:1aing, but Flet limited to, eriFflinal sanetions as speeifiea herein or
Chapter 1 PWCC, .^.rtieles II, III, nuisaflee and ifljunetion aetions, or ether eivil or equitable aetions to
abate, diseontinue, eorreet or diseourage unlawful aets in yiolation of this ehapter. Por seeond and
subsequent violatieRs of the provisioos of this ehapter, the perseR shall also be guilty ef a misdemeanor
and upon eon'.'ietion shall be punished as proyided in FWCC LU. (Ord. No. 90 37, ~ l(D), 22090; Ord.
No. 99 312, ~ 7,5 1 99)
SECTION 13. Chapter 10, Article III, Section 10-52 of the Federal Way City Code (FWRC 7.15.020)
shall be amended to read as follows:
10-52 (7.15.020) Definitions.
fat Abate means to remove or conceal graffiti by such means as is reasonably necessary and to
otherwise bring a property into compliance with the city code.
W Defacement means any marring and includes but is not limited to any unauthorized writing,
painting, coloring, carving, disfigurement, damaging, breaking, drawing, inscription, figure, or mark of
any type that has been placed upon any property, through the use of means including but not limited to
paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking or
damaging property.
Ordinance 08-
Page 8 of 17
(e) Enforeement offieer or enforeement offieial means any eity eode enforeement offieer or othet' eity
offieials designated by ordimmee or by the city manager for purposes of enfereing the pF0'lisions of this
artisle or provisions of othet' seetions ofthe eity code or other laws of the eity.
W Graffiti means any defacement of property.
(e) Hearing examinet' meaBS the Fedet'al Way heari.ilg eJ,aminer aRd the offiee thet'eof.
f!1 Property means real or personal property, both public and private, and includes but is not limited
to vehicles, artwork, decorations, sidewalks, pavement, poles, rocks, trees, bridges, buildings, barriers,
walls, fences, gates, signage, installations, improvements, and structures within the city.
fgj Responsible party means an owner, a person acting as an agent for an owner, a person who has
authority over the property, or a person responsible for the property's maintenance or management.
Irrespective of any arrangement to the contrary with any other party, an owner shall always be a
responsible party for the purposes of this chapter. There may be more than one responsible party for a
particular private property. Where there is more than one responsible party, notice to any responsible
party shall be deemed to be notice to all. Where there is more than one responsible party, permission from
any responsible party shall be deemed to be permission from all unless a specific objection is made by a
nonconsenting responsible party.
W Unauthorized means without the prior express permission or consent of a responsible party. (Ord.
No. 07-550, ~ 2, 3-20-07)
SECTION 14. Chapter 10, Article III, Section 10-54 of the Federal Way City Code (FWRC 7.15.040)
is hereby repealed as follows:
19 S4 (7.15.949) Notiee to eorreet graffIti.
(a) Issuanee. Whenever an enforeemeH-t offieer determines that graffiti eKists on preflerty withiR the
eity, and the graffiti is visible from publie property, frem a 10eatioR epen to the pHblie, or frem a publie
right of 'Nay, he or she may issHe a Retiee to eorreet graffiti te the responsible party.
(b) Content. The Retise te sorreet graffiti shall inelude the followiRg:
(1) The nafl'le and address of the property evmer andler ether respeB:sible party te \vhom the
Betiee to eorreet graffiti is direeted;
(2) The street address or other deseriptieR sHffieient for identifieatieB ef the Pf0flerty, building,
strueture, premises, or laBd upeB or within whieh the graffiti has oeeurred er is oeel:liTing;
(3) ,^.. deseription of the graffiti, ineluding a referenee te this artiele;
(1) ,^.. statement that '.vithiB three days of serviee of the notiee te eorreet graffiti, the respensible
party must either abate the graffiti or eontaet the eHforeement offieer and entet' an abatomeRt plan. ,^..n
abatement plan shall mean a plan or series of stops agreed to between a responsible party and an
enforeement offieer in ordet' to abate graffiti;
(5) 1\ statement that an appeal of the notiee to eorreet graffiti may be filed pursuant te FWCC 10
56 within 10 days of set'viee of the notiee to oorreet graffiti;
(6) /\. statement that if the Betise to oorreot graffiti is Bot appealed, the graffiti is not abated, an
abatement plan is not entered, an abatement plan is not eomplied '.vith, or a hearing exlH'l.'J:i.Rer so orders
that the graffiti may be s1:H'Flmarily abated by the oity with eosts beil3.g assessed against the r-esponsible
paFty-:
(c) Service of notioe to eorreot graffiti. The enforee:ment offieet' shall serve the notiee to oorreot
graffiti upon the responsible party, eithet' by deli':ering it personally, or by mailing a eopy by registered or
oertified mail to the responsible party at his/het' last knoy,'n address. If servioe is not aeeomplished by
personal servioe and if an address for mailed serviee oannot aftet' due diligenee be aseertained, notiee
shall be served by posting a eopy of the notioe to oorrect graffiti eonspieuously on the affeeted pt"eperty or
strueture. If serviee is by personal serviee, serviee shall be deemed eomplete immediately. If servioe is
made by mail, servise shall be deemed eomplete upon the third day following the day upon \~ieh they
Ordinance 08-
Page 9 of 17
are placed in the mail, unless the third day falls eR a Saturday, Sunday or legal holiday, in v{hieb event
service shall be deemed eomplete on the first day other than a Saturday, Sunday or legal holiday
following the third day. If service is made by posting, service shall be deemed complete on the third day
following the day the notice of graffiti is posted. (Ord. No. 07 550, S 2, 3 20 07)
SECTION 15. Chapter 10, Article III, Section 10-55 of the Federal Way City Code (FWRC 7.15.050)
is hereby repealed as follows:
10 55 (7.15.050) Civil infraetion.
It is a ciyil infraetion to fail to pay costs of abatement pursuant to F\VCC 10 57. Infractions issued
under this section shall be governed by FWCC 1 21 except that the maximum penalty aRd tbe aefaa1t
amount shall be $1.00 not iRe1ading fees, oosts, and assessments. In addition to any fine, fee, costs, or
assessments impesed for an infractieR under this sectioR, a eemi may also impose restimtioR fer any easts
for abatement under FWCC 10 57 as part of the monetary obligations for an infra€ltion under this section.
The proyisions of this se(:Jtion are not exclasive, and may be used in addition to other enfor€lement
provisions authorized by this article, the Federal ''vay City Code in general, or other appli€lable law,
ex€lept as speeifieally precluded by law. (Ord. No. 07 550, S 2, 3 20 07)
SECTION 16. Chapter 10, Article III, Section 10.56 of the Federal Way City Code (FWRC 7.15.060)
is hereby repealed as follows:
10 56 (7.15.0(iO) .'\I'peals to the hearing exam.iner.
(a) General. .\ responsible party to 'Nhom a notiee te eerreet graffiti is direeted may appeal to the
heariRg examiner. The person appealing may appeal either tbe detenniRatieR that graffiti exists on
property within the city, aRd the graffiti is visible from publi€l property, from a location open to the
publie, or from a publie right of way; the amount of any (:Josts imposed; the corre€ltive action ordered; or
any eombination thereef. The €lity may also request a heariRg befere tbe heariRg e](am.iner te assess €losts,
modify pre'.ious orders, or to enter ether orders as needed. If no appeal is filed within 10 days of issuanee,
the notice to correet graffiti shall be final and cOR€lhwi'le and not subject to appeal or review in any f-Drum.
(b) Hoy: te appeal. In order te appeal, a person nRlst file a '.'fritten notiee of appeal ....lith the city clerk
within 10 ealendar days from tbe date of issuanee of the noti€le to €lorrect graffiti, specifying wbat issue is
being appealed. The appeal must be a€leompanied by a filiRg fee in the am.eunt ef $100.00, payable by
cash or a eheek to the city of Federal V'lay, whieh is refundable iR the eveRt tbe appellam faUy pre':ails eR
the appeal. The filing fee is waived iR eases 'Nhere the €lity requests the hearing.
(c) Effe€lt of appeal. The timely filing ef an appeal in complian€le Ylith this section shall stay any
requirement for abatement.
(d) Hearing.
(1) Date of hearing. Within 10 days of the clerk's re€lei:pt of the appeal, tbe hearing eRaHliiier shall
set a public hearing for a date within 30 days oftbe elerk's reeeipt of the appeal.
(2) Notiee of hearing. The notiee sball eontain the felle'.viRg:
a. The file namber and a brief deseription ofthe matter being appealed.
b. }~ statement of the seepe of the appeal, ineluding a sunrmary of the errors alleged and the
findings and/or legal eenelusions disputed in the appeal.
o. The date, term, and plaee of the hearing on the appeal.
(3) Distribution of net ice. The notiee shall be mailed to the city, the responsible party, and/or the
appellant at least 10 ealendar days before the hearing on the appeal.
Ordinance 08-
Page 10 of 17
(1) ParticipaticJR in the appeal. The city and the a}')}')ellant may participate as parties in the Hearing
and eaeh may eall witnesses. .^.ITY person may participate in the hearing in either or both of the f-ollewing
ways-:-
a. By submitting writteR comments to the hearing examiner, either by delivering these
comments te the clerk prier to the hearing or by gi'.ing these directly to the hearing exam.iner at the
hearing.
b. By appearing in person, or through a representative, at the hearing and making oral
comments directly to the hearing. The hearing examiner may reasenabty limit the extent Elf oral cemments
to facilitate the orderly and timely conduct of the hearing.
(5) Conduct of hearing. The hearing e1(aminer shall eondl:lct the heariRg on the ap13eal pursl:lant to
the nHes of procedure of the hearing exaFfl'iner. The city shall ha'/e the burden of preef by a
preponderance of the e','ideRce that graffiti exists on the property within the city, amI the graffiti is visible
from }')l:lb1ic property, from a 1ecatien Elpen to the public, or from a public right ef way, er that abatement
is Reeded to C1:H"e the ',iolatieR. The hearing examiner shall make a com}')lete electronic sound recording of
the public hearing.
(6) ContiRl:lation of the hearing. The hearing exam.iner may cOHtinue the heariRg if the hearing
exaFfl'iRer determines that he or she needs mere inf-ormation OR the matter. The hearing examiner may
eontinue the hearing by stating the time and place ef the ne1[:t hearing duriRg the hearing, '.vifueut need ef
providing any further netiee.
(e) Decision of hearing examiner.
(1) Issuance. The hearing exlHl.'l4ner shall issl:le an oral decisien at the time Elf the hearing l:lH.1ess
good cause exists to delay the decision. The hearing exaFfl'iner shall issue a 'l,'fitten decisioR, iRch:lding
fmdiRgs, conc1usiens, and orders, '.vithin 11 days of the Hearing. The awellant is req1:li:red to cemply Yfith
any decision of the hearing elmmifler whether oral or '.witten U13eR issuance.
(2) Vacation of netice to correct graffiti. If the hearing el(am.iner determines that there is
insl:lfficient e'/iden:ce that a .ie1atien substantially as stated iR the notice to cerrect graffiti e1dsts, the
hearing exam.H1er shall 'lacate the notice te correct graffiti, and erder the appeal fee refUflded.
(3) "'\ffirmance. If the hearing exam.iner determines that there is suffielent evidence that graffiti
exists en property 'Nithin the city, and the graffiti is '.4sible from pl:lblie property, from a lecation e13en to
the public, or from a poolie right of way, the hearing exaFfl'iRer shall affi-rm the notiee to eorreet graffiti
and shall order the violation be abated by the reSf)onsible party and set a date for eElmpliaRee no later than
tlH-ee days from the date and time ef the heariRg. If the graffiti is 1'I:et abated by the date set fer eom13lianee
by the hearing examiner, the city may abate the graffiti. The hearing examiner shall set a new hearing date
to '/erify cempliance or assess costs for any abatement by the city.
(4) ModificatioR. The hearing examiner may order a eomp1ianee date for abatement later than
three days from the date of the hearing or modify the assessment ef costs ef abatement if good Cll:\:lse is
found. In so ordering, the hearing el.lHl.'l4ner shall eonsider the following:
a. Whether the intent of the appeal was te delay eemplianee;
b. 'N'hether the appeal was frivelous;
e. Whether the applieant exereised reasonable, timely, and geed faith effert te eom}')ly with
the notice to eorrect graffiti; afldlor
d. l\ny other relevant factors.
(5) Effeet of decision. Failure to comply with the deeision of the hearing examiner shall constitute
a gross misdemeanor punishable by a fifle of not more than $5,000 or up to 365 days imprisoflHleflt, or
both. In addition to criminal punishm:ent pursuant to this subsection, the eity may pl:lfsue any other
enforcement authorized by la'lI.
(n JUdieial review. Judieial review ef a decision by the hearing examiner may be sought by any}')arty
aggrie'led or adversely affected by the deeision, if the '.witten petition seeking re'.iew is filed afld served
on all parties within 21 days of the date of the decision. Filing ef a petition for review does not stay any
Ordinance 08-
Page 11 of 17
required aotion v:ithout further order of the hearing examiner or a sol:H1: having jurisdi€ltion over the
matter. (ard. No. 07 550, ~ 2, 3 20 07)
SECTION 17. Chapter 10, Article III, Section 10-57 of the Federal Way City Code (FWRC 7.15.070)
is hereby repealed as follows:
10 57 (7.15.070) .A~batement by the eity.
(a) .^.uthority to abate. The €lit)' may abate graffiti when any responsible party fails to abate a violation
'Nithin 10 days of an unappealed notiee to eorreot graffiti 'l;here either no abatement plan has been entered
or an abatement plan has not been eomplied with, or as ordered ey the hearing examiner. The eity may
use agents, oontra€ltors, or volunteers under its direetion, who may aet pursuant to this arti€lle.
(b) f.uthorized astioFl ey the eity. Usiflg any lawful means, the eity is expressly al:lthorized to enter
UpOfl the flrel'Hises to aeate graffiti d1:1fing regular business hours or at times mutually agreeable with the
responsible party. .^Jl reasonable efforts to minimize damage from suoh eFltry shall be tak-eB ey the eity.
The €lity shall not authorize nor undertake to provide for the flainting or repair of any more e~.teBsive area
than the area '",here the graffiti is lo€lated. The oity may seek sush judieial proeess as it deems neeessary
to effeet the abatement.
(e) Resovery of 00stS. The responsible party and/or the OY:Iler shall ee jointly and severally liable for
the eosts, in€lluding in€lidental expenses, of any abatement ey the €lity and sush S0Sts shall eOFlstiMe a
personal obligation and a debt owed to the eity and shall be eflforeeable as a lien against the preperty
upon whieh sueh nuisanee existed, in addition to the other legal remedies a'iailable for enforeeHleflt 0f
debts. The oosts shall beoome due and payable to the eity y;itmn 11 ealendar days from the date ef Flotiee
from the eity that oosts are due. The term "inoidental expeases" in€l1udes but is FlOt limited to pers0lmel
eosts (both direet and indireet); attorney's fees; oosts iFlsl::HTed in doeumemiFlg the violatieFl; hal:lling,
storage aFld diSflosal eKfleBses; e~.penses of the 0ity in preparing notiees, Sflesifieations aad sOFltraets; the
eosts of assomplismFlg and inSfleeting the work; eollestion €losts whether dire€lt or indireet; the sosts of
any oontraetors for any portion of the abatement proeess; afla the eosts of aR-Y required pnntiFlg and
mailing. The direotor of the €lommunity development department or desigRee, or the hearing examiner,
may in his or her diseretion waive in whole or part the assessmeBt of any eosts of abatement upon a
showing that abatement has oe€lurred or is no longer nee essary, or that the €losts Y;0uld sause a finafleia1
hardship for the reSflonsible party. The eity may authorize the use of eelleetion ageneies to reeo'lef eosts.
The eity attorney is authorized to eolleet the eosts by use of appropriate legal remedies.
(d) Interferenoe. No person shall obstruet, impede, or interfere with the sit)' or its agents, or \'/ith any
persOB who owns, or holds any interest or estate in any flropert)', in perform.iflg any tasks neeessary to
eorreet the violation. (ard. No. 07 550, ~ 2, 3 20 07)
SECTION 18. Chapter 10, Article III, Section 10-58 of the Federal Way City Code (FWRC 7.15.080)
is hereby repealed as follows:
1058 (7.15.080) Warrants authorized if needed.
(a) .\ warrant to enter the property to inspeet or abate \:Hider this artiele shall not be required for
graffiti 'lisible from outside of the property and aeeessiele from normal aeeess routes from the publie
right of way.
(b) .\ judge or €lommissioner of the munioipal oourt of the oity of Federal Way or other eourt ''''lith
jurisdiotion, upon a proper oath or affirmation showing eomplianoe with this artiele aFld flrobable eoose
that a vielation is present on a property, shall have power to issue a warrant direeted to a state or loeal
offisial authorizing the offioial to enter the property to inspeet or abate.
Ordinance 08-
Page 12 of 17
(0) A warrant shall issue only upon applioation of an enfaroement offioer or employee of a
proseouting or regulatory authority supported by deolaration or affidavit made lHlder oath or upon sworn
testimony before the judge and establishing probable oause for the issuanoe of the \':arrant and
partioularly desoribing the property and the ',iolation. For purposes oftms seetion, probable cause exists if
there is reasonable oause to believe that a violation is present upon the partioular propcrty to be entered.
(d) If the judge or oommissioner is satisfied that the stafldard for issuing a warrant has been met, the
judge or commissioner shaH issue the '.':arrant. The warrant must partioularly desoribe the property, the
violation, and the aotion to be taken.
(e) f~ warrant issued pursuant to this seotion must be exeol:lted and returned within 10 days lHlless,
upon a sho',ying of a need for additional time, the period is extended or reney/ed by a jadge or
oommissioner upon a finding that sueh extension or renewal is in the publie interest. f~ eopy of the
warrant and a reoeipt for abatement taken pursuant to the ',yarrant shall be given to the person whose
property is entered, or if the persofl is not at the property, the eopy shall be left in or on the property that
v:as entered or from whieh property was takeR. The return of the warrant shall be promptly made
aeoompanied by a ',yoUen in'/entory of any property takeR. /\. eopy of the retl:1m. shall be attaehed te the
y/arrant and filed with the clerk of the eoOO. (Ord. No. 07 550, ~ 2,3 20 07)
SECTION 19. Chapter 10, Article III, Section 10-59 of the Federal Way City Code (FWRC 7.15.090)
is hereby repealed as follows:
10 59 (7.15.090) ProvisioBS Bot exelusive.
The provisions of this ehapter are not exelusi'/e, and may be ased in additiofl to other enforeement
provisioRs authorized by the Federal Way City Code or other applioable la'N, exeept as speeifieally
preeladea by law. (Ord. No. 07 550, ~ 2, 3 20 07)
SECTION 20. Chapter 15, Article V, Section 15-141 of the Federal Way City Code (FWRC
7.20.010) shall be amended to read as follows:
15-141 (7.20.010) Junk vehicles.
fat Junk or junked vehicles are declared public nuisances under FWCC 22-1 and 22 952 this chapter.
(131) Junk vehicles may be impounded, provided the following notice and hearing procedures are
fulfilled:
(+f!) At least 15 days prior to impoundment, notice shall be provided to the property owner of
record and sent to the vehicle's last registered owner of record if the vehicle's owner's identity can be
determined and that person is different from the property owner. The notice shall provide that a hearing
may be requested and that if no hearing is requested, the vehicle will be removed. This notice may be
contained in the notice of violation. If the owner or occupier of the property hinders the city from
ascertaining the owner of the vehicle, the owner of the property shall be presumed to be the owner of the
vehicle;
(~Q) If a request for a hearing is received, a notice giving the time, location, and date of the
hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall
be mailed, by regular mail and certified mail, with a five-day return receipt requested, to the owner of the
land as shown on the last equalized assessment roll and to the last registered and legal owner of record of
the vehicle unless the owner cannot be determined. This hearing may be held in the same manner and at
the same time as an appeal of the notice of violation under FWCC 1-19;
Ordinance 08-
Page 13 of 17
(Jf) This section shall not apply to (a) a vehicle or part thereof that is completely enclosed
within a building in a lawful manner where it is not visible from the street or other public or private
property or (b) a vehicle or part thereof that is stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to
RCW 46.80.130 as it exists or is hereafter amended;
(4ill The owner of the land on which the vehicle is located may appear in person at the
hearing or present a written statement in time for consideration at the hearing, and deny responsibility for
the presence of the vehicle on the land, with his reasons for the denial. If it is determined at the hearing
that the vehicle was placed on the land without the consent of the land owner and that he has not
subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or
removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to
collect the cost from the owner of the property;
(~) After notice has been given of the intent of the city to dispose of the vehicle and after a
hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law
enforcement officer or a code enforcement officer with notice to the Washington State Patrol and the
Department of Licensing that the vehicle has been wrecked.
(62) At least 15 days after an unappealed notice of violation under FWCC 1-17 is issued, or at
least 15 days after the final decision on an appealed notice of violation, any junk or junked vehicle or part
thereof as defined by FWCC 22-1 and/or 22-952 and encompassed by the notice of violation is subject to
summary impoundment at the direction of a law enforcement officer or code enforcement officer. A law
enforcement officer or code enforcement officer may take custody of such vehicle, at his or her discretion,
and provide for its prompt removal to a place of safety. An impoundment under this section shall not be
considered an abatement under FWCC 1-21 nor subject to its provisions.
(6.J.) A warrant to enter the property and impound any vehicles shall not be required to impound
vehicles that are visible from outside of the property and accessible from normal access routes from the
public right-of-way, including but not limited to those vehicles on or adjacent to driveways and not
behind closed gates.
(1) .^~judge of the ml:Hl.ieipal eaurt of the oity afFederal Way, upon a proper oata ar afflffilatiefl
shavriRg eamplianoe with tms seetian and probable oaase that a jW1k or j1:H1k-ed vehiole is present aR a
property, shall have power to issue a warrant direoted to a stat-e er laeal offieial authariziRg the effieial to
enter the property ta impound the 'lehiele.
(2) A warrant shall issue only upon applioation of a aesigna-ted affioer ar employee af a
proseouting or regulatory authority supported by deolaration er affidavit made under oath or l:lfIaR sworn
testimony before the judge and establishing probable oause fnr the issuanee af the warraf}t and
partioularly desoribing the property ana the vehiole or vehieles to be impounded. For pUl"flases of this
seotion, probable eause exists if there is reasonable oause to believe taat a jl:lflk or junked 'lehiole is
present upon the partieular property to be entered.
(3) If the judge is satisfied that the standard for issuing a ,,":arrant has been met, the judge saall
issue the warrant. The warrant must partieularly desoribe the property and the vehiole or '/emoles ta be
impounded.
(1) .^~ '.Yarrant issaea pl:li"suant t-o this seotion must be exeel:lted and returned Y/ithin 10 aays
unless, upOR a SRo'l:ing of a need for additianal time, the periaa is extended or renewed by a jl:1dge upon a
finding that suoh extension er renewal is in the publio interest. .^~ oapy of the warrant ana a reoeipt for any
property seized plH"sl:1ant to the '.varrant shall be given to the person whose property is entered, ar if the
person is not at the property, the eapy shall be left in or OR the property that was entered or from 'HilleR
property was taken. The return of the warrant shall be promptly made aoeompanied by a \'.Titten invem:ary
of any property taken.
(5) A oopy ofthe return shall be attaohed to the warrant and filed with the olerk of the oooct.
(e4) Costs of removal may be assessed against the registered owner of the vehicle if the identity
of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied
Ordinance 08-
Page 14 of 17
with RCW 46.12.101 as it exists or is hereafter amended, or the costs may be assessed against the owner
of the property on which the vehicle is stored.
(f~) A registered disposer under contract to the city for the impounding of vehicles shall comply
with any administrative regulations on the handling and disposing of vehicles. (Ord. No. 06-534, S 1, 10-
17 -06)
SECTION 21. Chapter 22, Article XIII, Section 22-952 of the Federal Way City Code (FWRC
7.20.020) shall be amended to read as follows:
22-952 (7.20.020) Junk and junkyards prohibited.
It is a violation of this chapter to accumulate junk, or for a property owner or the person in control of
property to allow junk, junked~ or inoperable vehicles to accumulate, on the subjeet property, or to operate
or maintain a iunkvard on the proPerty. In additieB, a junkyard is not permitted iB the city. (Ord. No. 90-
43, S 2(115.70), 2-27-90; Ord. No. 96-269, S 4, 6-18-96)
SECTION 22. Chapter 22, Article IV, Section 22-330 of the Federal Way City Code shall be
amended to read as follows:
22-330 Immediate compliance with certain provisions required.
(aD Generally. Regardless of any other provision of this article, the following nonconformances must
be immediately brought into conformance with the applicable regulations provisi.ons ofthi.s chapter:
(l-~) Nonconformance that constitutes a public nuisance under Chapter 10 rTitle 71 with the Bei.se
standards in P'NCC 22 956;
(~Q) Nonconformance with the lighting standards in FWCC 22-954;
(3) Noneonformanee '.yith the heat emission standards in F\VCC 22 951;
(1) Noneonformanee v:ith the radiation standards in F\VCC 22 959;
(5) Noneonformanee 'lIith the air ElHality standards in F'VCC 22 917;
(6Q) Nonconformance with the standards in the International Fire Code and FWCC 8-51 through
8-120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director
in consultation with the appropriate fire safety officials;
(7) Nonconformanee 'lIith the oder standards in FWCC 22958;
(&g) Nonconformance with the provisions in FWCC 22-1111 et seq. regarding parking and
storage of large vehicles in residential zones;
(9) Noneonformanee v{ith the provisions in F'NCC 22 952 regarding junk;
(10) Nonconformanee with the glare standards in FWCC 22 950;
(-l-l-~) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs;
(l-~D Nonconformance with the provision in FWCC 22-1596 regarding location of signs
extending over rights-of-way.
(b~) Abatement. The city may, using any of the provisions ofP'NCC 22 121 et seq. of this Code or
any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in
subsection (al) of this section. (Ord. No. 90-43, S 2(165.25),2-27-90; Ord. No. 91-113, S 4(165.25), 12-
3-91; Ord. No. 92-135, S 3(165.25),4-21-92; Ord. No. 92-144, S 3(165.25), 6-16-92; Ord. No. 97-307, S
3, 12-16-97; Ord. No. 04-457, S 3,2-3-04; Ord. No. 04-468, S 3, 11-16-04)
SECTION 23. 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
Ordinance 08-
Page 15 of 17
PASSED by the City Council of the City of Federal Way this
,2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
Ordinance 08-
day of
Page 16 of 17
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-08
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTNE DATE:
ORDINANCE NO.: 08-
Ordinance 08- Page 17 of 17
COUNCIL MEETING DATE: December rd, 2008
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing 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: Land Use/Transportation Committee
MEETING DATE: Nov. 17th, 2008
CATEGORY:
o Consent
o City Council Business
[8] Ordinance
o Resolution
o
o
Public Hearing
Other
~!~~~~F.=_~Q~!.~..!.~~o~_~~~_~'.}2~~Y!X5~!!X_~!!Q~_~Y_____________~~~~:_~~~___
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 and clear; remove
redundancies, and direct enforcement to the Chapter [Title] I process for most civil enforcement
(except for some specific areas.) 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:
r::;J~
DIRECTOR APPROVAL: 1L-
Committee
f~
Council
COMMITTEE RECOMMENDATION:
~e~~tL
Committee Chair
~~
Committee Member
PROPOSED COUNCIL MOTION: HI mov v forward the ordinance to a second reading fQr enactment on the
January (/h consent agenda n.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06(2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, RELATING TO CIVIL CODE ENFORCEMENT, ADDING
SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 1,5,8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 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 civil code enforcement 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 civil code 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 1, Article I, Section 1-1 of the Federal Way City Code shall be amended to read
as follows:
1-1 How Code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated the
Federal Way Gity Revised Code, and may be so cited. The Code as it existed prior to 2008 was known as
the Federal Wav City Code and a reference to either, or a section of either. shall be deemed a reference to
the other or the corresponding section of the other.
Ordinance No
Page 1 of 36
SECTION 2. Chapter 1, Article I, Section 1-2 of the Federal Way City Code shall be amended to read
as follows:
1-2 Definitions aDd rules of eODstruetioD.
In the construotion ef this Code, and of all ordHumoes, the following rules shall be <:>bserved, 1:IDless
suoh oanstruotion 'Neuld be inoonsistent ','lith the manifest ffitent of the oity ceoocil:
The definitions in this section applv throughout the Code unless the context clearlv requires
otherwise or they are more specificallv defined in a title, chapter. subchapter, or section. Terms not
defined shall be given their usual meaning.
Abate means to repair. replace, remove, destrov, or otherwise remedv a condition which
constitutes a violation of this chapter bv such means and in such a manner and to such an extent as the
applicable department director, enforcement officer, or other authorized official determines is necessary
in the interest of the general health, safety, and welfare of the community.
Act means doing or performing something.
Applicant means a person who, whether personallv or through an agent. seeks. requests. submits,
or applies for anv permit. approval. license, franchise, development proposal. or capacity reserve
certificate (CRC); and also a person who is the owner of a property in the City of Federal Wav who is
engaged. whether personally or through an agent. in development. Applicant includes both the principal
and anv agent.
Boards, c01llR'l.ittees, eormnissions, officers, employees, departments, et6~ 'Whenever reference is
made to a beard, eommittee, eotIH:Rission, affieer, eInflleyee or departmeRt, eto., it shall mean the same as
ifit were follawed by the v,'erds "ofthe oity of Federal ''vay, Washington."
City. The word "city" shall mean means the City of Federal Way, Washington, and shall extend
to and include its several officers, agents~ and employees.
City council, calfficil. The terms "eity oouncil" and "eenneil" shaH mean or council means the
city council of the City of Federal Way, Washington acting in its official capacity.
Civil violation means a violation for which a monetary penalty may be imposed, except traffic
infractions
Code. The 'llord "Code" shall mean means the Federal Way bit;' Revised Code (FWRC). and
includes any valid ordinances adopted bv the City even though thev have not been codified.
Computation of time. In eomputffig any period of time prescribed or aHo'lIed by this Code, the
day of the aet, eveRt or default from whieh the designated period of time begins to run shall not be
inoluded. The last aay of the period so eomputed shall be ineluded lIDless it is a Saturday, Slffiday or legal
holiday in which evem the period shall run until the end of the next day v/hicn is neither a Saturday,
Sunday or legal holiday. ',\'hen the period of time flreseribed or allewed is less than seVeR days,
intermediate Saturdays, Sundays and legal hehdays shall be excluded in the computation.
Costs means, but is not limited to, contract expense and city emplovee labor expense incurred in
abating a nuisance; a rental fee for city equipment used in abatement costs of storage. disposal. or
destruction; legal expenses and attomevs' fees associated with civil iudicial enforcement of abatement
orders or in seeking abatement orders; and anv other costs incurred bv the city excluding. however. fees
and expenses associated with appeals authorized by this chapter or bv state law.
County. Vlhenevcr the ','lord "county" is l:1Sed it shall mean and refer to means King County,
Washington.
Curb means a cement. concrete, or asphaltic concrete raised structure designed to delineate the
edge of the street and to separate the vehicular portion from that provided for pedestrians.
Delegation of authority. Whenever a provisien appears requiriflg the head of a department or
some other oity efficer or emfllayee to do same act or flerform some 00ty, it shall be constmed to
authorize the ~ head ef the department or other officer er emfl1ayee te designate, delegate~ and
authorize subordieates to perform the required act er perf-orm the duty unless the terms of the prevision or
Ordinance No
Page 2 of 36
section specify otherwise and except for signing checks, execution 0f contracts~ and other amies regarwng
finance.
Development means anv human activity consisting of anv construction, expansion. reduction.
demolition, or exterior alteration of a building or structure; anv use, or change in use. of a building or
structure; anv human caused change to land whether at, above, or below ground or water level; and anv
use. or change in use. of land whether at, above. or below ground or water level. Development includes,
but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision
ordinances. building code ordinances, critical areas ordinances. all portions of a shoreline master
program, surface water ordinances. planned unit development ordinances. binding site plan ordinances,
and development agreements; including but not limited to anv activity that requires a building permit.
grading permit, shoreline substantial development permit, conditional use permit, special use permit.
zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding
site plan. site development, or right-of-wav use permit. Development also includes. but is not limited to,
filling, grading. paving, dredging, excavation, mining, drilling. bulkheading. driving of piling, placing of
obstructions to anv right of public use. and the storage of equipment or materials.
Development regulation means controls placed on development or land uses, but does not include
decisions to approve a proiect permit application even though thev may be expressed in a resolution or
ordinance.
Emergencv means a situation which in the opinion of the applicable department director or
decision maker requires immediate action to prevent or eliminate an immediate threat to the health.
welfare, or safety of persons, property, or the environment.
Enforcement official or enforcement officer means anv official designated bv ordinance or by the
city manager to enforce the provisions of the Code or a section or sections of the Code and includes the
city building official. city code enforcement officers, and law enforcement officers.
Gender. /\ word imp0rting either the mase\::lliRe or feminiRe gender shall extefl:d afld be applied to
both the masculine aRa feminine genders, aRa to fIrms, partnersflips ana eerporati0Rs.
Highway. The term "highway" shall iRclude includes any street, alley, aVeffiie or publie place or
square, bridge, viaduct, tunnel, underpass, overpass~ or causeway, or public place in the city dedicated or
devoted to public use.
"Keeper and pr0pnetor". The 'lIords "k-eeper" and "pr0prietor" shall meafl afld include persons,
firms, associations, eorpoFati0Rs, dubs and copartBerships, whether acting by themselves or thr0\::lgR a
servaflt, agent~ or employee.
Knowledge means being aware of a fact or circumstance or having information which would lead
a reasonable person in the same situation to believe a fact or circumstance exists. A person acts
knowinglv or with knowledge when that person either is aware of one or more facts, circumstances, or
results described bv an ordinance defining an offense; or the person has information which would lead a
reasonable person in the same situation to believe that facts, circumstances. or results exist which are
described by an ordinance defining an offense.
Month. The word "month" shall mean means a calendar month.
Number.}.. word importing the singular may extend and be applied to the plural, ana 'liee '1ersa.
Oath. The y,'ord "oath" shall include includes an affirmation in all cases in whieh where, by law,
an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
Occupant means anv person occupving or having possession of property or anv portion thereof.
Omission means a failure to act.
Owner. The word "O'llfler" as applied to a building or land shall include includes any part owner,
joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole
or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, elues, societies, fH'l'l'ls,
partnerships and bodies politic and corporate as well as to individuals.
Ordinance No
Page 3 of 36
Person means one or more individuals, firms, partnerships, corporations. sole l'roprietorships,
trusts. incorporated or unincorporated associations. clubs. societies. marital communities. joint ventures.
governmental entities, agencies, or other entities or grOUPS of persons, however organized.
Personal property. The term "pen;ona1 property" includes every species of property except real
property .
Property. The ','lord "property" shall include includes real, personal~ and mixed property.
Proprietor includes anv person whether acting bv themselves or through a servant. agent. or
emplovee.
Public place. The term "public place" shall mean any place subject to the primary control of any
public agency, including but not liHlited to any park, street, public way, cemetery, schoolyard or open
space adjacent thereto and any lake or stream.
Public place means anv place that is in common use by, or expressly or impliedly open to. the
public, whether owned or operated bv public or private interests, and includes but is not limited to anv
street. right-of-wav, parking area, sidewalk. plaza, playground, school ground, park. cemetery. lake.
stream, public conveyance, or business establishment open to the public.
RCW means the Revised Code of Washington.
Real property. The t-erm "real property" shall iRelude includes lands, tenements~ and
hereditaments.
Right-of-way means land owned, dedicated or conveved to the public or a unit of government.
used primarily for the movement of vehicles or pedestrians and providing for access to adjacent parcels.
with the secondary purpose of providing space for utility lines and appurtenances and other devices and
facilities benefiting the public. Right-of-wav includes, but is not limited to. anv street. easement.
sidewalk, or portion thereof under the jurisdiction of the city.
Sidewalk. The word "sidey,'alk" shall mean means any hard-surfaced walkways within a right-of-
way between the portion of the road designed or ordinarily used for vehicular travel any portieR ef a street
between the curbhne and the adjacent property line, intended for the use of, or ordinarily used by,
pedestrians or bicycles, including driveways.
Signature or subscription. The word "signature" or "subscription" means the act of writing or
affixing in anv way a person's name or mark, whether personallv or bv direction or adoption. or result of
such act. includes a mark y.hen the person cannot \\'lite.
State. The term "state" shall mean means the State of Washington.
Street. The werd "street" shall embrace means any streets, avenues, boulevards, roads, alleys,
lanes, viaducts~ and all other public ways in the city.
Tenant, or occupant. The words "tenam" and "oecupant" as applied to a building or land shall
include includes any person holding a written or oral lease of, or who occupies the whole or part of such
building or land, either alone or with others.
Tense. 'tV ords used in the past or present tense include the future as 'Nell as the past and }3resent.
Violation means an act or omission contrary to a provision or regulation of the Code. including
but not limited to any development regulations: all standards, regulations, or procedures adopted pursuant
to the Code; and the terms and conditions of any permit or approval issued pursuant to the Code; and
includes anv act or omission at the same or different locations bv the same person.
Written and or in writing. The words "written" and "in ',vriting" shall include includes any
representation of words, letters~ or figures, whether by printing or otherwise.
SECTION 3. Chapter 1, Article I, Section 1-3 of the Federal Way City Code shall be amended to read
as follows:
1-3 CatehliRes of seetioRs. Rules of Construction
The catchlines of the several sections of this Code printed in boldface type are intended as mere
catch',yords to indicate the coments of the sections and shall not be deemed or taken to be titles of such
Ordinance No
Page 4 of 36
sections, nor as any part of the sections; nor, unless expressly so provided, shall theyee so deemed when
any of suoh seotions, ineluding the catohlines, are amended or reenaoted.
In the construction of the Code the following rules shall be followed. unless such construction would
be inconsistent with the manifest intent of the city council. including as evidenced through a more
specific provision in the code, or where the context clearlv indicates a different construction.
(1) Boards, committees. commissions, officers. hearing examiners. employees. departments. etc.
Whenever reference is made to a board. committee. commission. officer, hearing examiners employee or
department. etc.. it means the same as if it were followed by the words "of the city of Federal Wav,
Washington. "
(2) Captions. Captions. catchlines, and headings used in the Code are not anv part of the law.
unless expresslv so provided.
(3) Citations. Citations to Titles. chapters, sections, or subsections shall be presumed to be those
of the FWRC unless the context indicates the citation is intended to refer to the FWCC. RCW. or other
document.
(4) Computation of time. In computing any period of time prescribed or allowed bv this Code. the
dav of the act. event or default from which the designated period of time begins to run shall not be
included. The last dav of the period so computed shall be included unless it is a Saturdav. Sundav, or
legal holidav in which event the period shall run until the end of the next dav which is neither a Saturdav.
Sundav. or legal holiday. When the period of time prescribed or allowed is less than seven days,
intermediate Saturdavs. Sundavs. and legal holidavs shall be excluded in the computation.
(5) Delegation. Whenever a provision appears requiring the head of a department or some other
city officer or emplovee to do some act or perform some duty, it shall be construed to authorize the person
to designate, delegate. and authorize subordinates to perform the required act or perform the duty unless
the terms of the provision or section specify otherwise and except for signing checks. execution of
contracts. and other duties regarding finance.
(6) Gender. A word using or implying either the masculine or feminine gender extends and
applies to both the masculine and feminine genders, and to all persons.
(7) Liberal construction. The provisions of this code shall be liberallv construed and shall not be
limited by any rule of strict construction.
(8) May. The word 'mav' is discretionary.
(9) Number. A word importing the singular mav extend and be applied to the plural and vice
versa.
(10) Prohibitions and permitting. Words prohibiting anything being done. except in accordance
with a license or permit or authority from a board or officer. shall be construed as giving such board or
officer power to license or permit or authorize such thing to be done.
(11) Reference to. or adoption of, a statute. code. or ordinance includes and incorporates the
statute. code. or ordinance as it exists or is enacted at the time of the reference or adoption. as well anv
future changes. amendments. re-codifications, additions. or deletions in that statute. code. or ordinance
that mav thereafter occur unless a contrary intent is clearlv expressed, and such statute. code. or ordinance
shall be given the same force and effect as if set forth in full. Whenever the word state shall appear in anv
statute adopted by reference in this chapter. the word city shall be substituted: provided. however. the
term citv shall not be substituted for the term state in those circumstances that set forth administrative or
licensing duties of the state and its subdivisions. Whenever a state statute specifically adopted in this
chapter refers to another state statute not s?ecifically adopted in this chapter. the statute referred to shall
be given the force and effect necessary to enforce the statute specifically adopted in this chapter. Statutes
and codes adopted bv reference by this Code shall be harmonized with other provisions of this Code to
the extent practicable but if thev are in direct conflict with other provisions of this Code that are explicitlv
articulated. the articulated provisions control.
(12) Registered mail. Whenever the use of "registered" mail is authorized by this code. "certified"
mail. with return receipt requested. mav be used.
(13) Shall. The word 'shall' is mandatory.
Ordinance No
Page 5 0136
(14) Tense. Words used in the "past or present tense include the future as well as the "past and
present.
SECTION 4. Chapter 1, Article III, Section 1-15 of the Federal Way City Code is hereby repealed as
follows:
1 15 DefiRitioRS.
In this chapter, l:lflless a different meaning is plaiRly required:
( a) .^~et means doing or performing something.
(b) Civil 'lio1atiofl F1'leans a yio1ation of a provisioo of a city development regulation for which a
monetary pooalty may be imposed lffider this ehapter. Each day or pection of a dlrY during which a
violatioR oceurs or exists is a separate violation. Traffic infraetions purSl:laRt to Chapter 11 FWCC are
speeifically exe1Mded from. the applieatien of this ehapter.
(0) Developmoot means the erectioR, alteratioR, oolargem.ent, demolitien, maiBtenance or use of
any structure or the aherlrtion er use of any land above, at or below gfelffid er water level, and all aets
autherized by a eity develepment regulation.
(d) Develepment regulation means and includes the fello',ying, as of er after the eff-eeti'le date ef
the ordinanee eodified in this ehapter:
(1) Chapter ~ FWCC, Buildings and BuildiRg Regt:11ations;
(2) Chapter ~ F\VCC, Fire Prevention and Proteetion Cede;
(3) Chapter 12 FWCC, NMisanees Code;
(1) Chaflter 11 FVlCC, Parks and Reereatien Code;
(5) Chapter 12. FWCC, Solid Waste Code;
(6) Chapter II FWCC, Streets, Side',valks and Certain Other Plaees Code;
(7) Chapt-er li F\VCC, Utilities Code;
(8) Chapter 1Q FWCC, Subdivision Code;
(9) Chapter n. FWCC, Zoning Code;
(10) .^Jl standards, regulatiens and proeedl:lres adepted pl:lfsuant to the aS0'le; and
(11) The terms and eooditions of any permit or appro'l'al issued pursMant to the abeve.
(e) "Emergency" means a simatioR ',yhich in the epinion ef the applieable department direetor
requires illlfl'lediate aetioo to prevent or eliminate aR iIllR'ledilrte threat te the health or safety of persons,
preperty, or the en'liroFlfl1:ent.
(f) "Enf-erccmont officitlr' means the eity building efficial, eity eode enforeement effieers, and all
other city offieials designated by ordinanee or by the eity maBager f-er pl.lfl3oses ef ooforeing the
provisions of this or other ehapters and eodes designated therein.
(g) Hearing exarni-ner means the Federal Way hearing eJlamf.ner and the offiee thereof.
(h) Omission means a failure to aot.
(i) Person ineludes any natural person, any eorporation or any l:lflincorporated assooiation or
partnership.
(j) Violation means an aet or onllssiofl eontrary to a oity develeflmeBt regulation inell:1ding an aet
or omission at the same or different loeations by the same persan. (Ord. No. 99-342, ~ 3, 5-4-99)
SECTION 5. Chapter 1, Article III, Section 1-14, of the Federal Way City Code shall be amended to
read as follows:
1-14 Purpose.
The purpose of this article is to establish an efficient, civil administrative system to enforce the
development regulations of the city, to provide an opportunity for an appeal of determinations of
Ordinance No
Page 6 of 36
violations and prompt hearings and decisions on any such appeals, to establish monetary penalties for
violations, and to provide for the collection of said penalties.
It is the express and specific purpose and intent of this article to provide for and promote the health,
safety and welfare of the general public and not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or benefitted by the terms
of this article.
It is also the express and specific purpose and intent of this article that no provision nor any term used
in this article is intended to impose any duty whatsoever upon the city or any of its officers or employees.
Nothing contained in this article is intended nor shall be construed to create or form the basis of any
liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from
any action or inaction on the part of the city, its officers, employees or agents. (Ord. No. 99-342, 9 3, 5-4-
99)
SECTION 6. A new section is added to Chapter 1, Article III, of the Federal Way City Code to read
as follows:
1-14.5 Applicability
Civil enforcement of the provisions of this Code or the terms and conditions of anv permit or
approval issued pursuant to this Code shall be governed bv this chapter unless other more specific
provisions applv. This chapter mav be used to address or enforce the code against any violation. Each day
or portion of a dav during which a violation occurs or exists is a separate violation. Aiding or abetting a
violation of another is also a violation. Notwithstanding anv provision to the contrary, anv civil
enforcement of the provisions of this Code or the terms and conditions of anv permit or approval issued
pursuant to this Code is in addition to, and does not preclude or limit any other forms of enforcement
available to the City including, but not limited to, criminal proceedings or sanctions, nuisance and
iniunction actions, or other civil or equitable actions to abate. discontinue, correct. or discourage unlawful
acts in violation of this article. Code enforcement officers are authorized to enforce the Code using the
provisions and procedures of this chapter.
SECTION 7. Chapter 1, Article III, Section 1-16 of the Federal Way City Code is hereby amended to
read as follows:
1-16 Order to cease activity.
(al) Issuance. Whenever the enforcement officer determines that any aeti'/ity is being eondueood or
any development is oeeurring that does not conform to the applieable provisions of this Code, or that ei'/il
~ violation othenvise exists, he or she may issue an order to cease activity directing any person causing,
allowing~ aa:6for participating in the offending conduct to cease such activity or conduct immediately.
ce~) Posting and senrice Service of order. The enforcement official shall serve the order upon the
person to whom it is directed, either by: (1) Deli'/ering delivering it personally; or ~-.by mailing a
copy of the order to eease actiyity i! by registered or certified mail, postage prepaid, return reeeipt
requested, to such person at hisIheF his or her last known address and by posting a copy of the order to
cease activity conspicuously on the affected property or structure, or as near to the affected property or
structure as feasible.
If service is not accomplished bv personal service and if an address for mailed service cannot be
ascertained, service shall be accomplished bv posting a copy of the order conspicuously on the affected
property or structure. If service is bv personal service, service shall be deemed complete immediate1v. If
service is made by mail. service shall be deemed complete upon the third dav following the dav upon
which the order is placed in the mail. unlessthethirddavfallsona Saturday, Sundav.orlega1holiday, in
which event service shall be deemed complete on the first dav other than a Saturdav, Sundav, or legal
Ordinance No
Page 70f36
holidav following the third day. If service is made by posting, service shall be deemed complete on the
third dav following the day the order is posted.
Proof of service shall be made at the time of service by a written declaration under penalty of perjury
executed by the person effecting the service, declaring the time and date of serv:iee and the manner by
wffieh of service was made. Any failure of the person to whom the order to cease activity is directed to
observe the posted order or to actually receive the mailed order shall not invalidate service made in
compliance with this section, nor shall it invalidate the order to cease activity.
(eJ) Appeal of order to cease activity. An order to cease activity may be appealed under the
procedures set forth in FWCC 1-19. During any such appeal, the order to cease activity shall remain in
effect.
(61) Effect of order to cease activity. When an order to cease activity has been issued, posted and/or
served pursuant to this section, it is unlawful for any person to whom the order is directed or any person
with actual or constructive knowledge of the order to conduct the activity or perform the work covered by
the order, even if the order to cease activity has been appealed, until the enforcement officer has removed
the copy of the order, if posted, and issued written authorization for the activity or work to be resumed.
Violation of an order to cease activity constitutes a misdemeanor punishable by a fine af Nfl to $1,000, ar
imprisonmeflt for up to ninety (90) days, ar both. In addition, a monetary penalty shall accrue for each
dav or portion thereof that a violation of an order to cease activity occurs, in the same amounts as under
FWCC 1-17(e). In addition to such criminal or monetary penalties, the city may enforce the order to cease
activity in accordance with FWCC 1-21 below, andfet: enforce it in superior court. (Ord. No. 99-342, 9 3,
5-4-99)
SECTION 8. Chapter 1, Article III, Section 1-17 ofthe Federal Way City Code is hereby amended to
read as follows:
1-17 Notice of violation and order to correct.
(a) Issuance. Whenever the enforcement official determines that a eWH violation has occurred or is
occurring, hefshe he or she may issue f!: notice of violation and an order to correct ("notice and order") to
the flraflerty owner or to any person causing, allowing aIlElfor participating in the violation. including the
property owner. The notice and order issued pursuant to this section represents a determination that a
violation of this Code has been committed. This determination is final and conclusive unless appealed as
provided herein.
(b) Content. The enforcement official shall include the following in the notice and order:
(1) The name and address of the property owner and/or other person to whom the notice and
order is directed;
(2) The street address or description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring;
(3) A description of the violation and a reference to that provision of a city development
regulation which has been violated;
(4) A statement of the action required to be taken to correct the violation as determined by the
enforcement official and a date or time. not less than three davs after service of the notice and order, by
which correction is to be completed;
(5) A statement that the person to whom the notice and order is directed must:
a. Complete correction of the violation by the date stated in the notice; ef
b. Appeal the notice and order as provided in FWCC 1-19; or
c. Enter and complv with a voluntary correction agreement with the City; and
(6) A statement that, if SHeh the violation is not corrected ana the notice and order is not appealed,
a voluntary correction agreement is not entered or complied with. or a hearing examiner so orders or the
person does not complv with a hearing examiner's order, a monetary penalty in an amount per day for
each violation as specified by FWCC 1-17(e) shall accrue against the person to whom the notice and
Ordinance No
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order is directed for each and every day, or portion of a day, on which the violation continues following
the date set for correction. and that the violation mav be abated bv the city under FWCC 1-21 with costs
assessed against the person.
(c) Service of notice and order. The enforcement official shall serve the notice and order upon the
person to whom it is directed, either by-=-fltI)gelivering it personally; or~ By mailing a copy of !! the
order to eorrect violation by registered or certified mail, postage prepaid, retlH1'l receipt requested, to such
person at fli.sfflef his or her last known address and by posting a copy of the notice and order
conspicuously on the affected property or structure.
If service is not accomplished bv personal service and if an address for mailed service cannot be
ascertained, service shall be accomplished bv posting a copv of the notice and order conspicuously on the
affected property or I structure. If service is bv personal service. service shall be deemed complete
immediatelv. If service is made by mail. service shall be deemed complete upon the third day following
the dav upon which the notice and order is placed in the mail. unless the third dav falls on a Saturdav,
Sundav. or legal holidav, in which event service shall be deemed complete on the first day other than a
Saturdav, Sundav. or legal holidav following the third dav. If service is made bv posting. service shall be
deemed complete on the third dav following the day the notice and order is posted.
Proof of service shall be made at the time of service by a written declaration under penalty of perjury
executed by the person effecting the service, declaring the time aRd date of service and the manner by
wffieh of service 'lias made. Any failure of the person to whom the notice and order is directed to observe
the posted notice and order or to actually receive the mailed notice and order shall not invalidate service
made in compliance with this section, nor shall it invalidate the notice and order.
(d) Extension. Upon written request received prior to the correction date or time, the enforcement
official may extend the date set for correction for good cause or in order to accommodate a violation
correction agreement. The enforcement official may consider substantial completion of the necessary
correction or unforeseeable circumstances which render completion impossible by the date established as
a good cause.
(e) Monetary penalty. The amount of the A monetary penalty shall accrue for each f*lF day or portion
thereof that each violation continues beyond the date set in a notice and order. 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. is as fo11o'.'lS:
(1) First violation, $100.00;
(2) Second violation, $200.00;
(3) Third violatioFl, $300.00;
(1) Additional violations in e]wess of three, $500.00.
(f) Continued duty to correct. Payment of a monetary penalty pursuant to this chapter does not relieve
a person of the duty to correct the violation as ordered by the enforcement official.
(g) Declaration of compliance. When the violation has been corrected and the penalty paid, the
enforcement officer shall issue a letter which shall so state, and shall also record the date upon which the
violation was fully corrected, beyond which no further penalty shall accrue.
(h) Effect of unappealed notice and order. If a notice and order is not appealed, each day which the
violation continues beyond the date set in order to correct shall constitute a misdemeanor punishable by a
fine of up to $1,000, or imprisonment fer up to ninety (90) days, or both. In addition to s1:1ch criminal
penalties, the city may enf-oree the netice and order in aeeordaFlee with F\VCC 1 20 aRd 1 21, and/or
enforee it in superior col:H1:. (Ord. No. 99-342, S 3, 5-4-99)
SECTION 9. Chapter 1, Article III, Section 1-18 of the Federal Way City Code is hereby amended to
read as follows:
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Page9of36
1-18 Voluntary correction agreement.
(a) General. Prior to the issuance of a notice and order under FWCC 1 17, or in lieu thereof, v.4:l.en
When the city determines that a violation of an ordinance has occurred, the city may enter into a
voluntary correction agreement any person causing, allowing, or participating in the violation, including
the property owner. ','{herein the persefl(s) resflonsible for the violation or the e':mer(s) ef property 0fl
whieh the '/ielation has oeeWTed or is oeel:HTing agrees to abate the '.iolation within a specified time
peried and according to spceified eenditions. A voluntary correction agreement may be instead of, in lieu
of, or in coniunction with a notice and order under FWCC 1-17.
(b) Contents. A voluntary correction agreement shall be in writing, signed by the personW
responsible for the violation and/or the oW11er(s) of property on ',ymch the '/iolation has oeeurred er is
occurring and an enforcement official, and shall contain substantially the following information:
(1) The name and address of the person responsible for the violation and/or tho e':mer of property
OR ....hich the violatieR has eecurred or is ocel:1lTing;
(2) The street address or a description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring;
(3) A description of the violation and a reference to the regulation violated;
(4) The necessary corrective action to be taken, and a date or time by which the correction must
be completed;
(5) An agreement by the person responsible for the violation and/or the e\'/11er(s) efpraperty eR
whieh the violation has ocel:llTed er is ocel:1lTing that the city may inspect the premises as may be
necessary to determine compliance with the voluntary correction agreement;
(6) An agreement by the person responsible for the violation and/or the ovmer(s) of property en
which the violation has occurred or is 0ceurring that, if the terms of the voluntary correction agreement
are not met, the city may enter the property, abate the violation~ and recover its costs and expenses as
provided in this article;
(7) An agreement that by entering into the voluntary correction agreement, the person responsible
for the violation and/or the oW11or(s) of }'lroperty en which the violation has 06curred or is 06curring
waives the right to a hearing before the examiner under this article regarding the matter ef the violation,
any penalty~ andfeF required corrective action; and
(8) A statement that failure to comply with the terms of the agreement shall constitute a
misdemeanor punishable by a fine Rot to e1leeed $1,000 and/or im}'lrisonment for ROt more thaR ninety
(90) days.
(c) Modification and time extension. An extension of the time limit for correction or a modification of
the required corrective action may be granted by the enforcement official if the person responsible for the
violation has shown due diligence and/or substantial pro gross in correcting the violation but unforeseen
circumstances render correction under the original conditions unattainable. All modifications or time
extensions shall be in writing, signed by the personfsj responsible for the violation and/0r the O\vner(s) 0f
the property on which the violation has oecurred or is oeearring and an enforcement official.
(d) Penalty for noncompliance. Violation of the terms of the a voluntary correction agreement shall
eonstitute lli a misdemeanor punishable by fine not to exceed $1,000 and/or imprisonment f{)r not more
than niRety (90) days. Further, the city may enter the property, abate the violation~ and recover all costs
and expenses of abatement in accordance with the provisions of this chapter. (Ord. No. 99-342, ~ 3, 5-4-
99)
SECTION 10. Chapter 1, Article III, Section 1-19 of the Federal Way City Code is hereby amended
to read as follows:
1-19 Appeal to hearing examiner.
(aD General. ,^.. persoFl te whom. an order to oease acti','ity or a notiee and order is direeted ffifty
appeal tho order te eeaso aeti'lity or notice and order to the hearing examiner. The }'lerson appealiFlg may
Ordinance No
Page 10 of 36
appeal either the determination that a violation exists, the amount 0f any monetary penalty imfl0sed, the
eorreetive aeti0n ordered, or all three. (b) Ho't'" to appeal. A person may appeal an order to cease activity
or notice and order to the hearing examiner by filing a written notice of appeal with the city clerk within
14 calendar days from the date of service of the order to cease activity or notice and order, specifying
what issue is being appealed. The person appealing mav appeal either the determination that a violation
exists, the amount of anv monetary penalty imposed. the corrective action ordered, or any combination
thereof. The city may also request a hearing before the hearing examiner to assess costs, modify previous
orders, or to enter other orders as needed. The appeal must be accompanied by cash or a check, p~yable to
the city of Federal Way, in the amount of $100.00, which is refundable in the event the appellant prevails
on the appeal. The filing fee is waived in cases where the city requests the hearing.
(62) Effect of appeal. The timely filing of an appeal in compliance with this section shall stay the
requirement for action specified in the notice and order that is the subject of the appeal. The monetary
penalty for a continuing violation does not continue to accrue during the pendency of the appeal;
however, the hearing examiner may impose a daily monetary penalty from the date of service of the order
to cease activity or notice and order if he the hearing examiner finds that the appeal is frivolous or
intended solely to delay compliance. An appeal does not lift or stav an order to cease activity. The effeet
of the filing of an appeal of an order to eease aetivity shall be as pr0'Hded in FWCC 1 16( d).
(dJ) Hearing. Notiee 0f and hearing before the hearing eJlaminer.
(+~) Date of hearing. Within 10 days of the clerk's receipt of the appeal, the hearing examiner
shall set a public hearing for a date within 30 days ofthe clerk's receipt of the appeal.
(~Q) Notice of hearing. a. CaFlteHt. The elerk shall eiH:lse a notice af the appeal hearing te be
posted on the property that is the soojeet of the order to eease acthity or notice and arder, and mailed to
the appellant and property owners leeated within 300 feet of the property that is the subject of the
'/iolation. The notice shall contain the following:
@. The file number and a brief description of the matter being appealed.
(illb A statement of the scope of the appeal, including a summary of the errors alleged and
the findings and/or legal conclusions disputed in the appeal.
~ The date, term and place of the public hearing on the appeal.
(iv)~ A statement of who may participate in the appeal.
{y}$-;. A statement of how to participate in the appeal.
(3-Q) Distribution. The clerk shall cause a notice of the appeal hearing to be posted on the property
that is the subiect of the order to cease activity or notice and order, and mailed to the appellant and, in
cases involving any ordinance regulating the improvement. development. modification, maintenance, or
use of real property, to alLpropertv owners located within 300 feet of the property that is the subiect of the
violation. The notice shall be mailed and posted at least 10 calendar days before the hearing on the appeal.
(44) Participation in the appeal. The city and the appellant mav participate as parties in the
hearing and each mav call witnesses. Any person may participate in the public hearing in either or both of
the following ways:
(Ua-; By submitting written comments to the hearing examiner, either by delivering these
comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the
hearing.
(illlr. By appearing in person, or through a representative, at the hearing and making oral
comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing.
(~) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant
to the rules of procedure of the hearing examiner. The eity and the appellant may participate as parties Hi
the hearing and each may call witnesses. The appellant shall have the burden of proof by a preponderance
of the evidence that a violation has not occurred, that the amount of monetary penalty assessed was not in
compliance with the Code FWCC 1 17(e), or that the corrective action ordered is unnecessary to cure the
violation. (6) Eleetronic sound reeording. The hearing examiner shall make a complete electronic sound
recording of the public hearing.
Ordinance No
Page 11 of 36
(+!) Continuation of the hearing. The hearing examiner may continue the hearing if; for any
reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner
determines that he or she needs more information on the matter. If, during the hearing, the hearing
examiner announces the time and place of the next hearing on the matter and a notice thereof is posted OR
the door of the Hearing room, no further notice of that hearing need be given.
(e4) Decision of hearing examiner.
(l-.!!) Vacation. If the hearing examiner determines that the appellant has proven by a
preponderance of the evidence that no violation substantially as stated in the order to cease activity or
notice and order has occurred, the hearing examiner shall vacate the order to cease activity or notice and
order and order the appeal fee refunded.
(~b) Affirmance. If the hearing examiner determines that the appellant has not so proven by a
preponderance of the evidence, the hearing examiner shall affirm the order to cease activity or notice and
order, shall affinn tHe amount of aflcy monetary penalty impElsed by the Elrder to €lease aetivity or notice
and order, and shall affirm the eorrectiye action ordered.
(JQ) Modification. If the hearing examiner determines that the monetary penalty was not
calculated in eompliance with F\VCC 1 17(e), or that the corrective action ordered was unnecessary to
cure the violation, the examiner may modify the penalty amooot and/or the abatement corrective action
required depending on the determinations of the examiner. specifies of the 'nolation as fEll:lB:d at the
hearing. The hearing examiner may also modify the assessment of penalties and costs if good cause is
found. In so ordering, the hearing examiner shall consider the following:
illa,. Whether the intent of the appeal was to delay compliance;
(ill~ Whether the appeal was frivolous;
(iii)tr. Whether there was a written contract or agreement with another party which specified
the securing by the other party of the applicable permit or approval from the city;
(iv)th Whether the applicant exercised reasonable, aHd timely, good faith effort to comply
with the applicable development regulations; or
W~ Any other relevant factors.
In modifying a mElnetary penalty l:Hlder this section, the hearing e1Caminer shall impElse, at a
mlmmum, the monetary penalty set forth in FWCC 1 17(e), for eaeh separate seetion of the Code
violated, and as determineEl by reference tEl tHe applicable number of v-ielations (first, see end, third) at
~ The monetary penalty shall not be modified without assuring the violation is corrected, unless the
penalty is legally erroneous. In modifying the corrective action ordered, the hearing examiner shall
require, at a minimum, any action necessary to ensure actual compliance within 14 days of the date of the
examiner's decision.
(f~) Issuance of decision. The hearing examiner shall issue an oral decision at the time of the hearing
unless good cause exists to delav the decision. The hearing examiner shall issue a written decision,
including findings of fact, conclusions, and order within 14 days of the hearing. The appellant is required
to complv with any decision of the hearing examiner whether oral or written upon issuance.
(g.{!) Judicial review. Judicial review of a decision by the hearing examiner relating to any ordinance
regulating the improvement, development, modification, maintenance, or use of real property may be
sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the
Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority, if any, if the
petition or complaint seeking review is filed and served on all parties within 21 days of the date of the
decision. For purposes of this section, "aggrieved or adversely affected" shall have the meaning set forth
in RCW 36.70C.060(2). Judicial review of all other decisions mav onlv occur subiect to the procedures of
RCW 7.16.
(h1) Effect of decision. If judicial review is not obtained, the decision of the hearing examiner shall
constitute the final decision of the city, and the failure to comply with the decision of the hearing
examiner shall constitute a misdemeanor punishable by a fine of not more than $1,000 or up to ninety
(90) days imprisonment, or both. In adElition to criminal pl:lB:ishment pursuant to this subsection, the city
may pursue colleetion and abatement under F'NCC 1 20 and 1 21. (Ord. No. 99-342, ~ 3,5-4-99)
Ordinance No
Page 12 of36
SECTION 11. Chapter 1, Article III, Section 1-20, of the Federal Way City Code shall be amended to
read as follows:
1-20 Collection of monetary penalty.
(a) The monetary Any monetary penalty imposed under this Code constitutes a personal obligation of
the person in violation. to whom the notice and order or order to cease activity is directed. Any monetary
penalty assessed must be paid to the city clerk within 14 calendar days from the date of service of the
notice and order or, if an appeal was filed pursuant to FWCC 1-19, within 14 calendar days of the hearing
examiner's decision.
(b) The city attorney, on behalf of the city, is authorized to collect the monetary penalty by use of
appropriate legal remedies, the seeking a granting of which shall neither stay nor terminate the accrual of
additional per diem monetary penalties so long as the violation continues.
(1) The city may authorize the use of collection agencies to recover monetary penalties, in which
case the cost of the collection process shall be assessed in addition to the monetary penalty.
(2) The city may incorporate any outstanding penalty into an assessment lien when the city incurs
costs of abating the violation pursuant to FWCC 1-21. (Ord. No. 99-342, 9 3, 5-4-99)
SECTION 12. Chapter 1, Article III, Section 1-21, of the Federal Way City Code shall be amended to
read as follows:
1-21 Abatement and additional enforcement procedures.
(a) .^1batement by violater. In the absence of an appeal, any ~ required abatemeflt shall be exeeuted
in the manner aHd means specifically set ferth in the netiee and order to correct and/or the vohmtary
correetion agreement by the person{s) responsible f-or the violation.
. W ill Abatement by city. The city may perform the abatement required upon noncompliance with
the terms of.: (1) .^ill an unappealed notice and ordert-,-~ ~ voluntary correction agreementt~ or ~ ~
final order of the hearing examiner. The costs shall be billed to the person(s) obligated te perferFH the
"york lHlder FWCC LU(b)(6), the voluntary correction agreement~ or hearing examiner deeisieR, as
applicable. (1) The city may utilize city employees or a private contractor under city direction to
accomplish the abatement. The city, its employees and agents using lawful means are expressly
authorized to enter upon the property of the violator for such purposes.
(2) Recovery of costs. The city shall bill its costs, including incidental expenses, of abating the
violation to the personW obligated to perform the work under the notice and order, voluntary correction
agreement or the hearing examiner's decision, which costs shall become due and payable 30 days after
the date of the bill. The term "incidental expenses" shall include, but not be limited to, personnel costs,
both direct and indirect, including attorney's fees incurred by the city; costs incurred in documenting the
violation; the actual expenses and costs to the city in the preparation of notices, specifications and
contracts, and in inspecting the work; and the cost of any required printing and mailing. The city manager
or designee. or the hearing examiner, mav in his or her discretion waive in whole or part the assessment
of any costs of abatement upon a showing that abatement has occurred or is no longer necessary, or that
the costs would cause a significant financial hardship for the responsible party. The city mav authorize the
use of collection agencies to recover costs. The city attornev is authorized to collect the costs by use of
appropriate legal remedies.
(e1) Obstruction with work prohibited. No person shall obstruct, impede or interfere with the city, its
employees or agents, or any person who owns, or holds any interest or estate in any property in the
performance of any necessary act, preliminary or incidental to, carrying out the requirements of aft ~
notice and order to correct, voluntary correction agreement~ or order of the hearing examiner issued
Ordinance No
Page 13 of36
pursuant to this chapter. A violation of this provision shall constitute a misdemeanor pl:Hlishable by a fine
of not more than $5,000 per day or l:lfl to six mORths imprisonmeFlt, or both.
(64) Report to city council and hearing on cost of abatement. In the event Where costs are assessed
under this section and the personW responsible fails to pay within the 30-day period set forth in
subsection (b )(2) of this section, the enforcement official shall prepare a written itemized report to the city
council showing the cost of abatement, including rehabilitation, demolition, restoration or repair of such
property, including such salvage value relating thereto plus the amount of any outstanding penalties.
(+f!) A copy of the report and a notice of the time and date when the report shall be heard by the
city council shall be served on the person responsible for payment as provided in FWCC 1 17(b)(6) at
least five days prior to the hearing before the city council.
(~Q) The city council shall review the report and such other information on the matter as it
receives and deems relevant at the hearing. The city council shall confirm or revise the amounts in the
report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize
placement of an assessment lien on the property as provided herein.
(e~) Assessment lien. Following the hearing and authorization by the city council, the city clerk shall
certify to the county treasurer the confirmed amount. The county treasurer shall enter the amount of such
assessment upon the tax rolls against the property for the current year and the same shall become a part of
the general taxes for that year to be collected at the same time and with interest at such rates as provided
in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the city. The lien shall be of equal rank with the state, county
and municipal taxes. fB The validity of any assessment made under the provisions of this chapter shall
not be contested in any action or proceeding unless the same is commenced within 15 calendar days after
the assessment is placed upon the assessment roll.
(fQ) Additional remedies. Unless otherwise precluded bv law the +he provisions of this article may be
used in lieu of or in addition to other enforcement provisions, including: but not limited to. others
provisions in this Code, the use of collection agencies, or other civil actions including injunctions. ef.this
Code, unless otherwise precluded by law.
(1) In addition to, or in lieu of the provisions of this chapter, the city may, at its option, turn the
matter eyer to collection or commence a ci'/il action in any ce1:lrt ef eompetent jurisdiction to eelleet f-or
any such charges incurred by the city, to obtaiH eempliance pursuant te this ehapter, and/or to collect any
penalties that have beeR assessed.
(2) The city may, at its optien, seek injl:Hlctive or other ci'/il relief iH st:lperior court regarding any
Code vielation. (Ord. No. 99-342, S 3, 5-4-99)
SECTION 13. Chapter 1, Article III, Section 1-22, of the Federal Way City Code shall be amended to
read as follows:
1-22 Conflicts.
In the event of a conflict between this chapter and any other provision of this Code or city ordinance
providing for a civil penalty, this ehapter the more specific provision shall control. (Ord. No. 99-342, S 3,
5-4-99)
SECTION 14. Chapter 1, Article III, Section 1-23, of the Federal Way City Code shall be amended to
read as follows:
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Page 14 of 36
1-23 Meaning ofterms.
Whenever the term "civil penalty" is used in any code, ordinance or regulation of the city, this term
shall be deemed to have the same meaning as the term "monetary penalty," respectively, as used in this
chapter.
SECTION 15. Chapter 1, Article III, Section 1-24, of the Federal Way City Code shall be amended to
read as follows:
1-24 Infractions authorized and statutes adopted.
(a) Enforcement officers and officials are authorized to issue civil infractions to enforce the
provisions of the Federal Way City Code designated as infractions or as penalties except those provisions
that are either specifically designated as crimes, specifically indicated as not being eWil infractions, or
designated as traffic infractions.
(b) Unless otherwise provided, enforcement officers or officials shall follow the provisions of Chapter
7.80 RCW in issuing civil infractions. If no penalty is Unless otherwise provided, 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, and $300.00 for a third or subsequent violation of the same nature or a
continuing violation $250.00, not including fees, costs, and assessments.
(c) Unless otherwise provided, civil infractions under this section shall be governed by Chapter 7.80
RCW, except that, to the extent allowed bv law, the rules of evidence shall not apply in any hearing held
regarding civil infractions.
(d) The following state statutes, ine1uding all future amendments, re'.4siens, aaaitions, er aeletiefls,
are adopted by reference to the extent that they are not inconsistent with explicit provisions of the Federal
Way City Code: Chapter 7.80 RCW et seq. (Ord. No. 07-550, S 1,3-20-07)
SECTION 16. Chapter 1, Article III, Section 1-25, of the Federal Way City Code is hereby repealed
as follows:
1 2S Civil vialatiaBs desigBated as eivil iBfraetiaBs.
(a) If, after investigatioB er after the eemfllaint of residents er others, the eflrorcemeBt efficer has
probable eause to believe that a eivil violation has occurred or is oceurring, as defined by FWCC 1 15,
he/she may issue a oivil infraetion pllrsl:lant to FWCC 1 21 te the preperty owner or te afty person
eausing, allowing and/or partieipating in the '/iolation.
(b) .^~ eivil infraetion issued flllrsUant to FWCC 1 21 reflresents a detemHflatiofl that a eivil violatioo
has beeR eommitted. This determi:nation is final and eOflelusive l:lnless eefltested as provided in Chapter
7.80 RCV!.
(e) Eaeh ei'/il infraetion shall eaITY with it a monetary penalty of $100.00 f-or the fiefst 'liolatien,
$200.00 for a seeond violation of the same nature or a eontimang violation, ana $300.00 f-or a third or
subsequent violation of the same nature or a eontinuing violation.
(d) :Nothing in this seetion shall preclude eriminal proseeution flllrsuant to FWCC 1 13.
SECTION 17. Chapter 5, Article I, Section 5-7, of the Federal Way City Code shall be amended to
read as follows:
5-7 Enforcement (geBeral).
All violations of this chapter or the codes adopted under this chapter are herby determined found to be
detrimental to the public health, safety, and welfare~ and are flet:eby declared public nuisances. The
building official has the authority to adopt rules and regulations to carry out the provisions of this chapter
Ordinance No
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rTitle 1 and has the authority to administer and enforce this chapter rTitle 1 and any such rules and
regulations. It is unlawful to violate or fail to complv with anv provision of this chapter rTitle 1 or anv
such rule or regulation. In addition to anv other penalty, a violation of any provision of this chapter is a
civil infraction under FWCC 1-24. Noty;ithstanding any provision to the eontrary, ei'1i1 enforeement of
the provisions of this artiele and the terms and eORditions of any permit or approval issued pocsuant to
tms article shall be governed by Chapter 1 F'NCC, j\rticle III, Civil ERfor-eemoot of Code. Civil
enforeement is in addition to, and does not limit any other forms of enforeement available to the eity
inel1:lding, but not limited to, eri11"li:fla1 sanetions as speeified herein or in Chapter 1 FWCC, .'\rtieles II, III,
nuisanee and injooetiofl aetions, or other eivil or equitable aetions to abate, diseofltinue, eorreet or
diseourage l:lfl:lay;ful aets in violation of this artiele. (Ord. No. 99-342, ~ 6, 5-4-99)
SECTION 18. Chapter 5, Article II, Section 5-42, of the Federal Way City Code is hereby repealed as
follows:
S <12 EBforeemeBt (admiBistratioB).
Notwithstanding any provision to the eontrary, eivil enforeement of the provisions of this a-rtiele aHd
the terms and conditiofls of any permit or approval issued pbH"Sblant to this art~e1e shall be gO'lem.ed by
Chapter 1 FWCC, Article III, Civil Enforeemoot of Code. Ci'/il enforcement is ifl addition to, and does
not limit any ether forms of enf-orsemoot available to the eity inehuRflg, but flOt limited to, erim.iflal
sanetions as spesified hereifl er in Chapter 1 FWCC, .'\r1:ieles II, III, ffi:lisaHee aHd injunstiofl aetiefls, or
other eivil aetions. (Ord. No. 99 312, ~ 6,5 1 99; Ord. No. 01 165, ~ 1, 10 5 01)
Editor's note Ordinanee No. 01 1a5, ~ 1, adopted Oetober 5, 2001, deleted ~ 5 12 and renumbered ~
5 13 as a new ~ 5 12. Formerly, sush seetiafl pertained to permits and derived fram. Ord. No. 90 33, ~ 33,
2 13 90; Ord. No. 92 113, ~ 15,6 1a 92; Ord. No. 95 231, ~ 1, a a 95.
SECTION 19. Chapter 5, Article V, Section 5-92, of the Federal Way City Code is hereby repealed as
follows:
S 92 EBforeemeBt (plumbiBg eod.e ).
NotwithstaRding any pra'.ision to the eontrary, civil enforeemeflt of the pro'lisions of this artiele aHd
the terms aHd eonditioRs of any permit or appro'lal issued pbH"suant to this artiele shall be geverned by
Chapter 1 FWCC, ;\rticle III, Civil EnforeemeRt of Code. Ci'lil enforeement is in additiofl te, and does
not limit any other forms of oo:fereement available te the city ineluding, but not limited to, eriminal
sanetions as specified herein or in Chapter 1 F\VCC, .^.rtieles II, III, nuisanee aHd ifljooction aetions, or
other eivil or equitable aetions to abate, discontinue, eorrect or discoocage unlawful acts in 'liolation of
this article. (Ord. No. 99 312, ~ 6, 5 1 99)
SECTION 20. Chapter 5, Article VIII, Section 5-218, of the Federal Way City Code is hereby
repealed as follows:
S 218 EBforeemeBt.
The bl:tilding official is eharged with the duty of enf-orcing this artiele and determ-ifling whether or not
the pro'1isions and requirements ef this artiele have been oomplied with. Ci'1il enforeemeflt af the
pro'1isions of this article and the terms and eonditions of any permit or approval issued l'HH"Suant to this
artiele shall be governed by Chapter 1 FWCC, Miele III, Ci'/il Enforcement of Code. Ci'lil eflf-oreement
is in addition to, and does not limit any other forms of enforeement available to the city ins1uding, but not
limited to, oriminal sanetions as spesified herein or in Chapter 1 FWCC, .^.rticles II, III, Rl:lisaHse and
Ordinance No
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injl:Hletion actions, or other civil or equitable actions to abate, discontinue, eorreet er discourage oolawful
acts iR 'liolation of this artiele.
SECTION 21. Chapter 8, Article IV, Section 8-124, of the Federal Way City Code is hereby repealed
as follows:
8 LH Civil enfereement.
Notwithstanding any proYisien in this artiele or in any eede adopted heretillder to the eontrary, ei'.il
enforcement of the pro'lisions of this artiele and the terms and conditions of an)' permit or approval issued
pursl:lant to this artiele shall be governed by Chapter 1 F'tlCC, .Artiole III, Ci'li1 Enforcemeflt of Code.
Chil enforcemeFlt is in additiofl te, and does net limit any other f-arms of enforeement a'lailable te the eity
ineh:lding, but not limited to, erimifla1 sanctions as specified herein, nl:asance and injunetioo. aeti0fiS, or
other eivil aetions. (Ord. No. 90 51, ~ 19, 1 17 90; Ord. No. 92 117, ~ 13, (3 23 92; Ord. No. 99 310, ~ 7,
5 1 99)
SECTION 22. Chapter 10, Article II, Section 10-29, of the Federal Way City Code is hereby repealed
as follows:
1029 Enforeement.
Ciy,i1 enforeement of the previsions of this ehapter shall be gOYerFledby Chapter 1 FWCC, :\rtiele III,
CiYi1 Enforeement of Code. Chil enforeefl'leFJ.t is in addition to, and does Flot limit any other ferms of
enfureement available to the eit)' ineluding, but not limited to, erimiFlal sanetions as Sfleeified herein or
Chapter 1 F'NCC, :\rtieles II, III, nuisance aFld injooetion aetions, or ether eivi1 or eqHitable aetiens to
aba-te, diseontinue, eorreet or discourage 1:lnlawful aets in 'liolation of this eooflter. For seeond aFla
subsequent violations of the pro'lisions ef this ehapter, the perSOFl shall alse be guilty of a misaemeanor
a-nd upon eonvietion shall be plffiished as provided in FWCC 1.13. (Ord. No. 99 37, ~ l(D), 220 90; Ord.
No. 99 312, ~ 7, 5 1 99)
SECTION 23. Chapter 11, Article III, Section 11-53, of the Federal Way City Code is hereby
repealed as follows:
11 53 Responsibility for violation.
:\nyoHe eoneemed in the y,iolation of this article, whether directly eormnitting the aet or omitting to
de the thing eonstituting the offense, or y:ho aids or abets the same, shall be a prinoipallffider the terms of
this article, aFld may be proseeuted and haye the Code enforeed against him or her as sueh. (Ord. No. 91
82, ~ 1(1)(C), 1 g 91; Ord. No. 99 312, ~ 8,5 1 99)
SECTION 24. Chapter 11, Article III, Section 11-54, of the Federal Way City Code shall be amended
to read as follows:
11-54 Administration. enforcement. and traffic reeulations. Enforeement.
The director or designee has the authority to adopt rules and regulations to carry out the provisions of
this article [chapter 1 and has the authority to administer and enforce this article f chapter 1 and any such
rules and regulations. It is unlawful to violate or fail to complv with anv provision of this article fchapterl
or any such rule or regulation. Traffic regulations under Chapter 15 FWCC, Traffic and Vehicles that
applv to public roadwavs shall apply throughout any park and mav be enforced bv law enforcement
officers or others designated bv law.
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(a) }Jl traffic violations committed within any park, including those involving motorized foot
seooters and similar deviees, shall be subject to the penalties and provisions preseribed in Chapter 15
FWCC, Traffie and Vehicles.
(b) Ci'ri1 enforeement of the provisions oftms article shall be governed by Chapter 1 F'NCC, }\rtic1e
III, Civil Enforeement of Code. Civil enforeemoot is in addition to, and does Flot lil.'llit, any other forms of
enforeement available to the eity ineh:lding, but not limited to, eriminal sanetions as speeified herein or in
Chapter 1 FWCC, f.rticles II, III, nuisanee and injunction actions, er etaer ci'ril or equitable actions to
abate, discontinue, correct or discolKage unla'.vful acts in 'liolation of this article.
(e) Cenviction of a vielation of or failme to eomply with the provisions of this article shall also
constitute a m.isdemeanor and shall be punished as provided in P'NCC 1 13, execpt for violations of
provisions that constitute gross misdemeanors, conviction of whieh shall be pooished by a fine not to
exeeed $5,000 or imprisomnent in jail not exceeding one yeai'", or BY Beth sueh fi1'le and imprisonment.
(Ord. No. 91-82, ~ l(1)(D), 1-8-91; Ord. No. 99-342, ~ 8, 5-4-99; Ord. No. 04-464, ~ 4, 9-21-04)
SECTION 25. Chapter 11, Article III, Section 11-55, of the Federal Way City Code shall be amended
to read as follows:
11-55 Expulsion from parks.
(a) In addition to another penalty imposed pursuant to this article, the director or designee may order
the expulsion of any person from any park for a period of one to seven days if he or she observes such
person is observed:
(1) Using abusive or disruptive language or engaging in conduct that disrupts a park facility or
program.
(2) Directing ethnic or offensive remarks at another person based on such person's actual or
perceived race or ethnic group, nationality, religion, disability, sex or sexual orientation.
(3) Using tobacco products in an unauthorized area or facility.
(4) Causing injury or risk of injury to another person or persons.
(5) Causing damage or risk of damage to city property.
(6) Violating any provision of this article.
(b) The director or designee may order the expulsion of any person from any park for a period of
seven days to one year if such person:
(1) Has been expelled from the park two or more times in any 30-day period.
(2) Causes injury to another person.
(3) Sells, possesses or uses alcohol or illegal drugs.
(4) Possesses or uses any weapon.
(5) Commits more than one violation of this article in any 12-consecutive-month period.
(c) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to
the person expelled at his or her last known address or delivered in person.
(d) The director or designee may forward the written notice of expulsion along with the certified mail
receipt to the department of public safety.
(1) The written notice of expulsion shall be a notice of trespass.
(2) Any person on city park property, in violation of the written notice of expulsion, is in
violation of this chapter and any knowing violation constitutes will be guilty of trespass.
(3) The notice of trespass and expulsion will expire on the date indicated in the written notice of
expulsion.
(e) .^.ny person 'l/ho enters a park during a period during which he or she has been expelled under
SlIDsection (a) or (b) of this sectioR is guilty of violating this artie1e and will be subject to the enforcement
in FWCC 1Uj. (Ord. No. 91-82, ~ l(1)(E), 1-8-91; Ord. No. 01-396, ~ 2, 7-3-01; Ord. No. 01-404, ~ 1,
10-2-01)
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SECTION 26. Chapter 12, Article II, Section 12-21, of the Federal Way City Code shall be amended
to read as follows:
12-21 Administration and enforcement.
tat The admiRistrator public works director. or designee, has the authority to adopt rules and
regulations to carry out the provisions of this chapter (Title 1. as well as the collection and disposal of all
solid waste in the city and a voluntary garbage collection program with recycling rates imbedded to
encourage participation bv residential generators of solid waste: and has the authority to administer and
enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate Of fail to comply
with any provision of this chapter rTitle 1 Of anv such rule or regulation. is hereby authorized and direeted
to administer the colleetion and diSj30sal of all solid waste in the city, and to enf-oree the provisions of this
chapter. The director is al:lthorized to prepare any implementing regu1atioHs Hecessary for the
development and implementation of a voluntary garbage collection program with recycling rates
imbedded to eneourage partieipation by resiaential generators of solid waste.
(b) Ci'lil enforeement of the provisions of this artiele, as against all persons other than authorized
serviee proyiders, shall be governed by Chapter 1 F\VCC, .f.rtiele III, Chil Bflfereement of Code. Civil
enfereement is in additiofl to, ana does not limit any other forms of enforcement available to the city
ineluding, but Rot limited to, criminal sanetieRs as speeifiea herem. or in FWCC 1 13, RHisance and
injunction actions, or other ei':il Of equitable actions to abate, discontinl:le, eorreet or discourage unlawful
acts m. yiolationofthis artiele. Bnforeement of the provisions oftms artie1e and ehapter against al:lthorized
service providers shall be as pnr1ided by the applieable service agreemeRt ana as etherwise pro':idea by
law, ineluEli.FI.g but not limited to eriminal sanctions as speeified herein or in F"\VCC 1 13, nuisance and
injunetion actioRs, or other eivil or eql:litable actioRs to abate, discoHti.ime, eerrect or discourage Wllawful
acts in 'lielation of this article. (Ord. No. 91-124, S 3(F), 12-17-91; Ord. No. 93-167, S 3(F), 3-16-93;
Ord. No. 99-342, S 9, 5-4-99; Ord. No. 02-411, S 7, 1-2-02)
SECTION 27. Chapter 12, Article II, Section 12-36, of the Federal Way City Code shall be amended
to read as follows:
12-36 Public nuisance.
Every person shall have the duty to ensure that solid waste or source-separated material does not
accumulate on or around his or her property in a manner that causes such solid waste or source-separated
material to become a public nuisance both as to the amount of such solid waste or source-separated
material, or the odor emanating from such solid waste or source-separated material. Each container used
for the accumulation of solid waste or source-separated material shall be kept clean inside and out, and
the area around the containers shall be kept in a neat and sanitary condition. The service provider shall
provide written notification to the administrator and the customer concerning any violations of this
provision. "^.ny violation of this provision by a person shall subject the persoR to penalties described in
FWCC ll2l. (Ord. No. 02-411, S 22, 1-2-02)
SECTION 28. Chapter 13, Article II, Section 27, of the Federal Way City Code shall be amended to
read as follows:
13-27 Enforcement.
The director of public works, or designee, has the authority to adopt rules and regulations to carry out
the provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1
and anv such rules and regulations. It is unlawful to violate or fail to comply with any provision of this
Ordinance No
Page 19 of36
article r chapter 1 or any such rule or regulation. is authorized to enforce the provisions of this artiele, lH'ld
any rules lH'ld regulations promulgated hereooder. (Ord. No. 90-50, S 8,4-3-90)
SECTION 29. A new section is added to Chapter 13, Article V, of the Federal Way City Code
(FWRC 4.30.050) to read as follows:
13-121.5 [4.30.050] Authority and Enforcement.
The City Clerk or designee has the authority to adopt rules and regulations to carry out the provisions
of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1 and any such
rules and regulations. It is unlawful to violate or fail to complv with anv provision of this article r chapter 1
or anv such rule or regulation.
SECTION 30. A new section is added to Chapter 13, Article VI, of the Federal Way City Code
(FWRC 4.40.005) to read as follows:
13-170 r4.40.0051 Authoritv and Enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out
the provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1
and anv such rules and regulations. It is unlawful to violate or fail to complv with anv provision of this
article r chapter 1 or anv such rule or regulation.
SECTION 31. Chapter 13, Article VI, Section 13-181, of the Federal Way City Code is hereby
repealed as follows:
13-181 Civil enforcement (sidewalks).
Civil enforcement of the provisions of this article and the terms and conditions of any permit or
approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil
Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of
enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in
Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to
abate, discontinue, correct or discourage unlawful acts in violation of this article. (Ord. No. 99-342, S 4,
5-4-99)
SECTION 32. A new section is added to Chapter 13, Article VII, of the Federal Way City Code
(FWRC 4.35.005) to read as follows:
13-220 r4.35.0051 Authoritv and Enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out
the provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1
and any such rules and regulations. It is unlawful to violate or fail to comp1v with any provision of this
article r chapter 1 or anv such rule or regulation.
SECTION 33. Chapter 13, Article VII, Section 13-253, of the Federal Way City Code is hereby
repealed as follows:
13 253 Civil eBforeemeBt (right of way vegetatioB).
Ordinance No
Page 20 of 36
Civil enforcement of the provisions of this article and the terms ami eonditions ef any permit or
approval issued pursuant to this article shall be governed by Chapter 1 FWCC, :\rtiele III, Civil
Enforcement of Code. Civil enforeement is in addition to, and does not limit airY other forms of
enforcement available to the city includiBg, but not limited to, criminal slmetions as speeified herein or in
Chapter 1 FWCC, Articles II, III, nuisaBee lmd injunetion actioo:s, or other eivil or equitable actions to
abate, diseontinue, correct or discourage unla'.vfl:ll aets in violation of this artiele. (Ord. No. 99 342, ~ 1,
5 1 99)
SECTION 34. Chapter 14, Article II, Section 14-70, of the Federal Way City Code shall be amended
to read as follows:
14-70 Violation - Penalty.
It is unlawful for any person, firm, or corporation to violate or fail to comply with any of the
provisions of this chapter. E'/ery person convieted of a yiolation ef any provision of this ehapter shall be
punished by a fine iB a S'l:lfl'l Bet te exceed $500.00. Eaeh day of violatioB shall be eonsidered a seflaFate
offense. (Ord. No. 99-335, ~ 6,2-16-99)
SECTION 35. Chapter 14, Article IV, Section 14-132, of the Federal Way City Code shall be
amended to read as follows:
14-132 Administration.
The director or designee has the authority to adopt rules and regulations to carry out the provisions of
this chapter [Title] 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 [Title] or any
such rule or regulation. The director shall ha'/e the power, and it shall be his or her 00ty, from time to
time, to adopt, poolish and enforce rules and regulations not inconsistem with this chapter or with the law
for the pl:l1pose of carrying out the provisioBs thereof, and it is nnla':lful to 'Rolate or fail to eomply '.vith
any such rule er regl:llation. (Ord. No. 02-432, ~ 1, 11-19-02)
SECTION 36. Chapter 14, Article V, Section 14-187, of the Federal Way City Code shall be
amended to read as follows:
14-187 Designated official to make rules.
The designated official or designee has the authority to adopt rules and regulations to carry out the
provisions of this article and has the authority to administer and enforce this article and anv such rules and
regulations. It is unlawful to violate or fail to complv with anv provision of this article or any such rule or
regulation. shall have the power, and it shall be his or her 00ty, from time to time, to adopt, publish and
enforce rules and regulations not inconsistent with this chapter or ..lith the law for the purpose of earrying
out the pro'lisions of this article thereof, and it is nnlav/ful to violate or fail to comply with any such rule
or regulation. (Ord. No. 95-257, ~ 1, 12-19-95; Ord. No. 96-262, ~ 1,2-20-96)
SECTION 37. Chapter 15, Article I, Section 15-5, of the Federal Way City Code shall be amended to
read as follows:
15-5 Mandatory minimum penalties.
Unless another penalty is expressly provided by law, any person found to have committed an act
designated a traffic infraction under the provisions of this chapter shall be punished by a penalty of not
Ordinance No
Page 21 of36
more than $250.00; provided, however, where any law, rule, or statute provides for any maximum
penalty, the actual penalty imposed for a traffic infraction committed within the area designated as the
Federal Way neighborhood traffic safety zone shall not be less than 80 percent of the maximum, not
including statutory assessments. See also FWCC 15-113; RCW 46.63.110. (Ord. No. 93-163, S 2, 1-19-
93; Ord. No. 94-207, S 1, 1-4-94)
SECTION 38. A new section is added to Chapter 15, Article I, of the Federal Way City Code to read
as follows:
15-15 Violations as traffic infractions
Failure to perform anv act required or the performance of any act prohibited by this title or an
equivalent administrative regulation relating to traffic including parking. standing, stopping. and
pedestrian offenses. is designated as a traffic infraction unless otherwise provided. except violations of
Chapter 8.10 Commute Trip Reduction (CTR); violations of Chapter 8.15 Impoundment of Vehicles
Driven bv SuspendedlRevoked Drivers; and violations of Chapter 8.25 Bicycles, which are as provided
therein.
SECTION 39. Chapter 15, Article N, Section 15-81, of the Federal Way City Code is hereby
repealed as follows:
15 81 PeBalty for \iolatioRs.
Unless another penalty is e~[:pressly pnr;ided by law, any person fauna to ha'le eol'llHlitted an aet
whieh violates the provisioRs of this artiele, shall be guilty of a traffie iRfraetion liRd shall be plmished by
a penalty of not more thaJl1250.00. (Ord. No. 90 16, ~ 5,3 20 90; Ord. Ne. 91 97, ~ 1,5 21 91)
SECTION 40. Chapter 15, Article V, Section 15-151, of the Federal Way City Code is hereby
repealed as follows:
IS 151 PeRalty for violatioB.
Unless othen'lise prO'/ided, any person 'lialating any of the provisions ef this divisian shall be gl:lilty
ofa traffie infraetion, punisha.ble by a maxim&m fine ef$250.00. (Ord. Na. 90 69, ~ 2,7 1890)
SECTION 41. Chapter 15, Article V, Section 15-167, of the Federal Way City Code is hereby
repealed as follows:
15 167 PeRalty for violatioR.
Vialation of this division is a traffie iRfraetioR, liRd shall be punished by a penalty of 1250.00. (Ord.
No. 90 35, ~ 6,2 20 90)
SECTION 42. Chapter 15, Article VII, Section 15-204, of the Federal Way City Code shall be
amended to read as follows:
15-204 Responsible agency.
The city's public works department director or designee has the authority to adopt rules and
regulations to carry out the provisions of this article and anv CTR plan adopted pursuant to it. and has the
authority to administer and enforce this article and any such CTR plan, rules, or regulations. It is unlawful
Ordinance No
Page 22 of 36
to violate or fail to comply with anv provision of this article or any such rule or regulation. shall be
responsible for implementing this artiele, the CTR plan, and the eity' 5 CTR program for its O';Vfl
employees. The publie works direetor shall have the authority is autherized to issl:le sueh rules and
administrative proeedures as are neeessary to implement this artiele. (Ord. No. 93-164, 9 1(18.30.040), 1-
19-93)
SECTION 43. Chapter 15, Article IX, Section 15-246, of the Federal Way City Code shall be
amended to read as follows:
15-246 Additional Penalty:!es; Scooter safety school.
(a) Any person ':iolating any pro':ision of this artiele shall be guilty ef a traffie iBHaetion and shall be
punished by the imposition of a monetary penalty not to exeeed $250.00, exch:lsive af statl:ltery
assessments; pro,tided, that eonduet that eenstitutes a criminal traffie offense may 13e charged as sueh and
is subjeet to the maximum penalties allowed for sueh affenses.
(b) 8eaater saf-ety sehool.
(1) In addition to the other means of enforcement provided in this article, a scooter safety school is
hereby authorized to be administered jeffitly by the police department and the department of parks,
reereation aBa eultural serviees as a diversion program available to those who violate the provisions of
this chapter for the first time.
(2) The purpose of the scooter safety school is to offer those who have violated the provisions of this
chapter for the first time instruction, education, and information regarding the proper, lawful, and safe
operation of scooters and similar devices, including but not limited to the state motorized foot scooter
regulations in RCW Title 46, the rules of the road, and the limitations of persons, vehicles, and bicycles
on roads, streets, and highways under varying conditions and circumstances.
(3) The police department and department of parks, reereation and eultural serviees shall charge a fee
to scooter school participants for the purpose of reimbursing some or all of the cost of administering the
scooter school. The amount of the fee shall be as established or amended by the city council by resolution.
Participants in the scooter school shall remit said fee to the management services department in
accordance with the procedures established by the police department. (Ord. No. 04-464, S 7, 9-21-04)
SECTION 44. Chapter 16, Article II, Section 16-37, of the Federal Way City Code shall be amended
to read as follows:
16-37 Enforcement officer.
The public works department director or designee has the authority to adopt rules and regulations to
carry out the provisions of this article and has the authority to administer and enforce this article and anv
such rules and regulations. It is unlawful to violate or fail to comply with anv provision of this article or
anv such rule or regulation. or designee shall be resp0f1sible for the enforeement of the pra','isioBs of this
diyision. (Ord. No. 91-90, S 9, 3-19-91; Ord. No. 99-342, S 10,5-4-99)
SECTION 45. Chapter 16, Article II, Section 16-39, of the Federal Way City Code is hereby repealed
as follows:
10 39 Civil eBfereemeBt.
Civil enforeemen.t of the provisians of this di'.'ision shall be governed by Chapter 1 FWCC, :\rtiele
III, Ci':il Enforeement of Code. Civil eBf-ereement is in adaition te, and dees not limit any other forms of
enforeement available ta the eity ineluding, but Bot limited to, eriminal sanctions as speeifiea herein and
in Chapter 1 F'NCC, }.rtieles II, III, Buisanee and injUfletion actions, or other eivil or e~tab1e actions to
Ordinance No
Page 23 of 36
abate, diseontiIRle, eorreet or diseourage unlawful acts in violation of this division. (Ord. No. 91 90, ~ 8,
3 1991; Ord. No. 99 312, ~ 10,5 1 99)
SECTION 46. Chapter 16, Article ill, Section 16-77, of the Federal Way City Code shall be amended
to read as follows:
16-77 Created.
W There is hereby created and established the surface water management utility of the city under
which the provisions of this aFtiele subtitle shall be carried out. The public works department director or
designee has the authority to adopt rules and regulations to carry out the provisions of this article
r subtitle 1 and has the authority to administer and enforce this article r subtitle 1 and anv such rules and
regulations. It is unlawful to violate or fail to comp1v with any provision of this article r subtitle 1 or any
such rule or regulation. (b) The utility herein created shall be administered by the publie works direetor.
(Ord. No. 90-32, S 2, 2-13-90)
SECTION 47. Chapter 17, Article II, Section 17-28, of the Federal Way City Code is hereby repealed
as follows:
17 28 Civil penalty.
In addition to, or as an alternative to, any other penalty provided in this artiele or by law, any person
who violates any pro'/ision ef any business lieense ordinance shall be subjeet to a eivil penalty in an
amount not te exeeed $250.00 per violation te be direetly assessed by the direetor. The direetor, in a
reasonable l'l'laflfler, may vary the amount of the penalty assessed to eonsider the appropriateness of the
penalty to the size of the business ef the violator; the gravity ef the '/ielatien; the nl:1mber ef past and
present violatiens eommitted and the good faith of the violator in attempting to aehieve eompliance after
notifieation of the vielation. 1\.11 ei'/il penalties assessed will be enforeed and eolleeted in aceordance '.'lith
the proeedl:lfe specified l::lflder this artiele. (Ord. No. 90-27, S 1(6.64.420),2-13-90)
SECTION 48. Chapter 17, Article II, Section 17-29, of the Federal Way City Code is hereby repealed
as follows:
17 29 f...dditional enforeement.
NotwithstlHl:ding the existence or use ef aH--Y other remedy, the direetor may seek legal or equitable
relief te enjoin any aets or practices which constihlte or will constitute a violation of any business license
ordinance or ether regulations adopted in this article. (Ord. No. 90-27, S 1(6.64.430),2-13-90)
SECTION 49. Chapter 18, Article II, Section 18-46, of the Federal Way City Code shall be amended
to read as follows:
18-46 Designation of responsible official.
(aD For those proposals for which the city is a lead agency, the responsible official shall be the
director of the department of community development. The responsible official shall make the threshold
determination, supervise scoping and preparation of any required environmental impact statement, and
perform any other functions assigned to the lead agency or responsible official by the State
Environmental Policy Act rules.
(~2) The responsible official shall be responsible for the city's compliance with Chapter 197 -11 WAC
whenever the city is a consulted agency, and is authorized to develop operating procedures that will
Ordinance No
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ensure that responses to consultation requests are prepared in a timely fashion and include data from all
appropriate departments of the city.
(3) The director of the department of community development has the authority to adopt rules and
regulations to carry out the provisions of this article rTitle 1 and has the authority to administer and
enforce this article rTitle 1 and anv such rules and regulations. It is unlawful to violate or fail to comply
with any provision of this article rTitlel or anv such rule or regulation. (Ord. No. 90-40, ~ 1(20.40.10,
20.40.20),2-27-90; Ord. No. 04-468, ~ 3, 11-16-04)
SECTION 50. Chapter 18, Article III, Section 18-161, of the Federal Way City Code shall be
amended to read as follows:
18-161 Purpose and authority.
The city adopts these regulations under the authority of the Shoreline Management Act of 1971,
Chapter 90.58 RCW, as amended, and the Shoreline Management Guidelines, Chapter 173-14 WAC. The
director of the department of community development has the authority to adopt rules and regulations to
carry out the provisions of this article rTitle 1 and has the authority to administer and enforce this article
rTitle 1 and anv such rules and regulations. It is unlawful to violate or fail to comply with any provision of
this article rTitlel or any such rule or regulation. (Ord. No. 90-38, ~ 1(24.10),2-27-90; Ord. No. 98-323, ~
3, 12-1-98; Ord. No. 99-355, ~ 3, 11-16-99)
SECTION 51. Chapter 19, Article IV, Section 19-153, of the Federal Way City Code shall be
amended to read as follows:
19-153 Authority.
The director of public works has the authority to adopt rules and regulations to carry out the
provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1
and any such rules and regulations including making determinations regarding concurrencv and issuing
capacity reserve certificates (CRCs) according to the procedures in this article. It is unlawful to violate or
fail to complv with any provision of this article rchapterl or anv such rule or regulation. shall be
responsible for implementing and eBforeing this article and adopting proeedHres to implement this article,
including making determinations regarding 60neurreney and issuing eapaeity reserve eertifieates (CRCs)
aeeording to the proeedures in this artiele.
The director's determination of concurrency and the issuance or nonissuance of a CRC shall be
integrated, insofar as possible, with any applicable decision making processes on permits, applications,
and proposals submitted to the city for review and decision. For each development activity subject to
concurrency evaluation and the requirement for a CRC, the director shall determine how the review can
be best integrated with the decision making process. (Ord. No. 06-525, ~ l(Exh. A), 6-6-06)
SECTION 52. Chapter 20, Article I, Section 20-5, of the Federal Way City Code shall be amended to
read as follows:
20-5 Violations, enforcement and penalties.
(a1) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells~ ef
transfers, or offers or advertises for sale or transfer, any such lot, tract or parcel without having a final
plat, short plat, boundary line adjustment, or binding site plan filed for record, or who otherwise violates
or fails to comply with any of the provisions of this chapter, or any amendment thereto, shall be guilty of
a gross misdemeanor punishable by a fine of not more than $5,000 for eaeh offense. Each tffi6ft violation
Ordinance No
Page 25 of36
involving a sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land shall be
deemed ~ a separate and distinct offense; provided, hoy;ever, an offer or agreement to sell, lease, or
otherwise transfer a lot, tract or parcel of land following preliminary plat approval shall Hat be seemed in
is not a violation of this chapter if performance of the offer or agreement is expressly conditioned on the
recording of the final plat containing the lot, tract or parcel. All payments on account of an offer or
agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust
account and no disbursement to the seller shall be permitted until the final plat is recorded.
(92.) Whenever land within a subdivision granted final approval is used in a manner or for a purpose
which violates any provision of this chapter, aR-)' Pfovisian af the loeal subdi'lision regulations, or any
term or condition of plat approval prescribed for the plat by the loeal government, then the prosecuting
attorney, er the attorney general if the prosecuting attorney shall fail to aet, the City may commence an
action to restrain and enjoin such use and compel compliance with the provision provisions ofthis chapter
or the laea1 regulations, or with sueh terms or conditions. The costs of such action may be taxed against
the violator.
(eJ) Any person who violates any court order or injunction issued pursuant to this chapter is guilty of
a misdemeanor. shall be subjeet to a fine of not mere than $5,000 or imprisonment for not mere than 90
days or both.
(d1) No building permit, septic tank permit, or other development permit, shall be issued for any lot,
tract, or parcel of land divided in violation of this chapter or local regulatioRs aseptes pocsuant thereto
unless the authority authorized to issue such permit finds that the public interest will not be adversely
affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for
value without actual notice. All purchasers' or transferees' property shall comply with provisions of this
chapter and each purchaser or transferee may recover his or her damages from any person, firm,
corporation, or agent selling or transferring land in violation of this chapter af leeal regt:11ations adopted
pocsuant thereto, including any amount reasonably spent as a result of inability to obtain any development
permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit and
reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may as an alternative to
conforming his property to these requirements, rescind the sale, or transfer and recover costs of
investigation, suit and reasonable attorneys' fees occasioned thereby.
(e5) The director of the department of community development has the authority to adopt rules and
regulations to carry out the provisions of this chapter rTitle 1 and has the authority to administer and
enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply
with any provision of this chapter rTitlel or anv such rule or regulation. In the altematiye or, te the extent
allo'Ned by law, in addition to the remedies prescribed in this section, the city, thrOligfl its authorized
agents, may pursue any other enforcement authorized by law. eormnenee an aetion to enforee this ehapter,
any loea1 subdivision regulatioR er any term or eondition of plat approval preseribes by the eity eouneil,
aeeording te Chapter 1 FV1CC, Miele III, Civil Enforeement of Code. Civil enforeemen.t is in addition
to, and does not limit any other forms of enforcement a'.ailable to the €lit)' ineluding, but not limites to,
criminal sanctions as Sj3eeified in this section and in Chapter 1 F'.VCC, }..rticles II, III, nuisaflee and
Injunction 1^1ctions, or other eiyil or equitable actions to abate, discontinue, COfreet or siseoocage unlawful
acts in 'liolation of this chapter, any local subdivision regulation or any term or condition of plat approval
preseribed by the city eouncil. The city may also eormnenee an aetion to restrain and enj oin 'liolations of
this chapter or of any term or eondition of plat appro'lal prescribed by the eity, and/or to compel
complianee with the pre':4sions of this chapter, or 'Nith such terms or conditions. In the e'/em slieh action
is eommenced, the eosts ofsueh action may be ta](ed against the '/ielator. (Ord. No. 90-41, 9 1(16.460.10,
16.460.20),2-27-90; Ord. No. 97-291, 9 3,4-1-97; Ord. No. 99-342, ~ 11,5-4-99)
SECTION 53. Chapter 21, Article I, Section 21-4, of the Federal Way City Code shall be amended to
read as follows:
Ordinance No
Page 26 of 36
21-4 Administration and Enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out
the provisions of this chapter rTitle 1. mav approve. conditionally approve or denv an application for
regulated activities. and has the authority to administer and enforce this chapter rTitle 1 and anv such rules
and regulations. It is unlawful to violate or fail to complv with any provision of this chapter rTitle 1 or anv
such rule or regulation. or his or her designee sRall administer this ehapt-er, and shall have the amhority to
develop and adopt administrative proeedures to administer and enforee this ehapter. (Ord. No. 99-352, ~
3, 11-16-99)
SECTION 54. Chapter 21, Article II, Section 21.14, of the Federal Way City Code is hereby repealed
as follows:
21 14 Review and appro~,'al authorit)'.
The direetor, or his or her designee(s), may ap}3fove, eonditionally approve er deny an applieation f-or
regulated aetivities l.lHder this artiele. (Ord. No. 99 352, ~ 3, 11 16 99)
SECTION 55. Chapter 21, Article II, Section 21-15, of the Federal Way City Code is hereby repealed
as follows:
21 1S Enforeement.
The direetor shall enforee this artiele, and the terms and eouditions of any applieation, permit or
approval for regulated aetivities granted l.lHder this artiele, using Chapter 1 FV1CC, Artiele III, Ci'lil
Enf-oreement of Code. Civil enforeemeffi is in addition to, and does not limit, any ether f-orms of
enforeement available to the eity ineluding, but not limited te, eriminal sanetions as speeified herein er in
Chapter 1 FWCC, Artieles II and III, nuisanee and injunetion aetions, or other eivil or equitable aetions to
abate, diseontinue, eorreet or diseourage unlawful aets in ':iolation of this ehapter. (ard. No. 99 352, ~ 3,
11 16 99)
SECTION 56. Chapter 21, Article II, Section 21-16, of the Federal Way City Code shall be amended
to read as follows:
21-16 Inspection.
(1) Activities. All activities regulated by this aFtiele chapter rTitlel, except those exempted under
FWCC 21-7, shall be inspected by the director or his or her designee(s). The director or designeefsj shall
inspect projects at various stages of the work requiring approval to determine that adequate control is
being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction;
installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and
completion of project. When required by the director, a special inspection and/or testing shall be
performed. Any applicant who has obtained the approval of the director under this article shall permit the
director or designeefsj access to the property, when requested, to permit the inspections required by this
section.
(2) Stormwater facilities. The director shall develop and implement a regular inspection program.
including a master inspection and maintenance schedule. for all public and private stormwater facilities in
Federal Wav. Inspections shall be no less frequently than annual. Inspections mav be scheduled more
frequently if determined by the director to be necessary for anv reason. If. during the course of the
inspection program. additional existing stormwater facilities are discovered. they shall be added to the
master inspection and maintenance schedule.
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Page 27 of 36
(3) Water quality. The director or designee mav inspect BMPs. examine surface and groundwater, or
sample surface or groundwater as often as is necessary to determine compliance with this chapter fTitlel.
(Ord. No. 99-352, S 3, 11-16-99)
SECTION 57. Chapter 21, Article III, Section 21-30, of the Federal Way City Code is hereby
repealed as follows:
21 30 InspeetioB program.
(a) Program. The direetor shall develop and implement a program atld proeedures for the regular
inspection of all public and private stonn\'later facilities in Federal "'Nay. .\s part of th.at program, or
whenever there is probable cause to belie','e that a 'nolation of this chapter or article has beeR or is being
oommitted, the director (or his or her designated inspector) is aat:horized to iRspect all publie and private
portions of the stofffi'uater drainage systems 'uithin Federal Way during regular ,;,'arking flOlKS atld at
other reasonable times ta determine e0mpliance ,;,'ith the provisiofls of this chapter.
(b) Scheoole. .\s part of the iRspectioR program, the direetor shall establish a master inspection and
maintenanee schedule. Inspections shall be atlflua1, at a ffi:i.:nimum. Critical st0fffiwater faoilities may
require a more fre<l\:lent inspection schedale. If, dMring an inspeotian, a faoility is f01:H'ld nat to be iR
compliatlee \vith the standards described in the Federal Way Stormwater System OperatioR and
Maintenance Matlual, all subsequent inspection atld maiRtenance intervals shall be seheduled more
freqt:1eRtly if determined by the director ta be necessary iR order to aSSl:1fe f1.lt1:1re compliance. If, OOriRg
the ealKse of the inspection program, aaa.itional eJdsting stann-water facilities are discevered, they shall
be added to the master inspeetion and maintenance sehedule. (Ord. No. 99 352, ~ 3, 11 1(99)
SECTION 58. Chapter 21, Article III, Section 21-31, of the Federal Way City Code shall be amended
to read as follows:
U-J.t. 21-16.5 Entry into private facilities or on private property to storlBWater faeilities.
As part of an inspection program, or whenever there is probable cause to believe a violation of this
chapter r title 1 exists or has occurred. the director or designee is authorized to inspect, during regular
working hours and at other reasonable times. any public or private property regarding conditions relating
to possible pollution of surface or groundwaters, as well as all public and private portions of the
stormwater drainage svstems within Federal Wav. to determine compliance with this chapter ftitlel. Prior
to making any inspections of private facilities or on private property, the inspector shall present
identification credentials, state the reason for the inspection and request entry. Whenever an onsite
inspection of private property is made, the findings shall be recorded. A coPy of the inspection findings
shall be furnished to the owner or the person in charge of the property after the conclusion of the
investigation and completion of the inspection findings.
(1) If the property or any building or structure on the property is unoccupied, the inspector shall first
make a reasonable effort to locate the owner or other person(s) having charge or control of the property or
portions of the property and request entry.
(2) If after reasonable effort, the inspector is unable to locate the owner or other person(s) having
charge or control of the property, and has reason to believe the condition of the stormwater drainage
system creates a risk of imminent harm to persons or property, the inspector may enter.
(3) If entry is not consented to by the owner or person(s) in control of the property or portion of the
property, and no conditions are reasonably believed to exist which create a risk of imminent harm, the
inspector shall obtain a search warrant prior to entry. To the extent authorized by the laws of the state of
Washington, the Federal Way municipal court is hereby authorized to issue a warrant permitting the
inspection of privately owned stormwater facilities, upon a showing of probable cause to believe that a
provision of this chapter has been or is being violated.
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(4) The inspector may also inspect the stormwater drainage system without obtaining a search warrant
provided for in subsection (3) of this section, provided the inspection can be conducted while remaining
on public property or other property on which permission to enter is obtained.
(5) In the event any person, whose property has previously been provided with utility fee credits for
onsite water quantity/quality control, refuses to allow the director to inspect said facility or commits a
violation of this chapter, the director shall cancel the water quality/quantity credits for said property
accordingly. Whenever the director shall make such an adjustment, a notice and order of adjustment shall
be mailed to the owner of said property by certified and regular mail. The notice shall be deemed received
when signed for by the owner, or, if the owner fails or refuses to sign for the notice within the time
provided by the postal service, within three days of mailing. The owner may request the director to
reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the
notice. The director's decision on any such reconsideration shall be final and not subject to further appeal.
(6) In the event any person, whose property has previously been provided with a reduced intensity of
development classification as the result of the existence of a detention facility on said property, refuses to
allow the director to inspect said detention facility or commits a violation of this chapter, the director may
adjust the intensity of development classification for said property and the billing rate for said property.
Whenever the director shall make such an adjustment, a notice and order of adjustment shall be mailed to
the owner of said property by certified and regular mail. The notice shall be deemed received when signed
for by the owner, or, if the owner fails or refuses to sign for the notice within the time provided by the
postal service, within three days of mailing. The owner may request the director to reconsider the notice
and order by filing a request for such reconsideration within 10 days of receipt of the notice. The
director's decision on any such reconsideration shall be final and not subject to further appeal. (Ord. No.
99-352, ~ 3, 11-16-99)
SECTION 59. Chapter 21, Article III, Section 21-32, of the Federal Way City Code shall be amended
to read as follows.
~22-16.6 Inspection and maintenance records.
(a1) Records for new facilities. Records of new public or private stormwater facilities shall include
the following:
(+.!!) As-built plans and locations.
(:2-h) Findings of fact for any exemption granted by the city of Federal Way.
(JQ) Operations and maintenance requirements and records of inspections, maintenance actions
and frequencies.
(44) Engineering reports, if prepared prior to or during construction of the facility.
(92) Records for existing facilities. Upon the request of the director, all owners of existing storm
drainage systems shall provide the director with all inspection, maintenance and repair records for their
facilities, as well as any existing record drawings or diagrams of their storm drainage systems. (Ord. No.
99-352, ~ 3, 11-16-99)
SECTION 60. Chapter 21, Article III, Section 21-33, of the Federal Way City Code shall be amended
to read as follows.
~ 21-16.7 Reporting.
The director shall report annually to the Federal Way city council about the status of the inspections.
The annual report may include, but need not be limited to, the portions of the components found in and
out of compliance, the need to upgrade components, enforcement actions taken, compliance with the
inspection schedule, the resources needed to comply with the schedule, and comparisons with previous
years. (Ord. No. 99-352, ~ 3, 11-16-99)
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SECTION 61. Chapter 21, Article III, Section 21-34, of the Federal Way City Code is hereby
repealed as follows:
21 31 EBfereemeBt.
The direotor shall enforee this artiole USiRg Chapter 1 FWCC, .\rtiole III, Ci',il Enf0raement of Code.
Civil enforoement is in addition to, and does not limit, any other forms of e1'lforoement available to the
oity inoluding, but not limited to, criminal sancti0ns or other remedies as specified herein or i1'l Chapter 1
FWCC, Artiales II and III, nuisance and injunetion aetions, or other civil or ectHitable aetions to abate,
discontinue, correot or disoourage oolavrfu1 acts in violation of this ehapter. (Ord' N~. 99 352, ~ 3, 11 16
99t
SECTION 62. Chapter 21, Article IV, Section 21-41, of the Federal Way City Code shall be amended
to read as follows:
21-41 Enforcement.
(aD Violations. Notwithstanding the requirements of FWCC 21-36 through 21-39, if a person has
properly designed, constructed, implemented, and is maintaining BMPs according to the BMP manual, is
carrying out AKART as required or approved by the director, and/or has modified existing practices as
specified by the director, and contaminants continue to enter surface and stormwater or groundwater; or
the person can demonstrate that there are no additional contaminants being discharged from the site above
the background conditions of the water entering the site, then that person shall not be in violation of water
quality provisions of this article. Said person however, remains liable for any prohibited discharges
through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges in
violation of this article that allow contaminants to enter surface and stormwater or groundwater.
(62) Additional guidance. The director, in consultation with other departments of Federal Way
government, may develop and implement additional guidance information which describes the goals,
objectives, policies, and procedures for a water quality investigation and enforcement program. These
procedures will describe how the city will investigate and respond to reports or instances of
noncompliance with this chapter and shall identify by title the official(s) responsible for implementing the
enforcement procedures.
(c) Inspections. The director may 0bserve BMPs or ex&J.'H:i.1'le and/or sample surfaae aHd stormwater or
ground',yater as often as may be neoessary to determine eompliance '.'lith this ehapter. The direotor or his
or her designee is further authorized, as set forth in F'.vCC 2lJ..Q &nd 2lJ.1, to eflter in or 1:lflon any
public or pri'rate property for the purpose of inspeeting and investigating eooditions relating to the
pollution of or the possible pollution of surfaee and/or grom'l:dwaters. 'A'henever aR eRsit-e inspeotion of a
property is made, the findings shall be reeorded. .\ eopy ef the inspeotien findings shall be furnished to
the owner or the person in ahEH'"ge of the property after the conclusion of the investigatioo and completion
of the inspeotion findings.
(dJ) Sampling and analysis. Whenever the director determines that any person has violated or is
violating the provisions of this article, the director may require the person responsible for the violation to
sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance
with sampling and analytical procedures or requirements determined by the director. A copy of the
analysis shall be provided to the Federal Way surface water management division.
( e) Enforoement. If the direetor determines th&t a vielation has beeR committed, the direator shall
enforoe this &rticle using Chapter 1 FWCC, Article III, Civil Enforoement of Code. Ciyil enforcement is
in addition to, &nd does not limit, any other forms of enferoement available to the aity includiflg, but not
limited to, criminal sanctions or other remedies as speeified herein or in Chapter 1 F\VCC, Artioles II &nd
Ordinance No
Page 30 of 36
III, Nuisance and InjlH1ction actions, or other civil or equitable actions to abate, discontinue, correct or
discourage unla'.Yful acts in violatiofl of this chapter.
fB ill Summary abatement. In addition to the remedies specified by Chapter 1 F\VCC, Article III,
Civil Enf-orcement of Code, wheFl:ever Whenever any violation of this article causes or creates a
condition, the continued existeBce of which constitutes an immediate and emergent threat to the public
health, safety or welfare or to the environment, the director may summarily and without prior notice abate
the condition. Notice of such abatement, including the reason for it, shall be given to the person
responsible for the violation as soon as reasonably possible after the abatement. The costs of such
summary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in
Chapter 1 FWCC, Article III, Civil Enforcement of Code. (Ord. No. 99-352, g 3, 11-16-99)
SECTION 63. Chapter 21, Article V, Section 21-104, of the Federal Way City Code shall be
amended to read as follows:
21-104 General provisions.
(a) Application of article. This article shall apply to all areas of special flood hazards within the
jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood Insurance Study for Federal
Way" dated May 16, 1995, and any revisions thereto, with an accompanying flood insurance rate map
(FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this
article. The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available
information for flood hazard area identification as outlined in FWCC 21-106 shall be the basis for
regulation until a new FIRM is issued that incorporates data utilized under FWCC 21-106.
(b) Penalties for noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this article and other applicable
regulations. Violations of the provisions of this artiele by failure to comply with any of its requirements
(including violations of eonditions and safeguards established in eonneetion ';'Iita eanditions) shall be
enf-orced by the direetar pursuant ta Chapter 1 FWCC, ~~-1ll, Civil Enforeement of Code. Civil
enforcement is in additioB to, and dees not limit, any other forms €If enfareemeBt available to the city
including, bat not limited to, criminal sanctions or other remedies as SfJeeified herem ar in Chapter 1
FWCC, .^.rticles II and III, nuisance and injunctiaB aations, or other civil or equitable actions to abate,
discontinue, correet or disaourage unlawful acts in violation oftms chapter.
(c) Summary abatement In adElition to the remedies specified by Chapter 1 FWCC, Article III, Civil
Enforcement of Code, whene'ler Whenever any violation of this article causes or creates a condition,--the
continued e-xistenee €If which constitutes an immediate and emergent threat to the public health, safety or
welfare or to the environment, the director may summarily and without prior notice abate the condition.
Notice of such abatement, including the reason for it, shall be given to the person responsible for the
violation as soon as reasonably possible after abatement. The costs of such summary abatement shall be
recoverable via procedures for recovery of abatement costs as set forth in Chapter 1 FWCC, Artjcle HI,
Civil Enforcement of Code.
(d) Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this article and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(e) Interpretation. In the interpretation and application of this article, al! provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(f) Warning and disclaimer of liability. The degree of flood protection required by this article is
considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
Ordinance No
Page 31 of36
Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or
natural causes. This article does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This article shall not create
liability on the part of Federal Way, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this article or any administrative
decision lawfully made hereunder. (Ord. No. 06-536, ~ 2(Exh. A), 11-7-06)
SECTION 64. Chapter 22, Article I, Section 22-11, of the Federal Way City Code shall be amended
to read as follows:
22-11 Violation of this chapter.
W Violations. It is unlawful for any person to do or cause any of the following to be done and for a
property owner to permit any of the following to be done on his or her property contrary to or in violation
of this chapter:
(1) Construct, in any way alter, or move any improvement.
(2) Engage in any activity.
(3) Use or occupy any structure or land.
(4) Conduct any use.
(5) Create any conditions.
It is also unlawful for any person to fail to perform any activity or obligation required by this chapter.
Yiolatians identified herein shall constitute misdemeanors subjeet to criminal proseeH-tioo, PliBishable
as set forth herem.. Tms chapter is also subject to ciyil enforcemoot, as set forth herein.
(b) Crimieal eefareement. Upon conviction of an unlawful aet liBder or violatioo. af this eeapter, the
property O'lmer or other person may be pHRisees. by a fine of not more than $1,000 or imprisoned far not
more than ninety (90) s.ays aT both for each day Of part af a day during wmeh the unlawful act or
violation occurs. The property owner or other person FflaY also be ordered to discaFl-tif:H::te the unlawful act
or correct the violation. Crimiea1 enforeemoot is m. aadition to, and does nat limit any other forms of
enf{)rcement available to the city including, but not limited to, civil enfareement as specifieS. herem. ar
Chapter 1 FWCC, Artiele III, nuisance and injunction actions, or other eivil or equitable actiafls ta abate,
discontinl:1e, earreet or discourage unlawful aets in 'nolation ofthis ehapter.
(c) Civil enforeement:. Ci'lil enforcement of tee ]3favisions of this chapter aRd the terms and
conditions of any permit or approval issued pursuant to this ehapter shall be governed by Chapter 1
FWCC, f.rticle III, Ci'.iJ Eflfareement of Code. Ci'nl eflforeement is in additioe ta, aRd does not limit any
other f{)fIDS of enforcement available to the city ineluding, but not limited to, criminal saeetiafls as
specified herein or Chapter 1 FWCC, .^.rtieles II, III, nuisance and injunction actions, af other ci'nl or
equitable actions to abate, a.iscontinue, correct or discourage ufllawful acts in ':iollMion of tms chapter.
(Ord. No. 90-43, ~ 2(175.45), 2-27-90; Ord. No. 99-342, ~ 5, 5-4-99)
SECTION 65. Chapter 22, Article II, Section 22-101, of the Federal Way City Code is hereby
repealed as follows:
22 101 Ceneral respoRsibility.
The departmeflt af eOIlHrnmity deyelopment is responsible for the general administratian of this
ohapter. The city manager shall appoint a director of that department and other staff members as is
appropriate for the administration of this chapter. (Ord. No. 90 13, ~ 2(170.50),22790)
SECTION 66. Chapter 22, Article II, Section 22-102, of the Federal Way City Code shall be amended
to read as follows:
Ordinance No
Page 32 of 36
22-102 Authority.
The director of the department of community development has the authority to adopt rules and
regulations to carry out the provisions of this chapter fTitle 1 and has the authority to administer and
enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to complv
with anv provision of this chapter rTitle 1 or any such rule or regulation. The city manager shall appoint a
director of that department and other staff members such as a planning official as is appropriate. and mav
grant them In addition to the authority granted to the department of eommunity development, tee Elireetor
of community de'/elopment.. and the planning official by this chaptei", they shall ha',<e ';'/flateYer additional
authority and duties as needed are granted to them by the eity maBager, consistent with state and city law.
(Ord. No. 90-43, S 2(170.55), 2-27-90)
SECTION 67. Chapter 22, Article II, Section 22-103, of the Federal Way City Code shall be amended
to read as follows:
22-103 Forms and operating procedures.
The director of community development may issue application forms, operating procedures, and
similar material~ to facilitate the orderly conduct of the department of community development and
responsibilities, which shall be used, followed, and enforced. The department of community development
shall use, fellow and enferee these materials as if they were part of this chapter. (Ord. No. 90-43, S
2(170.60),2-27-90)
SECTION 68. Chapter 22, Article II, Section 22-121, of the Federal Way City Code shall be amended
to read as follows:
22-121 Code enforcement officer - Duty Authoritv to iBvestigate.
The code enforcement officer appointed pursuant to FWCC 22-104 shaH mav, either upon a
complaint or on the officer's own initiative, investigate and pursue enforcement of potential violations of
this chapter. (Ord. No. 90-43, S 2(175.25(1)), 2-27-90)
SECTION 69. Chapter 22, Article II, Section 22-122, of the Federal Way City Code shall be amended
to read as follows:
22-122 Code enforcement officer- Entrance on private property.
If the €lode enforcemeat efficer enters l:lpon Prior to entering private property to investigate potential
violations of this chapter, the ~ code enforcement officer, insofar as practicable possible before entering
upon pri'fate property, shall present his or her credentials to the owner or person in possession or charge
of the property and request entry. If entry is refused, the code enforcement officer may use every lawful
means and remedy to obtain entry. (Ord. No. 90-43, S 2 (175.25 (2)),2-27-90)
SECTION 70. Chapter 22, Article II, Section 22-128, of the Federal Way City Code is hereby
repealed as follows:
22 128 ZOBiBg eitatioB.
(a) The €lode enforcement officer may seek issuanee of a zoning citation in either of the fallaY;lRg
eircumstanees:
(1) There is a violation of a posted order to €lease aeti'lity.
Ordinance No
Page 33 of 36
(2) If, after the time speeified in the notiee of violation, the aetivity, eonditions, stmeture, or use
oited in the noticc of violation still does not eonform. to this ohapter.
(b) The oitation v;ill be issued to the oVlller of the property, the occupant or person in eharge of the
property and any other person eausing or allov/lng the aetivity, eonditiofl, strueture or use to eJd5t or
oceur. The issuance of a eitation initiates crimiflal proseeutiofl of the 'l'iolatiofl. (Ord. No. 90 13, ~
2(175.10), 2 27 90)
SECTION 71. Chapter 22, Article II, Section 22-129, of the Federal Way City Code is hereby
repealed as follows:
22 129 Civil eHforeemellt.
The code enforeement offieer shall enforee the pro'l1sions of this chapter afld the terms and eOflditions
of any permit or approval issued pursuant to this chapter as set forth in FWCC Rll. (Ord. No. 99 312, ~
5,5 1 99)
SECTION 72. A new section is added to Chapter 22, Article XI, of the Federal Way City Code
(FWRC 19.190.070) to read as follows:
22-577 rt9.190.0701 Application of Zonine reeulations.
Except as otherwise provided in this title:
1. No building or part thereof or other structure shall be erected. altered, added to, or enlarged, nor
shall any land, building, structure, or premises be used, designated, or intended to be used for any purpose
or in anv manner other than is included among the uses listed in this title as permitted in the district in
which such building, land, or premises are located.
2. No building or part thereof or structure shall be erected, reconstructed. or structurallv altered to
exceed in height the limit designated in this title for the district in which such building is located.
3. No building or part thereof or structure shall be erected. nor shall any existing building be altered,
enlarged. or rebuilt or moved into any district. nor shall anv open space be encroached upon or reduced in
anv manner, except in conformity to the vard, building site area, and building location regulations
designated in this title for the district in which such building or open space is located.
4. No vard or other open space provided about any building for the purpose of complying with
provisions of this title shall be considered as providing a yard or open space for anv other building, and
no vard or other open space on one (1) building lot shall be considered as providing a yard or open space
for a building on any other building lot.
SECTION 73. Chapter 22, Article XVIII, Section 22-1604, of the Federal Way City Code shall be
amended to read as follows:
22-1604 Compliance and enforcement.
(a) Compliance with other applicable codes. All signs erected or altered under this article must
comply with all applicable federal, state and local regulations relating to signs, including without
limitation the provisions of the International Building Code and the National Electric Code as adopted in
FWCC 5-66 by the city. If any provision of this Code is found to be in conflict with any provision of any
zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the
higher standard shall prevail.
(b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The
property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The
area surrounding freestanding signs must be kept free of litter and debris at all times.
Ordinance No
Page 34 of 36
(c) .^...dministrative fee. Abatement. In addition to the abatement authority provided bv proceedings
under Chapter 1 FWCC, Article III. the city or its agents mav summarily remove anv sign placed on a
right-of-way or public property in violation of the terms of this article. All signs removed by the city shall
be available for recovery by the owner of such sign for a period of two weeks, after which they will be
destroyed. Recovery of any sign removed by the city shall be subject to payment of an administrative fee
to partially cover the city's cost in removing and storing the sign as follows:
(1) First violation fee: $5.00 per sign.
(2) Subsequent violations fee: $7.00 per sign.
The city shall not be responsible for damages or loss during removal or storage of any signs. This
administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter.
(d) Ci'lil enforeement. Civil enforeement of the provisions of this artiele and the terms and conditi0fls
of any permit or appro'fal issued pursuant to this artiele shall be governed as set forth below, and by
Chapter 1 FWCC, Article III, Civil Enforeement of Code. Ci'lil enforcement is ifl addition to, and does
not limit an-y other forms of enforeement available to the eity including, bat flot limited to, eriminal
sanctions as specified herein or Chapter 1 FWCC, Articles II and III, nuisance and injunction aetions, or
other ei'1i1 or equitable actions to abate, discontiflae, e0rreet or discourage unlawful acts in violation of
this artiele.
(e) Reserved.
W Inspection. The administrator is empowered to enter or inspect any building, structure or premises
in the city, upon which or in connection with which a sign is located, for the purpose of inspection of the
sign, its structural and electrical connections, and to ensure compliance with the provisions of this Code.
Such inspections shall be carried out during business hours, unless an emergency exists.
(g) .^~batement by the eity.
(1) ,^~uthority to remove sign.. .^~s pltrt of an-y I:tbatement aetion tmder Chaflter 1 FWCC, ,\rtiele
III, the eity or its agents may eFlter upon the sl:lbjeet pr0perty and eause an-y sign. Y/hieh 'nolates the
provisions of the sign. eode to be removed Itt the expense of the o'.vner, teflant, lessee or ocel:lpant, either
jointly or se'lerally. In additi0fl te the abatement authority pr0Yided by proceedings l:1flder Chaflter 1
FWCC, .^.rticle III, the eity or its agents may summarily remove aHY sign. plaeed on a right ef 'Nay or
publie property in 'liollttion of the terms of this artiele. Ree0very of costs for rem0'fal ef any signs as
provided herein shall be as provided in Chapter 1 FWCC, .^.rtiele III. (Ord. No. 95-235, 9 4, 6-6-95; Ord.
No. 99-342, 9 5, 5-4-99; Ord. No. 05-486,93,4-19-05; Ord. No. 06-523,9 3(Exh. A), 4-18-06)
SECTION 74. 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 75. 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
Ordinance No
Page 35 of 36
modifY portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 76. 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 77. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 78. 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
,2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATIEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATIORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No Page 36 of 36
COUNCIL MEETING DATE: December rd, 2008
ITEM#7.g.
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
I:8J Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: AARON
DEPUTY CITY ATTORNEY
DEPT: 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 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 ap~ro~al of ,the ^ ?rldT~ce and forward to the full Council on
December 2nd. 1'6'( .{,ytp\ Yl..J.OA. V\IA-:,
2. Modify the proposed d;dinance and for~;;;tJto the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROY AL: ~
C . ee
COMMITTEE RECOMMENDATION: ~ Car\rnl tu ~ved
a;~~
Committee Member
DIRECTOR APPROY AL: f 4f(-
Committee
V1.VdKtA opt(~ 1.
~~ ~UL?hL
Committee Member
PROPOSED COUNCIL MOTION: "I move to forward the ordinance to a second reading for enactment on the
January (/h consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDillEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, 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 ofthe 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 false alarms.
(aD Service charges will be assessed by the city clerk for excessive false alarms during the
registration year as follows:
.@lFourth and fifth false alarms: fee set forth in fee resolution.
MSixth and additional false alarms: fee set forth in fee resolution.
(:&2.) The city clerk shall ootify 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 Hne and the consequences of the failure to pay the penalty Hne. The city clerk shall
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 eG ~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 oflate fee as set forth in fee resolution. If payment is not received within.w 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 alarm 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 alarm 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 ofthe 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 alarm 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 ofthe
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:
(1) 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 -W-14 days after the date ofdeliyery
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:
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 anv
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 whieh a registration has been isooed within a
reasonable time, and in any event, within one hour after said notification.
(Ord. No. 93-193, ~ 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, bv filing a written notice of appeal with the city clerk within 14 calendar
davs from the date of service of the notice of a false alarm or notice of anv penalty. Service shall be
deemed complete upon the third dav following the day upon which the notice is placed in the mail. unless
the third dav falls on a Saturdav, Sundav or legal holidav. in which event service shall be deemed
complete on the first dav other than a Saturday, Sundav or le~a1 holiday following the third dav. The city
mav 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 in 'Nritiflg and shall be requested 'llithin 10 days of the
notice of penalty received from. the eity clerk's effiee. 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 davs of the clerk's receipt of the appeal. If a heariflg is requested, 'lmtten Written notice of
the time and place of the hearing shall be served on the user by the city clerk police ehief, by certified
mail, at least 10 days prior to the date set for the hearing, whioh shall not be more than 21 ner less than 10
days after the filing of the request for hearing.
(c) The hearing shall be before the police chief or the police chiefs designee. The police ehiefmay
appoint another person to be an administrati'le heariBg offioer te hear the appeals and te render judgment.
The alarm user and the City polioe ohief shall have the right to present written and oral evidence. If.the
polioe ohief determines that the false alarms alleged have occurred in a registration year, the pelice chief
may issue written findings waiving, expunging or eHtering a false alarm designation on afl alarm \:1ser's
reoord. If the hearing officer finds that the appellant has proven bv a preponderance of evidence that an
alleged false alarm did not occur during the registration vear the hearing officer shall vacate the false
alarm determination. If the hearing officer finds that the appellant has proven bv a preponderance of
evidence that anv 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 findings of fact. conclusions. and order within 14 davs of the hearing. If false alarm
determinations designations are affirmed entered on the alarm user's reoord, the city clerk shall pursue the
collection of the penalties penalty fines. 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 eivil infraetion.
(e) In accordance with R~W 46.55.210(1)(d), a decision made by an adIllinistrative hearing officer
may be appealed to the King County District Ceurt for final judgment. (Ord. No. 93-193, ~ 9, 11-9-93)
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 regulations proyided herem., [anyone] y:he violates
any provisions of this chapter shall be found to ha.-ye conH11itted a Class I a violation of anv 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
fTitle 1 and has the authority to administer and enforce this chapter fTitle 1 and anv such rules and
regulations. It is unlawful to violate or fail to comply with any provision of this chapter [Titlel 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 fchapterl apply to licenses and
regulations under anv chapter in this chapter fTitle 1.
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 ef each year, or otherwise violating or failing to comply with any of the provisions of this
artiele chapter fTitle 1 is guilty of a misdemeanor may be punished by a fine of not more than $5,000 or
imprisoned for not more th.a:n six months, or both, for each day or part of a day during which the unlawful
act or violation occurs. The person may also be ordered to diseontinue the unlawfl:tl aet or corr-ect the
violation.
(b) Civil penalties. Any person who fails to comply with the provision of this artiele chapter fTitlel is,
in addition to any criminal penalties, subject to a maximum civil penalty of $5,000 for each day or portion
of the day 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 afliele chapter rTitle llimits the right of the city to pursue
other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage~
unlawful acts under or in violation of this article.
(Ord. No. 91-86, S 1(23),2-5-91; Ord. No. 00-370, S 1, 7-18-00)
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 Rame of the eity to all persons qualified under the
provisions 0f this article and shall:
(1) Adopt all forms and prescribe the information required to implement this afliele chapter rTitlel.
(2) Submit all applications to the planning 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 anv applicant of anv deficiencies in their application and refrain from completing the
processing until those deficiencies are remedied. Notify any applicaflt of the aee~tance 0f rejeetion of
this applieation and shall, upon denial 0f any registration, state in Yfliting the reaS0n theref0r, the process
for appeal thereof and deliyer them to the applieant.
(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 for registration is not in compliance with any
applicable city regulations. Upon denial the clerk shall notify the al'plicant 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 rTitle 1-
When any saeh registration is denied, the appheant may appeal such deeision pl:1fSliaflt to the pf0eess
deseribed in FWCC .2.j1.
(6) When the issuance is denied, afld any action instituted by the applicant to eompel its issl:1ancc,
sueh applieant shall not eRgage in the business for which the registration was refused unless ar until the
registration is issued pursuant to an administrati':e or judieial judgment 0rdcring the same.
(Ord. No. 91-86, S 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 carry 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,Jn
addition to anv other required federal. state, local. or City licenses: unless the person has or haying filed
and qualified for ail exemptions therefrom as pro'/ided herein.
(Ord. No. 91-86, S 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.
(aD Every person required to procure a license or registration under the prevision of any 0rdinance of
this city or pro'lision of this Getle chapter rTitle 1 shall submit an application f-or sueh registration to the
city clerk on forms provided bv the clerk. The application for the registration shall be made to the city
clerk, on forms provided by such officer, which application 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
also require any additional information required bv a provision of this chapter [Title 1 or found to be
reasonably necessary to determine compliance with this chapter [Title 1 or for the fair administration of
this aftiele chapter [Title 1. 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.
(e~) The application for a license or registration shall be accompanied by the full amount of the fee
chargeable for such license or registration.
(6]) 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 anv lawtffis
artiele or this Cede.
(~) 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 hY-the
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.
(e~) 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, kind~ or nature of the
business. or if anv 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 dOe\:lffieRting
said chaRge or modifieation will not require a fee.
(Ord. No. 91-86, S 1(3),2-5-91; Ord. No. 03-440, S 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 aftiele chapter rTitle 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, S 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 lioense 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)
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 fer ohtaiRiBg registratioB.
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 aftiele chapter rTitle 1.
(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 aftiele chapter rTitle 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 aftiele chapter rTitle 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 Registrations issued pursuant to this aftiele chapter rTitle 1 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 aftiele chapter rTitle 1 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 rTitle 1, the surviving spouse, partner, or
officer may operate under the existing license for a period not to exceed 90 davs.
(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 Any notices required by this aftiele chapter rTitle 1 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
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
aftiele chapter (Titlel. Service shall be deemed complete upon the third day following the dav upon which
the notice is placed in the mail, unless the third dav falls on a Saturdav, Sunday or legal holiday, in which
event service shall be deemed complete on the first day other than a Saturday, Sundav or legal holidav
following the third dav.
(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 issued Uflder this artiele may be re'/ok-ed' suspoo.ded or denied The clerk mav revoke,
suspend, or deny a license or registration issued or requested under this chapter rTitle 1 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 business or of employment, faileG 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 licensee, or afl-Y manager, offieer, direetor, agent or employee, while aetmg 'lIitbin the seope
of emplayment, failea to eomply with any af the terms and eenditions imposed by the eity en the isooanee
of the registration;
(3) The lieoo.see, or any manager, anker, direetor, agent or em.ployee, ,yhile aetmg within the seepe
of employment, failed to operate the business or aetivity in aeeordanee ....:ith any federal, state er loeal1aw
or regulations;
~ The licensee or registrant, or any manager, officer, director, agent or employee, while acting
within the scope of employment, eonducted 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;
(~~) The issuance Issuance 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:) .When 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) '.Vhen the ~registration was issued through mistake or inadvertence;
(8) Whoo. the registration applieation eonta-ins false er misleading statements, evasions er suppression
of material faets;
(9~) The licensee or registrant's con':iction has been or is convicted of infractions, crimes, or offenses
within 10 years which have a connection to the licensed business or activity, or the licensee or registrant's
agent or emplovee is convicted of such offense on the subiect premises when the licensee or registrant
knew or should have known of the violations;
(10) 'Nhen the business or actiyity becomes an instrument of or a cover for publie disorder, crime, er
other danger to publie safety, morals or health;
(+l-Q) ').Then 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 business registration;
(12) Criminal cooyiction ef licensee, or any manager, officer, director, agent er emp1eyee, while
acting '.vi thin the scope ef empleyment, or a violation of any provision of this title shall be grounds for
revocatien or suspension of the license.
A license or registration procured bv fraud or misrepresentation shall be revoked. Where other violations
of this chapter rTitle 1 or other applicable ordinances, statutes, or regulations are found, the license or
registration shall be denied or suspended for a period of 30 davs 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, 91(17),2-5-91; Ord. No. 95-231, 91,4-4-95; Ord. No. 03-440, 9 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 Emen!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 Wav 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 iniurv or damage to persons or property. the license or registration of such business mav be
summarily suspended. The licensee or registrant shall be notified in writing of the grounds for suspension.
Notification shall be by personal service or bv 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 penalty.
Prior to denial. suspension. or revocation of a license or registration under this chapter rTitle 1. or
imposition of a civil penalty the licensee or registrant shall be notified in writing of the grounds for the
action. Notification shall be bv personal service or bv registered or certified mail. Except as provided in
FWCC 9-49 rFWCC-9-42.3 rFWRC 12.05.17311 anv penalty will be due and anv denial. suspension, or
revocation of the license or registration shall be effective 14 davs after the date of service of the notice of
suspension or revocation unless such action is appealed bv 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 afldfor 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 rFWCC 9-43.5 rFWRC 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
judicial judgment ordering the same.
(Ord. No. 95-231, S 1,4-4-95)
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 rFWRC 12.05.1851 Reinstatement procedures and standards for reviewine: an application
for reinstatement.
At any time following the expiration of the revocation or denial period a licensee or registrant may applv
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 aftiele chapter rTitle 1, 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, S 1(18),2-5-91; Ord. No. 95-231, S 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:
9-45 Appeal period.
(1) Generally. Anv person falling under the prOVISIons of this chapter rTitlel may appeal any
revocation. suspension. or denial of a license or registration, the assesment of anv penalty, or anv other
acts designated under this chapter [Title 1 as appealable or entitled to a hearing examiner hearing. to the
hearing examiner by filing a written notice of appeal. specifying what issue is being appealed, with the
city clerk within 14 calendar days from the date of service of the notice of revocation, suspension, or
denial. penalty or other event. The city mav also request a hearing before the hearing examiner to assess
costs, modify previous orders, or to enter other orders as needed.
(2) Schedule. Within 10 days of the clerk's receipt of the appeal. the hearing examiner shall set a
public hearing for a date within 30 days of the clerk's receipt of the appeal.
(3) Notice. Written notice of the time and place of the hearing shall be served on the person subject to
the requirements of this chapter and/or the appellant by the city clerk, by certified mail. at least 10 davs
prior to the date set for the hearing~
(4) Participation. The city and the appellant mav participate as parties in the hearing and each may
call witnesses. Anv person may participate in the public hearing in either or both of the following wavs:
(a). By submitting written comments to the hearing examiner, either by delivering these
comments to the clerk prior to the hearing or bv giving these directly to the hearing examiner at the
hearing.
(b) By appearing in person, or through a representative. at the hearing and making oral comments
directly to the hearing. The hearing examiner mav reasonablv limit the extent of oral comments to
facilitate the orderly and timely conduct of the hearing.
(5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal vursuant to the
rules of procedure of the hearing examiner. The hearing is limited to the issues raised in the notice of
appeal. The aPt>ellant shall have the burden of proof bv 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 staved during an appeal, but a denial of a license or registration is effective until ordered otherwise.
A registrant under this article must appeal the decisien for rcvocation, suspension or denial within 10
days of reoeipt of the notice of such re'/ocation, suspension or denial by filing a notice of appeal Y/ith the
city elerk. Upon receipt by the city elerk of the appeal by registrant, a hearing shall be held thereon before
a hearing examiner designated by the eity. Notiee of the hearing shall be given to the appellant at least 10
days prior to the hearing. f~t sueh hearing the appellant shall be entitled to be heard and in:troduee
evidenee on his or her own behalf.
(Ord. No. 91-86, S 1(19),2-5-91; Ord. No. 95-231, S 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 davs after the close of the public hearing. Notice of the decision shall be
mailed to all parties. The deeision of the hearing examiner shall be rendered y;ithin five days of the close
of the hearing. The decision shall be in vmting aHa shall set forth the findings ana reaSOBS for the
deeision, and the registnmt shall be notified in y/riting. In the event of revocation or denial of a license or
registration or license, the hearing examiner decision 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;--llflEl
(3) The oonduot's effect~ on the community and whether the business or activity was a threat to the
public health, safety or welfare: and
(4) Anv mitigating evidence.
During the period of revooation or denial, the registrant and any entity in whioh the registrant has an
ovmership interest shall be preoluded from applying for either a reinstatement of the registration or from
applying for a new business registration to oonduct the same or a similar business aetivity. The decision
of the hearing examiner is final unless appealed within 14 days to the city council by filing such notice of
appeal ','/ith the oity clerk within the required time period. If a decision of the hearing examiner is not
appealed it shall constitute the final decision of the city, and the failure to complv with the decision of the
hearing examiner shall constitute a misdemeanor.
(Ord. No. 91-86, g 1(20),2-5-91; Ord. No. 95-231, g 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:
9 <17[F"'RC 12.05.220] ReiastatemeBt proeedares aad staBdards for reviewiag aa
applieatioa for reiastatemeBt.
(a) Prooedl:H"es. "^~t any time following the expiration of the revaeation or denial period a registtam
may apply for reinstatement of the registration, or an applioation for a new business may be sought
utilizing the fallowing proeedures:
(1) A written applieatioR shall be eompleted on a form a'lailable from the oity clerk.
(2) The applieation, when eompleted, shall be filed with the eity elerk, with a eopy to the oity
attorney.
(3) The hearing examiFler shall set a p1:1blio hearing date ';lith at least two weeks' Rotiee to the
registrant ta consider the awlioation for reinstatement or new applieation.
(1) The pOOlie hearing shall be advertised by the eity elerk in a ne'.Yspaper of general eireulation in
the city of Federal Way at least onee and at least five days prior to the public hearing.
(5) "^~t the public heariRg, the hearing eJ(aminer shall reeeive testiman-y frem the registrant, eity staff
aRd interested members of the publie.
(6) Upon oonclusiaR af the pub lie hearing the hearing examiner shall decide whether or Rat ta gt'am
appro'lal of the applieation.
(b) Standards for re\riew. In making its determination on an applieation f-or reinstatement or issuanee
of a registration privilege, the hearing examiner shall eaRsider all relevant faotors, whieh shall iRehlde:
(1) The amount of time which has elapsed sinee the re';oeatioR er aeRial aotion was taken; and .
(2) The degree of the registrant's oulpability, if aR-Y, the conduot leading to the re'rocatiaR ar demal,
and the eriminal nature ef the conduct, if applicable; and
(3) The effect on the oommunity afthe oonduct leading to the re'/oeation or denial of the registration
priyilege; and
(1) The steps taken by the registrant to reform him"herself or insure that if plaeed iR the same or
similar business oymershifl position, he/she would Rat revert to the prior conduet ,;,rhieh lead ta the
reyoeation or denial of his /her registratioR; and
(5) "^~y additional means by ,....hich the registrant eaR demonstrate to the hearing examiner that if
allowed a new registration, the prior Yffongful conduct would not reeur.
(Ord. No. 95 231, ~ 1,11 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 ofChaoter 22 FWCC, Zoning. witmn 30 days of the filing ofnotiee afthe appeal.
The city counoil may adopt, modify or reverse the decision ofthe hearing examiner. The deoision ofthe
city cOl:lfleil shall be [mal unless appealed by '...Tit of oertiori to the superior oourt within 10 days of the
oouncil deoision.
(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"'RC 12.05.2<10] Emergeaey saspeasioa.
In the event of oORduot or aotivities ',yhioh oreate aR eminent risk ef harm to publio health, safety or
welfare the registration of suoh business may be summarily suspende(Cupon notice to the registraRt;
provided, that the registraRt shall be entitled to a hearing before a hearing examiRer designated by the city
upon a v,Titten appeal being filed with the oity olerIc by the registrant within 10 days af the registration
suspensien. In the e'/ent of aR appeal by registrant, a hearing shall be pnwided within 10 days af Rotice ef
appeal. The pro'/isions of FWCC 9 45,9 16 and 9 17 shall apply to any appeal of the heariRg examiner
deoision. (Ord. No. 91 86, ~ 1(22),25 91; Ord. No. 95 231, ~ 1,11 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 peRalty. .'\ny perseR violating any of the terms of this article shall be guilty af a
misdemeanor and upon eon-viotieR thereof, be punished as proyided in FWCC 1 13.
(b) Ciyil penalty. In. additioo to any etAer peRalty pre'lided iR this sectieR er by law, an-y persan who
violates any provision of aHy business lieense ordinanee shall be subjeet ta a ci',ril penalty in aR amount
not to exeeed $250.00 per yiolation, to be direetly assessed by the eity elerk. The eity clerk, in a
reasonable marmer, may vary the amount of the penalty assessea to eORsider the appropriateness afthe
peRalty to the size of the business of the viEllator; the gravity of the violation; tee number of past and
present 'lielations oemmitted; and the geod faith of the violater in attemptiRg to aehieve eompliaRee after
notifieation of the violatian. fJI ei'.il penalties assessea ';,rill be eaforeed and eolleeted iR aeeordanee ','fith
the prooedure speeified under this artiole.
(Ord. No. 90 55, ~ 15,5 1 90; Ord. No. 95 211, ~ 1,8 15 95)
SECTION 31. Chapter 9, Article III, Section 9-74, of the Federal Way City Code is hereby
repealed as follows:
9 74 ;.....dditioBal eBforeemeBt.
Noty:ithstandiRg the eJ(istence or l:lse of aflY other remedy, the eity clerk may seek legal Elr equitaele
relief ta enj oin aflY aets or praotices whioh eeRstitute or ',vill eonstitute a violation of any pravisioR ef this
aFtiele-:
(Ord. Ne. 90 55, ~ 16,5 1 90; Ord. No. 95 211, ~ 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 86 LieeBse saspeBsioB or reVOeaflOB.
(a) The olerk may, at any time upon the reoommendation of the ehief of13olioe and as pro',rided belaY/,
suspend or revoke aflY license issued umter this ehapter:
(1) Vlhere suoh lioOflse was preeured by fraud or false represeFltatioR effaet; or
(2) For the violatioR of, or failure to eomply with, the provisions Elf this chapter or aflY other similar
loeal or state law by the lioensee or by aflY of its servants, agents or employees wheR the lieensee knew or
should have kRo'.vn of the violatioos oommitted by its servants, agents er employees; or
(3) For the eOfl',riotion of the lieeRsee of any orime ar offeRse iRvolving prostitution, premoting
prostitutioR, or transaotions involYing oontrolled sl:lbstanees (as that term is definea in Chapter
69.50 RCVl) oommitted OR the premises, or the oOR'/iotion of aflY of the lieensee's servants, ageRts or
employees of aR-Y erime or offeRse involving prostiMion, promoting prostitutioR, or transaetions
invoh'ing oontrolled substanees (as that term is defmed in Chapter 69.50 RC\V) eemmitted OR the
lieensed premises when the lie en see kRew or should have knovm of the vielations eommitted by its
servants, agents or employees.
(b) .^~ lioense prooured by fraud or misrepresentation shall be revoked. Vlhere other violations of this
ohapter or other applieable ordinanees, statutes or regulations are f-offiid, the lieense shall be suspended f-or
a period of 30 days l:lflOFl the fIrst sueh '.riolation, 90 days l:lfleR the seeeRd violation within a 21 month
period, and re'/oked for third and subsequent 'lielatieFls y;ithiR a 24 month period, not ineluding periods
of suspension.
(e) The clerk shall provide at least 10 days' prior written notiee to the lioensee of the decision to
suspend or revoke the lioense. Sueh notiee shall inform the lioensee of the right te appeal the deeisioR to
the hearing examiner or other designated hearing body and shall state the effeotive date ef ooeh re';eeation
or suspension and the grounds for re';oeatioFl or suspension.
(d) Notifieation shall be by personal serviee or registered or eertified mail, return reoeipt requested, of
the deoision. Notioe mailed te the address on file shall be deemed reeeiveB three days after mailing. The
notioe shall speeify the grounds f-or the suspension or re'looation. The suspension or revooation shall
beoome effeotive 10 days from the date the notiee is delivered or deemed reeeiveB unless the person
affeoted ther-eby files a \vritten request with the city elerk for a hearing before the heariRg examH:ier within
sHch 10 day period. The hearing eJtaminer or other hearing body shall render its deeisieB within 15 days
following the elose of the appeal heariRg. .^.n-y person aggrieved by the decisieR ef the heariBg eJ(amiRer
or other designated hearing bOGY shall have the right to appeal the decision to the Superior Court within
14 days ef the hearing examiner deeisieR, by ""Tit of oertiorari or mandaffil:ls as previded in FWCC 2..ill.
The deoision of the olerk shall be stayed during the pendeney of any administrative and judieial appeals
exoept as pro'.rided in sl:lbseetion (e) of this seetion.
(e) ')lhere the Federal V'fay buildiBg effieial, frre marshal or the KiRg Cel:lflty health department fInd
that any eondition exists l:lPOn the premises of an adult entertainment establishment whieh eonstitutes a
threat of immediate serious iRjury or damage to persons or property, said offioial may immediately
sl:lSflend any lioense issued under this ohapter pending a hearing in aeeordanee with sl:lbseetieR (e) efthis
seetion. The offioial shall issue notice setting forth the basis for the aetieR aRd the faets that eonstitute a
threat Elf immediate serious injury er damage to persons or property, and informiRg the lieeFlsee ef the
right to appeal the sl:lSfleRsien to the hearing examiRer er ether designated hearing body under the same
appeal previsions set forth in subseetiefl (0) of this seotion, pro'lided, howe./er, that a suspeRsieR based 0R
threat of itnHlediate serious injury or damage shall not be stayed during the peRdeney ef the appeal.
(Ord. Ne. 90 55, ~ 17V~), 5 1 90; Ord. No. 95 211, ~ 1,8 15 95)
SECTION 33. Chapter 9, Article III, Section 9-88, of the Federal Way City Code is hereby
repealed as follows:
9 88 Notiee of appeal.
}~y person falliRg under the pro':isions of this artie1e may appeal ITem any notice of suspension,
denial or re'loeation or oivil penalty assessment by filing with the city olerk within 10 days from the date
the notioe is delivered or deemed reoeived, a written appeal oontaining:
(1) .^~ heading in the '.!Iords: "Bef-ore the Hearing Examiner for the oity ofFederal'.Vay";
(2) <^~ oaption reading: "APfleal of _" giving the names of all appellants partioipating in the appeal;
(3) .^~ brief statement setting forth the legal interest ef each of the appellants partioipating in the
appeal;
(1) <^~ brief statement in ooneise language of the speeifio order er aetion protested, together with any
material faots olaimed to support the eontentions of the appellant;
(5) <^~ brief statement in ooneise language of the relief sought, and the reasons v:hy it is olaimed the
protested order or aotion should be reversed, modified, or otherwise set aside;
(6) The signatures of all parties nameB as appellants, and their offioial mailiRg addresses; and
(7) The yerifioation, by declaration under penalty of perjury, of at least one appellant as to the truth of
the matters stated in the appeal.
(Ord. No. 90 55, ~ 17(C),5 1 90; Ord. No. 95 211, ~ 1, 8 15 95)
SECTION 34. Chapter 9, Article III, Section 9-89, of the Federal Way City Code is hereby
repealed as follows:
9 89 Date, time, fJlaee for heariag.
.^~s soon as praetieable after reeeiving the ....Titten ap13eal, the HeanRg examiner shall fix a date, time,
and plaoe for the hearing of the appeal. Suoh date shall be not less than 10 days nor mere than 30 days
from the date the appeal .../as filed with the eity elerk, unless the parties agree to an extension of time.
WritteR Retioe of the time and plaee of tHe Hearing shall be given at least 10 days prior to the date of the
hearing te eaeh appellant by the heariRg examiner's offioe either by causing a eopy of sl:leh notioe to be
delivered to the appellant personally or by mailing a oopY thereof, postage prepaid, addressed to the
appellaR-t at his or her address SHOWR en tHe appeal.
(Ord. No. 90 55, ~ 17(D), 5 1 90; Ord. No. 95 211, ~ 1,8 1595)
SECTION 35. Chapter 9, Article III, Section 9-91, of the Federal Way City Code is hereby
repealed as follows:
9 91 Seope of matters eoasidered ia appeal.
Only those matters or issues speeifically raised by the appellant in the written notice of appeal shall
be eonsidered in the heariRg of the appeal.
(Ord. No. 90 55, ~ 17(F), 5 1 90; Ord. Ne. 95 211, ~ 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 any person to file an appeal in aeoordanoe with the provisions of this di'nsion shall
oonstitute a v/ai';er ef his or her right to an administrati'le heariRg and adjudioation of the notioe and
order, or any portion thereof.
(Ord. No. 90 55, ~ 17(G), 5 1 90; Ord. No. 95 211, ~ 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 Aetioa after heariag.
Upon oompletion of the hearing, the hearing examiner shall:
(1) l\ffirm the oity elerk's deeision; or
(2) Reverse or modify the eity elerk's decision.
(Ord. No. 90 55, ~ 17(1),5 1 90; Ord. No. 95 211, ~ 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 .AAppeal from keariag examiaer.
}~ appeal from a deeisiofl of the hearing examiner shall be to the eounty superior oeill1: and shall be
served and filed within 30 days of the deoision of the hearing examiRer. ffi the eVeRt the applieant or
license holder does not follow the prEleedures within the time periods set forth in this divisiElfl, the aetion
of the hearing examiner shall be final.
(Ord. No. 90 55, ~ 17(J), 5 1 90; Ord. Ne. 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 9(; Stay dariag appeal.
The deeision ef the elerk te suspeRd, re'/oke or refuse te reH:ew a lioeH:se uRder this artiele shan be
stayed during admiRistrative andjl:ldicial re.liew, but refasal to issue an initiallieense shall not be stayed.
(Ord. 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 the city clerk
pursUaRt to FWCC 2.JlQ(b) aRd ~. The annual fee for such a license shall be $50.00.
(Ord. No. 90-55, 9 4, 5-1-90; Ord. No. 95-241, 9 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 LieeBse applications.
(a) l\dult entertairrment establishment lioense.
(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 signed by sueh persen or his
or her agent and notarized or eertified as true under penalty efperjury. All applications shall be sabmitted
on a form supplied by the eity, y:hioh shall require include the following information and documents:
(a} The name Elf the applioant, 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, the provide: 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} Iftype 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.
fd}~ For the applicant and each applicant control person, list any other current or prior licenses
currently 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.
e. For the applieant and eaoh applieant oontrol person, list prior lieenses held for similar adult
entertainment 0r other sexually orieflted businesses, whether from the oity or frem anether eity, eounty, or
state, previding Rames, addresses and dates of operation for suoh businesses, aRd y/hether any business
lieeRse or ad1:llt eRtertainmeRt lieense has been reveked or suspended, and the reason therefor.
ftlh 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.
ill~ 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.
fg}& .^.uthorization Written authorization for the city, its agents and employees to seek obtain any
information needed to confirm any statements or information set forth in the application.
~ 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.
fi)j-; For the applicant or each applicant control person, a complete set of fingerprints prepared at
the King County department of public safety or on forms prescribed by the department.
ill~ 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, ana marked dimensions of the interior of the premises.>-. Perfermanee performance areas,
seating areas, manager's office and stations, restrooms and service areas shall be olearly marked en the
drawing. An aflplieatioR for a lieeRse for aR adult entertainment establishmeRt shall incl1:lde b1:lilding fllans
'.vhich demoRstrate oenformanee with this artiole.
fk}h The applieation tmlst demenstrate 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. An applieation shall be deemed cemplete upon the appliea-nt's
prevision of all inf.ormation requested abo'/e, including identifieation of "none" y;here that is the eorrect
respORse, and the aflplieant's verifioation that the applieation is eemplete. The elerk may request other
information er olarifieation in additien te that pro'.rided in a eomplete apfllieation 'lIhere neeessary to
determine oomplianee with this ohapter.
(3) .^~ nonrefundable applieation fee must be paid at the time of filing an applioatioR in order to defray the
costs of proeessing the applioation.
(1) Eaeh applicant shall verify, URder penalty ef perjury that the informatien eontained iR the application
is-tme-:
(5) If aRY person or eRtity aequires, subsequent te the issuaRee of an adult eRtertainment establishment
lioense, a signifieant interest based on responsibility for management or operation of the lioensed
premises or the lieensed business, notioe of such aoquisition shall be prO'lided iR '.vritiRg to the eity elerk,
no later than 21 days follewing such aoquisition. The notiee to the clerk shall iRolude the same
information required for an iRitial adult entertaiRment establishment lioense applieation.
(6) The adult entertainment establishment lieeRse, if granted, shall state en its faoe the name of the person
or persons to whom it is issued, the expiration date, the doing business as name and the address efthe
lieensed establishment. The lioense shall be posted in a oonspicuous fllaee at or near the entraRee to the
adult entertainmeRt establishmeRt so that it oan be easily read at any time the business is open.
, nt establishment lioense p\:lfsuant to this ohapter shall operate
(7) No person granted an adult entertam~e d h r Ber shall aB:Y person operate the
the establishment under a name not speClfie on t ~ toense,
1 ' t esi:liea en the hoense. r :li aHa
establishment at any ooatlOn no SP" d fee the olerk shall proyide eOJ3ies to the p~ toe, re
(8) Upon reoeipt of the oomplete appheatlOn ~n, '. f d re'ci.e'" to determine eomphanoe of the
t; th f ffi"estIga iOn an ,..
eommunity de';elopmeBt departme~ts or el " '''S and re ulations 'Nrnoh eaoh department. .
proposed adult entertainment estabh~~~t;~'I~: ~:~~~he date ofsuoh applioatioR, inspeot t~e apJ3hcatl?n
administers. Eaeh department s~~l, .. It ffi rt to the olerk whether such apfllication and preffilses complies
and premises and shall make a ,rotten repe 1'4 I' may be issued unless eaeh departmeFlt reports
. 't a 13 ' eash ae13artment 0 loense , , t. t
\\rith the laws admml5 ere) , .h I" t I '''S lR the event the premises 15 no ) e
' 131y TT'lth t ere e.an a.. . h ' , '"
that the applioation and premIses oom.. d f on as to premises eomplianee on t elr re'ne..
eonstruoted, the dePar:tme~s shall ba~e t~eir r:~o~l~ e~;ertainmeRt establishment lioense appr~ved
of the drawings submItted m t~e applleatlOn. ~ ~ ) d" th t the premises may be open f-or bl:lSlness,
prior te the J3remises oonstru~tion shall eORtam ~:~~t:~~e i: sl:lbstantial eenformaRee 'lIi~h the dra~;m~s
until the premises have been Inspeeted and dete I d denial of a lioense under tms subseetlOn If
' , ^ a aflmeat shal reeemmen " t
submitted "'ith the appheatlen. . ~ ep . t' eonformaRee TT'lth the reqUiremen s
.. . t t 13lishment IS no m .. .
it finds that the proposed adult entertammen, es a d f for denial shall cite the speelfie reason
' tli 'th l~' ^ fesommen a lOR
of this ehapter or other law lR e eet l:n e c . . ~
therefor, including applieasle la~lIs. , shall be issl:led by the elerk withiR 30 days of the ,date of
(9) ^ adult entertainment estabhshmeFlt heense h lid termiRes that the applieant has failed to
. ~ .' a t; \:ffiless tee er ( e "
filiRg a eomplete lioense applieati~R an ee, ,,'de an . infermatioR~ required l:lRder this subse~tlO~ or
meet any ef the requirements of tms O?apt~ er pro fl.l d I' t tatement of material faet OR the appheatlon
a ti 1 sleadmg er au l:l eR S 13 ' l' f
that the aJ3fllieant has ma e a a ~e, rm ,>. "'ithin fi"e werkiRg days ef applioatieR S\:l m~tta ,I
for a lioense. The olerk shall notify the apphoaBtI:. t' . \:lest for a reasenable eJ(tension of tIme m
application is inoom~lete, an~ shall ~aBt an app l:nle:er~~eRse applioatioR. If the olerk fiRds th~t the
"'hioh to pre'/ide all mf-ormation reqUired f-<:>r a eo 13j:i' of aR aoolt entertainment establishment
.. , t. f the req\:l-lfements er lSSl:laflOe h t;
applioant has faded to mee an-) e . , 'TT" ad shall oite the speoific reasons t ere or, ,
lioense, the clerk shall dORY the apphca~on 1~ ,roti~gd:n . the lioeRse within 30 days of the ~ate of~~~ng
ineluding applioable law. If the olerk fads t~ 15sue ~ 11 b) ffilittcd subjeet te all other appheable la.., to
of an complete applieation and fee, ~he appheant s ~ cJ:e otific~iOR by the elerk that the lieeRse ,~s
op~ate the business for 'Nhieh the hcense was SO;gh l:lfl li:ation revie'N time for more than an additional
b d' d but in no e"ent may the elerk exten t e app
een eflle , ,
20 days. , reense ,
(b) Application for maRager or entertamer 1. ssistant maRager or entertamment at an
(1) Reql:lired information. No pers~ shall '.Yor~ at a ~:a~~:t manager or entertainer lieense from the
13r fl at "'ltheHt an aut en e am r t a
adult entertainment esta 15 lffie .. ., I' hall be signed by the app loaR aR
' , f effieftamer s leense s 't;
eity. .^JI applioatlOns for a manager so f',. ^ 11 applioations shall be submItted OR a orm
notarized or oertified to be true under ,per~alty 0 pefJ Ul). :,:' n information: ,
supplied by the oity, whieh shall reqUire mclude th~~~~o~~~fer, date aRd place efbirth, fingert:'rmts
a. The applioant's name, hem~ address, home tel~l S rity number, and afl:)' stage names or meknames
taken by the Federal 'Nay polloe department, Soma eem
used in entertaining. 'h' h th lieant intefl:ds to '.York.
b The name and address of eaeh bustlless at Yl 10 e a~ 18 ' fS ^ flY ty'O ef the following shall be
. , h tt' a the age 0 ) ea .. ~ ..
o. Dooumentation that the applleant as a al:ne
aeeepted as dooumentation?f ~ge: , db' n' state bearing the applieant's photograph and date of
1. A motor vehicle operator s heense Issue ) a ;
bfftlr.. I' 'h t gFGflh and date of birth;
2 ^ ~tate issued identifieation eard bearing the app lOant S? 0 0
. .^~ '1 ss ort issued by the United States of .^~menoa.
~. ".~ :;::0:...-.1 iGSllOa hy!he \JRited Sin!.' Ofb^....".;O';;..";".
5: ~y other identifioation that the oity determmes to e aeeep .
d. .^~ oomplete statement of all con,..iotions of the applioant for any misdemeanor or f-eleny violatioRs in
this or imy other city, oounty, or state witmR fi'/e years immediately preceding the date ofthe application,
exoept parking 'liolations er minor traffio iRfFactions.
e.}~ deseription of the applieant's principal aotiyities or servioes to be reRdered.
f. T'.Ye twe ineh by two inch photographs of an applicaRt, taken v/ithiR six months of the date of
applicatieR showing only the full faee.
g. .f.uthorization for the eity, its agents and employees te investigate and confirm any statements set ferth
in the application.
(2) The clerk may request additional information or olarifioatiofl wlieR necessary te determine cemplianoe
.....ith this chapter.
(3) f~ manager's or an efltertainer's license shall be isooed by the clerk \\rithin 11 days from the date the
complete application and fee are received unless the olerk determines that the applieant has failed to
pro'lide any iRf-ormatieR required to be sl:lflplied aeeording te this ehapter, has made any false, misleading
or fral:1dulent statement of material faot iR the applieatioR, or has failed te meet any of the requiremeFlts
for issuance of a lioeRse under this ohapter. If the elerk determiRes that the applieant has failed te ql:lalify
for the lieense applied for, the olerk shall deRY the applieation in writiRg aRd shall cite the speeific reaseRS
therefor, iReluding applioable la'.vs.
(1) EYef)' adult eRtertainef shall pre'lide his or her license to the adult entertainment estal3lishment
manager on duty on the flrem4ses flrior to his or her perfermance. The manager shall retaiR the liceflses ef
the aoolt entertainers readily a'lailal3le for iRspection by the city at imy time during business hours of the
adult entertainment establishment.
(e) Temperary entertainer or maRager lieense. .fJ} applicant for an adult entertaiRer's lieense or manager's
license shall be issued a temporary lieense l:lfleR receipt of a eomplete liceRse awlioation ana fee. Said
temporary lioense will automatically expire OR the fourteeBth day f-ollewiRg the filing of the complete
applieation aRd fee, unless the elerk has failed to approve or deRY the license applieatiefl in whieh ease
the temporary lioense shall be valid ootil the elerIc approves er denies the applieatieR, er ootil the final
determinatioR of any appeal from a denial ef the applieation. In no eyeRt may the clerk eJ(tend the
applieation re'liew time for more than aR aaditional20 days.
(Ord. No. 90-55, S 7(A), (B)(1) - (3),5-1-90; Ord. No. 92-129, S 1,3-17-92; Ord. No. 95-241, S 1,8-15-
95; Ord. No. 97-290, S 1,3-4-97; Ord. No. 97-298, S 1,8-5-97)
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 Manaeer 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.
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 shalt 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 finds 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 rchapterl 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 ofthe 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 Display 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.
SECTION 45. Chapter 9, Article V, Section 9-207, of the Federal Way City Code is hereby
repealed as follows:
9 207 [FWRC 12.15.020]Crimiaal peaalty.
(a) Prehibited aets Gross misdemeanor. R-CW 19.60.066, ineh:lding all :fuMe amendmeRts, additioFls er
deletions is adopted by referenee.
(b) Every pa'....nbreker or secondhand dealer and every elerk, agent or employee of sl:laR pawnbrek-er or
seeoRdhand dealer, who oommits the following aots is guilty ef a misdemeanor, and l:lpOR eonvietioR
thereof, shall be fJunished as pre':ided iR F'NCC 1 13:
(1) Falsifies, esliterates, destreys or removes from his er her plaee of business Sl:loh book or record;
(2) Refuses te allow a represeRtati'.'e efthe law enforClement a\:lthority for the city to inspeet the same, er
any goods in his er her pessessieR, duriRg the ordinary hours ofbl:lsiness;
(3) Reports any material falsely te the law enforaement authority for the eity;
( 1) Fails before elese of b\:lsiRess 0R the first day ef the week to fl:lffiish the law enforeefl'lent autherity for
the aity with a full, true aRd OOITeet transeript of the reeord of all transaetions had OOriRg the past business
weele
,
(5) Pails to report forth'.vith to the law enforoement authority for the eity that possessien of any preperty
v:hieh he or she may have good aa\:lse to eelie'/e has been lost or stoleR, together with the name efthe
oymer, ifkno'Nn, and the date ',vhen reeeived, and the name of the persoR frem Y/hom the sa-me was
recei'.<ed;
(6) Remeves or allo',ys to be removed from his or her plaoe ofbl:lsiness exeept upon redemptioR by the
oVlfler thereof, any property reeeived withiR five years after reoeipt thereof has beeR reported te the law
enforeement authority for the eity;
(7) Reeei'/es any property from any person whieh he or she has geed oause to believe is lost er stolen;
(8) Refuses to return property whiah has been identified as stolen or J3aymed withoHt aut:horizatieR, to any
perSOR the paymbroker, a elerk or employee mows to be the rightful owner, or to eharge a fee for the
return of sueh profJerty to the rightful o'.vner;
(9) Violates a-RY pro'lision of artiele by an act of either omission or eemmission.
(Ord. No. 90 57, ~ 15(A), 5 1 90; Ord. No. 03 410, ~ 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 peawty.
In addition to any other penalty previded iR this artiole or by la'.v, any persON who '/iolates aR-Y
prevision of a-ny business lieense ordinanee shall be subjeet to a oivil penalty in an ameunt not te exceed
$250.00 per violation, to be direotly assessed by the oity olerk. The oity elerk, in a reasonable maRner,
may vary the amount of the penalty assessed to Clonsider the appropriateness of the penalty to the size ef
the business of the violator; the gravity of the violation; the number of past and present violations
committed; and the good faith of the violator in attempting to achie'le compliance after notifioation of the
violation. .^JI oivil penalties assessed will be enforoed and oollected in aooordanoe v/ith the proeedl:H'es
speoified in F'NCC 9221 through. 9230. (Ord. No. 90 57, ~ 15(B), 5 1 90)
SECTION 47. Chapter 9, Article V, Section 9-221, of the Federal Way City Code is hereby
repealed as follows:
9 221 Notifieatioa of saspeasioR, revoeatioR, deaial or ehil peaaIty.
When the city olerk determines that there is causc for denying, suspending er revoking an-y lioense
issued pursuant to this artiole, or assessing a oivil penalty, the oity olerk shall netify the persoR helding
suoh lioense by personal scrvioe or registered or certified mail, return rcoeipt re<.J:Hested, of the dceision.
Notiee mailed to the address on file shall be deemed received three days after mai1iRg. The notice shall
speoify the grounds for the deRial, suspension, revocation or penalty assessmeRt. The civil peRalty shall
be due and the denial, suspension or revooatioR shall beoome effeetive 10 days from the date the notice is
delivered or deemed reoeived l:lflless the person affeoted thereby files a y,Titten re<.J:Hest with the city elerk
for a hearing before the hearing examiner withiR sueh 10 day peried.
(Ord. No. 90 57, ~ 1(.^~), 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 :'..athority of heariag enllliaer.
The eit)' hearing eJlamiRer is designated to hear appeals by parties aggrie'led by actions of the eity
clerk in suspending, re'loking or deRyiRg a lieense or assessing a civil peRalty pursuant to this artiole. The
hearing eJlaminer may adopt reasonable rules or regulations fer oonduoting its business. Copies of suoh
rules and regulations shall be deli'lered te the city olerk who shall make them freely acoessible to the
pablie. .^Jl deeisions and findings of the hearing e1(amln.er shall be reRdered te the appellant iR writing
with a copy to the oity clerk.
(Ord. No. 90 57, ~ 1(E), 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 Notiee of appeal.
.^~y person falling under the provisions of this article may appeal from any netice of suspension,
denial or reyooation or civil penalty assessmeRt by filing with the eity clerk within 10 days trem the date
the Rotioe is deliyered or deemed reoei'led, a written appeal oontaining:
(1) .^~ heading in the words: "Before the Hearing Examiner for the oity of Federal 'Nay";
(2) .^~ oaption reading: ''.^~ppeal of _" gi':ing the names of all appellants partioipating in the appeal;
(3) .^~ brief statement setting forth the legal interest of eaoh of the appellants partioipating in the
appeal;
(1) .\. brief statement in ooncise language of the specifio order or aotion pretested, together with any
material faots claimed to support the oontentions of the appellant;
(5) f~ brief statement in eeFleise laRguage of the relief seaght, and the reasons why it is claimed the
protested order or action should be reyersed, modified, or otherwise set aside;
(6) The signatures of all parties named as appellants, and their official mailiRg addresses; and
(7) The yerifioation, by deelaration under penalty of perjury, of at least one appellant as te the truth of
the matters stated in the appeal.
(Ord. No. 90 57, ~ 1(e), 5 1 90)
SECTION 50. Chapter 9, Article V, Section 9-224, of the Federal Way City Code is hereby
repealed as follows:
9 22<1 Date, time, plaee fer heariag.
.^~s soon as praetioable after reeei'ling the '.'{fitten appeal, the heariFlg exami:fl:er shall fix a date, time
and place for the hearing of the appeal. Such date shall be net less than 10 days nor mere than 60 days
from the date the appeal was filed y;ith the city olerk. WritteR notice of the time and place of the hearing
shall be given at least 10 days prior to the date of the hearing to eaoh appellant by the hearing examiner's
offioe either by oausing a copy of suoh notice to be deli'/ered to the appellant personally or by mailing a
copy thereof, postage prepaid, addressed te the appellaRt at the address she';.n eR the appeal.
(Ord. No. 90 57, ~ 1(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 of appellaat.
"^~t the hearing the apflellant shall be emitted to appear in pefSOR and be represeRted by eel:lflsel and
offer such e'lidenoe pertinent and material to the aotioR of the oity clerk.
(Ord. No. 90 57, ~ 1(E), 5 1 9Q)
SECTION 52. Chapter 9, Article V, Section 9-226, of the Federal Way City Code is hereby
repealed as follows:
9 226 Seope of matters eoasidered ia appeal.
Only those matters or issues specifioally raised by the appellaIlt in the vmtten notiee of appeal shall
be ceFlsidered in the hearing of the appeal.
(Ord. No. 90 57, ~ 1(F), 5 1 90)
SECTION 53. Chapter 9, Article V, Section 9-227, of the Federal Way City Code is hereby
repealed as follows:
9227 Waiver of right to appeal.
Fail1:1re of any pefSoR to file an appeal in acoordanee with the pro\risieRs of this di';isioR shall
constitute a 'Naiyer of his or her right to an administrative hearing and adjudieation of the notiee and
order, or any portion thereof.
(Ord. No. 90 57, ~ 1(G), 5 1 90)
SECTION 54. Chapter 9, Article V, Section 9-228, of the Federal Way City Code is hereby
repealed as follows:
9 228 Stay of eaforeemeRt.
ERforoement of any Rotioe and order of the oity olerk shall be stayed dl:1ring the pendeRey of an
appeal therefrom '.vrnch is properly and timely filed. (
Ord. No. 90 57, ~ 1(H), 5 1 90)
SECTION 55. Chapter 9, Article V, Section 9-229, of the Federal Way City Code is hereby
repealed as follows:
9 229 f.etioa after heariBg.
Upon completion of the hearing, the hearing examiner shall:
(1) .^~eeept the reeommendation as presented;
(2) Deny the reoommended aetion; or
(3) Modify the reoommended aetioo. (Ord. No. 90 57, ~ 1(1),5 1 90)
SECTION 56. Chapter 9, Article V, Section 9-230, of the Federal Way City Code is hereby
repealed as follows:
9 230 :'.ppeal from heariag eJliamiBer.
An appeal from a deeision of the hearing examiner shall be to the eo\:mty Sl:lperior court and shall be
served and filed within 30 days of the deeision of the hearing examiner. In the eveBt the applieant or
heense holder does not f-olloYI the procedures within the time periods set forth in this di'lision, the aetion
of the hearing examinef shall be final.
(Ord. Ne. 90 57, ~ 1(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 ae
filed with the eity elerk on forms furnished for SHoh purpose, iH'id shall be aceompanied by the required
fee.(b) 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 financial, proprietary Of other
interest in such pawnshop or secondhand shop, and a list of any criminal convictions for such persons
during the past 10 years, together Y(ith sueh other information as the oity elerlc deems appropriate.
(Ord. No. 90-57, g 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 2H CrouBds for deRial.
The oity olerk shall deny the applieant the heense if:
(1) .'\s a result of the in-'/estigation, the charaeter and business responsibility of the applicant are f-ound to
be unsatisfaetory;
(2) The applioant has eommitted any act eonsisting of fraud or misrepresentation;
(3) The applieant has oommitted any aet ',yhieh, if oommitted by a lieensee, Y/etlld be grounds for
suspension or re'/oeation of a lioense;
(4) The 1lliLapplioant has, within tHe previous 10 years, been oonyieted of a misdem.eaRor or f-e!ony
direetly relating to the oeeupation ef pawnbroker or seeondhand dealer, inoludiFlg, but not limited to,
those misdemeanors and :felonies im'ohring theft, possession of stolen property, moral turpitude, fraud Of
misrepresentation;
(5) The applicant has been refused a lioense under the provisions of this article; provided, hovrever, that
any applicant denied a license under the proyisions of this artiele may reapply if and when the reasons for
deRial no longer exist; or
(6) The applioant has made any false or misleading statemeRt in the application.
(Ord. No. 90 57, ~ 3(C), 5 1 90)
SECTION 59. Chapter 9, Article V, Section 9-245 of the Federal Way City Code is hereby
repealed as follows:
9 2<15 Fees.
The annual fee for a pa'l,'nbroker's license or a secondhand dealer's license shall be on file iR the oity
olerk's effiee. (Ord. Ne. 90 57, ~ 5(.\),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 Crouads for revoeatioa.
Licenses issued p\:lfsuant to this di';ision may be revoked by the oity elerk after notiee afl:d hearing for any
of the follewing causes:
(1) Fraud, misrepresentation or false statemeRt contained in the applicatioR f-or license;
(2) Fraud, misrepresentation or false statement made in the oourse of carrying OR the busiRess as
pavmbroker or seeondhand dealer;
(3)"\ ';iolation oftms artiole; or
( 1) Convietien after submission of the application for a paymbreker's or secondhafl:d dealer's liceRse of a
felony or misdemeanor directly relating to the occupation ofpa\\'nbroker or seoeFldhand dealer, ineluding,
but not limited to, those misdemeanors and felonies involving theft, possessioo of stolen property, moral
turpitude, frlffid er misrepreseRtation. (Ord. Ne. 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 Violatioa Peaftlty.
Any person yiolating or failing te comply with any of the provisions of this artiele is guilty of a
misdemeanor and upon OOfl-viotion thereof shall be punished by a fme in an-y sum not to e](eeed $250.00
or by imprisenment f-or a period not to exoeed 90 days.
(Ord. No. 90 28, ~ 1(6.21.310),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 Ci';iI peaal!)'.
In addition to or as an alternative to any other penalty provided in this artiele or by law any person
who ':iolates any provision of this article shall be subjeet to a civil penalty in an ammmt not to exceed
$250.00 per violation to be directly assessed by the lioensiRg authority. The licensing autherity, in a
reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the
penalty to the size of the business of the violator; the gravity of the '/ielatiol'l:; the Rl:lHlber of past and
present yiolatioRs committed aRd the good faith of the ';iolator iR attempting to aohieve eomplianoe after
notifieation of the violation. }JI eiyil penalties assessed will be enfcreed and colleeted in aecordaRce with
the prooedur.e speeified under this article.
(Ord. No. 90 28, ~ 1(6.21.320),2 13 90)
SECTION 63. Chapter 9, Article VI, Section 9-295, of the Federal Way City Code is hereby
repealed as follows:
9 295 l\dditioaal eaforeemeBt.
Notwithstanding the existenee or use ef any other remedy, the lieensiRg authority may seek legal or
equitable relief to enjoin any aots or praetiees y:meh eonstitute or'1Iill oenstitute a vielation efthis artiele.
(Ord. No. 90 28, ~ 1(6.21.330),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 name and busiRess address ef the awlieant;
(2) Name l::lRaer whieh the applieant intOflds to do bl:lsiness;
(3) .^~ statement as te the general nature efthe business iR whieh the applicant intends te engage;
(4t Whether or not a firearm 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;
(eJ) The full name and residence address of each of its officers, partners, and directors, if the
applicant is an entity other than an individual;
(+4) Three recent photographs of the applicant, of a type to be prescribed by the licensing authority;
(&~) A classifiable set of fingerprints;
(9Q) A statement of experience qualifications;
(WZ) Employment history for five years preceding the date of the application; and
(-l-l-~) A list of arrests, convictions or confinements~
(12) L^.ny other infermation, e'.'idenoe, statements, or dool::lments as may be required by the lieensing
authority.
(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 lieeRses under the proyisions of this division are on file in the oity elerk's offioe. (Ord. No. 90
28, ~ 1((5.21.080), 2 13 90)
SECTION 66. Chapter 9, Article VI, Section 9-313, of the Federal Way City Code is hereby
repealed as follows:
9313 CrouBds for deBial.
The lieensing authority may deny a lieeRse if the apfllioant, if an indiyidual, has, or if the applioant is a
person other than aR iFldiyidual, that any ef its offieers, direetors, or partners ha'/e:
(1) Committed aR-Y ast cORstituting fraud;
(2) Committed any ast, whioh, if committed by a licensee, v/ould be a ground for the suspension Of"
revooation of a lieense under the pro'/isions ef this artiole;
(3) Committed any aot resulting in oomietien of a felony or a crime involviRg moral turpitude;
(1) A record, based upon reliable e\rideRoe, v/hich leads to the reasonable ooncll:lsion that the applisaRt is
not competent to perform the duties and fulfill the responsibilities ef a lieeRsee under the pro'/isiens of
this artiole;
(5) BeeR refused a lioense under the previsions of this artiele or had a lieense reyeked; pro'.ided,
hO\vever, that any applieant denied a license lffider the pro'/isions of this artiele may reapply after six
months if the basis for sueh denial RO 10Rger exists;
(6) Been an offioer, director or pa:rmer who knowingly partisipated or acquiessed iR the acts or eenduct of
any persoR, as defined by this article, for whieh that person was refused a liceRse, or '.':hose license was
revoked under the provisions oftms division;
(7) '.vaile l:llllioeRsed, eOrnffiitted or aided and abetted the ool'l'lfRission of any act for whieh a lieense is
required Uflder tae previsioRs of tais artiele;
(8) Failed te suoeessfully cemplete the firearms test spesified iR FWCC .2..]12;
(9) Made any false statemeRts in the application; or
(10) Failed to somply with the requiremeRts ofFWCC.2..J2Q and.<Lill. (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.
fat 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 lieensiRg al:lthority shall deny the application for a license if the applicaBt fails te satisfy the
surety bORd or iRsuranoe requirements.
(e) The liceRsing authority may refuse to reiRstate a lieeFlse netwithstaRding the liceRsee's sempliance
wita this seetien, if, during the suspensioR, the lieensing authority finds:
(1) f~y reason ....woh 'Nouldjustify refusal to issue or justifies a suspensioR or rev{)satioR ef a license; or
(2) Performanoe by an applioant of any praetioe, '.':hile l:lflder suspension for faihlfe te keep his or her
surety bond or insuranoe in force, for which a liceFlse under the proyisioRs 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:
9319 Traasferability.
A lieense iss\:led lmder the provisions of tms division shall apply to a single lecation enly and shall Rot be
transferable to ether looations or te any other pefSOR other than that desigeated on the liceRse; previded,
hOY/e'ler, that, iR the e'lent ef death ef the indhidual, partner or officer who sa-tisfied the reql:liremeBts of
F'HCC ~LJQ~{a), the s1:lfViving spouse, partner or offioer may operatel:lflder the existing lioense for a
period net to exeeed 90 days; fl:lfther proyided, hO';/ever, that, at the end of this 90 day }'>eriod, the
surviving spouse, pa:rmer or offioer shall satisfy the requirements efF'),TCC ~(a). (Ord. No. 90 28, ~
1(6.21.110),2 13 90)
SECTION 69. Chapter 9, Article VI, Section 9-321, of the Federal Way City Code shall be
amended to read as follows:
9-321 Unfair or deceptive acts Revoeatioa or suspeasioa CrouBds.
( a) The licensiRg authority may suspend er revoke a lieense issued under the previsions ef this division if
it is detert'lTined that the lioensee, if aR individual, has, or if the lioensee is a person ether thaR an
indiyidual, that any of its offioers, direotors, or partners have:
(1) Made any false statement or given any false information il'l connection ','lith an applieation for a
license or a rene','lal or reinstatement of a lioense;
(2) Violated any of the provisions of this article;
(3) Been oonvieted of a felo:&y or any orime in'/olving moral tlMpitude;
(4) Illegally used, earned or possessed a daRgerous ','/eapon;
(5) Vielated any rule ef the lioensing 8:1:lthority adopted pursuant to his or her autherity contaiRed in this
artiele;
(6) CoIlllIlitted or permitted aR-Y employee te coIlllIlit aR-Y aot, while the lieense '.vas e](pired, whieh 'llould
be eause for the suspension or revocation ef a license, er grounds for the deRial ef aR apfllieation f-er a
liceRse;
(7) Knowingly ':iolated, or advised, encouraged or assisted the violatioR of, any eourt order or injl:lflction
in the course of business as a lieeRsee;
(8) Acted as a runner ef" capper f-or any attorney; or
(9) CoIllRl:i.tted any aot '.vhich is a ground f-or denial ef an applieation fer license Uflder the pro'/isiens of
this di':ision.
(b) The lieeRsing authority may suspend or revoke a lieeRse issl:led under the previsions ef this division if
it is determiRed tliat the liceRsee, if an indi'14ck1a1, has, er if the lieensee is a perseR other than an
indi'/idual, that any of its efficers, directors or partners ha'/e knewingly employed, or kRewingly has in
their employmeBt any person v/ho:
(1) Has ooIIlR'litted any act, which, if ooIIlR'litted by a lieeRsee, ';/euld be grounds for suspension or
revocatioR ef a lieense under the provisions ef this article;
(2) Has been oo:&':ioted of a felon-y or any orime involying moral tuFpitude;
(3) Has a record, based upon reliable eyidence, 'lIhich leads to the reasonable conell:lsion tBat the applieant
is not competent te perform the duties and fulfill the respoRsibilities ef a registrant l:lflder the provisioFls of
this artiele;
(4) Does not possess a valid registration card issued under the pre'lisions of FWCC 2.J.JQ et seq.
(0) The lioensing authority may suspend or reyoke a lieense issued under the proyisioRS of this di'.isioR if
he er she determiRes that the The licensee, if aR individual, has, or any of the officers, directors, partners,
or employees if of the licensee is a person other than an indi'lidual, ha'le oommitted or used 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 ofthe services provided by the
licensee, or the cost to members ofthe 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
(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, S 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 Revoeatioa or sospeBsioa Effeetive date.
(a) 8uspensien or reyooation of a lieense issued under the pro'lisions efthis division shall take effeet only
after the expiration of the period in whieh an appeal thereof may be filed.
(b) In eases of suspeRsion, the lieense er registratieR shall be reinstated HpOR eompliance with tfle 'Rolated
pro'.4sion ef this artiole or until the period ef suspensioR fixed by the lieensing 8:l:1thority has expired.
(e) In eases ofrevoeation, tfle lieeFlse erregistratioR shall be eanoeUed; pro'lided, howe'ler, sueh
revoeation f-er '1iolation ef any of the provisieHs of tms article shall not relieve the lieeRsee or registrant of
the peFlalties otherwise pre\rided for iR this article.
(Ord. No. 90 28, ~ 1(6.24.100(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:
9341 Deaia., sospeasioa or revoeatioa.
The lieensing authority may refuse te register any empleyee or may suspeRd or re'l'ok-e a pre'Reus
registratien, if the indi'/idual has ceFl'lfl'1itted aR-Y act whieh, if eommitted by a lieeRsee, wel:lld be a gt'ound
for refusing to issue a lieense, or fer the suspeRsion er revoeation of a lieense llflder the previsions ef this
~
(Ord. Ne. 90 28, ~ 1(6.21.260),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 registratien fee f-er employees of a lioeRsee is on file in the eity elerlc's offiee. (Ord. Ne. 90 28, ~
1(6.21.290),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 Peaalty fer violatioa.
(a) .^~y person and the offieers, direotors, managing agents, or partners of any eorporation, firm,
partnership or other organizatien or business violating or failing to eOffil3ly with any of the provisions of
this artiele shall be guilty of a gross misdemeanor.
(b) In addition te any penalties pro'/ided in tms seotien, any eondition caused or permitted to exist in
violatioR of aR-Y of the pro'/isioRs of this artiele is a publie Ruisanee and all remedies given by la'N f-or tae
preventien and abatement of nuisanees shall apply thereto. Further, eaeh day that such 6ondition or
violation oontinues shall be regarded as a new and separate offense and shall be pl:1flished aeeordingly.
(Ord. No. 90 62, ~ 8,6 19 90; Ord. Ne. 91 110, ~ 8, 11 5 91; Ord. No. 02 429, ~ 15, 11 19 02)
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 business license shall be issued or reneY/ed exoept upon written applicatioR made to
the oity olerk. Such applieation shall be sigaed by the flerson who intends to eORooet, operate or engage in
the temporary business for y:hioh the lieense is to be issued, and shall state the Rature and address or
addresses of the temporary business or basinesses, or proposed temperary bl:lsiness or businesses, 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, and suoh other inf-ormation as may be required by the
eit)' clerk.
(b) If the applioant is a partnership, the applioation must be made and sigaed by ooe of the parmers. If
the applicant is a eorporation, the applioation must he signed hy one ef the effieers thereof. If the
applieant is a foreiga eorporatieR, partRership or nonresident indi'Rdual, the applieatieFl must be signed by
the resideRt agent or leeal manager of the eorperation, partRership er individual.
(0) Upoo receipt of a eompleted applioation, the ~oity elerk shall forward eempleted applieations
the same to the oity manager for revie'N. The city clerk manager, 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 Fllanager shall authorize the city clerk tEl 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 of an applieation for a lieense, nor the payment of an-y applieation fee, shall
authorize a perSOR to engage in or eonduct a temporary business until such lioense has BeeR granted.
(Ord. No. 90-62, S 3, 6-19-90; Ord. No. 91-110, S 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 <105 Fees.
L^~ nonrefundable applioation fee iR the amouBt ef $25.00 shall aeeempany eaeh applieatieR. (Ord. No. 90
62, ~ 3(A), 6 19 90; Ord. No. 91 110, ~ 3, 11 5 91)
SECTION 76. Chapter 9, Article VII, Section 9-407, of the Federal Way City Code is hereby
repealed as follows:
9 107 Revoeatioa or sospeasioa.
The oity maRager may, at any time, saspend or re'/oke any lioense issued ander the provisions of this
di'/ision whenever the lieensee, or any offieer, employee or parmer thereof:
(1) Has violated any federal, state or eity statute, lavl, regulation or erdinaRoe upoo the basi-ness
premises stated in the lioense er in oOIHleetion with the business stated iR the lieense, whether er not the
lioensee, or offioer or partner thereof, has been eonvieted iR any oourt of oompeteRt jurisd-ietion of suoh
violation;
(2) Is Elf' has eonduoted, engaged iFl or operated the temporary business stated in the lioeRse upon
premises whioh do not cenform to the ordinances of the oity;
(3) Has maiRtained or permitted the temporary business stated in the license te be eeFldueted, eRgaged
in or operated in sueh a manner as to constitute a publie nuisanee; or
(1) Has made any material false statement or representation in eonneotion with obtaining the lioense.
(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 <108 .\ppeal.
(a) 'Nhenever the city manager determines that there is CiIDse for suspending, denying or revoking any
lioense issued pursuant to this division, the city elerk shall notify the person holding the liceRse by
registered or eertified mail, return receipt reQl:lested, of the determination. Notiee mailed te the address on
the lioense shall be deemed reoei'led thrce days after mailing. The notiee shall speeify the grounds for
suspension, denial or revooation.
(b) The lioensee may appeal the deoision of the city manager to suspend, deny ef reveke a temporary
business license by filing a writtcn notioe of appeal to the hearing examiner v/ithiR 10 days ef the city
manager's deeision. Notwithstanding the filing of an appeal, hO'.vever, the licensee shall immediately
eease operations pending a final determination of the appeal.
(0) Upon timely receipt of the notiee of appcal, the heariRg eJ(aminer shall set a date f-or hearing the
appeal. The city elerk shall mail notice ef the date and time of the hearing to the licensee at least 10 days
prior to the hearing date.
(d) The hearing shall be de Revo. The hearing examiner may affirm, reverse er medify the eity
manager's deeisien.
(e) The deeision of the hearing examiner shall be final. Any person desiring to appeal must file aR
appropriate lawsuit in the cel:lllty superior court within 14 days of the hearing examiner's decision.
(Ord. No. 90 62, ~ 7,6 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 <122 Violatioas.
(a) It shall be a misdemeanor to engage in any aetivity, act or oonduot iR violatieR ef any of the
provisions of this article, inoluding, Y/ithout limitation, operating or managing a pub lie danee 'l,rithout
having first obtained a 'lalid lioense, or renewal or operating or managing a publio danee after re'loeation
or suspensien of any danoe halllioense.
(b) .^~y aotiyity, aet or eonduct eontrary to the provisions of this article is hereby deolared to be
unlawful, and the 'liolation itself is aR iRjl:U)' te the oommunity constituting a pl:lblie Fl:msaRee.
(Ord. No. 92 132, ~ 1(9.52),1 11 92)
SECTION 79. Chapter 9, Article VIII, Section 9-423, of the Federal Way City Code is hereby
repealed as follows:
9 <123 Cumulative remedies.
Notwithstanding the existence or use of an-yother remedy, the city may seek any remcdy available at
law, in equity or by statute ineluding the right to enjoin any aets or praetiees whieh eonstitute a violation
of any of the proyisions ofthis artiole.
(Ord. No. 92 132, ~ 1(9.53),1 11 92)
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 rchapterl dhrision
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~ fet:ms shall contain the name and plaee of
residenee of the applieant and the OY/fler of the premises where the danee hall is looated, if the applieant is
a eorporatioB or a partnership, 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, and a 6eelaration by the applioant or, if the applieant is
oorporation or a partnershifl, the officers, direotors, or partners, and the applioant's employers, empleyees
or aR-Y other person invob:ed in the operation of the danee 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 any convietion within
the past five years from the date of applioatioFl. The applioation shall also inelude 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, S 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 .A1ppeal from deaial.
(a) When the eity elerk deelines to grant or renew a lioense under this division, the city shall RetifY the
applioant in \\Titing of the same and shall inform the applioant of his or her right to a heanRg befere a
hearing examiner desigRated by the oity. The applieant ean exeroise this right by filing 'lIith the eity elerk
a v,Titten notiee of appeal eontaining a speeifie statement of the reasons for the appeal, ,;tithin 10 days of
the date of the eity notioe, and by payiRg a fee, pursuant to a fee sohedule on file with the city elerk.
(b) If the applieant files a timely notice of appeal, the applioant shall be afforded a hearing before the
hearing examiner at whioh time the applioant shall be afferded an opportunity to sho'.v that the denial of
the lioense is arbitrary and eaprioious. .'\fter the hearing, the hearing examiner shall determine ';/hether the
applieant has pro'/ided suffioient evidenoe, purs\:l8:nt to the license oriteria set forth in FWCC .2..J2Q, to
justifY issuanoe of the lieense and shall issue the fInal findings of faet, eonelusions of law and deeision
'.vithin 10 days of the date of the hearing.
(0) The applieant may appeal the hearing examiner's deoision by seeking, Y/ithin 10 days of sueh
deeision, a writ ofrevie'l/ from the oounty superior oourt. (Ord. No. 92 132, ~ 1(9.11),1 1492)
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 ofthe 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 31 st of each
calendar year shall result in suspension and/or revocation of the license pursl:lant te FWCC 2..J.Q1, until
such time as all required license renewal applications have been submitted and all fees have been paid.
(Ord. No. 92-132, S 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:
9 159 Noatraasferable.
.'\ny lieeRse issued under the provisioR of this division shall apply te a single lioeRsee and to a single
10eatioR enly and shall not be transferable to other looations er to other persons. (Ord. No. 92 132, ~
1(9.50),1 11 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 ReQuirements RevoeatioB or suspeasioa.
( a) RevocatioR or suspension of a lioense shall be determiRed by a eommittee compesed ef the eity
elerk, oity attorney and polioe ohief. Notiee of suspensien or revooation of any lieense may eRly oeel:lf
'.vheFl one or more of the following conditions are fOl:lfld to exist by the oommittee:
(1) The lieense was prooured by fraud or false reflresemation efmaterial met in the applieation or in
any reflort or reoord required to be filed;
(~l) The building, structure, equipment or location of the dance hall does not must comply with the
requirements or fails te 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.ofthe public dance or dance shall with the applioant's aetual or
imputed kne'.yledge, has may not have been convicted within the last five years of:
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;
b. A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct or
assault on a juvenile;
(4}) The licensee or his or her employee, agent, partner, employer, director, officer or manager has
may not knowingly allowed or permitted:
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 69.50.10 1 (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 volume so as te may not be audible from a distance greater than
50 feet away from the dance hall.
(b) Re'roeation or suspeRsien of a lioeRse shall oocur only after:
(1) The liceRsee has been giVeR notiee ofthe eommittee's intent to re'roke er sl:lspeRd the lieeRse,
'o'fhioh notiee shall specifically state the applieable TIolatioRs ef sl:1bseetien (a) efthis section, pursuant to
the prooedures set f-orth in F'NCC 2.J21;
(2) .^~ hearing has oecurred, ifthe lieensee has filed a timely request f-or a hearing; and
(3) The hearing examiner has issued final findings offaet, oonelusions oflaw and a decision on the
hearing.
If no reql:1est for a hearing is filed by the lioensee the reveeation or suspension shall be in full foree
and effect upon the efui of the period '.vithin whieh the lioensee has to request a hearing.
(e) The lieeRsee may appeal the hearing examiner's deeision to revoke or suspend a lieense, by
seeking, withiR 10 days of the hearing eKamiRer's deoision, a 'lint of review from the county superior
effiil't.:
(Ord. Ne. 92 132, ~ 1(9.45),111 92)
SECTION 85. Chapter 9, Article X, Section 9-601, of the Federal Way City Code is hereby
repealed as follows:
9 601 Busiaess registration.
Unless otherwise speoified, the general business registration provisions, eontained in this ohapter, shall
apply to this lioense seetien. (Ord. No. 95 230, ~ 1,3 21 95)
SECTION 86. Chapter 9, Article X, Section 9-602, of the Federal Way City Code is hereby
repealed as follows:
9 602 Peaakies.
(11) Criminal penalty. Any person '1iolating any ofthe terms of this article shall be guilty of a
misdemeanor and upon oOR'.'iotion thereof be pURished as provided in F'NCC ill.
(b) Ciyil penalty. In addition to any other penalty proviaed in this seetion or by law, any person v/ho
violates any provision of aRY business lioense ordinance shall be subjeot to a ci'lil peRalty in an amount
not to exoeed $250.00 per 'liolation to be direetly assessed by the oity clerk. .^JI oi'lil penalties assessed
will be enforoed and oolleoted with the procedl:H"e speoified l:lflder 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:
9 603 .f~dditi8aal eaforeemeat.
Not'lIithstanding the existence or l:lse of any other remedy, the eity may seek legal er equitable relief
to enjoin any aets or practices whioh constitute or 'Hill constitute a violation of any provisions of this
article.
(Ord. 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 in the name of the person or entity proposing to conduot such publis bathhouse
on the business premises, shall be signed by suoh perseR or his or her legally authorized ageBt, and
notarized or oertified as true under penalty of peIjury. :\11 applieations shall be submitted on a form
supplied by the city clerk, whioh shall require 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 interest or
management responsibilities in connection with the business, specifying the interest or management
responsibility of each. For the purpose of this subseetion "substantial interest" shall tneaR ownership of
10 peroent or more of the business, or any other kind of oontribution to the business 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 applicant and notarized or eertified to be true l:lRder peflalty of peIjury. ,^JI
applioations shall be submitted on a form supplied by the oity elerk, which shall require, at a minimum,
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;
(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 win be submitted to a
background check in accordance with the procedures of the Federal Way police department.
(Ord. No. 95-230, 9 1,3-21-95)
SECTION 89. Chapter 9, Article X, Section 9-617, of the Federal Way City Code is hereby
repealed as follows:
9 617 Staadards fer deRial of applieatioa for lie ease.
(a) Publio bathhouse lioense. The city clerk may deny aR-Y public bathhouse liceRse request if he or she
determines that the appli6aRt has:
(1) Made any material misstatement in the application fer a license;
(2) Propesed a p1aee efbusiness or operates a business 'lIhieh fails to eomply with all applieable
requirements of this Code ineluding 'l/ithout limitation the zOfling, building, health and fIre codes and all
other applieable leeal, state, or f-ederallaws, rules or regulations;
(3) Had any oonyiotions whieh have a direct oonnection y:ith the licensed aetivity ineh:lding, but not
limited to, theft, promoting or permitting prestitution, sexual eff-enses, conSl:lfll:er fraud, massage
praetitioner, massage manager and/or public bathhe\:lse manager/attendant 'liolatioo, or obseeRity, within
fi'le years prior to the date of applioation;
(1) Had a bathhouse lieense denied, revoked or suspended by the oity, or aR-Y other jl:1risdiction within one
year prior to the date of such application.
(b) Bathhouse manager/attendant license. The city clerk may deny aR-Y bathhouse attendant lieeFlse
applied for under the pro'lisions ofthis chapter if the city clerk determines that the applicant has:
(1) Made any material misstatement in the application for a license; or
(2) Not complied with the operating requirements set out in FWCC 2Jill, 2JQl or any other
requirements of this ohapter; or
(3) Had any eonviotions whioh have a direot oonneotieR 'lIith the lieensed activity ineluding, but Ret
limited to, theft, prostitution, sexual off-ense, oonsumer fraud, massage practitioRer, massage maRager
and/or bathhouse manager/attendant '/iolation, or obseeRity, within fi','e years prior to the date ef
applioation; or
(1) Had a bathhouse manager or attendant lioense denied, revoked er suspended by the eity or any other
jurisdiotion \vithin one year prior to the date of application;
(e) Effeet of license denial. If any applicant has a lioense denied based upon a con'liction classified as a
felony, or any other nonfelony oon'liotions, pursuaRt to this seotioR, a lioense shall not be graBted within
five years from the date of sueh denial. If aR-Y applioant has a lieense denied for any ether reason, a
license shall not be granted within one year from the date of sueh denial. (Ord. No. 95 230, ~ 1,3 21 95;
Ord. No. 03 440, ~ 6,3 18 03)
SECTION 90. Chapter 9, Article X, Section 9-618, of the Federal Way City Code is hereby
repealed as follows:
9 GIS Staadards for suspeasioa or revaeatioa of lieeBse.
(a) Publio bathhouse lioense. The eity olerk may reyoke or suspeRd a publie bathhouse lieense ifhe or she
determines that the lieensee has:
(1) Failed to eom13ly Y/ith F\VCC 2.J!.ll, ~ or any of the other requiremeH:ts of this shapter; or
(2) Failed te eomply '-'lith the applioable building, health, fire and/or zoning eede pre'lisions Of '.yith any
other applioable federal, state or 100alla'.Ys, rules or regulatiens; or
(3) With knowledge, employed persons who, within a period of the preoediRg five years, have been
convieted of prestitution or sonsumer fraud stemming from aetivities oonduoted en the lisensed premises,
or ';lho have been arrested for sl:leh offenses aRd 'shieh lead to sueh eonyietions; or
(1) Had any eonyiotions whioh have a direct oonneotion with the lioeRsed aetivity ineh:lding, bl:1t not
limited to, oonSl:lm.er fraud, theft, eontrolled substanoes, prostitution, permitting or prometiRg prostitution,
smmal offenses, or obseenity within 10 years; or
(5) Failed to eomply with or done aR-ything whieh eonstitutes a basis for denying a license applioatieR.
(b) Notice of'liolatien. If the oity sterk, the bwlding offieial or his er her agent determines dming an
inspeetion that the eondition of an-y public bathhouse busiRess needs eorrestion, a '.'.TitteR Retiee of
violatioR shall be issued te the supervisor, manager, ewner, or person in eharge speoifying suoh
'/iolations. Those same violations shall be remedied within 18 hours unless a later date is determined by
the oity eterk. Failure te eemply ';lith an-y ';rritten notice of vielation te make eorrectieFls may resalt in
suspensien or revoeatioR efthe publio bathhouse lieense.
(e) Bathhouse manager/attendant lieense. The city olerk may sHspend or reyoke any bathhouse maRager
or attendant liseRse ifhe or she determines that the lieeRsee has:
(1) Failed to eomply with any of the operating fequirements set forth in FWCC 9_ill and ~ or failed
to eomply with an-y of the other requirements of this ehapter; or
(2) Had an-y oonvietions 'Nhieh haye a direct conneetion with the lioensed aetiyity inell:la.ing, but Rot
limited to, theft, prostiMion, consumer :Fraad, obsceRity, or seJmal offenses; or
(3) Failed to eomply with or done anythiRg whieh oeFlstitutes a basis for denyiRg a lieeRse.
(d) Effuet of lioense re':ocation. If aRY applicant under this ehapter has his or her lieOfl:se revoked, a
license shall not be granted under this ehapter for a period of at least ene year from the date ef sueh
reYOeatiofl.
(e) Duration of lieense suspension. The eity elerk may suspend a lioense for no more than six months.
(Ord. No. 95 230, ~ 1,3 21 95; Ord. No. 03 110, ~ 7,3 18 03)
SECTION 91. Chapter 9, Article X, Section 9-619, of the Federal Way City Code is hereby
repealed as follows:
9 G19 Traasfer of lieeases aad ehaBge afloeatioa.
No p1:1blic bathhouse basiness, manager or attendant license iSfmed under this shapter shall be traRsferable
from one person or entity te another person or entity. Upon the sale or traRsfer of an interest greater than
50 peroent in a publio bathhouse, a lieense shall beoome null and void. .^~ ne',\' apfllieation shall be made
by any person desiring to operate or maintaiR the establishment and shall inolude a release of interest
statement from the pre'/ious lieensee and a signed lease or rental agreemeRt for the establishment. (Ord.
No. 95 230, ~ 1,3 21 95)
SECTION 92. Chapter 9, Article X, Section 9-620, of the Federal Way City Code is hereby
repealed as follows:
9 620 Notifieatioa of suspeBsioa, revoeatioa, deaialor eivilpeaalty.
'A'hen the eity determines that there is e8:l:lse for denying, suspending or revokiRg any lieense isooed
pursuant to this artie1e or assessing a eivil penalty, the oity elerk shall notify the persen holdiRg sueh
liocnse by personal serviee or registered or oertified mail, return receipt reql:lestea, of the deeision. The
notioe shall speoify the grounds f-or the denial, suspension, re'looation or penalty assessmeRt. The eivil
penalty shall be due and the denial, suspension or reyooatioR shall beoome eff-eotive 10 days from the date
the notiee is deli'/cred or deemcd rcocived l:lFlless the person affeeted thereby files a WTItteR req1:lest with
the eity olerk for a hearing before the hearing examiner within such 10 day period. (Ord. 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:
9 621.\uthority ofheariag examiaer.
The eit)' hearing eJlaminer is designated to hear appeals by parties aggrie'led by aetions efthe oity
clerk iR suspending, re'loking or den-ying a lioE.1Rse er assessiFlg a eivil penalty pl:lI'SliaRt to this artiole. The
heariRg examiner may adopt reasonable rules or regulations fer eonooeting its business. Cepies of sHeh
rules and regulations shall be delivered to the eity elerk who shall make them freely aoeessible te the
publio. .^JI deeisions and fmdings of the hearing exam.iRer shall be rendered to the appellant in ';,Titing
with a eopy to the oity olerk.
(Ord. 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:
9 622 Notiee of appeal.
Any perSOR falling under the pro':isions ef this article may appeal from any Retiee ef sl:lspeFlsieR,
denial or revooatioR or ei'lil penalty assessment by filing '.vith the city slerk within 10 days frem the date
the notiee is delivered or deemed reoeived, a written appeal oontaining:
(1) .^~ heaa.ing in the werds: "Before the Hearing EJ,aminer fer the oity of Federal Way";
(2) .\ oaptieR reading: "Appeal of " giving the names of all appellaRts partioipating iR the
appeal;
(3) .^~ brief statement setting forth the legal iRterest or eash of the appellaRts partieipating in the
appeal;
(1) .\ brief statement in senoise language of the speeifie order or aetion protested, together ,;lith any
material fuets claimed to support the eofltentions of the appellant;
(5) .^~ brief statement in eoneise language of the relief sought, and the reasons why it is elaimed the
protested order or aetion shol:tld be re'lersed, modified, or etherwise set aside;
(6) The signatures of all parties named as appellants, and their offioial mailiRg addresses; and
(7) The verifioation, by deelaration under penalty of perjury, of at least one appellant as to the truth of
the matters stated in the appeal.
(Ord. No. 95 230, ~ 1,3 21 95)
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 for hearing.
.^~s soon as practicable after reeeiving the y,Titten appeal, the hearing examiner shall fix a date, time,
and plaoe for the hearing ofthe appeal. Such date shall be not less then 10 days nor more than 60 days
from the date the appeal was filed y,rith the city clerk. Written notioe of the time aRd place of the hearing
shall be given at least 10 days prior to the date of the hearing to each appellaR-t by the hearing examiner' s
offioe either by oausing a copy of such notioe to be delivered to the appellant personally eT by mailing a
eopy thereof, postage prepaid, addressed to the appellant at his or her address sho';1fl on 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.
.^~t the hearing the appellaBt shall be entitled to appear in person and be represented by oounsel and
offer such evidence pertineRt and material to the aetioo of the city clerk.
(Ord. Ne. 95 239, ~ 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 Seope of matters eoasidered in appeal.
Only those matters er issues specifically raised by the appellant in the v,Titten notice 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 "r aiver of right to appeal.
Failure of any person to file an appeal in accordance with the provisions of this di'lision shall
constitute a waiver of his or her right to an administrative hearing and adjudioation of the notice and
order, or any portion 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 of eaforeemeat.
Enforcement of any notioe and erder of the eity elerk shall be stayed during the peRdeRey of an
appeal therefrom '.vhioh is properly and timely filed. The stay shall be lifted upOR issuance of the fmal
decision of the city oounoil.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 100. Chapter 9, Article X, Section 9-628, of the Federal Way City Code is hereby
repealed as follows:
9 G28 .'\etioa after heariag.
Upon oompletion of the hearing, the eJlaminer shall:
(1) .'\ooept the oity elerk's recommendatioB. as presented;
(2) Determine Re action is warranted; or
(3) Modify the reoommended actioo.
(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 G29 f.ppeal from heariag examiaer.
.^~ appeal from. a decision of the hearing examiner shall be to the city ofPederal Way city eouneil
and shall be served and filed with the city olerk within 15 days efthe deoisien of the hearing examiRer. In
the e'lent the applioant or lieense helder does not follow the procedl:H"es withiR tHe time periods set f-orth
in this division, the aetieR of the hearing examiRer shall be final.
(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
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
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
COUNCIL MEETING DATE: December 2nd, 2008
ITEM #:
-
7.h.
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
RELATING To DEFINITIONS IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Land Useffransportation Committee
MEETING DATE: Nov. 17'\ 2008
CATEGORY:
D Consent
D City Council Business
r8J Ordinance
D Resolution
D
D
Public Hearing
Other
~!~_,!!.}_~~.!~RT _!!Y-:_~O~_W~~~2_QE~~!Y-_~!Y-_ A 120R1'i~~______________~EPT:~~~_______________________
Staff is finalizing the reorganization of the F ederal Way City Code into the F ederal 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: @
Co lttee
DIRECTOR APPROVAL: P A1L
Committee
_fAR-
Council
COMMITTEE RECOMMENDATION:
Committee Chair
ittee Member
~-~
ommittee Member
EX&~
PROPOSED COUNCIL MOTION: HI move to forward the ordinance to a second reading for enactment on the
T 6th ._-1 "
January consent ageTlUa .
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO LAND USE RELATED DEFINITIONAL
AMENDMENTS ADDING SECTIONS, AMENDING SECTIONS, AND
REPEALING SECTIONS IN CHAPTERS 5, 11, 12, 13, 15, 16, 18, 19,20,21, AND
22 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 5, Article XI, Section 5-340 of the Federal Way City Code shall be amended to
read as follows:
5-340 Definitions.
The following words, terms and phrases, when used in this di'lision, shall have the meanings ascribed to
them in this section, except where the context clearly indicates 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.
Ordinance No. 08-
Page 1 0(90
Board of appeals shall mean means the hearing examiner appointed by the city pursuant to process I
of Chapter II FWCC, Zoning.
Fire detection system shall mean means a heat illliitor smoke detection system monitored by a central
illliitor remote station conforming to the current requirements of the National Fire Protection Association
standards andter-the fire chief or designee.
Fire sprinkler system shall mean means an integrated system of piping connected to a water supply
with sprinklers which will automatically initiate water discharge over a fire, conforming to the current
requirements of the National Fire Protection Association standards andffir the fire chief or designee.
Life safety/rescue access shall mean means an unobstructed access to all floor levels and each roof
level of a building on not less than 20 percent of the building perimeter by utilizing a 35-foot ladder....QL~
.'\n alternate method would be at least one stairway enclosure with exit doorways from each floor level
and with a door opening onto each roof level which conforms to the requirements of the International
Building Code. (Ord. No. 90-33, ~ 67,2-13-90; Ord. No. 92-127, ~ 5,2-4-92; Ord. No. 99-340, ~ 5, 5-4-
99)
SECTION 2. Chapter II, Article III, Section 11-51, of the Federal Way City Code (FWRC 4.05.010)
shall be amended to read as follows:
11-51 [FWRC 4.05.010] Definitions.
Thc following v/ords, tcrms and phrases, '",hen used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in this
section apply throughout this article [chapter) unless the context clearly requires otherwise. Terms not
defined here are defined according to FWRC 4.03.010 or in FWCC 1-2 in that order.
~Director: shall mean means the city director of the parks, aH6 recreation, and Cultural Services
department or a designated employee of the parks that department.
~Park: shall mean and include includes any all public parks, public squares, golf courses, bathing
beaches, QLaH6 play and recreation grounds within the city limits, regardless of ownership,~ and also
includes any all city sports fields, or any aH6 city leased or rented school or private property when the
same are being used forrecreation. (Ord. No. 91-82, ~ 1(1)(B), 1-8-91; Ord. No. 01-396, ~ 1,7-3-01)
SECTION 3. Chapter 12, Article I, Section 12-1, of the Federal Way City Code shall be amended to
read as follows:
12-1 Definitions.
The follO'.ving words, terms and phrases, v/hen used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indieates 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.
Administrator means the official of the city holding the office of public works director, or his or her
designated representative.
Ancillary disposal provider means those persons that offer delivery, maintenance or clean-up services
that by their nature include a disposal function. ,^~cillary disposal providers must provide a legitimate
service other than garbage collection and disposal services equi':alent to those provided by a city
contracted service provider. Examples of ancillary disposal providers include, but are not limited to:
businesses that deliver new appliances, carpets or other furnishings and remove and dispose of the
replaced item; contractors that self-haul construction and demolition wastes that they produce during the
course of their regular business activities; and clean-up services that include a container or truck loading
function in addition to hauling and disposal.
Ordinance No. 08-
Page 2 o{90
Cart means a city-approved wheeled plastic container that is designed for and used with a hydraulic
lifting mechanism, with 35, 64 or 96 gallons of capacity; weighing not over 35 pounds when empty or 50
pounds per 32-gallon capacity when full; fitted with a sturdy handle and a cover; rodent and insect
resistant; and capable of holding collected liquids without spilling when in an upright position.
City means the city of Federal Way, located in King County, Washington.
Commercial customer means a nonresidential customer, including but not limited to businesses,
institutions and governmental agencies and all other similar users of nonresidential garbage collection
servIces.
Curb or curbside means on the homeowners' property, within five feet of the public street without
blocking sidewalks, driveways or on-street parking. If extraordinary circumstances preclude such a
location, curbside shall be considered a placement suitable to the resident, convenient to the service
provider's equipment, and mutually agreed to by the city and service provider.
Detachable container means a watertight metal or plastic container equipped with a tight-fitting cover,
capable of being mechanically unloaded into a collection vehicle, and which is not less than one cubic
yard nor greater than eight cubic yards in capacity.
Drop-box container means an all-metal container with 10 cubic yards or more capacity that is loaded
onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and capable of
then being transported back to the customer's site.
Extra unit means an additional quantity of garbage or yard debris set out next to the customer's
regular garbage or yard debris container. In the case of can or cart garbage service, an extra unit shall be
the equivalent of 32 gallons of material. In the case of cart yard debris service, an extra unit shall equal 96
gallons of material and not more than 65 pounds of material. In the case of detachable container garbage
or yard debris service, an extra unit shall be the equivalent of one cubic yard of material.
Garbage means all putrescible and nonputrescible solid and semi-solid wastes, including, but not
limited to, rubbish, ashes, industrial wastes, swill and discarded commodities and non-source-separated
construction/demolition materials that are placed by customers of the service provider in appropriate bins,
bags, cans or other receptacles for collection and disposal by the service provider. The term garbage shall
not include hazardous wastes, source-separated materials, recyclables or yard debris.
Garbage can means a city-approved watertight galvanized sheet metal or plastic container not
exceeding four cubic feet or 32 gallons in capacity; weighing not over 15 pounds when empty or 50
pounds when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover equipped
with a handle.
Hazardous waste means any substance that is:
(l) Defined as hazardous by 40 CFR Part 261 and regulated as hazardous waste by the United
States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery
Act (RCRA) of 1976, 42 USC 6901 et seq., as amended by the Hazardous and Solid Waste Amendments
(HSWA) of 1984; the Toxic Substances Control Act, 15 USC 2601 et seq.; or any other federal statute or
regulation governing the treatment, storage, handling or disposal of waste imposing special handling or
disposal requirements similar to those required by Subtitle C of RCRA; or
(2) Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as
dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the
State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or
regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling
requirements similar to those required by Chapter 70.105 RCW;
(3) .'\ny substance that after the effective date of the contmct 'Nith the service provider comes
within the scope of this definition as determined by the city. Likewise, any substance that after the
effective date of the contract "vith the service provider ceases to fall within this definition as determined
by the city shall not be deemed to be hazardous waste. Uncontaminated waste motor oil put out for
collection by residential customers for recycling is not shall not be deemed to be hazardous waste.
Ordinance No. 08-
Page 3 of90
King County Disposal System means the areas owned, leased or controlled by the King County Solid
Waste Division, King County, Washington (per the County Interlocal Agreement) for the disposal of
garbage, or such other site as may be authorized by the King County Comprehensive Solid Waste
Management Plan and approved by the city.
Micro-can means a watertight galvanized sheet-metal or plastic container not exceeding 10 gallons in
capacity or 15 pounds in weight when full; fitted with two sturdy handles, one on each side; and fitted
with a tight cover equipped with a handle.
Mini-can means a watertight galvanized sheet-metal or plastic container not exceeding 20 gallons in
capacity or 30 pounds in weight when full; fitted with two sturdy handles, one on each side; and fitted
with a tight cover equipped with a handle.
Multifamily residence means a multiple-unit residence with five or more attached units serviced by a
common solid waste storage container.
Person means a person, firm, partnership, association, institution or corporation. The term shall also
mean the occupant and/or the owner of any premises for which service mentioned in this chapter is
rendered, or eligible or entitled to be served.
Private drive means a privately owned or maintained way serving fewer than four residences; or
serving less than one residence for every 100 yards in distance.
Private road means a privately owned and maintained way that allows for access by a service truck
and which serves four or more residences.
Public street means a public way used for public travel, including public alleys.
Recyclables means any of the following when generated by a single-family or multifamily residential
customer: aluminum cans; corrugated cardboard; glass containers, mixed waste paper; waste motor oil;
newspaper; recyclable plastic containers that have contained nonhazardous products; poly-coated cartons;
scrap metals not exceeding two feet in any direction and 35 pounds in weight per piece; tin cans; and such
other materials that the city determines to be recyclable.
Recycling bin means a service provider-provided 20-gallon container suitable for single-family
residential collection, storage, and curbside placement of the nonpaper portion of source-separated
recyclables.
Recycling cart means a service provider-provided 35-, 64- or 96-gallon cart suitable for residential
collection, storage and curbside placement of the paper fiber portion of source-separated recyclables.
Recycling carts may also be used for the collection of the nonpaper fiber portion of source-separated
recyclables by multifamily residences.
Recycling container means a set consisting of:
(1) One recycling bin and one recycling cart for single-family residences;
(2) Three stacking recycling baskets distributed to single-family residential customers under a
previous service provider's collection contract; or
(3) Recycling carts or detachable containers for multifamily residences.
Residence and residential means living space(s) individually rented, leased or owned.
Service provider or service providers means that entity or entities holding a valid contract or franchise
with the city to collect solid waste.
Single-family residence means all one-unit houses, duplexes, triplexes, fourplexes located on a public
street or private road and mobile homes with individually billed collection. Residences located in an area
that does not allow safe access, turn-around or clearance for service vehicles, or on a private drive will be
provided service if materials are set out adjacent to a public street or private road.
Solid waste means garbage, recyclables and yard debris.
Source-separated means certain reclaimable materials that are separated from garbage by the
generator for recycling or reuse, including, but not limited to paper fibers, metals, glass, plastics, organics
and other materials.
WUTC means the Washington Utilities and Transportation Commission.
Ordinance No. 08-
Page 4 of90
Yard debris means leaves, grass and clippings of woody and fleshy plants, as well as other source-
separated organic materials compatible with the collection system and acceptable to the service provider's
processing facility. Unflocked, undecorated Christmas trees are acceptable as yard debris if cut to size.
Materials larger than four inches in diameter or four feet in length are excluded. Yard debris that is
contaminated or mixed with garbage or hazardous waste is also excluded.
Yard debris cart means a 96-gallon container provided to all subscribing single-family residences,
multifamily residences and commercial customers for the purpose of containing and collecting yard
debris. (Ord. No. 91-124, ~ 2,12-17-91; Ord. No. 93-167, ~ 2, 3-16-93; Ord. No. 02-411, ~ 1, 1-2-02)
SECTION 4. Chapter 12, Article III, Section 12-52, of the Federal Way City Code shall be amended
to read as follows:
12-52 Authorized service providers.
The collection of, disposal of and billing for garbage generated within the corporate limits of the city shall
be accomplished by service providers under written service agreement or franchise pursuant to ordinances
of the city. Only such service providers that have a current service agreement or franchise with the city
are authorized to collect garbage from within the incorporated city limits and to haul garbage through the
streets of the city; however, ancillary disposal providers shall be allowed to collect, haul and dispose of
garbage that is generated during the course of their regular business activities. Ancillary disposal
providers must provide a legitimate service other than garbage collection and disposal services equivalent
to those provided by a city-contracted service provider. (Ord. No. 91-124, ~ 3(A), 12-17-91; Ord. No. 93-
167, ~ 3(A), 3-16-93; Ord. No. 02-411, ~ 27,1-2-02)
SECTION 5. A new section is added to Chapter 13, Article 1, of the Federal Way City Code (FWRC
4.03.010) to read as follows:
13-1 fFWRC 4.03.0101 Definitions
The definitions in this section apply throughout this Title unless otherwise provided or the context clearly
requires otherwise. Terms not defined here are defined according to FWCC 1-2.
Abutting property means all property having a frontage upon the sides or margins of any public right-
of-way.
Activity means parades, runs, walks, processions, marches, races, block parties, demonstrations,
exhibitions, rallies, and other similar short-term private uses of public right-of-way which do not involve
the significant physical disturbance of the public right-of-way.
Block party means an event that includes the closure of a dead-end public street.
City building means any building or portion thereof, owned or leased by the city and includes all
areas of a building owned or leased by the city in its entirety, including but not limited to elevators,
restrooms, waiting areas, hallways, lobbies, reception areas, council chambers, lunchrooms and employee
offices.
Director means, unless otherwise indicated, the director of the City's public works department or his
or her designee, including any person contracted with/by the city to perform required reviews and services
on behalf of the city.
Emergency means a condition of imminent danger to the health, safety, and welfare of property or
persons located within the city including, without limitation, fallen branches or fallen trees within public
rights-of-way, or damage to vegetation from natural consequences, such as storms, earthquakes, riots or
wars.
Extended right-of-way use permit means a permit authorizing the use of the city right-of-way for a
designated purpose and for a period of time exceeding one year in duration.
Ordinance No. 08-
Page 5 of90
Limited right-of-way use permit means a permit authorizing the use of the city right-of-way for a
designated purpose and for a period of time limited to one year or less.
Occupant means a person who is occupying, controlling or possessing real property, including an
agent or representative thereof.
Owner means a person who has legal or equitable title to real property, the owners of any fee title,
mortgagors, and contract vendees, and including an agent or representative thereof.
Smoke or smoking means the carrying or smoking of any kind of lighted pipe, cigar, cigarette or any
other lighted smoking equipment. (Ord. No. 90-36, & I, 2-20-90)
Removal means the act of cutting down or removing any vegetation, or causing the effective removal
through damaging, poisoning or other direct or indirect actions resulting in the death of vegetation.
Replacement vegetation means vegetation of equal species, size, quality and number to that which has
been removed in conformance with the right-of-way vegetation plan.
Right-of-way vegetation plan means the plan adopted by the city containing the standards and
specifications which prescribe the vegetation to be planted, maintained, preserved, or replaced within the
city's public rights-of-way, the methods for planting, trimming, pruning and other maintenance activities,
and the overall planting plan for the city.
Street trees means any trees located on any street or public right-of-way.
Topping means the severe cutting of the top of a street tree resulting in stubs beyond the branch collar
in the crown or severe cutting which removes a substantial portion of the normal canopy, disfigures the
street tree, and reduces the height.
Vegetation means all trees, plants, shrubs, groundcover, grass, and other vegetation.
SECTION 6. Chapter 13, Article II, Section 13-26, of the Federal Way City Code is hereby repealed
as follows:
13 26 Definitions.
The following ,!lords, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except 'Nhere the context clearly indicates a different meaning:~
Director of public works shall include any person contracted with/by the city to perform the required
reyie'vVs and services on behalf of the city.
Extended right of v/ay use permit shall mean a permit authorizing the use of the city right of way for a
designated purpose and for a period of time exceeding one year in duration.
Limited right of way use permit shall mean a permit authorizing the use of the city right of ,vay for a
designated purpose and for a period of time limited to one year or less. (Ord. No. 90 50, ~ I, 1 3 90)
SECTION 7. Chapter 13, Article III, Section 13-71, of the Federal Way City Code is hereby repealed
as follows:
13 71 Defiaitioas.
The following words, terms and phrases, when used in this division, shall hB':e the meanings ascribed to
them in this section, except where the contcxt clearly indicates a different meaning:
City building shall mean any building or portion thcreof, ovmed or leased by the city and includes all
areas of a building owned or leased by the city in its entirety, including but not limited to elevators,
restrooms, waiting areas, hallways, lobbies, reception areas, council chambers, lunchrooms and employee
offices.
Smoke or smoking shall mean the carrying or smoking of any kind of lighted pipe, cigar, cigarette or any
other lighted smoking equipment. (Ord. No. 90 36, ~ 1, 2 20 90)
Ordinance No. 08-
Page 6 of 90
SECTION 8. Chapter 13, Article IV, Section 13-91, of the Federal Way City Code is hereby repealed
as follows:
13 91 Defiaitions.
The following words, terms and phrases, "then used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context dearly requires othenvise. Terms not defined here
are defined according to FWCC 1 2.
"Owner of an interest in illlY-real estate" means the owners of any fee title, mortgagors, and contract
yendees. (Ord. No. 91 107, ~ 1(13.1),93 91)
SECTION 9. Chapter 13, Article V, Section 13-121, of the Federal Way City Code is hereby repealed
as follows:
13 121 Definitions.
The follO\Ning words, terms and phrases, ';!then used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires othenvise. Terms not defined here
arc defined according to FWCC 1 2.
'.^.ctivity' means parades, runs, walks, processions, marches, races, block parties, demonstrations,
exhibitions, rallies, and other similar short term private uses of public right of way which do not involve
the significant physical disturbance of the public right of way.
'Block party' means an cvcnt that includes the closure of a dead end public street.
SECTION 10. Chapter 13, Article VI, Section 13-161, of the Federal Way City Code shall be
amended to read as follows:
13-161 Definitions.
F or the purpose of this article and unless the context plainly requires othen'tise, the following terms shall
have the following meanings: The definitions in this section apply throughout this article unless the
context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or in
FWCC 1-2 in that order.
(1) .\butting property means all property having a frontage upon the sides or margins of any public right
of way.
(2) Curb means a cement, concrete or asphaltic concrete raised structure designed to delineate the edge of
the street and to separate the vehicular portion from that provided for pedestrians.
(3) City means the city of Federal Way, a Washington municipal corporation.
(1) City council means the city of Federal Way council acting in its official capacity.
(5) Director means the director of the city of Federal Way public works department or his or her designee.
(6) FWCC means the Federal Way City Code adopted by the city council.
f11 ~Maintenance~ means the removal and disposal of debris, litter, vegetation, snow and ice from
sidewalks.
(8) Occupant means a person who is occupying, controlling or possessing real property, or his or her
agent or representative.
(9) Owner means a person who has legal or equitable title to real property, or his or her agent or
representative.
(10) Person means a person, firm, association, partnership, corporation or individual.
Ordinance No. 08-
Page 70f90
(II) Public right of ',yay means the land owned, dedicated or conveyed to the public or a unit of
government, pro'liding for the movement of vehicles, wheelchair and pedestrian traffic, access to abutting
property, the location of utility lines, drive'vvays, appurtenances and other facilities benefitting the public.
(12) Sidewalk means all hard surfaced '.valkways within public rights of way in the area betvleen the
street margin and thc roadway, including driveways.
(13) Street means any street, road, boulevard, avenue, alley, lane, way or place, or any portion thereof.
(Ord. No. 93-188, S 1,9-21-93)
SECTION 11. Chapter 13, Article VII, Section 13-202, of the Federal Way City Code shall be
amended to read as follows:
13-202 Definitions.
F or the purpose of this articlc and unless the context plainly requires otherwise, the follovling terms shall
ha','e the following meanings: The definitions in this section apply throughout this article unless the
context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or in
FWCC 1-2 in that order.
(1) .^.butting property means all property having a frontage upon the sides or margins of any public right
of way.
(2) .^.pplicant means any person filing a right of way permit application.
(3) City means the city of Federal 'Nay, a 'Nashington municipal corporation.
(1) City council means the city of Federal Way council acting in its official capacity.
(5) Curb means a cement, concrete or asphaltic concrete raised structure designed to delineate the edgc of
the street and to separate the vehicular area of the public right of '.'lay from the area provided for
pedestrians.
(6) Director means the director of the city's public works department or his or her designee.
(7) Emergency means a condition of imminent danger to the health, safety, and welfare of property or
persons located within the city including, without limitation, fallen branches or fallen trees within public
rights of way, or damage to vegetation from natural consequences, such as storms, earthquakes, riots or
waffl;
(8) FWCC means the Federal Way City Code adopted by the city council.
(9) ~Maintain or maintenance= means mowing, trimming, pruning (but not including topping or tree
removal), edging, root control, cultivation, reseeding, fertilization, spraying, control of pests, insects and
rodents by nontoxic methods whenever possible, watering, weed removal, and other actions necessary to
assure normal plant growth, performed in accordance with the standards of the right-of-way vegetation
plan.
(10) Occupant means a person who is occupying, controlling or possessing real property, or his or her
agent or representative.
(11) Owner means a person who has legal or equitable title to real property, or his or her agent or
representati','e.
(12) Person means a person, firm, association, partnership, corporation or individual.
(13) Public right of way means the land o\yned, dedicated or con':eyed to the public or a unit of
goyernment, providing for the movement of vehicles, wheelchair and pedestrian traffic, access to abutting
property, the location of utility lines, appurtenances and other facilities benefitting the public.
(11) Removal means the act of cutting down or remo'ling any yegetation, or causing the effectiye removal
through damaging, poisoning or other direct or indirect actions resulting in the death of vegetation.
(15) Replacement vegetation means vegetation of equal species, size, quality and number to that which
has been removed in conformance '.vith the right of way vegetation plan.
(16) Right of way vegetation plan means the plan adopted by the city containing the standards and
specifications which prescribe the ,'egetation to be planted, maintained, preserved, or replaced within the
Ordinance No. 08-
Page 8 of90
city's public rights of way, the methods for planting, trimming, pruning and other maintenance activities,
and the overall planting plan for the city.
(17) Sidc'lIalk means that property bet',';een the curb and the abutting property, set aside and intended for
the primary use of pedestrians but may include mixed uses such as pedestrians and bicyclists, improved
by paving ','/ith cement concrete or asphaltic concrete, including all drivev/ays.
(18) Strcet means any street, road, boulevard, alley, lane, way or place, or any portion thereof.
(19) Street trees mcans any trees located on any street or public right of way.
(20) Topping means the severe cutting of the top of a street tree resulting in stubs beyond the branch
collar in the crown or severe cutting which removes a substantial portion of the normal canopy, disfigures
the street tree, and reduces the height.
(21) Vegetation means all trees, plants, sn.llbs, groundcover, grass, and other vegetation. (Ord. No. 93-
187,9 1,9-21-93)
SECTION 12. Chapter 15, Article VII, Section 15-200, of the Federal Way City Code shall be
amended to read as follows:
15-200 Definitions.
For the purpose of this article and unless the context clearly requires otherwise, the follov/ing terms have
the following 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.
(1) Affected employee means a full-time employee who is scheduled to begin his or her regular work
day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week
for at least 12 continuous months. For the purposes of this article, shareholders, principles and associates
in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be
considered employees.
(2) Affected employer means a public or private employer that, for 12 continuous months, employs
100 or more full-time employees at a single worksite who are scheduled to begin their regular work day
between 6:00 a.ill. and 9:00 a.m. (inclusive) on two or more weekdays. The individual employees may
vary during the year. Construction worksites, when the expected duration of the construction is less than
two years, are excluded from this definition.
(3) Alternative mode means any type of commute transportation other than that in which the single-
occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if
they result in reducing commute trips.
(1) Alternative work schedules means programs such as compressed work weeks that eliminate work
trips for affected employees.
(5) Base year means the period from January 1, 1992, through December 31, 1992, on which goals for
vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall
be based.
(6) City means the city of Federal V/ay.
(7) Commute trips means trips made from a worker's home to a worksite with a regularly scheduled
arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
(8) CTR plan means the city of Federal Way's plan as set forth in this article to regulate and
administer the CTR programs of affected employers within its jurisdiction.
(9) CTR program means an employer's strategies to reduce affected employees' SOY use and VMT
per employee.
(10) CTR zone means an area, such as a census tract or combination of census tracts, within the city
of Federal Way characterized by similar employment density, population density, level of transit service,
parking availability, access to high occupancy vehicle facilities, and other factors that are determined to
affect the level of SOY commuting.
Ordinance No. 08-
Page 90190
(11) Compressed work week means an alternative work schedule, in accordance with employer
policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by
working longer hours during the remaining days, resulting in fewer commute trips by the employee. This
definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being
four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work
weeks are understood to be an ongoing arrangement.
(12) Dominant mode means the mode of travel used for the greatest distance of a commute trip.
(13) Employee means anyone who receives financial or other remuneration in exchange for work
provided to an employer, including owners or partners of the employer.
(14) Employer means a sole proprietorship, partnership, corporation, unincorporated association,
cooperative, joint venture, agency, department, district or other individual or entity, whether public,
nonprofit, or private, that employs workers.
(15) Flex-time is an employer policy allowing individual employees some flexibility in choosing the
time, but not the number, of their working hours to facilitate the use of alternative modes.
(16) Full-time employee means a person other than an independent contractor, scheduled to be
employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week.
(17) Good faith effort means that an employer has met the minimum requirements identified in RCW
70.94.531 and this ordinance and is working collaboratively with the city to continue its existing CTR
program or is developing and implementing program modifications likely to result in improvements to its
CTR program over an agreed upon length of time.
(18) Implementation means active pursuit by an employer of the CTR goals of RCW 70.94.521
through 70.94.551 and this article as evidenced by appointment of a transportation coordinator,
distribution of information to employees regarding alternatives to SOY commuting, and commencement
of other measures according to their CTR program and schedule.
(19) Mode means the type of transportation used by employees, such as single-occupant motor
vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, and walking.
(20) Peak period means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday,
except legal holidays.
(21) Peak period trip means any employee trip that delivers the employee to begin his or her regular
workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
(22) Proportion of single-occupant vehicle trips or SOY rate means the number of commute trips over
a set period made by affected employees in SOVs divided by the number of affected employees working
during that period.
(23) Single-occupant vehicle (SOV) means a motor vehicle occupied by one employee for commute
purposes, including a motorcycle.
(21) Single-occupant vehicle (SOV) trips means trips made by affected employees in SOVs.
(25) Single worksite means a building or group of buildings on physically contiguous parcels of land
or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more
affected employers.
(26) Telecommuting means the use of telephones, computers, or other similar technology to permit an
employee to work from home, eliminating a commute trip, or to work from a work place closer to home,
reducing the distance traveled in a commute trip by at least half.
(27) Transportation demand management (TDM) means a broad range of strategies that are primarily
intended to reduce and reshape demand on the transportation system.
(28) Transportation Management Association (TMA) means a group of employers or an association
representing a group of employers in a defined geographic area. A TMA may represent employers within
specific city limits, or may have a sphere of influence that extends beyond city limits.
(29) Vehicle miles traveled (VMT) per employee means the sum of the individual vehicle commute
trip lengths in miles made by affected employees over a set period divided by the number of affected
employees during that period.
Ordinance No. 08-
Page 10 of90
(30) Waiver means an exemption from CTR program requirements granted to an employer by the city
based on unique conditions that apply to the employer or employment site.
(31) Week means a seven-day calendar period, starting on Monday and continuing through Sunday.
(32) Weekday means any day of the week except Saturday or Sunday. (Ord. No. 93-164, ~
1(18.30.000),1-19-93; Ord. No. 98-313, ~ lA., 4-21-98)
SECTION 13. Chapter 51, Article VIII, Section 15-220, of the Federal Way City Code shall be
amended to read as follows:
15-220 Definitions.
Thc following '.Yords, terms, and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: 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.
Authorization means a notarized statement from a person with legal authority giving another person
legal authority to act on his or her behalf.
Costs of impoundment means the costs of removal, towing and storage incurred by a registered tow
truck operator in impounding a vehicle as provided for herein.
Court means the Federal Way municipal court.
Department means the Federal Way police department of public safety.
Director means the director of the Federal Way police department of public safety.
DWLS I means RCW 46.20.342(1)(a) or as hereafter amended.
DWLS 2 means RCW 46.20.342(1)(b) or as hereafter amended.
DWLS 3 means RCW 46.20.342(1)(c) or as hereafter amended.
Local ordinance means any ordinance or statute enacted by any town, city, municipality or county
regardless of what state the ordinance or statute is enacted in.
NVOL/No valid operator's license means RCW 46.20.005 or as hereafter amended.
Penalties, fines, and forfeitures mean monetary obligations in addition to costs of removal, towing
and storage of the vehicle. (RCW 46.55.110).
Registered tow truck operator means the towing company awarded the contract for performance of
impounds pursuant to FWCC 15-228(a), if the city manager exercises his or her option to seek bidders for
an exclusive towing contract, or any towing company which the director requests pursuant to FWCC 15-
228(b) to tow and impound vehicles. Registered tow truck operators shall hold a valid city of Federal
V/ay business license and be registered with the state of Washington pursuant to Chapter 46.55 RCW.
(Ord. No. 01-
SECTION 14. Chapter 15, Article VIII, Section 15-228, of the Federal Way City Code shall be
amended to read as follows:
15-228 Registered tow truck operators- Contracts, requirements.
(a) The city manager is authorized to seek a towing company or companies for one or more contracts
to be a city registered tow truck operator to perform towing and impounds pursuant to this chapter. Award
of any such contract or contracts shall be consistent with the city's adopted purchasing policies and
applicable state and local laws and policies, and be approved by the city manager or the city council, as
applicable. Registered tow truck operators shall hold a valid city of Federal Way business license and be
registered with the state of Washington pursuant to Chapter 46.55 RCW.
Ordinance No. 08-
Page II of90
(b) If the city manager determines not to enter into a contract for registered tow truck operator
services, the city manager may authorize the director to have any tow truck operator registered with the
state of Washington perform towing and impounds pursuant to this chapter.
(c) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant to this
chapter in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior to closing
any sale of an auctioned, impounded vehicle or transferring title thereto, the registered tow truck operator
shall release the vehicle to an individual possessing a valid Washington driver's license or a valid driver's
license from another state.
(d) Records.
(1) With respect to any sale at auction of a vehicle impounded under this chapter, all registered
tow truck operators shall record the date of sale, the vehicle identification number of each vehicle, the
name, address and telephone number of the registered owner of the impounded vehicle being auctioned,
as well as the name, address, driver's license number and date of driver's license expiration of each buyer.
Said record shall be submitted to the director on or before December 31 st of each calendar year.
(2) A registered tow truck operator shall maintain copies of all records of all sales required
pursuant to this chapter, for at least six years, and such records shall be open at all reasonable times to the
inspection of the designated official, or his or her duly authorized designees for inspection. (Ord. No. 01-
393, S 1,6-19-01; Ord. No. 03-456, S 3,12-2-03)
SECTION 15. Chapter 16, Article III, Section 16-76, of the Federal Way City Code shall be amended
to read as follows:
16- 7 6 Definitions.
The following ,>yords, terms and phrases, v/hen used in this article, shall have the meaRings ascribed to
them iR this section, except where the context clearly indicates a differeRt meaRing: 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.
Basin plan means shall mean the plan and all implementing regulations and procedures including but
not limited to land use management adopted by ordinance for managing surface and stormwater
management facilities and features within individual drainage basins.
Developed parcel means shall mean any parcel altered from the natural state by the construction,
creation or addition of impervious surfaces.
Impervious surface means shall mean a hard surface area which either prevents or retards the entry of
water into the soil mantle as it entered under natural conditions preexistent to development, and/or a hard
surface area which causes water to run off the surface in greater quantities or at an increased rate of flow
from the flow present under natural conditions preexistent to development. Common impervious surfaces
include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas,
concrete or asphalt paving, gravel roads, packed earthen materials and oiled, macadam or other surfaces
which similarly impede the natural infiltration of surface water. Open, uncovered retention/detention
facilities shall not be considered as impervious surfaces for the purpose of this article.
Land use code means sholl mean the type of development on a specific parcel of land as identified by
records maintained by the city as modified or supplemented by information resulting from investigation
by the surface water management division. Land use codes are preliminary indicators of the extent of
impervious surface and are used in the initial analysis to assign an appropriate rate category for a specific
parcel. "Service station," "single-family home" and "shopping center" are examples of land use codes.
Maintenance means shall mean the act or process of cleaning, repairing or preserving a system, unit,
facility, structure or piece of equipment.
Open space means shall mean any parcel, property or portion thereof classified for current use
taxation under the provisions of Chapter 84.34 RCW, or for which the development rights have been sold
Ordinance No. 08-
Page 12 of90
to the county under the provisions of the King County Code chapter 26.04. This definition includes lands
which have been classified as open space, agricultural or timber lands under criteria contained in Chapter
84.34 RCW.
Parcel means shull mcan the smallest separately segregated unit or plot of land having an identified
owner, boundaries and surface area which is documented for property tax purposes and given a tax lot
number by the county assessor.
Rate category means shall mean the classification in this article given to a parcel in the service area
based upon the type of land use on the parcel and the percentage of impervious surface area contained on
the parcel.
Residence means shall mcan a building or structure or portion thereof, designed for and used to
provide a place of abode for human beings. The term "residence" includes the term "residential" or
"residential unit" as referring to the type of or intended use of a building or structure.
Residential parcel means shall mean any parcel which contains no more than three residences or three
residential units which are within a single structure and is used primarily for residential purposes.
Retention/detention facilities means shall mcan facilities designed either to hold runoff for a short
period of time and then release it to the natural watercourse or to hold water for a considerable length of
time and disperse it by evaporation, plant absorption or infiltration into the ground.
Service area means shall mean the area described in exhibit A made a part of this article and on file in
the office of the city clerk.
Stormwater control facilities means shall mean any facility improvement, development, property or
interest therein, made, constructed or acquired for the purpose of controlling or protecting life or property
from any storm, waste, flood or surplus waters.
Surface and stormwater management system means shall mean the system comprised of stormwater
control facilities and any other natural features which store, control, treat and/or convey surface and
stormwater.
Undeveloped parcel means shall meun any parcel which has not been altered from its natural state by
the construction, creation, or addition of impervious surfaces. (Ord. No. 90-32, ~ 1,2-13-90)
SECTION 16. Chapter 18, Article II, Section 18-27, of the Federal Way City Code shall be amended
to read as follows:
18-27 Adoption by reference.
The city adopts by refercncc The following provisions of the , as now existing or amended, thc basic
requircmcnts of thc Washington Administrative Code are adopted by reference: applying to the State
Environmental Policy ,^.ct proccss as f-ollows:
(1) 197-11-040, Definitions.
(2) 197-11-050, Lead agency.
(3) 197-11-055, Timing of the State Environmental Policy Act process.
(4) 197-11-060, Content of environmental review.
(5) 197-11-070, Limitations on action during State Environmental Policy Act process.
(6) 197-11-080, Incomplete or unavailable information.
(7) 197-11-090, Supporting documents.
(8) 197-11-100, Information required of applicants.
(9) 197-11-158, GMA project review - Reliance on existing plans, laws, and regulations.
(10) 197-11-164, Planned actions - Definition and criteria.
(11) 197-11-168, Ordinances or resolutions designating planned actions - Procedures for adoption.
(12) 197-11-172, Planned actions - Project review.
(13) 197-11-210, SEPAlGMA integration.
(14) 197-11-220, SEPAlGMA definitions.
Ordinance No. 08-
Page 13 o{90
(15) 197-11-228, Overall SEP AlGMA integration procedures.
(16) 197-11-230, Timing of an integrated GMAlSEP A process.
(17) 197 -11-232, SEP AlGMA integration procedures for preliminary planning, environmental
analysis, and expanded scoping.
(18) 197-11-235, Documents.
(19) 197-11-238, Monitoring.
(20) 197-11-700, Definitions.
(21) 197-11-702, Act.
(22) 197-11-704, Action.
(23) 197-11-706, Addendum.
(24) 197-11-708, Adoption.
(25) 197-11-71 0, Affected tribe.
(26) 197-11-712, Affecting.
(27) 197-11-714, Agency.
(28) 197-11-716, Applicant.
(29) 197-11-718, Built environment.
(30) 197-11-720, Categorical exemption.
(31) 197-11-721, Closed record appeal.
(32) 197-11-722, Consolidated appeal.
(33) 197-11-724, Consulted agency.
(34) 197-11-726, Cost-benefit analysis.
(35) 197-11-728, County/city.
(36) 197-11-730, Decision maker.
(37) 197-11-732, Department.
(38) 197-11-734, Determination of non significance.
(39) 197-11-736, Determination of significance.
(40) 197-11-738, Environmental impact statement.
(41) 197-11-740, Environment.
(42) 197-11-742, Environmental checklist.
(43) 197-11-744, Environmental document.
(44) 197-11-746, Environmental review.
(45) 197-11-750, Expanded scoping.
(46) 197-11-752, Impacts.
(47) 197-11-754, Incorporation by reference.
(48) 197-11-756, Lands covered by water.
(49) 197-11-758, Lead agency.
(50) 197-11-760, License.
(51) 197-11-762, Local agency.
(52) 197-11-764, Maior action.
(53) 197-11-766, Mitigated determination of nonsignificance.
(54) 197-11-768, Mitigation.
(55) 197-11-770 , Natural environment.
(56) 197-11-772, National Environmental Protection Agency.
(57) 197-11-774, Nonproiect.
(58) 197-11-775, Open record hearing.
(59) 197-11-776, Phased review.
(60) 197-11-778, Preparation.
(61) 197-11-780, Private proiect.
(62) 197-11-782, Probable.
(63) 197-11-784, Proposal.
Ordinance No. 08- Page 14 0190
(64) 197-11-786, Reasonable alternative.
(65) 197-11-788, Responsible official.
(66) 197-11-790, State Environmental Policy Act.
(67) 197-11-792, Scope.
(68) 197-11-793, Scoping.
(69) 197-11-794, Significant.
(70) 197-11-796, State agency.
(71) 197-11-797, Threshold determination.
(72) 197-11-799, Underlying governmental action. (Ord. No. 90-40, S 1(20.20),2-27-90; Ord. No.
04-468, S 3, 11-16-04)
SECTION 17. Chapter 18, Article II, Section 18-28, of the Federal Way City Code shall be amended
to read as follows:
18-28 1-1dditional definitions. Definitions.
In addition to those definitions contained within W.'\C 197 II 700 through 197 II 799 as now existing
or amended, when used in this article the following terms shall have these meanings, unless the content
indicates othef\vise: Unless defined in WAC 197-11-700 through WAC 197-11-799, the definitions in
this section apply throughout this article unless the context clearly requires otherwise. Terms not defined
within WAC 197-11-700 through WAC 197-11-799 or in this section are defined according to FWCC 22-
I or 1-2, in that order.
Critical aquifer recharge area shall mean areas in which water reaches the zone of saturation by
surface infiltration. These areas are hydrogeologically susceptible to contamination and contamination
loading potential including but not limited to such areas as sole water source aquifer recharge areas,
special protection groundwater management areas, wellhead protection areas, and other areas "'lith a
critical recharging effect on aquifers used for potable water.
Dcpartment shall mean any division, subdivision or organizational unit of the city established by
ordinance, rule or order.
Early notice means shall mean the city's response to an applicant stating whether it considers issuance
of a determination of significance likely for the applicant's proposal.
Fish and wildlife habitat conservation area means shall mean the management of land for maintaining
species in suitable habitats within their natural geographic distribution so that isolated subpopulations are
not created. Habitat conservation areas include but are not limited to such areas as:
(1) Areas with which endangered, threatened, and sensitive species have a primary association;
(2) Habitats and species of local importance;
(3) Commercial and recreational shellfish areas;
(4) Kelp and eelgrass beds; herring and smelt spawning areas;
(5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish
or wildlife habitat;
(6) Waters of the state;
(7).Lakes, ponds and streams planted with game fish by a governmental or tribal entity;
(8) State natural area preserves and natural resource conservation areas; or
(9) Streams.
Frequently flooded area means shall mean lands in the floodplain subject to a one percent or greater
chance of flooding in any given year including but not limited to such areas as streams, lakes, coastal
areas and wetlands.
Geologically hazardous areas shall mean areas that, because of their susceptibility to erosion,
landsliding, seismic or other geological events, are not suited to siting commercial, residential or
Ordinance No. 08-
Page 15 0.f90
industrial development consistent with public health or safety concerns. Geologically hazardous areas
include the following areas:
(1) Erosion hazard areas are those areas having severe to very severe erosion hazard due to
natural agents such as ','lind, rain, splash, frost action or stream flow.
(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of
a mass of soil or rock including but not limited to the following areas:
a. .'\ny area ';'/ith a combination of:
1. Slopes greater than 15 percent;
2. Permeable sediment (predominately sand and gravel) overlying relatively impermeable
sediment or bedrock (typically silt and clay); and
3. Springs or groundwater seepage.
b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago
to the present, or ';'/hich is underlain by mass wastage debris of that epoch.
c. l~y area potentially unstable as a result of rapid stream incision, stream bailie erosion or
undercutting by wa':e action.
d. .'\ny area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flO'.vs or flooding.
e. Those areas identified by the United States Department of Agriculture Soil Conservation
Service as ha'.'ing a severe limitation for building site dcvelopment.
f. Those areas mapped as Class U (unstable), VOS (unstable old slides), and URS (unstable recent
slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall dW"ing seismic shaking.
(3) Seismio hazard areas are those areas subject to seyere risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlemcnt or soil liquefaction, or surface faulting.
These conditions oceur in areas underlain by cohesioiliess soils of low density usually in association with
a shallow groundwater table.
(1) Steep slope hazard areas arc those areas with a slope of 10 percent or greater and with a
vertical relief of 10 or more fect, a vertical rise of 10 feet or more for c','ery 25 feet of horizontal distance.
:\ slope is delineated by established its toe and top and measured by averaging the inclination oyer at least
10 feet of'lertical relief.
Regulated lakes shall mean Wetlands Nos. 821 1 26, 721 1 71, II 21 3 9, 11 21 3 2, 11 21 3 5,
13 21 3 12,921 1 38,1721 1 55,2021 1 57, and 2021 1 61 as shown in the June 19,1999, city of
Federal Way final vletland inventory report, except vegetated areas meeting the definition of "regulated
wetland" located around the margins of regulated lakes shall be considered regulated wetlands.
State Environmental Policy Act rules means shall mean Chapter 197-11 WAC adopted by the
Department of Ecology.
Stream shall mean courses or routes, formed by nature, including those modified by man, and
generally consisting of a channel with a bed, bailics or sides throughout substantially all their length, along
which surface waters naturally and normally flow in draining from higher to lower elevations. /\ stream
need not contain water year round. In a developing setting, streams may run in culverts or may be
channeled in a concrete, rock or other artificial conveyance system. Tills definition is not meant to include
irrigation ditches, stormwater facilities or other artificial ';'latercourses unless they are used by resident or
anadromous salmonid fish, or the feature vias constructed to convey natural streams which existed prior to
construction of the watercourse.
'."1 ellhead capture zone ~ shall mean an area in which ground','/ater is calculated to travel to a
pumping 'Nell. Capture zones are usually defined according to the time that it takes for water within a
particular zone to travel to a "vell. Calculated capture zones usually only approximate actual capture zones
as a result of assumptions required to conduct the calculation.
Ordinance No. 08-
Page 16 o{90
Wellhead protection area (\VHP.^.) ~ shall mean the surface and subsurface area surrounding a
'.vell or wellfield that supplies a public water system through which contaminants are likely to pass and
eventually reach the "vater "'/ell(s) as dcsignated under the Federal Clean Water Act.
VI etlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prc'/alence of
'/egetation typically adapted for life in saturatcd soil conditions. Wetlands generally include S';/amps,
marshes, bogs and similar areas.
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology publication No. 96 91) as set forth in V-lAC 173 22 080, as it exists as of November 1, 1999, or
as subsequently amended, will be used for identification and delineation of wetlands "'/ithin the city.
,\lthough a site specific wetland may not meet the criteria described above, it will be considered a
regulated wetland if it is functionally related to another wetland that meets the criteria.
Regulated '.vetlands means:
(l) Those wetlands, as described belo'lI, which fall into one or more of the follo'.ving categories:
a. Category I wetlands meet one of the following criteria:
I. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaceable
ecological functions, or exceptional local significance including but not limited to estuarine systems, peat
bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique
educational sites; or
3. Have three or more wetland classes, one of'lIhich is open '.vater.
b. Category II wetlands arc greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlands, and meet one of the following criteria:
1. ,'\Te contiguous with ,>vater bodies or tributaries to 'lIater bodies which under normal
circumstances contain or support a fish population, including streams '.vherc flow is intermittent; or
2. ,'\Te greater than one acre in size in its entirety; or
3. ,'\Te less than or equal to one acre in size in its entirety and have two or more wetland
classes, with neither class dominated by non nati'/e invasive species.
e. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics
of Category I or II wetlands.
(2) See definition of "regulated lakes."
Working day shall mean a day upon which the city is open for business. Other references to days refer to
calendar days. (Ord. No. 90 10, ~ 1(20.30), 2 27 90; Ord. No. 91 I 05, ~ 5(20.30), 8 20 91; Ord. No. 01
168, ~ 3, II 1601)
SECTION 18. Chapter 18, Article II, Section 18-116, of the Federal Way City Code is hereby
repealed as follows:
18 116 Definitions ,'\doption by refereaee.
The city adopts by reference the following sections of Chapter 197 11 \V,\C as now existing or amended,
and as supplemented in this chapter:
(l) 197 II 700, Definitions.
(2) 197 II 702, ,\ct.
(3) 197 11 701, .\ction.
(4) 197 11 706, ,\ddendum.
(5) 197 11 708, ,\doption.
(6) 197 11 710, ,^.ffected tribe.
(7) 197 11 712, ,\ffecting.
Ordinance No. 08-
Page 17 o{90
(8) 19711 711,,^.gency.
(9) 197 II 716, l\pplicant.
(10) 197 II 718, Built environment.
(11) 197 II 720, Catcgorical exemption.
(12) 197 11 721, Closed record appeal.
(13) 197 II 722, Consolidated appeal.
(11) 197 II 721, Consulted agency.
(15) 197 II 726, Cost benefit analysis.
(16) 197 11 728, CountyJcity.
(17) 197 II 730, Decision maker.
(18) 197 11 732, Department.
(19) 197 11 734, Determination of nonsignificance.
(20) 197 11 736, Determination of significance.
(21) 197 11 738, Environmental impact statement.
(22) 197 11 710, Enyironment.
(23) 197 11 712, Environmental checklist.
(21) 197 II 711, Em'ironmental document.
(25) 197 11 716, Environmental revicv/.
(26) 197 11 750, Expanded seoping.
(27) 197 11 752, Impacts.
(28) 197 11 751, Incorporation by reference.
(29) 197 11 756, Lands covered by water.
(30) 197 11 758, Lead agency.
(31) 197 11 760, License.
(32) 197 11 762, Local agency.
(33) 197 11 761, Major action.
(31) 197 11 766, Mitigated determination of nonsignificance.
(35) 197 11 768, Mitigation.
(36) 197 II 770, Natural environment.
(37) 197 II 772, National Ell'Iironmental Protection ,^.geney.
(38) 197 11 771, Nonproject.
(39) 197 11 775, Open record hearing.
(10) 197 11 776, Phased reviev/.
(11) 197 11 778, Preparation.
(12) 197 11 780, Private project.
(13) 197 11 782, Probable.
(11) 197 11 784, Proposal.
(15) 197 II 786, Reasonable alternati':e.
(16) 197 11 788, Responsible official.
(17) 197 11 790, State Environmental Policy ,^.ct.
(18) 197 11 792, Scope.
(19) 197 11 793, Scoping.
(50) 197 11 791, Significant.
(51) 197 11 796, State agency.
(52) 197 11 797, Threshold determination.
(53) 197 11 799, Underlying governmental action. (Ord. No. 90-40, S 1(20.260), 2-27-90; Ord. No. 04-
468, S 3,11-16-04)
Ordinance No. 08-
Page 18 of90
SECTION 19. Chapter 18, Article III, Section 18-163, of the Federal Way City Code shall be
amended to read as follows:
18-163 Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in this chapter, Chapter n P.liCC,
Chapter 90.58 RCW, and Chapter 173 26 V/.\C shall apply. Unless defined in WAC 197-11-700 through
WAC 197-11-799, the definitions in this section apply throughout this article unless the context clearly
requires otherwise. Terms not defined within WAC 197-11-700 through WAC 197-11- 799 or defined in
this section are defined according to Title 14 FWRC, Chapter 90.58 RCW, Chapter 173-26 WAC, FWCC
22-1, or FWCC 1-2, in that order.
Access:
(1) Public access means actuaL physicaL unobstructed access available to the general public from
land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark.
(2) Limited limited public access means:
(1) Uti Actual physical access from land to the ordinary high '.vater mark or to the wetland
directly abutting the ordinary high water mark, such access being public access limited to specific groups
of people or to certain regularly prescribed times; or
(2}{!21 Visual access available to the general public to the shoreline and adjacent water body,
such access being specifically provided for in the development of the site.
.\ccess: public access means actual unobstructed access available to the general public from land to
the ordinary high '.vater mark or to the \vetland directly abutting the ordinary high water mark.
Average grade level means, for structures built on land, the average of the natural or existing
topography at the center of all exterior walls of a building or structure to be placed on a site; provided,
that Q!:. in the case of structures to be built over water, average grade level shall be means the elevation ef'
of ordinary high water.
Backshore means a berm, together with associated marshes or meadows, on marine shores landward
of the ordinary high water mark which is normal above high tide level and has been gradually built up by
accretion.
Beach feeding means landfill deposited on land, or in the water, to be distributed by natural water
processes for the purpose of supplementing beach material.
Berm means one or several linear mounds of sand and gravel generally paralleling the shore at, or
landward of, the ordinary high water mark which are normally stable because of material size or
vegetation.
Breakwater means an off-shore structure, either floating or not, which mayor may not be connected
to the shore, such structure being designated to absorb and/or reflect back into the water body the energy
of the waves.
Bulkhead means a solid or open pile of rock, concrete, steel, timber, other materials, or a combination
of these materials erected generally parallel to and near the ordinary high water mark for the purpose of
protecting adjacent shorelands and uplands from waves or currents.
Class I beach means a beach or shore having dependable, geologically fully developed, and normally
dry back shore above high tide.
Class II beach means a beach or shore having only marginally, geologically partially developed, and
not dependably dry backshore above high tide.
Class III beach means a beach or shore having no dry backshore available at high tide.
Department means the department of community development, also known as the department of
community development services, unless the context indicates otherwise.
Environment, or master program environment, or shoreline environment means the categories of
shorelines of the state established by the city of Federal Way shoreline management master program to
Ordinance No. 08-
Page 19 of90
differentiate between areas whose features imply differing objectives regarding their use and future
development.
Float means a structure or device which is not a breakwater and which is moored, anchored, or
otherwise secured in the waters of Federal Way, and which is not connected to the shoreline.
Groin means a barrier type structure extending from the backshore into the water across the beach.
The purpose of a groin is to interrupt sediment movement along the shore.
Jetty means an artificial barrier used to change the natural littoral drift to protect inlet entrances from
clogging by excess sediment.
Littoral drift means the natural movement of sediment along marine or lake shorelines by wave
breaker action in response to prevailing winds.
Non-water-oriented uses means those uses which have little or no relationship to the shoreline and are
not considered priority uses under the SMA. Examples include professional offices, automobile sales or
repair shops, mini-storage facilities, multifamily residential development, department stores, and gas
stations.
Stringline setback means a straight line drawn between the points on the primary buildings having the
greatest projection (including appurtenant structures such as decks) waterward on the two adjacent
properties.
Water-dependent use means a use or portion of a use which cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations. Examples of water dependent
uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading
facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls.
Water-enjoyment use means a use that is open to the general public; in which the shoreline oriented
space within the proiect must be devoted to the specific aspects of the use that fosters shoreline
enioyment; and which either has (a) as a primary characteristic a public recreational use, or-Btflef f! use
facilitating public access to the shoreline as a primary characteristic of the usc; or (b) as a general
characteristic a use that provides fuF-recreational use or aesthetic enjoyment of the shoreline for a
substantial number of people as a gencral charactcristic of the use and which through the location, design
and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. ill
order to qualify as a watcr enjoyment use, thc use must bc open to thc general public and the shorcline
oriented space 'lIithin the project must be devoted to the specific aspects of the use that fosters shoreline
enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, and piers~ and other
impro','ements facilitating public access to shorelines of the state; and general General water-enjoyment
uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves,
resorts and mixed-use commercial,; provided, that where such uses conform to the above water
enjoyment specifications and the provisions of the master program.
Water-oriented means any combination of water-dependent, water-related, and/or water-enjoyment
uses, and serves as an all-encompassing definition for priority uses under the SMA.
Water-related means a use or portion of a use which is not intrinsically dependent on a waterfront
location but whose economic vitality is dependent upon a waterfront location because:
(1) Of a functional requirement for a waterfront location such as the arrival or shipment of
materials by water or the need for large quantities of water; or
(2) The use provides a necessary service supportive of the water-dependent commercial activities
and the proximity of the use to its customers makes its services less expensive and/or more convenient.
Examples include professional services serving primarily water-dependent activities and storage of water-
transported foods. (Ord. No. 98-323, ~ 3,12-1-98; Ord. No. 99-355, ~ 3,11-16-99)
SECTION 20. Chapter 19, Article IV, Section 19-151, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No. 08-
Page 20 o{90
19-151 Definitions.
For the purpose of this article the terms, phrases, words and their deriyations have the follo'.ving
definitions. When not inconsistent 'Nith the context, '.'lords used in the present tense include the future
tense, words in the plural rmmber include the singular number, and words in the singular rmmber include
the plural number. The "lord "shall" is alv/ays mandatory. The word "may" is permissive. The definitions
in this section apply throughout this article unless the context clearly requires otherwise. Terms not
defined here are defined according to FWCC 22-1 or 1-2 in that order. The public works director shall
have the authority to resolve questions of interpretation or conflicts within this article.
(I) Affected intersection means any intersection within the city meeting the requirements of FWCC
19-157 and having a direct traffic impact as a result of development activity.
(2) ,^.pplicant means a person who applies for a capacity reserve certificate (CRC) under this article
and who is the owner of the subject property or the authorized agent of the property owner.
(3) Background traffic means existing traffic levels and the anticipated traffic from all proposals for
which CRCs have been approved under the provisions of this article.
(1) Build-out year conditions means the volume of traffic that is projected to occur on the roadway
system as of the anticipated date of occupancy of a proposal. Traffic conditions include regional traffic
and the anticipated traffic from all proposals for which CRCs have been approved under the provisions of
this article.
(5) Capacity means the availability of an affected intersection to accommodate increased traffic
resulting from a development without causing the LOS to fall below the standards established in the
comprehensive plan.
( 6) Available capacity means capacity which can be encumbered, reserved, or committed to future
users, expressed in an appropriate unit of measure, such as p.m. peak hour trips.
(7) Reserved capacity means capacity which has been allocated to a particular property through
issuance of a capacity reserve certificate reserving capacity for a set period of time.
(8) Capacity reserve certificate (CRC) means the certificate issued by the city pursuant to the terms
and conditions of this article which constitutes the proof that adequate capacity for each affected
intersection has been reserved to serve the densities and intensities of development within the time frame
designated on the certificate.
(9) City of Federal Way development standards means those standards adopted by the Federal Way
public works director.
(10) Concurrency evaluation means the evaluation by the director to ensure that necessary roadway
improvements are made concurrent with proposed development activity, pursuant to RCW 36.70A.070.
(II) Concurrency denial letter means a letter issued by the director which summarizes the results of
the concurrency evaluation and the reason for denying the request for a concurrency reserve certificate.
(12) Concurrency management means the process local jurisdictions use to ensure that necessary
roadway improvements are made concurrent with proposed development activity, pursuant to RCW
36.70A.070.
(13) Dcvelopment activity means any work, condition, or activity which requires a permit or approval
under the city's subdivision, zoning, or building code. Exempt permits are set forth in FWCC 19 156.
(11) Development approval means written authorization from the city authorizing the commencement
of de':elopment activity or use.
(15) Development permit means any permit or approval under the city's subdivision, zoning, or
building code that must be obtained before initiating a use or development activity.
(16) Direct traffic impact means any net increase in vehicle traffic generated by a proposed
development.
(17) Director means the director of the department of public works of the city of Federal Way or
her/his designee.
(18) Level of service (LOS) means a qualitative measure describing operational conditions within a
traffic stream, described with alphabetical representations of "A" through "F" as defined in the Highway
Ordinance No. 08-
Page 210/90
Capacity Manual prepared by the Transportation Research Board of the National Research Council, to
indicate the amount of congestion and delay at particular locations, and adopted by the city.
(19) Net new trips means the trip generation of the development activity less any allowable credit for
existing activity that will be replaced, demolished or abandoned as part of the development activity.
(20) Owner means, in reference to real property, the person or persons holding fee title to the property
as '.veIl as the purchaser or purchasers under any real estate contract in','olving the real property.
(21) Peak hour means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00
p.m. on weekdays.
(22) Select zone analysis means a travel demand model analysis that identifies trips generated within
a selected transportation analysis zone.
(23) Six-year transportation improvement program (TIP) means the annually adopted transportation
improvement program which identifies all the city's transportation needs over the next six years,
including the total project costs.
(21) Standards means the adopted city of Federal Way development standards.
(25) Total project cost means the total cost for the transportation projects, as defined in the current
TIP. This cost includes, but is not limited to, studies, design, right-of-way acquisition, utility relocation,
grading, and construction.
(26) Transportation analysis zone means the area defined within a travel demand model representing
all the land uses contained within that area.
(27) Trip assignment means the determination within a travel demand model of the number and type
of trips using a defined roadway.
(28) Trip distribution means the determination within a travel demand model of the number and type
of trips traveling between any given pair of transportation analysis zones.
(29) Trip generation means the number of peak hour trips estimated to be produced by the
development activity using Institute of Traffic Engineers (ITE) Trip Generation, current edition, or other
methodology approved by the director.
(30) Trip generation credit means a reduction in the number of new peak hour trips attributed to an
application as described in FWCC 19-158, equal to the number of peak hour trips generated on the site
described on the application from uses that have had a SEP A analysis prior to the effective date of the
ordinance adopting this article that have ceased or will cease if the development permit is granted. (Ord.
No. 06-525, S 1 (Exh. A), 6-6-06)
SECTION 21. Chapter 20, Article I, Section 20-1, of the Federal Way City Code shall be amended to
read as follows:
20-1 Definitions.
The follov/ing words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in this
section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined
here are defined according to FWCC 22-1 or 1-2 in that order.
Binding site plan means a plan drawn to scale processed in accordance with the provisions of this
chapter and Chapter 58.17 RCW. Binding site plans are divisions of land for sale or ground lease for
commercial, industrial, manufactured home parks, and condominium use.
Dedication means the deliberate appropriation of land by its owner for general and public use or
purpose, reserving no other rights than these that are compatible 'Nith the full e~(ereise and enjoyment of
the public use or purpose to which the property has been devoted.
Department means an administrative department of the city titled the department of community
development services.
Director means the director of community development unless otherwise indicated.
Ordinance No. 08-
Page 22 of90
Final plat means the final drawing of the subdivision and dedication prepared for filing for record
with the county auditor and containing all elements and requirements set forth for final plats in this
chapter and as required by state law.
Hearing examincr means the hearing examiner operating pursuant to the powers and duties set forth
by Chapter 21 FWCC, Zoning.
Issuance, when used with respect to a decision of the director of community development services or
a decision of the hearing examiner issued under this chapter, means the date that is three days after the
dote the writtcn decision of the director or hearing examiner is mailed. Proof of mailing shall be affidavit
or by declaration under penalty of perjury.
Issuance, ",hen used with respect to a city council decision made by ordinance or resolution while
sitting in a quasi judicial capacity, means the date on which the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.
Lot means a parcel of land ha'/ing fixed boundaries described by ref-erence to a recorded plat; a
recorded binding site plan; by metes and bounds; or by section, to'.vnship, and range; and be of sufficient
area to meet minimum zoning requirements.
Lot line elimination means the removal of interior lot lines of two or more separate lots with
contiguous ownership.
Open record hearing means a hearing that creates the city's record of decision for an application or
appeal through testimony and submission of e',idence and information, under procedures prescribed by
the city's hearing examiner or the city council. An open record hearing may be held prior to the city's
decision on an application, or as part of an appeal.
Plat means a map or representation of a subdivision showing the division of a tract or parcel of land
into lots, blocks, streets, alleys, or other divisions and dedications.
Preliminary plat means a neat approximate drawing of a proposed subdivision showing the general
layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and
other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the
general layout of a subdivision.
Right of way means land dedicated or con','eyed to the public or a unit of gO'/emment, the primary
purposc of .which is the movement of ','ehicles and pedestrians and providing for access to adjacent
parcels, ','lith the secondary purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
Short plat means a final drawing of the short subdivision and dedication prepared for filing for record
with the county auditor and containing all elements and requirements set forth for short subdivisions in
this chapter and as required by state law.
Short subdivision means the division or redivision of land into four or less lots, tracts, parcels, sites,
or divisions for the purpose of sale, lease, or transfer~including the division divisions of land into lots or
tracts which are one-one hundred twentieth of a section of land or larger, or five acres or larger if the land
is not capable of description as a fraction of a section of land~; provided, that for For purposes of
computing the size of any lot under this section which borders on a street or road, the lot size shall be
expanded to include the area which would be bounded by the centerline of the road or street and the side
lot lines of the lot running perpendicular to such center lot line.
Subdivider, developer or platter means any person or authorized representative undertaking the
subdividing or resubdividing of a lot, block or other parcel of land.
Subdivision means the division or redivision of land into five or more lots, tracts, parcels, sites, or
divisions for the purpose of sale, lease, or transfer~ including the division and all resubdivision of land
except as pro',ided in this chapter including di','isions of land into lots or tracts which are one-one hundred
twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a
fraction of a section of land"--; provided, that for For purposes of computing the size of any lot under this
section which borders on a street or road, the lot size shall be expanded to include the area which would
Ordinance No. 08-
Page 23 of90
be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to
such center lot line.
Tract means a fractional part of subdivided lands having fixed boundaries, which is dedicated or
reserved by appropriate covenant or plat restriction for purposes of ingress, egress, utility access, open
space, drainage or other purpose necessary to the public welfare.
Zoning restriction means the restrictions contained in Chapter 22 FWCC, Zoning. (Ord. No. 90-41, S
1(16.20),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 98-309, S 3,1-6-98)
SECTION 22. Chapter 21, Article I, Section 21-1, of the Federal Way City Code shall be amended
and divided into separate sections to read as follows:
21-1 Definitions.
When used in this chapter, the f{)llo'.ving \'1ords, terms and phrases shall ha','e the meanings ascribed to
them in this section: The definitions in sections 21-1.1 through 21-1.26 apply throughout this chapter
unless the context clearly requires otherwise. Terms not defined in these sections are defined according to
FWCC 22-1, 18-27, 18-28, 18-163,20-1, or 1-2, in that order.
21-1.1 Definitions. A.
Abate means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a
civil violation by such means, in such a manner, and to such an extent as the director determines is
necessary in the interest of the general health, safety, and welfare of the community.
Adjustment means a department approved variation in the application of the requirements of this
chapter and the King County Surface Water Design Manual and Federal Way Addendum to a particular
project.
AK,^~T is an acronym for "all kno'.vn, available, and reasonable methods of prevention, control, and
treatment." ,^J(,^~T shall represent the most current methodology that can be reasonably required for
preventing, controlling, or abating the pollutants associated with a discharge. The concept of /\...T(./\RT
applies to both point and nonpoin1 sources of pollution.
/.pplicant means a property O\'1ner or a publio agency or public or private utility \yhich owns a right
of way or other easement or has been adjudicated the right to such an easement, or any person or entity
designated or named in writing by thc property or easement owner to be the applicant, in an application
for a development proposal, permit, or approval.
Approval means the proposed work or completed work conforms to this chapter in the opinion of the
public works director.
.^.quifer means a geologic stratum containing groundwater that can be withdrawn and used for human
purposes.
21-1.2 Definitions. B.
Background conditions means the biological, chemical, and physical conditions of a water body
outside the area of influence of the discharge under consideration. Background sampling locations in an
enforcement action would be up gradient or outside the area of influence of the discharge. If several
discharges to any water body exist, and enforcement action is being taken for possible violations to the
standards, background sampling would be undertaken immediately up gradient from each discharge.
When assessing background conditions in the headwaters of a disturbed watershed, it may be necessary to
use the background conditions of a neighboring or similar watershed as the reference conditions.
Base flood means the !! flood having a one percent chance of being equaled or exceeded in any given
year;, also referred to as the "IOO-year flood." The base flood is determined for future flow conditions.
Base flood is designated on flood insurance rate maps by the letters A or V.
Basin means any area draining to a point of interest.
Ordinance No. 08-
Page 24 0/90
Basin plan means a plan and all implementing regulations and procedures including but not limited to
capital projects, public education activities, land use management regulations adopted by ordinance for
managing surface and stormwater management facilities and features within individual sub-basins.
Berm means a constructed barrier of compacted earth.
Best management practices (BMP) (B.~fP's) means those practices which provide the best a':ailable
and reasonable physical, structural, managerial, or behavioral activity to reduce or eliminate pollutant
loads and/or concentrations leaving the site.
Blanket adjustment means an adjustment established by the city that can be applied routinely or
globally to all projects where appropriate. Blanket adjustments are usually based on a previously
approved adjustment and can be used to effect minor changes or corrections to the design requirements of
the King County Surface Water Design Manual, and Federal Way Addendum or to add new designs and
methodologies to that manual.
BMP Manual means the King County "Stormwater Pollution Control Manual" (and supporting
documents as appropriate) describing best management practices, design, maintenance, procedures, and
guidance.
21-1.3 Definitions. C.
Change of use shall be determined to have occurred when it is found that the general character of the
operation has been modified.
Channel means a long, narrow excavation or surface feature that conveys surface water and is open to
the air.
Chapter means Chapter 21 F\VCC any administrative rules and regulations adopted to implement it.
Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical
methods.
Closed depression means an area which is low lying and either has no surface water outlet or has such
a limited outlet, that during storm events the area acts as a retention basin, with more than 5,000 square
feet of water surface area at overflow elevation.
Commercial agriculture means those activities conducted on lands defined in RCW 84.34.020(2), and
activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be
considered commercial agriculture when the area on which it is conducted is proposed for conversion to a
nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal
or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals,
canals, or drainage ditches related to an existing and ongoing agricultural activity.
Construct or modify means to install a new drainage pipe/ditch or make improvements to an existing
drainage pipe/ditch (for purposes other than routine maintenance, repair, or emergency modifications, and
excluding driveway culverts installed as part of single-family residential building permits) that either
serve to concentrate previously unconcentrated surface and stormwater runoff to serve to increase,
decrease, and/or redirect the conveyance of surface and stormwater runoff.
Conveyance means a mechanism for transporting water from one point to another, including pipes,
ditches, and channels.
Conveyance system means the drainage facilities and features, both natural and constructed, which
collect, contain, and provide for the flow of surface and stormwater from the highest points on the land
down to a receiving water. The natural elements of the conveyance system include swales and small
drainage courses, streams, rivers, lakes, and wetlands. The constructed elements of the conveyance
system include gutters, ditches, pipes, channels, and most flow control and water quality treatment
facilities.
21-1.4 Definitions. D.
Detention means the release of surface and stormwater runoff from the site at a slower rate than it is
collected by the drainage facility system, the difference being held in temporary storage.
Ordinance No. 08-
Page 25 of90
Detention facility means a facility that collects water from developed areas and releases it at a slower
rate than it enters the collection system. The excess of inflow over outflow is temporarily stored in a pond
or a vault and is typically released over a few hours or a few days.
Development means any activity that requires a permit or approval, including but not limited to a
building permit, grading permit, shoreline substantial development permit, oonditional use permit, special
use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned
development, binding site plan, site deyelopment, or right of way use permit.
Director means the director of the city of Federal Way public works department.
Discharge n., means runoff, excluding off site flows, leaving the proposed development through
overland flow, built conveyance systems, or infiltration facilities.
Discharge v., means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to
cause or allow matter to flow, run, or seep from land or be thrown, drained, released, dumped, spilled,
emptied, emitted, or poured into water.
Ditch means a constructed channel with its top width less than 10 feet at design flow.
Drainage means the collection, conveyance, containment, and/or discharge of surface and stormwater
runoff.
Drainage area means an area draining to a point of interest.
Drainage basin means an area draining to a point of interest.
Drainage facility means a constructed or engineered feature that collects, conveys, stores or treats
surface and stormwater runoff. Drainage facilities shall include but not be limited to all constructed or
engineered streams, pipelines, channels, ditches, gutters, lakes, wetlands, closed depressions, flow control
or water quality treatment facilities, erosion and sedimentation control facilities, and other drainage
structures and appurtenances that provide for drainage.
Drainage review means an evaluation by Federal Way staff of a proposed project's compliance with
the drainage requirements in this chapter and the King County Surface Water Design Manual and Federal
Way Addendum.
21-1.5 Definitions. E.
Easement means the legal right to use a parcel of land for a particular purpose. It does not include fee
o'.vnership, but it may restrict the owner's use of the land.
Emergency means a situation which, in the opinion of the director, requires immediate action to
prevent or eliminate an immediate threat to the health or safety of persons, property or the environment.
Engineering review means an evaluation by the Federal Way Public Works Department of a proposed
project's compliance with the drainage requirements in the King County Surface Water Design Manual,
Federal Way Addendum, and with other Federal Way requirements.
Environmentally sensitive areas means, at a minimum, areas which include wetlands, areas with a
critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas,
frequently flooded areas, and geologically hazardous areas.
Erosion means detachment and transport of soil or rock fragments by '/later, wind, ice, etc.
Erosion and sediment control. means any temporary or permanent measures taken to reduce erosion,
control siltation and sedimentation, and ensure that sediment-laden water does not leave the site.
Experimental BMP means a BMP that has not been tested and evaluated by the Department of
Ecology in collaboration with local governments and technical experts.
Experimental design adjustment means an adjustment used for proposing new designs or methods which
are different from those in the King County Surface Water Design Manual, and Federal Way Addendum
which are not uniquely site specific, and for which data sufficient to establish functional equivalence do
not exist.
21-1.6 Definitions. F.
Ordinance No. 08-
Page 26 0{90
Farm management plan means a comprehensive site-specific plan developed by the farm owner in
cooperation with the city taking into consideration the land owner's objectives while protecting water
quality and related natural resources.
Federal Way Addendum to KCSWDM means the companion document to the KCSWDM that adapts
the KCSWDM for development applications in the city of Federal Way. This document can be obtained
from the Federal Way public works department.
FEMA means the Federal Emergency Management Agency.
Fertilizer means any material or mixture used to supply one or more of the essential plant nutrient
elements.
Financial guarantee means a form of financial security posted to ensure timely and proper completion
of improvements in compliance with the project's engineering plan, to ensure compliance with the
Federal Way City Code, and/or to warranty materials, workmanship of improvements and design.
Financial guarantees include assignments of funds, cash deposit, surety bonds, and/or other forms of
financial security acceptable to or required by the director of public works. The terms "performance
guarantee," "drainage facilities restoration and site stabilization guarantee," and "defect and maintenance
guarantee" are considered subcategories of financial guarantee. The term "financial guarantee" replaces
the term "bond" which had been used in prior editions ofthe King County Surface Water Design Manual.
Flood fringe means that portion of the floodplain outside of the floodway that is covered by
floodwaters during the base flood; it is generally associated with standing water rather than rapidly
flowing water.
Floodplain means the total area subject to inundation by the base flood including the flood fringe and
floodway.
Floodway means the channel of the river or stream and those portions of the adjoining floodplains
which are reasonably required to carry and discharge the base flood flow. The portions of the adjoining
floodplains which are considered to be "reasonably required" are defined by the city flood hazard
regulations.
Flow control facility means a drainage facility designed to mitigate the impacts of increased surface
and stormwater runoff generated by site development pursuant to the drainage requirements in Federal
Way regulations. Flow control facilities are designed either to hold water for a considerable length of time
and then release it by evaporation, plant transpiration, and/or infiltration into the ground, or to hold runoff
a short period of time and then release it to the conveyance system.
Forest practicefs1-means any activity conducted on or directly pertaining to forest land and relating to
growing, harvesting, or processing timber, as defined in Chapter 222 16 W,^.C.including but not limited
to. road and trail construction, harvesting, final and intermediate. pre-commercial thinning, reforestation,
fertilization, prevention and suppression of diseases and insects, salvage of trees, and brush control.
Forest practice shall not include: Forest species seed orchard operations and intensive forest nursery
operations; or preparatory work such as tree marking, surveying and road flagging; or removal or harvest
of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms,
and other products which cannot normally be expected to result in damage to forest soils, timber or public
resources.
Forest land means all land which is capable of supporting a merchantable stand of timber and is not
being actively used for a use which is incompatible with timber growing. Forest land does not include
agricultural land that is or was enrolled in the conservation reserve enhancement program by contract if
such agricultural land was historically used for agricultural purposes and the landowner intends to
continue to use the land for agricultural purposes in the future. For small forest landowner road
maintenance and abandonment planning only. the term "forest land" excludes the following:
(l) Residential home sites. A residential home site may be up to five acres in size, and must have
an existing structure in use as a residence;
Ordinance No. 08-
Page 27 0190
(2) Cropfields, orchards, vineyards, pastures, feedlots, fish pens, and the land on which
appurtenances necessary to the production, preparation, or sale of crops, fruit, dairy products, fish, and
livestock exist.
Full drainage review means the basic evaluation required by this chapter of a proposed project's
compliance with the full range of core and special requirements in the King County Surface Water Design
Manual and Federal Way Addendum. This review addresses the impacts associated with adding new
impervious surface and changing land cover on typical sites. Full drainage review is required for any
proposed project that would not be eligible or subject to one of the drainage reviews which targets certain
types of projects.
21-1.7 Definitions. G.
Grade n., means either the slope of a road, channel, or natural ground.,....+fle; or the finished surface of
a canal bed, roadbed, top of embankment, er bottom of excavation, or; any surface prepared for the
support of construction {such as paving or the laying of a conduit}.
Grade v., means to finish the surface of a canal bed, roadbed, top of embankment or bottom of
excavation.
Groundv/ater means ','/ater in a saturated zone or stratum beneath the surface of land or below a
surface v/ater body.
21-1.8 Definitions. H.
Harmful materials means substances that may create a public nuisance or constitute a hazard to
humans, animals, fish or fowl, or any solid dangerous or extremely hazardous waste, as defined by
Chapter 173-304 WAC (Minimum Functional Standards for Solid Waste Handling) or Chapter 173-303
WAC (Dangerous Waste Regulations). "Harmful materials" also include substances that, when released
into the environment, may cause noncompliance with Chapter 246-290 WAC (Public Water Supplies),
Chapter 173-200 WAC (Water Quality Standards for Ground Waters of the State of Washington),
Chapter 173-201 WAC (Water Quality Standards for Surface Waters of the State of Washington),
Chapter 173-204 WAC (Sediment Management Standards), or Chapter 173-340 WAC (The Model
Toxics Control Act Cleanup Regulation).
High-use site means anyone of the following:
(1) A commercial or industrial site subject to an expected average daily traffic (ADT) count equal
to or greater than 100 vehicles per 1,000 square feet of gross building area; or
(2) A commercial or industrial site subject to petroleum storage and transfer in excess of 1,500
gallons per year, not including routinely delivered heating oil; or
(3) A commercial or industrial site subject to use, storage, or maintenance of a fleet of 25 or more
diesel vehicles that are over 10 tons net weight (trucks, buses, trains, heavy equipment, etc.); or
(4) A road intersection with a measured ADT count of 25,000 vehicles or more on the main
roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects proposing
primarily pedestrian or bicycle use improvements.
21-1.9 Definitions. I.
Illicit discharge means all nonstormwater discharges to stormwater drainage systems that cause or
contribute to a violation of state water quality, sediment quality or groundwater quality standards,
including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car
washing and greywater systems.
Impervious surface means a hard or compacted surface area which either prevents or retards the entry
of water into the soil mantle as under compared to natural conditions prior to development,; andfer
includes a hard or compacted surface area which causes water to run off the surface in greater quantities
or at an increased rate of flow from the flow present under natural conditions prior to development.
Common impervious Impervious surfaces include, but are not limited to, pavement. gravel, roofs, reef
Ordinance No. 08-
Page 28 of90
~ walkways, patios, driveways, parking lots, eF storage areas, concrete, eF asphalt paving, gHWel
roads, packed earthen materials, ane-oiled surfaces, macadam, eF and other surfaces which similarly
impede the natural infiltration of surface 8fl6 or stormwater runoff. Open, uncovered flow control or water
quality treatments facilities shall not be considered impervious surfaces~ f5ee See also "new impervious
surface"j.
Improvement means those structures commonly provided v/hen land is con':erted from its natural to a
developed state. Examples include roads (with or 'lIithout curbs or gutters), sidewalks, crosswalks,
parking lots, '.vater mains, sanitary and storm sewers, drainage facilities, street trees, and other appropriate
~
21-1.10 Definitions. J.
21-1.11 Definitions. K.
King County Stormwater Pollution Control Manual (KCSPCM) also described as the "BMP manual,"
means the document prepared by King County and adopted by Federal Way, that describes best
management practices, design, maintenance, procedures, and guidance.
King County Surface Water Design Manual means the manual (and supporting documents as
appropriate) describing surface and stormwater design and analysis requirements, procedures, and
guidance, and which is formally adopted herein by the city of Federal Way. The King County Surface
Water Design Manual will be available from the King County department of development and
environmental services or the department of natural resources.
21-1.12 Definitions. L.
Lake means an area permanently inundated by water in excess of two meters (seven feet) deep and
greater than 20 acres in size as measured at the ordinary high water mark.
Landslide means episodic downslope movement of a mass of soil or rock~ and includes but is not
limited to rockfalls, slumps, mudflows, and earthflows.
Leachable materials, wastes, or chemicals means those substances which, when exposed to rainfall,
measurably alter the physical or chemical characteristics of the rainfall runoff; examples include erodible
soil, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, garbage dumpster
leakage, etc.
21-1.13 Definitions. M.
Metals means elements, such as mercury, lead, nickel, zinc and cadmium, that are of environmental
concern because they do not degrade over time. Although many are necessary nutrients, they are
sometimes magnified in the food chain, and they can be toxic to life in high enough concentrations.
Mitigation means the reduction of a potential impact by the use of any or all of the following actions
that are listed in descending order of preference:
(1 ) Avoiding the impact altogether by not taking a certain action or part of an action;
(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation,
by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
(3) Rectifying the impact by repairing, rehabilitating or restoring the sensitive area;
(4) Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the development proposal;
(5) Compensation for the impact by replacing, enhancing, or providing substitute sensitive areas;
(6) Monitoring the impact and taking appropriate corrective measures.
Monitoring means the collection and analysis of data by various methods for the purposes of
understanding natural systems and features, evaluating the impacts of development proposals on the
biological, hydrologic, and geologic elements of such systems, and assessing the performance of
mitigation measures imposed as conditions of development.
Ordinance No. 08-
Page 29 of90
21-1.14 Definitions. N.
National Pollutant Discharge Elimination System or NPDES means the national program for
controlling pollutant discharges into waters of the United States under the Clean Water Act.
National Pollutant Discharge Elimination System permit, or NPDES permit, means an authorization,
license, or an equivalent control document issued by the Environmental Protection Agency or the
Washington State Department of Ecology to implement the requirements of the NPDES program.
Natural location means the location of those channels, swales, and other non-manmade conveyance
systems as defined by the first documented topographic contours existing for the subject property, either
from maps or photographs, or such other means as appropriate.
New impervious surface means the addition of impervious surfaces a hard or compacted surface such
as pavement, gravel, dirt, or roofs, or the addition of a more impervious compacted surface, such as the
paving of pre-existing dirt or gravel.
Nutrient means one of the essential chemicals needed by plants or animals for growth. Excessive
amounts of nutrients can lead to degradation of water quality and excessive algae growth. Some
nutrients can be toxic at high concentrations.
21-1.15 Definitions. O.
Offsite flows means runoff conveyed to a proposed project from adjacent properties.
Omission means a failure to act.
Onsite means the site that includes the proposed development (see "site").
Ordinary high water mark means the mark that will be found by examining the bed and banks of a
stream and ascertaining "vhere the presence and action of v/ateTS are so common and usual, and so long
maintained in all ordinary years, as to mark upon the soil a character distinct from that of the abutting
upland, in respect to ',egetation. In any area v/here the ordinary high water mark cannot be found, the line
of mean high water shall substitute. In any area where neither can be found, the channel banIe shall be
substituted. In braided channels and alluvial fans, the ordinary high vlater mark or substitute shall be
measured so as to include the entire stream feature.
Overtopping means to flow over the limits of a containment or conveyance elements.
21-1.16 Definitions. P.
Person means any individual (including their agents or assigns), partnership, corporation, association,
business, organization, cooperative, public or municipal corporation, or government agency, how eyer
designated.
Pesticide means any substance (usually chemical) used to destroy or control organisms; include
herbicides, insecticides, algicides, fungicides, and others. Many of these substances are manufactured and
are not naturally found in the environment. Others, such as pyrethrum, are natural toxins which are
extracted from plants and animals.
Plat means a map or representation of a subdivision showing the division of a tract or parcel of land
into lots, blocks, streets, or other di'/isions and dedications.
Pollution means contamination or other alteration of the physical, chemical, or biological properties,
of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or
such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as
will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public
health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
Pollution-generating impervious surface means an impervious surface considered to be a significant
source of pollutants in surface and stormwater runoff, including but not limited to surfaces, whether
paved or not, that receive direct rainfall or the run-on or blow-in of rainfall and are regularly used either
by motor vehicles . Such surfaces include those subject to vehicular use or for the storage of erodible or
Ordinance No. 08-
Page 30 of90
leachable materials, wastes, or chemicals, and \-vhich receiye direct rainfall or the run on or blm" in of
rainfall. Regularly used surfaces include roads, unvegetated road shoulders, bike lanes within the traveled
lane of a roadway, driveways, parking lots, unfenced fire lanes, diesel equipment storage yards, and
airport runways. Regularly used surfaces do not include road shoulders primarily used for emergency
parking, paved bicycle pathways, bicycle lanes adiacent to unpaved or paved road shoulders primarily
used for emergency parking, fenced fire lanes, and infrequently used maintenance access roads. Thus, a
Examples include covered parking area areas would be in eluded if runoff from uphill could regularly run
through it them or if rainfall could regularly blow in and wet the pavement surface, as well as metal:
Metal roofs are also considered pollution generating impervious surface unless they are treated to prevent
leaching.
Pollution-generating pervious surface means a non-impervious surface with vegetative groundcover
subject to use of pesticides and fertilizers. Such surfaces include, but are not limited to, the lawn and
landscaped areas of residential or commercial sites, golf courses, parks, and sports fields.
Preapplication means the meeting(s) and/or form(s) used by applicants for some de'lelopment permits
to present initial project intentions to the city of Federal Way. Preapplication does not mean application.
Preapplication adjustment means an adjustment that can be requested prior to permit application. It is
useful for when an adjustment decision is needed to determine if a project is feasible, or "'/hen the
approyal conditions must be lmown to determine if a project is viable before funding a full application.
The approval of preapplication adjustments is tied by condition to the project proposal presented at a
preapplication meeting \-'lith the city.
Project means any proposed action to alter or develop a site which may also require drainage review.
Project site means that portion of a property or properties subject to proposed project improvements
including those required by this chapter.
21-1.17 Definitions. Q.
21-1.18 Definitions. R.
Receiving waters means bodies of water or surface water systems receiving water from upstream
manmade or natural systems.
Redevelopment means, on an already developed site, the creation or addition of impervious surface;
the expansion of a building footprint or addition or replacement of a structure; structural development
including an increase in gross floor area and/or exterior construction or remodeling, where the structural
development exceeds 50 percent of the assessed or appraised value of the structure or improvement being
redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance
activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water
systems; or land disturbing activities associated with impervious redcvclopment the creation, repair,
replacement, or addition of impervious surface.
Regional retention/detention system means a stormwater quantity control structure designed to
prevent or correct existing or future excess surface water runoff problems of a basin or sub-basin. The
area downstream has been previously identified as having existing or predicted significant and regional
flooding and/or erosion problems. This term is also used when a detention facility is used to detain
stormwater runoff from a number of different businesses, developments or areas within a catchment.
Regulated lakes moans the follovling wetlands as shov/ll in the King County Wetlands Imentory
Notebooks, Volume 3 South:
(1) LovlerPuget Sound 6, 7,12,15,16 and 17;
(2) Hylebos 2, 11, 13, and 16.
Retention means the process of collecting and holding surface and stormwater runoff with no surface
outflow.
Retention/detention facility (RID) means a type of drainage facility designed either to hold water for a
considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into
Ordinance No. 08-
Page 310190
the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the
surface and stormwater conveyance system.
Run-on or blow-in of rainfall means stormwater from uphill that could regularly run through an area,
or rainfall that could regularly be blown in and wet the pavement surface.
21-1.19 Definitions. S.
Scour means erosion of channel banks due to exceSSIve velocity of the flow of surface and
stormwater runoff.
Sediment means fragmented material which originates from weathering and erosion of [odes or
unconsolidated deposits, and which is transported by, suspended in, or deposited by water.
Sedimentation means the depositing or formation of sediment.
Shoreline substantial development is defined shall be as defined in RCW 90.58.030 except for those
activities exempted from the definition of substantial development in WAC 173-27-040 and for
developments exempted by RCW 90.58.140 (9) and (10). Chapter ll. FWCC.
Short subdivision (also knOVIll as a "short plat") shall be as defined in Chapter 2.Q FWCC.
Single-family residential means a project that constructs or modifies a single-family dwelling unit
and/or makes related onsite improvements, such as driveways, roads, outbuildings, play courts, etc., or a
project that creates single-family residential lots such as a plat or short plat.
Site means the legal boundaries of the parcel or parcels of land for which an applicant has or should
have applied fDr authority from Federal Way to carry out a development activity, including any drainage
improvements required by this chapter. This term is equi','alent to the term "subject property" as defined
in Chapter 22 FWCC, Zoning.
Site improvement plan consists of all the plans, profiles, details, notes and specifications necessary to
construct road, drainage structure~--aOO off-street parking improvements. A "modified site improvement
plan" means a limited or simplified "site improvement plan" used for some projects in targeted review
flftd,Lor where major improvements are not proposed.
Small site drainage review means a simplified alternative to full drainage review for small residential
building and subdivision projects that add between two and 10,000 square feet of new impervious surface.
The core and special requirements applied under full drainage review are replaced with simplified small
site requirements which can be applied by a non-engineer.
Soil means the unconsolidated mineral and organic material on the immediate surface of the earth that
serves as a natural medium for the growth of land plants.
Source control BMP means a BMP intended to prevent contaminants from entering surface and
stormwater and/or groundwater including the modification of processes to eliminate the production or use
of contaminants. An example would be using less toxic alternatives to current products or sweeping
parking lots instead of washing them. Source control BMPs can be either structural or nonstructural.
Structural source control BMPs involve the construction of a physical structure onsite, or other type of
physical modification to a site; for example, using a covered area or berm to prevent clean stormwater
from entering a work area.
State waste discharge permit means an authorization, license, or an equivalent control document
issued by the Washington State Department of Ecology in accordance with Chapter 1 73-216 WAC.
Stormwater means surface water. '.'later originating from rainfall and other precipitation that
ultimately flovls into drainage facilities, riyers, streams, ponds, lakes, and wetlands, or flows from springs
and seeps, as well as shallow groundwater.
Stormwater drainage system means constructed and natural features which function together as a
system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.
"Stormwater drainage system" includes both public and privately owned features.
Stormwater facility means a constructed component of a stormwater drainage system, designed or
constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are
not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins,
Ordinance No. 08-
Page 32 0.f90
constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular
pavement. Stormwater facilities are described in the stormwater management manual.
Stormwater System Operation and Maintenance Manual means the manual adopted by reference and
prepared by the city of Federal Way.
Stream means an area where surface waters produce a defined channel or bed. f. defined ohannel or
bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited
to, bedrock channols, gra';el beds, sand and silt beds, and defined channel s','iales. The channel or bed
need not contain water year round. This definition is not meant to include irrigation ditches, canals,
stormwater runoff devices, or other entirely artificial watercourses unless they are used by salmonids or
used to convey streams naturally occurring prior to construction. Those topographic features that
resemble streams but have no defined channels (e.g., swales) shall be considered streams when
hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a
defined channel after development.
Subdivision (also lmown as "plat") shall be as defined in Chapter 2Q FWCC.
Subj ect to vehicular use as used in the definition of pollution generating impervious surface, means a
surface that is regularly used by motor vehicles, whether paved or not. The f-ollowing arc considered
regularly used surfaces: roads, unvegetated road shoulders, bike lanes within the traveled lane of a
roadway, dri';eways, parking lots, unfenced fire lanes, diesel equipment storage yards, and airport
runways. The following are not considered regularly used surfaces: road shoulders primarily used for
emergency parking, paved bicycle pathw"ays, bicycle lanes adjacent to unpaved or paved road shoulders
primarily used for emergency parking, fenced fire lanes, and infrequently used maintenance access roads.
Surface water and stormwatcr means water storm''vater originating from rainfall and other
precipitation that ultimately flows into drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and
wetlands as well as shallow groundwater.
21-1.20 Definitions. T.
Targeted drainage review means an evaluation required by this chapter for certain types of proposed
projects where drainage review is abbreviated to address only those requirements that would apply to
those projects. Projects subject to this type of drainage review are typically small-site proposals or other
small projects that have site-specific or project-specific drainage concerns that must be addressed by a
licensed civil engineer or public works review staff.
Toxic means poisonous, carcinogenic, or otherwise directly harmful to life.
Treatment BMP means a BMP intended to remove contaminants once they are already contained in
stormwater. Examples of treatment BMPs include oil/water separators, biofiltration swales, and wet-
settling basins.
21-1.21 Definitions. U.
Utility means the Federal Way surface water management utility.
21-1.22 Definitions. V.
Vegetation means all organic plant life growing on the surface of the earth.
21-1.23 Definitions. W.
Watershed means the geographic region from which water drains toward a central collector such as a
stream, river, lake, or salt water.
Wctland edge means the line delineating the outer edge of a wetland established by usiRg the Federal
Manual for Identifying and Delineating Jurisdictional '.'1 etlands (January 10, 1989), jointly published by
the U.S. Enyironmental Protection ,^.gency, the u.s. Fish and Wildlife SOl-vice, the U.S. ,^.rrny Corps of
Engineers, and the U.S. Soil Conservation Service.
Ordinance No. 08-
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Wetlands means those areas that are inundated or saturated by surface or ground'.vater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
',egetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. (U.S. ,^J111Y Corps of Engineers Regulation 33 CFR 328.3 (1988)).
Wetlands in Federal Way include all area waterward from the 'lIetland edge. Where the '/egetation has
been removed, a wetland shall be determined by the presence of hydrio soils, as well as other
documentation of the previous existence of wetland vegetation such as aerial photographs. This definition
shall not conflict vl'ith Federal Way zoning code (Chapter 21 F'NCC).
21-1.24 Definitions. X.
21-1.25 Definitions. Y.
21-1.26 Definitions. Z.
(Ord. No. 99-352, ~ 3, 11-16-99)
SECTION 23. Chapter 21, Article V, Section 21-103, of the Federal Way City Code shall be
amended to read as follows:
21-103 Definitions.
The following words, terms and phrases, ..'then used in this article, shall have the meanings ascribed
to them in this article, except 'Nhere the context clearly indicates a different meaning. Unless specifically
defined below, terms or phmscs used in this article shall be interpreted so as to give them the meaning
they have in common usage and to gi'/e this article its most reasonable application. The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 22-1, 21-1, or 1-2 in that order,
Actual start of construction means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. any
work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation. such as clearing. grading and filling:; nor does
it include the installation of streets and/or walkways; nor does it include excavation for a basement.
footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings. such as garages or sheds not occupied as dwelling units or not part of
the main structure. Actual start of construction for a substantial improvement. means the first alteration of
any wall. ceiling, floor. or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
Appeal means a request for a review of the interpretation of any provision of this article or a request
for a variance.
Area of shallow flooding means designated as AO or AH zone on the flood insurance rate map
(FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a
clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown
with standard base flood elevations.
Area of special flood hazard means the land in the flood plain within a community subject to a one
percent or greater chance of flooding in any given year. Designation on maps always includes the letters
AorV.
. Base flood means the flood having a one percent chance of being equaled or exceeded in any given
year (also referred to as the "100-year flood"). Designated on flood insurance rate maps by the letters A
orV.
Ordinance No. 08-
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Basement means any area of the building having its floor sub-grade (below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces, without causing
damage to the elevated portion of the building or supporting foundation system.
Coastal high hazard area means an area of special flood hazard extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. The area is designated on the FIRM as zone VI-30, VE or V.
Critical facility means a facility for which even a slight chance of flooding might be too great. Critical
facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency
response installations, and installations which produce, use, or store hazardous materials or hazardous
waste.
Development means any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, pa'ling, excavation or drilling
operations or storage of equipment or materials located within the area of special flood hazard.
Director means the director of the city of Federal Way community development department or his or
her designee.
Elevated building means, for insurance purposes, a nonbasement building that has its lowest elevated
floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
Elevation certificate means the official form (FEMA Form 81-31) used to track development, provide
elevation information necessary to ensure compliance with community floodplain management
ordinances, and determine the proper insurance premium rate with Section B completed by Federal Way.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed before the effective date of the adopted
floodplain management regulations.
Expansion to an existing manufactured home park or subdivision means the preparation of additional
sites by the construction of facilities for servicing the lots on ~hich the manufactured homes are to be
affixed (including the installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(I) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
Flood insurance rate map (FIRM) means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
Flood insurance study (FIS) means the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood boundary-floodway m?p, and the water surface
elevation of the base flood.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.
Lowest floor means the lowest floor of the lowest enclosed area (including basement), except that
where an Afl unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building's lowest floor;
provided, that such enclosure is flet built so as to render the structure in violation of in compliance with
the applicable non-elevation design requirements of this article f{mnd at FWCC 21-113( I )(b ), the next
lowest enclosed area is the lowest floor. (i.e., provided there arc adequate flood ventilation openings).
Ordinance No. 08-
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Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities,--. The term "manufactured home" but does not include a "recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
New construction means structures for which the "start of construction" commenced on or after the
effective date of the ordinance codified in this article.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain
management regulations.
Recreational vehicle means a vehicle:
(l) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Start of construction includes substantial improvement, and means the date the building permit was
issued, provided where the actual start of construction, repair, reconstruction, placement or other
improvement was occurs within 180 days of the permit date~ See also "actual start of construction." +he
"actual start" means either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond
the stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it include
the installation of streets and/or 'Nalhvays; nor does it include exeavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the "actual start" of construction, means the first alteration of
any ',yall, ceiling, floor, or other structural part of a building, 'Nhether or not that alteration affects the
external dimensions of the building.
Structure means a walled and roofed building, including a gas or liquid storage tank that is principally
above ground.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial improvement means any repair, reconstruction, or improvement of a structure, including
any repair or reconstruction, where the cost ofwhieh the improvement equals or exceeds 50 percent of the
market value of the structure either.;
(l) Before before the improvement orrepair is started~, or,jf
(2) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition "substantial improvement" is considered to_occur when the first alteration of
any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term can exclude: Substantial improvement does not include:
~ Any project for improvement of a structure to correct pre-cited existing violations of state or local
health, sanitary, or safety code specifications which have been previously identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions; or f4j Any
alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic
Places.
Ordinance No. 08-
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Substantial improvement begins when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects the external dimensions of the
structure.
Variance means a grant of relief from the requirements of this article that permits construction in a
manner that would otheIWise be prohibited by this article.
Water dependent means a structure for commerce or industry that cannot exist in any other location
and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. No. 06-536, S
2(Exh. A), 11-7-06)
SECTION 24. Chapter 22, Article I, Section 22-1, of the Federal Way City Code shall be amended to
read as follows:
22-1 Definitions.
The follov/ing words, terms and phrases, 'lInen used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in
sections 22-1.1 through 22-1.26 apply throughout this chapter unless the context clearly requires
otheIWise. Terms not defined in these sections are defined according to FWCC 1-2.
22-1.1 Definitions. A.
Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or
structure on that property, without any intention of transferring rights to the property or structure to
another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall
include includes but ~not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage
foreclosure.
Abandoned personal wireless service facility means a PWSF that meets the following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60
or more consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support
structure; or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of
60 or more consecutive days.
Accessory means a use, activity, structure or part of a structure which is subordinate and incidental in
size, scale, design, or purpose to the main acti';ity principal use or structure on the subject property~, and
supports the principal use or structure without displacing or dominating it. See FWCC 22-946. Generally,
accessory uses, facilities and acti'/ities normally associated \-yith a permitted use are permitted as part of
that use.
Accessory dwelling unit (ADU) means either a freestanding detached structure, excluding outdoor
storage containers and similar structures used or designed to be used as living facilities, or an attached
part of a structure which is accessory, subordinate, and inoidental to the main or primary dwelling unit
located on the subject property, providing complete, independent living facilities exclusively for one
single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation.
See FWCC 22-965. ADD's include:
(1) ADD, detached means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
(2) ADD, attached means an accessory dwelling unit that has one or more vertical and/or
horizontal walls, in common with or attached to the primary dwelling unit.
l\ccessory hardship dwelling unit means an attached i\DU which satisfies the criteria set :forth in
FWCC 22965.
Ordinance No. 08-
Page 370190
Accessory living facility means an area or structure on the subject property, which is accessory to a
permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and
sanitation for an employee on the subject property and that employee's family, or for the business
owner/operator and that person's family.
Active usefsj means uses that by their very nature generate activity, and thus opportunities for natural
surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
Administrator for the purpose of sign regulations means the director or his/her designated
representative.
Adjoining means property that touches or is directly across a street from the subject property. For the
purpose of height regulations, any portion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoining that zone.
Adult entertainment activity or use shall mean all of the following:
(l) Adult theater shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas (defined as follows) for observation by patrons
therein and which excludes minors by virtue of age.
a. Specified anatomical areas shall mean both of the following:
1. When less than completely and opaquely covered:
i. Human genitals or pubic region;
ii. Human buttock;
iii. Human female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
b. Specified sexual activities shall mean all of the following:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast.
(2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a
substantial or significant portion of its stock and trade books, magazines or other periodicals, which are
distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" and which excludes minors by virtue of age.
(3) Adult cabaret shall mean a cabaret, nightclub or other establishment which features go-go
dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who
are so clothed or dressed as to emphasize specified anatomical areas and/or whose performances or other
activities include or mimic specified sexual activities and which establishment excludes minors by virtue
of age.
;\ctivities and uses defined as "adult entertainment activity or use" are only permitted in the zone
where that term is specifically listed as an allov/able use and only in conformance to the requirements as
stated for that use.
Adult-oriented merchandise shall mean any goods, products, commodities, or other wares, including,
but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or
nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified
sexual activities" (defined below).
Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones.
Air rights means the right to, in some manner, control the use of the space above the surface of the
ground.
AKART means "=all known, available and reasonable methods of prevention, control and
treatment", and is the most current methodology that can be reasonably required for preventing,
controlling, or abating the pollutants associated with a point or nonpoint discharge. as interpreted in W/\C
Ordinance No. 08-
Page 38 of90
173 20L'\ 020. This is a technology based approach to limiting pollutants from wastey/ater discharges,
which requires both an engineering and economic judgment. See also best management practices.
Alluvium means soil deposits transported by surface waters.
Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limited to:
(1) Omni-directional (or "whip") antenna(s) transmits and receives radio frequency signals in a 360-
degree radial pattern.
(2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific
directional pattern of less than 360 degrees.
(3) Parabolic (or "dish") antenna(s) is a bowl-shaped device for the reception and/or transmission of
communications signals in a specific directional pattern.
(4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not
directly used to provide personal wireless communications services. An example would be a global
positioning satellite (GPS) antenna.
Antique or collectible means any article which, because of age, rarity, or historical significance, has a
monetary value greater than its original value, or which has an age recognized by the United States
government as entitling the article to an import duty less than that prescribed for contemporary
merchandise. ,,\ store or shop selling only such articles, or offering them for sale, shall be considered as a
dealership selling antiques or collectibles and not as a dealership selling second hand merchandise.
,\pplicant means both of the following, dopending on the content:
(I) ,\ person who applies for any permit or approval to do anything goyerned by this chapter, which
person llRlst be the owner of the subject property, the authorized agent of the owner, or the city.
(2) ,^~y person Y/ho is engaging in an activity governed by this chapter or '.vho is the O'1lller of
property subject to this chapter.
Applicant means a person who, whether personally or through an agent, seeks, requests, or applies for
any permit, approvaL license, franchise, development proposaL or capacity reserve certificate (CRC); a
person who is the owner of property subject to this chapter, and a person who is engaged, whether
personally or through an agent, in development activity. Applicant includes both the principal and any
agent.
Aquifer means a geological formation that is capable of yielding a usable amount of fresh water to a
well or spring. a water bearing porous soil or rock strata capable of yielding a significant amount of
groundwater to wells or springs.
Arcade means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
Architectural embellishments for sign regulations mean the aesthetic elements of the structure that
includes or encloses a sign. They do not include any COPy, text, logos, graphics, or other elements of the
sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements
surrounding or supporting the sign.
Average building elevation (ABE) means a reference datum on a subject property from which
building height is measured. l\BE is the average of the highest and lowest existing or proposed
elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it meanst
provided, that ,'\BE shall not be greater than five feet above the lowest of the existing or proposed
elevation elevations; whichever is lowest. ABE is the elevation from which building height is measured.
Average slope means the average grade of land within each land area representing a distinct
topographical change.
Awning means a nonrigid, roof-like cover that projects from a building as a shelter, but that does not
project above the adjacent parapet or roof of a supporting building.
Ordinance No. 08-
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22-1.2 Definitions. B.
Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining
wall or foundation.
Balloon means an inflatable device, generally composed of a thin layer of latex or mylar, into which a
gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also
"Inflatable advertising device. ")
BMPs or best management practice(s) means maintenance measures and operational practices that arc
considered the most effective, practical means of preventing or reducing pollution from nonpoint or point
sources. BMPs arc defined by trade organizations, goyernment agencies, and other organizations involved
in pollution prcvention and environmental regulation. Best management practices (BMP's) means those
practices which provide the best available and reasonable physical, structural, managerial, or behavioral
activity to reduce or eliminate pollutant loads and/or concentrations leaving a site.
Building means a roofed structure used for or intended for human occupancy any structure having a
roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment. goods, or materials of any kind.
Building mounted signs means all of the following: wall mounted signs, marquee signs, under
marquee signs and projecting signs.
Bulkhead means a wall or embankment used for retaining earth.
Business or vocational school means a post-secondary institution that offers instruction in business
principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial,
accounting, purchasing, computer programming or usage, or training in fields such as health services,
restaurant management, real estate, beautician training, or professional training or continuing education in
these or similar fields.
22-1.3 Definitions. C.
Canopy means a permanent. rigid, roof-like structure that projects from a building as a shelter, with
no habitable space above it. but that does not project above the adjacent parapet or roof of a supporting
building. A freestanding canopy is a rigid roof-like structure providing shelter that is supported by one or
more posts embedded in the ground.
Cargo containers - See Outdoor Storage Containers and Portable Moving Containers.
Cell-on-wheels (C-O-W) means a mobile temporary personal wireless service facility.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses,
when operated in conjunction with and within boundaries of such cemetery.
Change of use means a change of use determined to have occurred ,,,hen it is found that the general
character of the operation a use has been modified. This determination shall include but not be limited to
!! review of, but not be limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation;
(4) General appearance;
(5) Type, extent or amount of indoor or outdoor storage; and
(6) Constituents of surface water discharge or runoff.
Church, synagogue or other place of religious worship means an establishment, the principal purpose
of which is religious worship and for which the principal building or other structure contains the
sanctuary or principal place of worship, and which establishment may include related accessory uses.
Class I home occupation means those home businesses that qualify as home occupations under this
zoning chapter, except family child care homes.
Class II home occupation means those family child care homes that qualify under FWCC 22 1069.
Ordinance No. 08-
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Clearview zone means the areas around intersections, including the entrance of driveways onto
streets, which must be kept clear of sight obstruction. See FWCC 22-1151.
College or university means a post-secondary institution for higher learning that grants associate or
bachelor degrees and may also have research facilities and/or professional schools that grant master and
doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or
certificates of completion in business or technical fields.
Collocation means the placement and arrangement of multiple providers' antennas and equipment on
a single support structure or equipment pad area.
Commercial recreation facility means an indoor facility and use operated for profit, with private
facilities, equipment or services for recreational purposes including swimming pools, tennis courts,
playgrounds and other similar uses. The use of such an area may be limited to private membership or may
be open to the public upon the payment of a fee.
Commercial use means the uses allowed in the commercial zones and the nonindustrial uses
permitted in the commercial enterprise zone and not permitted in any other zones of the city.
Commercial vehicle means, unless exempted by FWCC 22 1176 and 22 1178, any truck over 10,000
pounds gross vehicle weight rating (GVWR), as defined in RCW 46.25.010, the Revised Code of
Washington (RCW), the principal use of which is typically used principally for the transportation of
commodities, vehicles, merchandise, produce, freight, or animals; ef as well as any bulldozers, backhoes,
cranes, ana or similar construction equipment.
Commercial zones means the BN, BC, CC-C and CC-F zoning districts.
Common space means an area within a development, which is used primarily by the occupants of that
development, such as an entryway, lobby, courtyard, outside dining area, etc.
Common recreational open space usable for many activities means any area available to all of the
residents of the subject property that is appropriate for a variety of active and passive recreational
activities (including activities suitable for all age groups) and is not:
(1) Covered by buildings or parking or driving areas.
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
Community recreation area or clubhouse means an area devoted to facilities and equipment for
recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and
other similar uses, which area is maintained and operated by a nonprofit club or organization whose
membership is limited to the residents within a specified development or geographic area.
Community service event or civic event means an event or gathering (such as a food fest, concert, fun
run, cultural exhibition, or charitable fund raising event) sponsored by a private or public nonprofit
organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic
fraternal organizations, theater and arts groups, and charitable organizations. The event may not be
primarily for the purpose of selling or promoting merchandise or services.
Comprehensive plan means the ordinances of the city, as adopted and amended from time to time,
under RCW 35A63.060 through 35A65.080 and the shoreline master program.
Contour line means the interconnection of points having the same height above sea level.
Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients
who are recovering from an illness or who are receiving care for chronic conditions; mental, physical,
emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include
assisted living facilities.
Copy for signs means the graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic form.
Cottage housing development (CHD) means residential development consisting of clusters of
between four and 16 detached dwelling units, that includes cottages and may include compact single-
family units and meets the following criteria:
(1) Dwelling units are limited to a maximum square footage; and
Ordinance No. 08-
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(2) Dwelling units are grouped around a common open space; and
(3) Developments meet a set of design criteria not applicable to typical single-family
developments as stipulated in Article XII of this chapter.
Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface
infiltration. These areas are and include areas hydrogeologically susceptible to contamination and
contamination loading potential including, but not limited to, such areas as sole water source aquifer
recharge areas, special protection groundwater management areas, wellhead protection areas, and other
areas with a critical recharging effect on aquifers used for potable water.
Cross-section (drawing) means a visual representation of a vertical cut through a structure or any
other three-dimensional form.
Curb cut means the connection of a driveway with a street, which may entail a structural alteration to
the curb by lowering the height of part of the curb.
22-1.4 Definitions. D.
Day care facility means the temporary, nonresidential care of persons in a residence or other structure
on a regular, recurring basis.
Dedication means the deliberate appropriation of land by its owner for public use or purpose,
reserving no other rights than those that are compatible with the full exercise and enjoyment of the public
uses or purposes to which the property has been devoted.
Deleterious substance includes, but is not limited to, chemical and microbial substances that are
classified as hazardous materials under this section, "hazardous materials," whether the substances are in
usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which
monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC.
Development means any human activity consisting of any construction, expansion, reduction,
demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or
structure; any human caused change to land whether at, above, or below ground or water level; and any
use, or change in use, of land whether at, above, or below ground or water level. Development includes,
but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision
ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master
program, surface water ordinances, planned unit development ordinances, binding site plan ordinances,
and development agreements; including but not limited to any activity that requires a building permit,
grading permit, shoreline substantial development permit, conditional use permit, special use permit,
zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding
site plan, site development, or right-of-way use permit. Development also includes, but is not limited to,
filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of
obstructions to any right of public use, and the storage of equipment or materials.
De'/elopment activity means any work, condition or activity v/hich requires a permit or approval
under this chapter or the city's building code.
Development permit means any permit or appro'/al under this chapter or the city's building code that
must be obtained before initiating a use or developmcnt activity.
Development regulation means controls placed on development or land use, but does not include
decisions to approve a proiect permit application even though they may be expressed in a resolution or
ordinance.
Director means the director of the department of community development, also known as the
department of community development services, unless the context indicates otherwise.
Domestic animal means an animal which can be and is customarily kept or raised in a home or on a
farm.
Domestic violence shelters means housing for adult women or men and their dependent children, if
any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other
of the adult victim.
Ordinance No. 08-
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Dredging means removal of earth and other materials from the bottom of a body of water>-..i! er
watercourse-,-or frem a wetland.
Dredging spoils means the earth and other materials removed from the bottom of a body ofwater,J! er
watercourse-,-or frem a wetland by dredging.
Driveway means an area of the subject property designed to provide vehicular access to a parking
area or structure located on the subject property.
Dry land means the area of the subject property landward of the high water line.
Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes and
outdoor storage containers and similar structures used or designed to be used as living facilities. providing
complete, independent living facilities exclusively for one family, including permanent provisions for
living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a
dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured
home established in RCW 35A63.l45. There are the following eight types of dwelling units:
(l) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common
with or attached to one or more other dwelling units or other uses and does not have other dwelling units
or other uses above or below it.
(2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to
any other dwelling unit or other use.
(3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in
common with or attached to one or more other dwelling units or other uses and may have one or more
vertical walls in common with or adjacent to one or more other dwelling units or other uses.
(4) Dwelling unit, multifamily, means a building containing two or more dwelling units, which
are either attached or stacked. See definition of "dwelling unit, townhouse."
(5) Dwelling unit, multiple unit housing, means dwelling unit, multifamily.
(6) Dwelling unit, small lot detached, means detached residential dwelling units developed on
multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit's
sides may rest on a lot line (zero lot line) when certain site development conditions are met.
(7) Dwelling unit, townhouse, means a type of attached multifamily dwelling in a row of at least
two such units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant
walls.
(8) Dwelling unit, zero lot line townhouse, means attached residential dwelling units with
common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the
dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street,
alley, or private tract) and, typically, each house is a complete entity with its own utility connections.
Although most townhouses have no side yards, they have front and rear yards. The land on which the
townhouse is built, and any yard, is owned in fee simple.
22-1.5 Definitions. E.
Easement means the right to use the real property of another for a specific purpose. land '.vhich has
specific air, surface or subsurface rights conveyed for use by someone other than the owner ofthe subject
property or to benefit some property other than the subject property.
EMF means electromagnetic field, which is the field produced by the operation of equipment used in
transmitting and receiving radio frequency signals.
Equipment shelter means the structure associated with a PWSF that is used to house electronic
switching equipment, cooling system and back-up power systems.
Erosion and deposition means the removal and transport of soils or rock fragments and the placement
of these remoyed soils elsewhere by water, wind, ice, or similar the natural forces of wind or water.
Essential public facility is any facility or conveyance that '.vhich has the following attributes:
Ordinance No. 08-
Page 430190
(l) It--ts fLtypically difficult to site due to unusual site requirements and/or significant public
opposition;
(2) It--ts Is a necessary component of a system, network or program which provides a public
service or good;
(3) It---ffi Is owned or operated by a unit of local or state government, fLprivate or nonprofit
organization under contract with a unit of government or receiving government funding, or private firms
subject to a public service obligation; and
(4) It mcets a general and/or specific category for facility types or indiyidual facilities listed
below in Meets the following definitions of either a Class I anti or a Class II essential public facility:
facilitics.
a. Class I facilities are those facilities: Facilitics of a county, regional or state-wide nature~
Those csscntial public facilitics intended to serve a population base that extends significantly beyond the
boundaries of the city. Class I facilities, and which may include several local jurisdictions or a significant
share of the Puget Sound regional population. Such facilitics and may include, but are not limited to, the
following:
1. State or regional education facilities (except minor branch facilities). including: .,i.
Research facilities~~H:-University branch campuses~.ifr-and Community colleges~~
2. State or regional transportation facilities). including: ~Light and/or standard rail
lines.~.H:-Commuter terminals.~.ifr- Transit centers.~and Park-and ride lots in residential zones~~
3. State or regional correctional facilities~~
4. Solid waste handling facilities (large scale). including: -:h- Transfer stations and ~.it
Recycling center~~~
5. Sewage treatment plants~~
6. Power plants;
b. Class II facilities are those facilities: Facilities of a local nature. Those essential public
facilitics that arc intended to meet the service needs of the local community. In many cases Class II leeal
facilities are typically characterized by providing some type of in-patient care, assistance, or monitoring~
Such facilitics and may include, but are not limited to, the following:
1. Substance abuse facilities~~
2. Mental health facilities~~
3. Group homes/special needs housing~~
4. Local schools. including: :+.-Elementary school~~. H-:-Middle schools. and ~. ift-High
school~~~
5. Social service transitional housing, including: .,i.-Domestic violence shelterg~ it
Homeless shelters. and ~. ifr Work-release.
Excavate or excavation means the mechanical removal of soils aH4Lor underlying strata.
Exposed building face for sign regulations means the building exterior wall of a single occupant
building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex.
including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area
calculation for building-mounted signs.
22-1.6 Definitions. F.
Facade means the entire building front including the parapet.
Family means an individual; a group of not more than five individuals; or two or more individuals
related by not more than four degrees of affinity or consanguinity~ anti including persons under legal
guardianship~, or a group of not morc than fivc persons '.vho are not rclated by four or fcwer degrees of
affinity or consanguinity; providcd, howcver, that any Any limitation on the number of residents resulting
from this definition shall not be applied if it prohibits to the extent it would prevent the city from making
reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use
and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 USC 3604(f)(3)(b).
Ordinance No. 08-
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This definition shall not be applied to the extent that would cause a residential structure occupied by
persons with handicaps, as defined in the federal fair housing amendments act of 1988, to be treated
differently than a similar residential structure occupied by other related or unrelated individuals.
Family day care child care homc means a business regularly providing care during part of the 24-hour
day to 12 or fewer childrcn people (including the children of the day care provider) in the family abode of
the person or persons under whose direct care the children people are placed. A family day care may also
be known as a family child care home, an in home child care home, or an in home child day care.
Fast food restaurant means an establishment which offers quick food service which is accomplished
through one or more of the following mechanisms:
(I) Limited menu of easily produced items.
(2) Orders are not taken at the customer's table.
(3) Food is served in disposable wrappings or containers.
Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating
parcels of land.
Festoons means a string of ribbons, tinsel, small flags, or pinwheels.
Fill material means dirt, structural rock.Lef' gravel, broken concrete.Land similar structural substances
customarily to raise used to change the level of the ground or to provide an even surface, but excluding
topsoil, bark, ornamental rocks, or gravel placed on the surface of the ground for gardening, landscaping,
or ornamental purposes.
Finished grade means the final contour of the land surface prior to landscaping.
Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem,
or for decoration.
Flag lot or panhandle lot means a lot in the shape of a flag or pan that is connected to the road or
street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the
lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot.
Floor means the horizontal surface inside a structure designed and intended for human use and
occupancy.
Floor area means the total area of a building floor plate in gross square feet.
Frontage of a property means the length of the property line along any public right-of-way on which it
borders. Frontage of a building means the length of an outside building wall on a public right-of-way.
22-1.7 Definitions. G.
Gambling use means one of those gambling actIVItIes regulated by the statc, e.g., "public card
rooms," which involve staking or risking something of value upon the outcome ofa contest of chance or a
future contingent event not under the person's control or influence, upon an agreement or understanding
that the person or someone else will receive something of value in the event of a certain outcome.
Gambling uses include those uses regulated by the Washington State Gambling Commission with the
following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo
games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not-
for-profit organizations; commercial amusement games; raffles; fund raising events; business promotional
contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food,
or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery
Commission.
Geologically hazardous areas means areas which because of their susceptibility to erosion, land-
sliding, seismic or other geological events are not suited to siting commercial, residential or industrial
development consistent with public health or safety concerns. Geologically hazardous areas include the
following areas:
(l) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to
natural agents such as wind, rain, splash, frost action or stream flow.
Ordinance No. 08-
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(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of
a mass of soil or rock including, but not limited to, the following areas:
a. Any area with a combination of:
I. Slopes greater than 15 percent;
2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable
sediment or bedrock, typically silt and clay; and
3. Springs or groundwater seepage.
b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago
to the present, or which is underlain by mass wastage debris of that epoch.
c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave action.
d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
e. Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
f. Those areas mapped as class V (unstable), VOS (unstable old slides), and VRS (unstable
recent slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils of low density usually in association with
a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a
vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance.
A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at
least 10 feet of vertical relief.
Glare means both of the follo'.ving:
(1) The the reflection of harsh, bright light:-as well as the
(2) The physical effect resulting from high luminances or insufficiently shielded light sources ffi--the
field of view.
Government facility means a use consisting of services and facilities operated by any level of
government, excluding those uses listed separately in this chapter.
Grand opening means a promotional activity used by newly established businesses to inform the
public of their location and services available to the community. A grand opening does not mean an
annual or occasional promotion of retail sales or other services. and does not include a change in
ownership, remodeling. or other change incidental to the initial establishment of the business.
Gross floor area means the total square footage of all floors, excluding parking area, in a structure as
measured from either the interior surface of each exterior wall of the structure or, if the structure does not
have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area.
Ground floor means the floor of a structure that is closest in elevation to the finished grade along the
facade of the structure that is principally oriented to the street which provides primary access to the
subject property.
Groundwater means water that occurs in subsurface openings in the earth, such as the spaces betv/een
particles in unconsolidated deposits or along fractures in consolidated deposits. means waters that exist
beneath the surface of land or beneath the bed of any stream. lake or reservoir, or other body of surface
water.
Groundwater contamination means the presence of any substance designated by the U.S.
Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a
primary or secondary water quality parameter, in excess of the maximum allowable containment level
(MCL).
Ordinance No. 08-
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Group homes type II means housing for juveniles under the jurisdiction of the criminal justice system.
Such groups include This definition includes housing for state-licensed group care homes or halfway
homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses
providing residence to juveniles needing correction, or halfway homes for those selected to participate in
state-operated work release and pre-release programs; but excludes full-time detention facilities. Any
limitation on the number of residents resulting from this definition shall not be applied to the extent it
would prevent the city from making reasonable accommodations to disabled persons in order to afford
such persons equal opportunity to use and enioy a dwelling as required by the Fair Housing Amendments
Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a
residential structure occupied by persons with handicaps, as defined in the federal fair housing
amendments act of 1988, to be treated differently than a similar residential structure occupied by other
related or unrelated individuals. Group homes are divided into the following types:
The director of community development servioes shall haye the discretion to classify a group home
proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a
group home type III, and any such home shall be sited according to the regulations contained Vii thin type
III classification.
(I) Group homes type II-A: Group homes type II with no more than Maximum number of 12
residents including resident staff.
(2) Group homes type II-B: Group homes type II with +!hirteen or more residents including
residential staff. Maximum number to be determined on a case by case basis.
The limitation on the number of residents in a group home type II shall not be applied if it prohibits
the city from making reasonable accommodations to disabled persons in order to aff{)rd such persons
equal opportunity to use and enjoy a dVlelling as required by the Fair Housing i\mendmcnts Act of 1988,
12 USC 3601(f)(3)(b).
Group homes type III means housing for adults that have been convicted of a violent crime against a
person or property, eF have been convicted of a crime against a person with a sexual motivation, or have
been convicted or charged as a sexual or assaultive violent predator. These This category includes
housing for individuals are under the jurisdiction of the criminal justice system-er-, individuals who have
entered a pre- or post-charging diversion program~. Suoh groups involve individuals selected to
participate in state-operated work/training release and pre-release programs or similar programs; but
excludes. Such category does not include full-time detention facilities.
Gymnasium means a room or building equipped for sports, which must be accessory to a school
facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium
may also be used as an auditorium to hold concerts and other performing arts.
22-1.8 Definitions. H.
Hardship means a current or impending health condition which requires a person to live in close
proximity to, and/or share housing with, a caregiver.
Hazardous liquid means: W petroleum, petroleum products, or anhydrous ammonia as those terms
are defined in 49 CFR Part 195 in effect March 1, 1998; and W carbon dioxide.
Hazardous materials means any material, either singularly or in combination, that is a physical or
health hazard as defined and classified in the International Fire Code, whether the materials are in usable
or waste condition; 8fld any material that may degrade groundwater quality when improperly stored,
handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged~. Hazardous materials
shall also include any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous
waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-
303 WAC, whether the materials are in usable or waste condition; and . Hazardous materials shall also
include petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any
waste oils or sludge.
Ordinance No. 08-
Page 47 0190
Hazardous waste means all dangerous and extremely hazardous waste as defined or classified in
Chapter 70.105 RCW and Chapter 173-303 WAC, including substances composed of both radioactive
and hazardous components (see Chapter 70.1 05 RC'N).. and including those solid wastes designated by
40 CFR Part 261. and regulated as hazardous and/or mixed waste by the United States EP A.
Hazardous waste storage means the holding of dangerous hazardous waste for a temporary period
(see WAC 173 303 010(85)).
Hazardous waste treatment means the physical, chemical or biological processing of dangerous
hazardous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for
energy or material resource recovery, amenable for storage or reduced in volume (see \V.\C 173 303
010(97)).
Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or
undergo any other related change.
Heavy equipment means high capacity mechanical devices for moving earth or other materials, and
mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes,
drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors,
harvesters, combines, ef other major agricultural equipment, and similar devices operated by mechanical
power as distinguished from manpower.
Height of structure means the vertical distance above the average building elevation measured to the
highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and
ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family
residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying
sloped roof, height will be measured to the ridge of the highest principal gable.
Height of a sign means the vertical distance measured from the highest point of the sign to the grade
of the adiacent street or the surface grade beneath the sign. whichever is less.
High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2,
RS 9.6, and comparable zones in other jurisdictions.
Home occupation means an occupation, enterprise, activity or profession which is incidental to a
residential use, which is carried on for profit or customarily carried on for profit and which is not an
otherwise permitted use in the zone in which it occurs.
Horizontal dimension means the length of the facade of a structure as measured along a plane,
excluding eaves which extend out no more than 18 inches from the exterior walls of the structure.
Hospital means an institution providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal
physical or mental conditions, and including, as an integral part of the institution, related facilities such as
laboratories, outpatient facilities, extended care facilities and/or training facilities.
Hotel or motel means a single building or group of buildings containing individual sleeping units
intended for transient occupancy.
22-1.9 Definitions. I.
Improvement means any structure or manmade feature. including but not limited to buildings.
driveways, roads (with or without curbs or gutters), sidewalks. crosswalks. parking lots. water mains.
sanitary and storm sewers, drainage facilities. and planted street trees.
Industrial-commercial zone means the CE zoning district.
Industrial uses means those uses allowed only in the CE zone as listed in FWCC 22-861 through 22-
864.
Inflatable advertising device means an advertising device that is inflated by some means and used to
attract attention. advertise. promote. market. or display goods and/or services. These devices include large
single displays or displays of smaller balloons connected in some fashion to create a larger display.
Ingress/egress and utilities easement means privately owned land used and legally committed,
through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and
Ordinance No. 08-
Page 48 of90
pedestrians to properties other than the property within the tract or easement. It may also provide space
for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the
public. See definition of "vehicular access easement or tract."
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14
days, is apparently inoperable,-J~f requires repairs in order to be operated legally on the public roads,- or is
unable to move a distance of 10 feet on level pavement under its own power.
Institutional uses means the following uses: schools, churches, colleges, hospitals, parks,
governmental facilities and public utilities.
Irrevocable license means a written irrevocable permission given by a property owner to the city for
specified purposes.
Issuance, when used '",ith respect to a decision of the director of community development services or
a decision of the hearing examiner issued under this chapter, means the date that is three days after the
date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by
affida':it or by declaration under penalty of PCljury.
Issuance, ,..,hen used ""ith respect to a city council decision made by ordinance or resolution while
sitting in a quasi judicial capacity, means the date on '.vhich the council passes the ordinance or
resolution, as c':idenced by the date of passage indicated on the face of the ordinance or resolution.
22-1.10 Definitions. J.
Junk means old, used. or scrap metal, rope, rags, batteries, paper, rubber, tires, machinery or
appliances or parts of such machinery or appliances, S€faP wood, debris, trash, waste. household goods or
hardware, medications, medical supplies, or medical devices, or junked, dismantled, wrecked or
inoperable motor vehicles or vehicular component parts thereof.
Junk or junked vehicle means any vehicle substantially meeting at least twe three of the following
conditions:
(1) Is three years old or older;
(2) Is extensively damaged, such damage including but not limited to any of the following: a
broken window or windshield or missing wheels, tires, motor, or transmission;
(~}) Is apparently inoperable;
(31) Is '.vithout a current, '/alid registration plate. Has an approximate fair market value equal only
to the approximate value of the scrap in it.
Junkyard means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging junk.
22-1.11 Definitions. K.
Kennel means an establishment, generally retail in nature, which houses, cares f{)r, breeds, raises or
sells dogs or cats, but not including a small animal hospital or clinic or pet shop.
22-1.12 Definitions. L.
Land division means any process by which individual lots, parcels, or tracts are created for the
purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional
subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot
line townhouse development, and small lot detached development.
Land surface modification means the clearing or removal of trees, shrubs, groundcover and other
vegetation and all grading, excavation and filling activities.
Landscaping means the planting, removal and maintenance of vegetation along with the movement
and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the
planting, removal and maintenance of vegetation.
Landward means toward dry land.
Ordinance No. 08-
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Linear frontage of subject property means the frontage of the subject property adjacent to all open,
improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open,
improved right-of-way, linear frontage means the frontage of the subject property on any public access
easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-
way.
Lot means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed
boundaries described by reference to a recorded plat, to a recorded. binding site plan. by reference to
metes and bounds, or by reference to section, township and range.
Lot area means the minimum lot area per dwelling unit based on the underlying zone. For single-
family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not
be credited in calculation of minimum lot area.
Low density use means a detached dwelling unit on a subject property that contains at least five acres.
Low density zone means the following zones: SE and comparable zones in other jurisdictions.
22-1.13 Definitions. M.
Maintenance, for signs. means the cleaning, painting, and minor repair of a sign in a manner that does
not alter the basic design. size, height, or structure of the sign.
Major stream means any stream, and the tributaries to any stream, which contains or supports, or
under normal circumstances contains or supports, resident or migratory fish. If there exists a natural
permanent blockage on the stream course which precludes the upstream movement of anadromous
salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage
shall be regulated as a major stream.
Manufactured homes means a factory-built structure transportable in one or more sections which is
built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when
connected to required utilities. A manufactured home shall be built to comply with the National
Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15,
1976).
Manufacturing and production means the mechanical or chemical transformation of materials or
substances into new products. including the assembling of component parts. the creation of products. and
the blending of materials. such as oils. plastics. resins, or liquors. Manufacturing and production is
divided into the following categories:
(I) Manufacturing and production. general means establishments typically manufacturing and
producing for the wholesale market.
(2) Manufacturing and production. limited, means retail establishments engaged in the small-
scale manufacture. production. and on-site sales of custom goods and products. These uses are
distinguished from "manufacturing and production. general" by a predominant use of hand tools or
domestic mechanical equipment. limited number of employees. limited sales volume. limited truck
deliveries. little or no outdoor storage. typical retail hours of operation, and an obvious retail storefront
with a public entrance that is in scale with the overall building and oriented to the right-of-way. This
category includes uses such as ceramic studios; candle-making shops; custom iewelry manufacturing;
woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial
limbs or braces; manufacturing of dental appliances such as bridges. dentures. and crowns; production of
goods from finished materials such as wood. metal, paper. glass, leather. and textiles; and production of
specialized food products such as caterers. bakeries, candy stores. microbreweries. and beverage bottlers.
Manufacturing and production, general, means establishments engaged in the meehanieal or chemical
transformation of materials or substances into ne..." products, inoluding the assembling of component
parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors, and
is typically carried on for the wholesale market.
Ordinance No. 08-
Page 50 of90
Manufacturing and production, limited, means retail establishments engaged in the small scale
manufacture, production, and on site sales of custom goods and products. This classification includes
uses such as ceramic studios; candle making shops; custom jewelry manufacturing; woodworking and
cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; or
dental appliances such as bridges, dentures, and CroVIllS; production of goods from finished materials such
as v/ood, metal, paper, glass, leather, and textiles; and production of specialized food products such as
caterers, bakeries, candy stores, microbreweries, and beverage bottlers. These l:lses are distinguished from
"manufacturing and production, general" by a predominant use of hand tools or domestic mechanical
equipment, limited oomber of employees, limited sales volume, limited truck deliyeries, little or no
outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance
that is in scale with the o','erall building and oriented to the right of way.
Maximum lot coverage means the maximum percentage of the surface of the subject property that
may be covered with materials which will not allow for the percolation of water into the underlying soils.
See FWCC 22-955 et seq. for further details.
Mean sea level means the level ofPuget Sound at zero tide as established by the U.S. Army Corps of
Engineers.
Medium density zones means the following zones: RS 15.0, RS 35.0 and comparable zones in other
jurisdictions.
Microcell means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
Minor facility means a wireless communication facility consisting of up to three antennas, each of
which is either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length,;
A minor facility includes any and the associated equipment cabinet that is six feet or less in height and no
more than 48 square feet in floor area.
Minor stream means any stream that does not meet the definition of "major stream."
Mixed-use building means a building containing two or more different principal permitted uses, as
determined by the director, and which occupy separate tenant spaces.
Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for
waterborne pleasure craft.
Multiple-story building means a building containing two or more floors of active permitted use(s),
and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive
areas, contains at least 33 percent of the ground floor area.
Multiuse complex means all of the following: a group of separate buildings operating under a
common name or management; or a single building containing multiple uses where there are specific
exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that
request treatment as a multiuse complex.
Multi-tenant complex means a complex containing two or more uses or businesses.
Mural means a design or representation that is painted or drawn on the exterior surface of a structure
and that does not advertise a business, product, service, or activity.
22-1.14 Definitions. N.
Natural features means physical characteristics of the subject property that are not manmade.
Natural materials means materials chemically unaltered from their natural state.
Noise means the intensity, duration and character of sound from any and all sources.
Natural surveillance means easy observation of buildings, spaces, and activities by people passing
living, working, or recreating nearby.
Ordinance No. 08-
Page 51 of90
Nonconformance means any use, structure, lot, condition, activity or any other feature or element of
private or public property or the use or utilization of private or public property that does not conform to
any of the provisions of this chapter or that was not approved by the city of Federal Way through the
appropriate decision-making process required under this chapter.
Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which
water can freely percolate to the soil beneath.
Normal maintenance includes interior and exterior repairs and incidental alterations. Normal
maintenance and repair may include includes, but is not limited to, painting, roof repair and replacement,
plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization.
Incidental alterations may include includes, but is not limited to, construction of nonbearing walls or
partitions.
Notice of determination for signs regulations means the determination that the city issues as to
whether a sign conforms to this article and other sections of this Code.
Nursing home means the same as convalescent center. See "Conyalescent center. "
22-1.15 Definitions. O.
Occupant means a person that legally occupies a structure or property.
Odor means stimulus affecting the olfactory nerves.
Office use means a place of employment providing services other than production, distribution, sale
or repair of goods or commodities, and includes but is not limited to. The follov/ing is a nonexclusive list
of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural,
engineering, consulting or other similar professional services; management, administrative, secretarial,
marketing, advertising, personnel or other similar personnel services; sales offices where no inventories
or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or
other similar services. The following uses are specifically excluded from the definition of office: banks,
savings and loan companies and similar financial institutions.
Office zones means the PO, OP and CP-l zoning districts.
Official notification boards of the city means the bulletin boards in the public areas of City Hall and
other public locations as designated by city council.
On-site hazardous waste treatment and storage facilities means facilities which treat and store
hazardous wastes generated on the same property or geographically contiguous properties, which may be
divided by public or private right of way if the entrance and exit between the properties is at a cross-roads
intersection and access is by crossing as opposed to going along the right of way. same lot or
geographically contiguous or bordering property. Travel between two properties divided by a public right
of way, and owned, opcrated or controlled by the same person, shall be considered on site travel if:
(1) The travel crosses the right of way at a perpendicular intersection; or
(2) The right of way is controlled by the property owner and is inaccessible to the public (see '.V.^.C
173 303 010(39)).
Open record hearing means a hearing that creates the city's record of decision for an application or
appeal through testimony and submission of evidence and information, under procedures prescribed by
the city's hearing examiner or the city council. An open record hearing may be held prior to the city's
decision on an application, or as part of an appeal.
Open space means land not covered by buildings, roadways, parking areas or other surfaces through
which water cannot percolate into the underlying soils.
Open space, private, means common open space, the use of which is normally limited to the
occupants of a single dwelling or building or property.
Open space, public, means open space owned by a public agency and maintained by it for the use and
enjoyment of the general public.
Ordinary high water mark means, on lakes, streams and tidal waters, that mark that 'NiB bc found by
examining the bed, banks, or shore and ascertaining where the presence and action of waters are so
Ordinance No. 08-
Page 52 of90
common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character
distinct from that of the abutting uplands with respect to vegetation. ; provided, that any tidal area where
Where the ordinary high water mark cannot be found by mark based on the prcvious text of this
definition, the ordinary high water mark shall be the line of mean higher high tide for salt water and the
line of mean high water for fresh water. In any stream where neither mark nor mean high water can be
found. the channel bank shall be substituted. In braided channels and alluvial fans. the ordinary high
water mark or substitute shall be located so as to include the entire stream feature.
Outdoor means not contained within a building.
Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale,
lease, processing or repair and not enclosed within a building.
Outdoor storage containers means new or used prefabricated metal or steel enclosures used for the
accessory storage of supplies. equipment. inventory. goods. commodities. or construction-related
materials; or temporary offices for active construction sites; designed without an axle or wheels; and
capable of being mounted on a chassis or bogie for movement by truck. trailer. rail car. or ship. This
definition includes. but is not limited to. cargo. shipping. and freight containers; and excludes typical
residential accessory buildings or structures such as garages and storage sheds; garbage and recycling
containers; containers mounted on a truck or in some stage of transport; structures used or designed to be
used as living facilities. and portable moving containers as defined in this article. See FWCC 22-1114 and
22-1115.
Owner means, in reference to real property, the person or persons holding fee title to the property as
well as the purchaser or purchasers under any real estate contract involving the real property.
22-1.16 Definitions. P.
Panhandle lot means flag lot.
Parking area means any area designed an6,Lor used for parking vehicles.
Parking space means an area which is improved, maintained and used for the sole purpose of
temporarily accommodating a motor vehicle that is not in use.
Parking structure means a building or structure consisting of more than one level. above and/or below
ground. and used for temporary storage of motor vehicles.
Person means any individual, partnership, association, corporation, unit of government or any other
legal entity.
Personal wireless services means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services, as defined by federal laws and regulations.
Personal wireless service facility (PWSF) means a wireless communication facility, including a
microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which
may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and reception and transmission devices and antennas.
Plaza means a pedestrian space that is available for public use and is situated near a main entrance to
a building or is clearly visible and accessible from the adiacent right-of-way. Typical features and
furnishings include special paving. landscaping. pedestrian-scale lighting. seating areas. weather
protection. water features. art. trash receptacles. and bicycle racks.
Portable moving containers means new or used prefabricated units that can be rented by residential or
business customers for temporary accessory moving and storage activities. including. but not limited to.
such products trademarked as "PODS" (Personal On Demand Storage), "SAM" (Store and Move). and
"Door to Door." Such containers are typically delivered to a site by truck. left on site for a temporary
loading period. then retrieved by truck and delivered to another location. which may include a storage
facility. See FWCC 22-964.
Preapplication conference means a meeting, between an applicant and members of the development
review committee, which is held prior to formal application, during which the project is discussed relative
to city and other pertinent codes andffiF regulations.
Ordinance No. 08-
Page 53 of90
Primary d'.'/elling unit means the main structure located on the subject property v/hich is
distinguishable from any accessory dwelling unit because it is greater in total square footage.
Primary vehicular access means the street, vehicular access easement, or private tract from which the
majority of vehicles enter the subject property.
Principal use means the primary or predominant use of any lot or parcel.
Private club means an association of persons organized for some common purpose, but not including
groups organized primarily to sell merchandise or render a service which is customarily carried on as a
business.
Property line means those lines enclosing the subject property and those lines defining a recorded
vehicular access easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is adjacent to a primary vehicular access. If the
subject property is adjacent to more than one primary vehicular access, the applicant shall designate
which of the adjacent property lines is the front property line and the remainder of such adjacent property
lines will be considered as either a rear property line or side property line, based on the definition in this
section, except the property line adjacent to an arterial or primary collector shall not be designated as a
primary vehicular access.
(2) For flag lots, the yard setbacks shall be applied per the following graphic:
Ordinance No. 08-
Page 54 of90
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-....
~h
... ... '"'" ... ... -..... - .-- t
.
,
Flag Lot Setbacks
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F:.:: Front Yard
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R == Rear Yard
(3) The rear property line is any property line that is farthest from, and essentially parallel to, the front
property line.
Ordinance No. 08-
Page 55 of90
(4) The side property line is any property line other than a front property line or a rear property line.
Public space means a passive or active recreational area designed specifically for use by the general
public as opposed to serving merely as a setting for the building. Such areas mav include parks. gardens.
plazas. entrance lobbies, arboretums, solariums. and bandstands, or an approved combination thereof. and
may contain exterior or interior spaces. Such areas shall be easily accessible from adiacent public areas
and available to the public at least 12 hours each weekday. Public on-site open space may be privately
owned, but must be permanently set aside and maintained for the use and benefit of the public.
Public park means a natural or landscaped area, provided by a unit of government, to meet the active
or passive recreational needs of people.
Public utility means the facilities of a private business organization such as a public service
corporation, or a governmental agency performing some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such services
shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and
transportation for persons and freight. The term also includes broadcast towers, antennas and related
facilities operated on a commercial basis.
Public works director means the director of the department of public works of the city.
22-1.17 Definitions. Q.
Qualified groundwater scientist means a hydrogeologist or engineer who meets the following criteria:
(1) Has received a baccalaureate or post-graduate degree in earth science or engineering; and
(2) Has sufficient education and experience in geology and hydrogeology as may be demonstrated by
state registration, professional certifications, or licensing that enable that individual to make sound
professional judgments regarding groundwater and groundwater vulnerability.
Ouasi-public use means a use owned or operated by a private nonprofit or philanthropic institution
that provides cultural. recreational. or similar types of programs and services.
22-1.18 Definitions. R.
Regulated lakes means Wetlands Nos. 8-21-4-26, 7-21-4-71,11-21-3-9,14-21-3-2,14-21-3-5,13-21-
3-12,9-21-4-38,17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19, 1999, city of Federal
Way final wetland inventory report, except vegetated areas which are meeting the definition of "regulated
wetland" located in and around the margins of regulated lakes and fall under FWCC 22-1357 shall be
considered regulated wetlands.
Regulated wetlands. See the definition of "regulated wetlands" under the definition of "wetlands. "
Registration sticker for the purpose of sign regulations means the sticker that is assigned to a sign that
has been inventoried and has been determined to comply with this article and other sections of this Code.
Relative means persons connected through blood, marriage or other legal relationships by not more
than four degrees or affinity or consanguinity and including persons under legal guardianship.
Required yard means the area adjacent to and interior from a property line or the ordinary high water
mark (OHWM) of a lot, as prescribed by regulations. and is the minimum required distance between a
structure and a specific line, such as a property line, edge of private tract, or vehicular access easement
that is required to remain free of structures. If two or more required yards are coincidental, the area will
be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for
flag lots, required setbacks are categorized as follows:
(l) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance
therefrom equal to the required front yard depth.
(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance
therefrom equal to the required rear yard depth.
(3) Ordinary high '.vater line yard. That portion of a lot adjacent to and parallel '.!/ith the OHWM and
at a distance landward therefrom established in this chapter.
Ordinance No. 08-
Page 56 0{90
f41 Side. That portion of a lot adjacent to and parallel with each side property line and at a distance
therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be
designated side yards.
Residential use means developments and occupancy in which persons sleep and prepare food, other
than developments used for transient occupancy.
Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6,
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared
food or beverages and generally for consumption on the premises.
Retail establishment means a commercial enterprise which provides goods and/or services directly to
the consumer, where such goods are available for immediate purchase and removal from the premises by
the purchaser.
Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general
public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale
of such goods, involving. Bulk retail in'lolves a high volume of sales of related and/or unrelated products
in a warehouse setting~ and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is
differentiated from general retail by any of the following characteristics:
(l) Items for sale include large, categorized products, e.g., lumber, appliances, household
furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may
also include a variety of carry out goods, e.g., groceries, household, and personal care products;
(2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling
warehouse areas, high-rack displays, and/or outdoor storage areas; and
(3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor
pick-up area, and high parking-to-building ratios.
Retail sales, general and specialty, means a retail establishment that is not engaged in bulk retail and
is differentiated from bulk retail by the size of the building, size of items purchased and sales volume.
General and specialty retail includes the sale of smaller items such as groceries, drug store sundries,
specialty hardware, paint supplies, and sports equipment, etc, typically selling to the general public and is
differentiated from bulk retail by the size of the building, size of items purchased, sales volume, and
typically does not sell at a discount or in a volume warehouse store. Typically not a discount or '.'olume
'.varehouse store. Typical user is the general public.
Retail sales, second hand merchandise means an individual or establishment that sells second hand
merchandise, such as pawn shops; used book and record stores; used clothing, furniture, and appliances;
thrift stores; consignment stores; and flea markets. This definition does not include the sale of antiques or
collectibles as defined in this article.
Retail shopping center, regional means a series of unified commercial establishments that provide
retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to
a state or federal highway, with shared parking facilities, with a combined gross floor area of at least
500,000 square feet, and with all or some of the stores configured with an inward orientation and
connected with common interior walkway(s).
Right of way means land dedicated or conveyed to the public or a unit of government, the primary
purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent
parcels, with the secondary purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
Right-of-wav, in addition to its normal meaning, may include, for purposes of the community design
guidelines or sign regulations, land privately owned, used primarily for the movement of vehicles or
pedestrian traffic, so long as such privately owned land has been constructed in compliance with all
applicable laws and standards for a public right-of-way.
Right-of-way realignment means the changing of the horizontal position of the improvements in a
right-of-way.
Ordinance No. 08-
Page 57 of90
Roofline means the line formed by the outside of the gable of the roof, or if the roof is flat or
mansard, the top of the roof or mansard.
Runoff means the overland or subsurface flow of water.
22-1.19 Definitions. S.
Schools means institutions of learning, excluding those offering post-secondary education, offering
instruction in the several branches of learning and study required by the Basic Education Code of the
State of Washington to be taught in public, private and parochial schools, including those disciplines
considered vocational, business-related, or trade in nature.
Secondhand merchandise means used or remanufactured goods and includes used books, records,
clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn
shops, thrift stores, consignment stores, and flea markets. Secondhand merchandise does not include
used, remanufactured, or junk motor vehicles or boats; nor antiques or collectibles.
Self-service storage facilities means a structure or group of structures for the storage of personal
property where individual stalls or lockers are rented out to different tenants for storage.
Shared access points means a common point of vehicle access from a street to more than one lot or
use.
Sight line means the line of vision from a person to a place or building.
Sign means any communication device, structure, fixture, or placard that uses colors, words, letters,
numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the
purpose of:
(a) Providing information or directions; or
(b) Promoting, identifying, or advertising any place, building, use, business, event, establishment
product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign.
Painted wall designs or patterns which do not represent a product service, or registered trademark, and
which do not identify the user, are not considered signs. If a painted wall design or pattern is combined
with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be
considered as part of the sign. The following tyPes of signs are included in the definition of signs:
Abandoned sign means any sign remaining in place after a sign has not been maintained for a
period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180
consecutive days.
Advertised activity for freeway profile signs. For the purpose of measuring from the advertised
activity for an individual business, the distance shall be measured from the sign to the nearest portion of
that building, storage, or other structure or processing area which is the most regularly used and essential
to the conduct of the activity; and for a center identification sign, which identifies businesses within a
multi-tenant complex, the distance shall be measured from the sign to the nearest portion of the combined
parking area of the subject property.
Animated or moving sign means any sign that uses movement or the appearance of movement of
a sign display through the use of patterns of lights, changes in color or light intensity, computerized
special effects, video display, or through any other method, chasing or scintillating lights, fluttering or
moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for
the scrolling of a static message, scene, or color onto or off a sign board in one direction per message.
Awning sign means a non-electric sign on the vertical surface or flap that is printed on, painted
on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes
only, and therefore, shall point toward the ground and not illuminate the canopy. (See also "Marquee
sign.")
Ordinance No. 08-
Page 58 0190
B../
..::....~.../ N....
... . /- .;?'~ ..
-'~
a.-.om.on-5'~ l~
SfdeVliwt
Figure 1- Awning or Canopy Sign
Banner means a sign made of fabric or any nonrigid material with no enclosing framework.
Billboard means permanent outdoor advertising off-site signs containing a message, commercial
or otherwise, unrelated to any use or activity on the subiect property on which the sign is located, but not
including civic event signs, signs oriented to the interior of sports fields, government signs, or
instructional signs.
Building-mounted signs means any sign attached to the facade or face of a building or mansard
roof including without limitation wall signs, marquee signs, under canopv signs and proiecting signs.
Cabinet sign means a sign constructed of a box, rigid material. or framework over or within
which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may have either
interior or exterior illumination.
~
=I--~~/~/E
Figure 2 - Cabinet Sign
Canopy sign means the same as "Awning sign."
Center identification sign means a building-mounted or freestanding sign that identifies the name
and/or logo of a development containing more than one office, retail. institutional or industrial use or
tenant and which may separately identify the tenants.
Changeable copy sign means a sign whose informational content can be changed or altered
(without changing or altering the sign frame, sign supports or electrical parts) by manual or electric,
electro-mechanical. or electronic means. A sign on which the message changes more than eight times a
day shall be considered an electronic changeable message sign and not a changeable copy sign for
purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time
and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign.
Construction sign means a temporary sign identifying an architect, contractor, subcontractor,
and/or material supplier participating in construction on the property on which the sign is located.
Construction signs also include "Coming Soon" and "Open During Construction" signs.
Directional sign, on-site means a sign giving directions, instructions, or facility information and
which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or
entrance signs).
Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures
are used. .
Ordinance No. 08-
Page 59 of90
Electronic changeable message sign means an electronically activated sign whose message
content, either whole or in part, may be changed by means of electronic programming.
Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a
constant pattern, or contains moving parts or the optical illusion of motion caused bv use of electrical
energy or illumination.
Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces
or a solid base and not attached to any building. Freestanding signs include those signs otherwise known
as "pedestal signs," "pole signs," "pylon signs," and "monument signs."
Sign
Height
Sign
Height
Figure 3 - Freestanding Sign
Fuel price sign means a sign displaying the price of fuel for motorized vehicles.
Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any SIgn
permanentlv affixed to the ground.
Government sign means any temporary or permanent sign erected and maintained by any city,
public utility, county, state, or federal government for designation of or direction to any schooL hospitaL
hospital site, property, or facility, including without limitation traffic signs, directional signs, warning
signs, informational signs, and signs displaying a public service message.
Instructional sign means a sign which designates public information including, without limitation,
public restroom signs, public telephone signs, exit signs and hours of operation signs.
Integral sign means a sign displaying a building date, monument citation, commemorative
inscription, or similar historic information.
Kiosk means a freestanding sign, which may have a round shape or which may have two or more
faces and which is used to provide directions, advertising or general information.
Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof-
like proiecting structure attached to a building.
Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or drive-
through restaurant.
Monument sign means a freestanding sign supported permanently upon the ground by a solid
base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured
Ordinance No. 08-
Page 60 of90
concrete materials harmonious with the materials of the primary structure on the subiect property. (See
drawing set forth in FWCC 22-1602( c )(2), Figure 8.)
Identification sign means a sign whose copy is limited to the name and address of a building.
institution, or person and/or to the activity or occupation being identified.
Identification sign (subdivision) means a freestanding or wall sign identifying a recognized
subdivision, condominium complex. or residential development.
Illuminated sign means a sign with an artificial light source incorporated internally or externally
for the purpose of illuminating the sign.
Incidental sign means a small sign. emblem. or decal informing the public of goods, facilities, or
services available on the premises (e.g.. a credit card sign or a sign indicating hours of business).
Nameplate means a non-electric on-premises identification sign giving only the name, address,
and/or occupation of an occupant or group of occupants of the building.
Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other
similar gas, which glows when electric current is sent through it.
Nonconforming sign means any sign, which was legally in existence on the effective date of this
Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city
thereafter, but which does not comply with this article or any other sections of this Code.
Obsolete sign means a sign that advertises a product that is no longer made, a business that is no
longer in operation, or an activity or event that has already occurred, except for historical signs.
Off-site sign means a sign relating, through its message and content, to a business activity, use,
product, or service not available on the subiect property on which the sign is located.
On-site sign means a sign which contains only advertising strictly applicable to a lawful use of
the subiect property on which the sign is located, including without limitation signs indicating the
business transacted, principal services rendered. and goods sold or produced on the subiect property, or
name of the business and name of the person occupying the subiect property.
Pedestal sign means a freestanding sign supported permanently upon the ground by a solid base
of landscape construction materials such as brick. stucco. stonework. textured wood, tile or textured
concrete materials harmonious with the materials of the primary structure on the subiect property. Such
base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22-
1602( c)(1 ), Figure 6.)
Point of purchase display or sign means an advertisement for an item accompanying its display
indicating only instructions and the contents or purpose of the item (e.g.. an advertisement on a product
dispenser, tire display, recycling containers. collection containers, gas pumps, phone booths, etc.).
Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or
braces of materials such as brick. stucco, stonework. textured wood, tile or textured concrete materials
harmonious with the materials of the primary structure on the subiect property and not attached to any
building. (See drawing set forth in FWCC 22-1602( c)( I ), Figure 7.)
Political signs means temporary signs advertising a candidate or candidates for public elective
office, or a political party, or signs urging a particular vote on a public issue decided by ballot in
connection with local. state. or national election or referendum.
Portable sign means any sign designed to be moved easily and not permanently affixed to the
ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are
made of durable materials such as metal. wood, or plastic.
Pre-opening sign means a temporary sign which identifies a new business moving into a new
tenant space or building. The sign must include the name of the business and copy stating the business
will open soon (e.g., "Coming Soon..." "Opening Soon...", etc.).
Private advertising sign means a temporary sign announcing an event. use or condition of
personal concern to the sign user including without limitation "garage sale" or "lost animal" signs.
Private notice sign means a sign announcing a restriction or warning regarding the subiect
property, such as, but not limited to. "no trespassing" or "beware of dog."
Ordinance No. 08-
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Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a
building wall or other structure not specifically designed to support the sign.
SIGN
o 0
I I
Figure 4 - Projecting Sign
Real estate, on-site sign means a sign placed on the subject property and announcing the sale or
rental of the subject property.
Roof sign means any sign erected, constructed, or placed upon, over, or extended above any
portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or
gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or
extended above the lowest vertical section of a mansard or gambrel roof.
Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles,
except those posted by a government or public utility.
Temporary sign means a sign not constructed or intended for long-term use.
Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of
a building or center.
Time and temperature sign means any sign that displays the current time and temperature,
without any commercial message.
Under canopy sign means any sign intended generally to attract pedestrian traffic suspended
beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face
and which contains no commercial messages other than the name of the business.
Ordinance No. 08-
Page 62 o{90
Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of
advertising a product or service, or providing directions to such products or services.
Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a
sign attached essentially parallel to and extending not more than 24 inches from the wall of a building
with no copy on the side or edges.
Warning sign means any sign which is intended to warn persons of prohibited activities such as
"no trespassing," "no hunting." and "no dumping."
Window sign means all signs affixed to a window and intended to be viewed from the exterior of
the structure.
Sign area means the entire area of a sign on which colors, words. letters. numbers, symbols. graphics,
graphic design. figures, logos, trademarks and/or written copy is to be placed, excluding sign structure,
architectural embellishments and framework. Sign area is calculated by measuring the perimeter
enclosing the extreme limits of the module or sign face containing the graphics, letters. figures. svrnbols,
trademarks. and/or written copy; except that sign area is calculated for individual letters, numbers, or
symbols using a canopy, awning or wall as the background, without added decoration or change in the
canopy. awning or wall color. by measuring the perimeter enclosing each letter, number, or symbol and
totaling the square footage of these perimeters.
Grocery
I O+r+o+c+e+r+y .., Sign Area I
Ordinance No. 08-
Page 63 0190
"a"
"d.
We~
. a x ( b+c+d~ ) '" Sign Area
Figure 5 - Calculating Sign Art
Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics,
graphic design, figures, logos, trademark and/or written copy is placed.
Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried and
determined to be a legal nonconforming sign.
Sign inventory sticker number means the inventory number that is assigned to a sign after it has been
inventoried and determined to be a legal nonconforming sign.
Sign registration means the approval issued to any sign that has an approved sign permit and that has
passed all inspections required by the city, or is in conformance with this Code after an analysis
conducted as part of a sign inventory.
Significant natural vegetation means any area containing a concentration of significant trees; any area
of significant biological importance; and any area containing dense, mature, native vegetation.
Significant trees. A "significant tree" shall be defined as: means a tree that is
(1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet
above ground; iffid
(2) In good health; iffid
(3) Not detrimental to the community, including but not limited to not (e.g., is not diseased,
dying, ef' likely of falling to fall into public open space or right-of-way, etc.) or obscuring safe sight
distance requirements; and
(4) Not a Significant trees shall not include red alder, cottonwood, poplar or big leaf maple.
Silt or sediment means the soils or rock fragments soil particles mobilized and deposited by the
processes of erosion and deposition, which are transported by, suspended in, or deposited by water.
Single housekeeping unit means a person an individual, a group of not more than three personS,f-eF
two or more or a group of persons connected through blood, marriage or other legal relationships
individuals related by not more than four degrees of affinity or consanguinity ~including persons under
legal guardianship, or a group of not more than three persons '.vho are not related by four or fewer degrees
of affinity or consanguinity; provided, ho'.yever, that any. Any limitation on the number of residents
resulting from this definition shall not be applied if it prohibits to the extent it would prevent the city from
making reasonable accommodations to disabled persons in order to afford such persons equal opportunity
to use and enjoy a dwelling as required by the Fair Housing ,^.mendments .^.ct federal fair housing
amendments act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that
Ordinance No. 08-
Page 64 of90
would cause a residential structure occupied by persons with handicaps, as defined in the federal fair
housing amendments act of 1988, to be treated differently than a similar residential structure occupied by
other related or unrelated individuals.
Single-use building means a building which contains one use.
Site means subiect property
Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.),
foxes, bobcats and similar small wild animals.
Social service transitional housing means facilities other than offices and group homes as defined in
this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing
temporary and transitional housing to individuals on an as-needed basis, operated by a nonprofit social
service agency, licensed as required by the state, including, but not limited to, emergency shelters,
homeless shelters, domestic violence shelters, and other such crisis intervention facilities; but excluding
offices and group homes as defined in this chapter. Any limitation on the number of residents in social
service transitional housing shall not be applied if it prohibits the city from making reasonable
accommodations to disabled persons in order to afford such persons equal opportunity to use and enioy a
dwelling as required by the federal fair housing amendment!> act of 1988, 42 USC 3604(f)(3)(b). This
definition shall not be applied to the extent that would cause a residential structure occupied by persons
with handicaps, as defined in the federal fair housing amendments act of 1988, to be treated differently
than a similar residential structure occupied by other related or unrelated individuals. This classification
includes domestic violence shelters as defined herein, except that such shelters '."herein the total number
of residents does not exceed thc maximum number allowed under the "family" definition may be
permitted outright in all residential zones. This category includes:
(l) Type A: Social service transitional housing limited to a maximum number of residents as
allowed under the definition of "family". Maximum number of residents to be consistent with the
maximum number of unrelated adults allowed under the zoning definition of family.
(2) Type B: Social service transitional housing with a more than the maximum number of
residents allowed under the definition of "family". ;\11 social service transitional housing not meeting the
definition of "Type ,\," above. Maximum number to be determined on a case by case basis.
The limitation on thc number of residents in social service transitional housing shall not be applied if
it prohibits the city from making reasonable accommodations to disabled persons in order to aff-ord such
persons equal opportunity to use and enjoy a dV/elling as required by the Fair Housing .^.mendments .^.ct
of 1988,12 USC 3601(f)(3)(b).
Special needs housing means housing not specifically defined by this chapter, and which will be
processed under the classification most closely related to the proposed use, as determined by the director
of community dc',cIopment services.
State Environmental Policy Act means Chapter 43.21C RCW.
Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially.
Story means the area of a structure between the floor and the horizontal supporting members of the
ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area
between that floor and the ceiling directly above is not a story.
Stream means a course or route, formed by nature, including those which have been modified by
humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its
length, along which surface waters naturally and normally flow in draining from higher to lower
elevations. A stream need not contain water year round. In a de'/cIoping setting development, streams
may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This
definition is not meant to does not include irrigation ditches, stormwater facilities or other artificial
watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed
to convey !! natural streams stream which existed prior to construction of the watercourse. Those
topographic features that resemble streams but have no defined channels shall be considered streams
Ordinance No. 08-
Page 65 of90
when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a
defined channel after development.
Street means both of the following:
fB-A f! public right-of-way~
~ and a vehicular access easement or tract.
Street providing direct vehicle access means the street from which a vehicle can enter the subject
property without traversing another street or piece of property. In the case of a multiuse complex, the
street providing direct vehicular access is the exterior street that borders the complex and not an internal
street surrounded by the complex.
Streetscape amenities means pedestrian-oriented features and furnishings within the streetscape, such
as bench seats or sitting walls. weather protection. water features, art, transit stops with seating.
architectural facade treatments. garden space associated with residences. pedestrian-scale lighting,
landscaping that does not block views from the street or adiacent buildings, special paving, kiosks,
trellises, trash receptacles, and bike racks.
Streetscape means the visual character and quality of a street as determined by various elements
located between the street and building facades, such as trees and other landscaping, street furniture,
artwork. transit stops, and the architectural quality of street-facing building facades.
Structure means an)thing which is built or constructed, an edifice or building of any kind or any piece
of work artificially built up or composed of parts joined together in some definite manner a combination
or arrangement of material for use, occupancy, or ornamentation, whether installed on, above, or below
the surface of land or water.
Structural alterations means any change in the supporting member of a building or structure.
Structured parking means parking provided on more than one level and within a structure, either
above- or below-grade. Structured parking shall not include a surface parking lot.
Subject property means the entire lot or parcel, or series of lots or parcels, on which a development,
activity~ or use is exists or will occur leeate~ or on which any activity or condition regulated by or subject
to development regulations this chapter is exists or will occur or take place.
Support structure means any built structure, including any guy wires and anchors, to which an
antenna and other necessary associated hardware is mounted. Support structures may include the
following:
(I) Lattice tower. A support structure which consists of a network of crossed metal braces,
forming a tower which is usually triangular or square in cross-section.
(2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect
by the use of guy wires and anchors.
(3) Monopole. A support structure which consists of a single steel or wood pole sunk into the
ground and/or attached to a concrete pad.
(4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with
certain conditions.
Surface parking lot means an off-street, ground level open area, usually improved. for the temporary
storage of motor vehicles.
22-1.20 Definitions. T.
Temporary personal wireless service facility means a personal wireless service facility which is to be
placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a
permanent foundation.
Tenant improvement means any work, improvement or remodeling completely within the interior of a
building necessary to meet the varied requirements of continuing or succeeding tenants.
Threshold determination means the decision by the responsible official (the community development
services director) whether or not an environmental impact statement (ElS) is required for projects that are
not categorically exempt under the State Environmental Policy Act (SEP A).
Ordinance No. 08-
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Topsoil means the uppermost strata of soil containing a large percentage of organic materials and
which is capable of providing suitable nourishment for vegetation.
Townhouse means a type of attached multifamily dwelling in a row of at least two such units in
which each unit has its own front and rear access to the outside, no unit is located over another unit, and
each unit is separated from any other unit by one or more vertical common fire-resistant walls. See
definition of "dwelling unit, townhouse."
Trade school means a post-secondary institution that trains persons for qualification in specific trades
or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics
repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending.
Traffic control devices means signs, signals, stripes and other mechanical or graphic items which
control the flow, direction or speed of vehicular and pedestrian traffic.
Transparent glass means windows that are transparent enough to permit a reasonable level of
visibility of the activities within a building from nearby streets, sidewalks and public spaces.
22-1.21 Definitions. U.
Use means the nature of the activities taking place on pffiate property or within structures thereon.
Each separate listing under the "Use" column in FWCC 22-596 through 22-878 is a separate use.
22-1.22 Definitions. V.
Vehicle service station means a commercial use supplying petroleum products that are for immediate
use in a vehicle.
Vehicle storage area means an outside area which is used for the storage afldfor display of operational
vehicles.
Vehicular access easement or tract means privately owned land used and legally committed, through
easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to
properties other than the property within the tract or easement. It may also provide space for utility lines
and appurtenances and other devices and facilities benefiting nearby properties or the public. See
definition of "ingress/egress and utilities easement."
22-1.23 Definitions. W.
Water feature means a fountain, cascade, stream water, water wall, water sculpture, or reflection
pond. The purpose is to serve as a focal point for pedestrian activity.
Waterward means toward the body of water.
Well means a hole or shaft sunk into the earth to tap an underground supply of water.
Wellfield means an area containing two or more wells with overlapping zones of contribution that
supply a public water system.
Wellhead means the top of the shaft of a well or similar water extraction facility from which potable
water is extracted.
Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well.
Capture zones are usually defined according to the time that it takes for water within a particular zone to
travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of
assumptions required to conduct the calculation.
Wellhead protection area (WHPA) means the surface and subsurface area surrounding a well or
wellfield that supplies a public water system through which contaminants are likely to pass and eventually
reach the water well(s) as designated under the Federal Clean Water Act.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
Ordinance No. 08-
Page 67 0190
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology publication No. 96 91) as set forth in W.^.C 173 22 080, as it exists as of November I, 1999, or
as subsequently amended, will be used for identification and delineation of'.vetlands within the eity.
.^.lthough a site specific v/etland may not meet the criteria described above, it 'Jlill be eonsidered a
regulated v/et1and if it is functionally related to another v/etland that meets the criteria.
Regulated wetlands means:
(1) Those \vetlands, as described below, which fall into one or more of the follo'.ving categories:
a. Category I '/letlands meet one of the following criteria:
I. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potentially extirpated plant, fish or animal speeies; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaeeable
ecological functions, or exccptionalloeal significance including but not limited to estuarine systems, peat
bogs and fens, mature forested wetlands, ground'.vater exchange areas, significant habitat or unique
educational sites; or
3. Have three or more wetland classes, one ofwmch is open ',yater.
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Categorj I wetlands, and meet one of the following criteria:
I. Are contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams where flow is intermittent; or
2. .'\Te greater than one acre in size in its entirety; or
3. .'\Te less than or equal to one acre in size in its entirety and have t'/lO or more wetland
classes, with neither class dominated by non native invasi';e species.
c. Category III wetlands arc greater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II wetlands.
(2) See definition of "regulated lakes."
Wholesale trade means a commercial establishment which sells to retail establishments.
22-1.24 Definitions. X.
22-1.25 Definitions. Y.
22-1.26 Definitions. Z.
Zero lot line means the location of a building in such a manner that one or more of the building's
sides rest directly on a lot line.
Zones mean use zones . See as described in FWCC 22-596 through 22-906.
Zoning map means the series of maps adopted by the city, and designated the official zoning map of
the city, showing the geographical location of use zones within the municipal boundaries.
(Ord. No. 90-43, ~ 2(3.10), 2-27-90; Ord. No. 90-51, ~~ 1,2,3-27-90; Ord. No. 91-87, ~~ 2 - 4,2-5-
91; Ord. No. 91-92, ~ 4, 4-16-91; Ord. No. 91-100, ~ 4, 6-4-91; Ord. No. 91-105, ~ 3, 8-20-91; Ord. No.
91-113, ~ 3,12-3-91; Ord. No. 94-223 ~ 3(A), 10-18-94; Ord. No. 95-245, ~ 3(A), 11-21-95; Ord. No. 96-
269, ~ 3, 6-18-96; Ord. No. 96-270, ~ 3(A), 7-2-96; Ord. No. 97-295, ~ 3, 5-20-97; Ord. No. 97-291, ~ 3,
4-1-97; Ord. No. 97-296, ~ 3, 6-17-97; Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 97-307, ~ 3, 12-16-97;
Ord. No. 99-337, ~ 2, 3-2-99; Ord. No. 99-347, ~ 3, 8-3-99; Ord. No. 99-348, ~ 2, 9-7-99; Ord. No. 99-
353, ~ 3,11-16-99; Ord. No. 99-357, ~ 3,12-7-99; Ord. No. 00-363, ~ 2,1-4-00; Ord. No. 01-385, ~ 3,4-
3-01; Ord. No. 02-424, ~ 3, 9-17-02; Ord. No. 03-443, ~ 3, 5-20-03; Ord. No. 04-457, ~ 3, 2-3-04; Ord.
No. 04-468, ~ 3, 11-16-04; Ord. No. 05-506, ~ 3, 10-18-05; Ord. No. 06-515, ~ 3, 2-7-06; Ord. No. 06-
533, ~ 5(Exh. A), 9-19-06; Ord. No. 07-545, ~ 3(Exh. A), 1-2-07; Ord. No. 07-554, ~ 5(Exh. A(3)), 5-15-
07; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07)
Ordinance No. 08-
Page 68 of90
SECTION 25. A new Section shall be added to Chapter 22, Article I, of the Federal Way City Code
[FWRC 19.05.120] to read as follows: (what is the FWCC site?)
22-12 rFWRC 19.05.1201 Application of re2ulations.
Except as otherwise provided in this title:
1. No building or part thereof or other structure shall be erected, altered. added to. or enlarged. nor
shall any land. building. structure, or premises be used. designated, or intended to be used for any purpose
or in any manner other than is included among the uses listed in this title as permitted in the district in
which such building, land. or premises are located.
2. No building or part thereof or structure shall be erected, reconstructed. or structurally altered to
exceed in height the limit designated in this title for the district in which such building is located.
3. No building or part thereof or structure shall be erected, nor shall any existing building be altered.
enlarged. or rebuilt or moved into any district. nor shall any open space be encroached upon or reduced in
any manner. except in conformity to the yard. building site area, and building location regulations
designated in this title for the district in which such building or open space is located.
4. In their interpretation and application, the provisions of this title shall be held to be minimum
requirements. Where this title imposes a greater restriction than is imposed or required by other rules or
regulations or ordinances. the provisions of this title shall control.
5. Activities and uses defined as "adult entertainment activity or use" are only permitted in the zone
where that term is specifically listed as an allowable use and only in conformance to the requirements as
stated for that use.
SECTION 26. A new section shall be added to Chapter 22, Article I, of the Federal Way City Code
[FWRC 19.05.130] to read as follows:
22-13 rFWRC 19.05.1301 Date of issuance of decisions
Where notice of a decision of the director or the hearing examiner is required to be mailed. the decision is
deemed issued three days after the date the decision is mailed. Proof of mailing shall be by affidavit or by
declaration under penalty of periury.
Decisions by the city council made by ordinance or resolution while sitting in a quasi-iudicial capacity.
are deemed issued on the date the council passes the ordinance or resolution, as evidenced by the date of
passage indicated on the face of the ordinance or resolution.
SECTION 27. A new section shall be added to Chapter 22, Article XIII, of the Federal Way City
Code to read as follows:
22-978 [19.105.0601 Group homes.
A group home type II proposing to serve iuveniles convicted of the offenses listed under group home type
III must be approved through process I to be treated as a group home type II and not a group home type
III. A group home type II-B must be approved under process I to have 25 or more residents including
residential staff.
SECTION 28. A new section is added to Chapter 22, Article XIII, of the Federal Way City Code
(FWRC 19.105.070) to read as follows:
22-979 [19.105.0701 Social service transitional housin2.
Ordinance No. 08-
Page 69 of90
Notwithstanding any provision to the contrary. domestic violence shelters (Type A) where the total
number of residents does not exceed the maximum number allowed under the definition of "family" may
be permitted outright in all residential zones. Any social service transitional housing must be approved
under process I to have more than the maximum number of residents allowed under the definition of
"family" (Type B's).
SECTION 29. Chapter 22, Article X, Section 22-547, of the Federal Way City Code shall be
amended to read as follows:
22-547 Definitions Cate20ries of temporary uses.
The following categories of temporary uses are established:
fl-:) Class I temporary uses shall mean temporary uses including are temporary uses that do not fall under
Class II temporary uses. such as seasonal retail sales of agricultural or horticultural products such as
vegetable, fruit or flower stands; community festivals, circuses, carnivals, fairs, or similar transient
amusement, cultural, or recreational activities; and fundraising, rummage or other outdoor sales
sponsored by school, churches and other nonprofit organizations. Class I temporary uses shall be decided
under F'NCC ~; except that the director of corrummity de';elopment may require an application to
be decided under FWCC 22 550 and process III, FWCC 22 386 et seq., \-..hen it is determined that the
degree and scope of potential impacts of the proposal warrant such revie',v.
~ Class II temporary uses shall mean temporary uses including are temporary uses that involve such as
critical and essential human services of a nonprofit social services nature, including food banks, and
clothing banks, but not including homeless shelters, when the director of eommunity development
services determines that the conditions prompting such proposal are of a critical and temporary nature.
Class II temporary uses shall be decided under FWCC ~(b). (Ord. No. 94-209, S 3, 3-15-94; Ord.
No. 97-291, S 3,4-1-97)
SECTION 30. Chapter 22, Article XIII, Section 22-977, of the Federal Way City Code (FWRC
19.225.005) shall be amended to read as follows:
22-977 [19.225.005] Increases to single-story construction limits - City center core and frame.
(aD Generally. The size of single-story buildings, and/or the total amount of new single-story
construction that can occur on a site may exceed the limits of 16,000 gross square feet as required by
Article XI, Division 8 [chapter 19.225 FWRC and chapter 19.230 FWRC], if approved by the directoref
community de';clopment services using the provisions in this section. The intent of this section is to
encourage creative design proposals and urban- scale, pedestrian-oriented development, by allowing
single-story buildings and/or single-story construction on a site to exceed the limits of 16,000 square feet,
based on the nature and extent to which a project incorporates a mix of uses, multiple-story buildings,
and/or public on-site open space.
(b) Definitions. The following definitions apply to this section:
(1) Floor area means the total area of a building floor plate in gross square feet.
(2) Mixed use building means a building containing two or more different principal permitted uses, as
determined by the director, and \.vhich occupy separate tenant spaces.
(3) Multiple story building means a building containing two or more floors of active permitted use(s),
and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive
areas, contains at least 33 percent of the ground floor area.
(1) The site means subject property as defined by this chapter.
Ordinance No. 08-
Page 700f90
(e2) Formula. The following formula establishes the incremental increases beyond 16,000 gross square
feet that may be added to an existing or proposed single-story building(s) anywhere on the site, in
exchange for the specified uses and building forms:
(+~) One thousand square feet may be added in exchange for each 1,000 square feet of a principal
use(s) contained in an attached or detached mixed-use/multiple-story building.
(;?;h) Two thousand square feet may be added in exchange for each dwelling unit contained in an
attached or detached mixed-use/multiple-story building.
(:3-~) One thousand square feet may be added in exchange for each five parking stalls contained in an
attached or detached parking structure.
(4Q) One thousand square feet may be added in exchange for each 1,000 square feet of public on-site
open space; provided, that it is located and designed according to the definition and design criteria for
public on-site open space set forth in Article XIX.
(51) Modifications. The director may approve minor modifications to the above formula based on
unusual site conditions or unique design proposals, provided the resulting project is consistent with
comprehensive plan policies promoting urban-scale, pedestrian-oriented development in the city center,
and meets all other applicable development regulations and design standards.
(e1) Exclusion from size limits. Those portions of a ground floor that are covered by upper floor space,
within buildings approved under this section, are excluded from the size limits of Article XI, Division 8
[chapter 19.225 FWRC and chapter 19.230 FWRC). (Ord. No. 06-515, S 3,2-7-06)
SECTION 31. Chapter 22, Article XIV, Section 22-1356, of the Federal Way City Code shall be
amended to read as follows:
22-1356 Determination of wetland and regulated wetland.
(a) Generally. This section contains procedures and criteria for determining whether an area is defined
as a regulated wetland under this chapter. The March 1997 Washington State Wetlands Identification and
Delineation Manual (Department of Ecology publication No. 96-94) as set forth in WAC 173-22-080. as
it exists as of November 1, 1999, or as subsequently amended, will be used for identification and
delineation of wetlands within the city. Although a site-specific wetland may not meet the criteria
described above, it will be considered a regulated wetland if it is functionally related to another wetland
that meets the criteria. Where vegetation has been removed, a wetland may be determined by the presence
of hydric soils, as well as other documentation of the previous existence of wetland vegetation such as
aerial photographs.
(b) Evaluation. If the city determines that a wetland may exist on or within 200 feet of the subject
property, the director of community de';elopment shall require the applicant to submit a wetland report,
prepared by a qualified professional approved by the city, that includes the information set forth in
subsections (b)( 1) through (b )(7) and (c) of this section. The director of community development shall use
the information required by subsections (b)(I) and (b)(2) to determine if the area is a regulated wetland
and, if so, shall use the information required by subsections (b)(3) through (b)(7) and (c) to determine the
category and the precise boundaries of that regulated wetland.
(1) An evaluation of whether the area in question is a regulated wetland under this section,
FWCC 22-1357. and the definition of wetland in 22-1., based on the definition of "regulated wetland" in
F'NCC 22 1.
(2) An overview of the methodology used to conduct the study.
(3) A description of the wetland and plant communities found therein, a map delineating the edge
of the wetland and location of plant communities, and a detailed description of the method used to
identify the wetland edge.
(4) The wetland classification, according to the u.S. Fish and Wildlife Service "Classification of
Wetlands and Deep Water Habitats in the U.S."
Ordinance No. 08-
Page 71 of90
(5) A list of observed plant and wildlife species, using both scientific and common names, and a
description of their relative abundance.
(6) A list of potential plant or animal species based on signs or other observation.
(7) An evaluation and assessment of the existing or potential functions and values of the wetland
based on the following factors: surface water control; wildlife habitat; pollution and erosion control;
groundwater exchange; open space and recreation; and educational and cultural opportunities.
(c) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were
designed to impound or convey water for an engineered purpose are not considered regulated wetlands
under this article provided they meet all of the following criteria:
(1) The drainage facility must have been intentionally human created. This is to differentiate from
those wetland sites that are accidental consequences of development actions, such as road construction or
culvert placement. Such sites may be considered regulated wetlands by the director upon a review, under
subsection (b )(7) of this section, of the ecological functions and values of the site.
(2) The drainage facility must have been originally constructed on uplands (nonwetland areas). If
the drainage facility is located within a straightened, channelized, or otherwise disturbed natural
watercourse, it may be considered a regulated wetland by the director upon a review, under subsection
(b )(7) of this section, of the ecological functions and values of the site.
(3) The facility must be actively operated as a surface water drainage facility. Abandoned
drainage facilities may be considered regulated wetlands by the director upon a review, under subsection
(b )(7) of this section, of the ecological functions and values of the site.
(4) Wetland conditions have not expanded beyond the originally constructed drainage facility
boundary. In such a case, the expanded area may be considered a regulated wetland by the director upon
review, under subsection (b)(7) of this section, of the ecological functions and values of the site.
(5) The drainage facility was not designed or constructed as a requirement to mitigate previous
wetland impacts.
(6) The director finds that limited ecological functions and values do not warrant application of
the city's wetland regulations. (Ord. No. 90-43, S 2(80.145),2-27-90; Ord. No. 91-105, S 4(80.145), 8-
20-91; Ord. No. 91-123, S 3(80.145),12-17-91; Ord. No. 99-353, S 3,11-16-99; Ord. No. 04-468, S 3,
11-16-04; Ord. No. 07-554, S 5(Exh. A(10)), 5-15-07)
SECTION 32. Chapter 22, Article XVII, Section 22-1568, of the Federal Way City Code shall be
amended to read as follows:
22-1568 Significant trees.
(a 1) Purpose. The purpose of this section is to: (1) Regulate the removal of trees from property within
the city in order to preserve, protect and enhance a valuable natural resource; (2) Establish standards to
limit the removal of and ensure the replacement of trees sufficient to safeguard the ecological and
aesthetic environment of a community; (3) Discourage the unnecessary clearing and disturbance of land
so as to preserve the natural and existing growth of vegetation; and (4) Maintain a minimum number of
significant trees.
(b) Definition. "A. significant tree shall be defined as:
(1) Twebe inches in diameter or 37 inches in circumference measured four and one half feet
above ground; and
(2) In good health; and
(3) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public
open space or right of '.'lay, etc.) or obscuring safe sight distance requirements. Significant trees shall not
include red alder, cottoll'i'lood, poplar or big leaf maplc.
Ordinance No. 08-
Page 720f90
Piqure 1C - SeC. 22-15Ga(b)
(c) Standards.
(+2) Retention required. Significant trees shall be retained on the subject property to the maximum
extent possible in all developments as follows:
a. If the approved development on the subject property will require the removal of more than 75
percent of the significant trees on the subject property, significant trees shall be replaced in amount equal
to 25 percent of the significant trees which existed on the subject property prior to commencing any
development activity.
b. All significant trees located within any required perimeter landscaping area shall be retained
and/or replaced.
c. Significant trees required to be retained within on-site sensitive areas can be used toward
satisfying the 25 percent on-site significant tree retention regulations.
d. All significant trees located within required on-site recreation or open spaces shall be retained,
provided they do not conflict with on-site active recreation areas.
e. The significant tree retention requirements of this chapter shall not apply to the city center
zoning district.
f. There shall be no cutting of significant trees without authorization from the city for the purpose
of preparing that site for future development.
g. Up to one-half of the 25 percent significant tree replacement requirement may be satisfied by
planting larger trees in required landscape areas such as landscape islands, buffers, and perimeter
landscaped areas. Such trees shall be a minimum 12 feet in height for evergreen and three and one-half-
inch caliper for deciduous or broadleaf trees. Example: 100 on-site significant trees requires 25 to be
retained or replaced. Applicant may plant 13 larger trees within required landscape areas which meet size
requirements mentioned above.
h. Article XIX of this chapter may apply additional, use-specific standards related to significant
trees.
(;?;1) The applicant shall submit a tree retention plan concurrent with the first permit application for
that development. The tree retention plan shall consist of the following:
a. A tree surveyor cluster survey that identifies the location, size, number and species of all
significant trees on the site.
b. A development plan identifying the significant trees that are proposed to be retained, removed,
transplanted, or replaced, including a final report on percentage retained.
(:3-1) Each retained significant tree not located within perimeter landscaping may be credited as two
trees for purposes of complying with the retention requirements of subsection (c)(1)(a) of this section,
provided the tree meets at least one of the following criteria:
a. The tree is located in a grouping of at least five trees with canopies that touch or overlap; or
b. The tree provides energy savings through winter wind protection or summer shading as a result
of its location relative to proposed buildings; or
Ordinance No. 08-
Page 73 of 90
c. The tree belongs to a unique or unusual species of native or non-native tree not usually found
locally.
(4~) Where it is not feasible to retain required significant trees due to site constraints including, but
not limited to, topography, ingress/egress requirements, existing and proposed utility locations, trails,
storm drainage improvements, a site specific tree plan, drawn to scale, shall be prepared. The tree plan
shall show the precise location of all significant trees on the site, in relation to the proposed buildings,
streets, parking areas, required landscaped areas, surface water facilities, and utilities. The director ef
community dcvelopmcnt shall review the plan in relation to the proposed development to ensure tree
removal is the minimum amount necessary to comply with the proposed development and meet the
purposes of this chapter.
(~Q) When required significant trees cannot be retained (see subsection (c)(4) of this section),
significant trees that are removed shall be replaced with:
a. Transplanted or retained on-site trees four-inch caliper or larger, which meet the definition of
significant tree in all manner except size, and approved by the community development director, based
upon the director's assessment of the location of the tree in relation to the proposed site development; or
b. New evergreen trees that are a minimum 10 feet in height, or deciduous trees that are a
minimum three-inch caliper.
The number of replacement trees, combined with the number of retained significant trees, shall equal 25
percent of the amount of on-site significant trees which existed prior to development.
(61) The following management practices shall be observed on sites containing significant trees, to
provide the best protection for significant trees:
a. No clearing shall be allowed on a proposed development site until the tree retention and
landscape plans have been approved by the city of Federal Way;
b. A no disturbance area, which shall be defined to be to the drip line of the significant tree, shall
be identified during the construction stage with either-:-h-A .iLtemporary five-foot chain-link fence~ or
!! line of five-foot high, orange-colored two-by-four inch stakes placed no more than ten feet apart
connected by highly visible surveyor's ribbon;
c. No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted
within the no disturbance area;
d. If the grade level around the tree is to be raised by more than one foot, a rock well shall be
constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10
feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells;
e. The grade level shall not be lowered within the larger of the two areas defined as follows: 1.
~ the drip line of the tree(s)~ or 2-:-Afl the area around the tree equal to one foot in diameter of each
inch of tree trunk diameter measured four feet above the ground;
f. Alternative protection methods may be used if accepted by the director of community
dcvelopment department to provide equal or greater tree protection;
g. Encroachment into the no disturbance area may be allowed where the director determines
encroachment would not be detrimental to the health of the tree. (Ord. No. 93-170, S 4, 4-20-93; Ord. No.
07-559, S 3(Exh. A), 7-3-07)
SECTION 33. Chapter 22, Article XVIII, Section 22-1597, of the Federal Way City Code is hereby
repealed as follows:
22 1597 Definitions.
The f-allowing words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this scction, except v/here the context clearly indicates a differcnt meaning:
Ordinance No. 08-
Page 74 of 90
(1) l.bandoned sign means any sign remaining in place after a sign has not been maintained for a period
of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180
consecutive days.
(2) "^~dministrator means the director of community development or his/her designated representative.
(3) }.dvertised activity for freeway profile signs. For the purpose of measuring from the advertised
acti','ity for an individual business, the distance shall be measured from the sign to the nearest portion of
that building, storage, or other structure or processing area v/hieh is thc most regularly used and essential
to the conduct of the activity; and for a center identification sign, which identifies businesses within a
lIRllti tenant complex, the distance shall be measured from the sign to the nearest portion of the eombined
parking area of the subject property.
(1) "^~1imatod or mo';ing sign means any sign that uses movement or the appearance of movement of a
sign display through the use of patterns of lights, changes in color or light intensity, computerized special
effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving
lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the
scrolling of a static message, scene, or color onto or off a sign board in one direetion per message.
(5) i\rchitectural embellishments Signs means the aesthetic elements of the structure that includes or
encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or
sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or
supporting the sign.
(6) j\wning means a shelter projecting from and supported by the exterior wall of the building and which
is constructed of a noncombustiblc framework and covered by a flexible or nonrigid fabric. i\wnings can
be fixed, retractable, or collapsible. "^.ny structure that extends above the adjacent parapet or roof of a
supporting building is not included within the definition of awning.
(7) "^.wning or canopy sign means a non electric sign on the vertical surface or flap that is printed on,
painted on, or attached to an a'.'ming or canopy. Illumination for the awning or canopy shall be for safety
purposes only, and therefore, shall point to'lIard the ground and not illuminate the canopy. (See also
"Marquee sign.")
__.,-- 1'\
---- lJ
J
~
J>-OfT;.llS~..~
Slt1e'",~
Figure 1- Awning or Canopy Sign
(8) Balloon means a decorati'/e inflatable device, generally composed of a thin layer of latex or mylar,
into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See
also "Inflatable advertising devicc.")
(9) Banner means a sign made of fabrie or any nonrigid material ',vith no enclosing framework.
(10) Billboard means permanent outdoor advertising off site signs containing a message, commercial or
othcrwise, unrelated to any use or activity on the subject property on which the sign is located, but not
including civic cvent signs, signs orionted to the interior of sports fields, go';ernment signs, or
instructional signs.
(11) Building mounted signs means any sign attached to the facade or face of a building or mansard roof
including without limitation wall signs, marquee signs, under canopy signs and projecting signs.
(12) Cabinet sign means a sign constructed of a box, rigid material, or framework ovcr or within which is
secured the sign copy, text graphics, or other sign elements. Cabinct signs may ha';e either interior or
exterior illumination.
Ordinance No. 08-
Page 750f90
ft"~
-".~"
~ //
I
Figure 2 - Cabinet Sign
(13) Canopy Building means a rigid, multi sided structure covered with fabric, metal, or other material
and supported by a building at one or more points or extremities and by columns or posts embedded in the
ground at other points or extremities. /.ny structure which extends above any adjacent parapet or roof of
thc supporting building is not included within the definition of a building canopy.
(14) Canopy Freestanding means a rigid, multi sided structure covered with fabric, metal, or other
material and supported by one or morc posts embedded in the ground.
(15) Canopy sign. See ""\wning or canopy sign."
(16) Center identification sign means a building mounted or freestanding sign that identifies the name
and/or logo of a dcvelopment containing more than one office, retail, institutional or industrial use or
tenant and '.vhich may separately identify the tenants.
(17) Changeable copy sign means a sign whose informational content can be changed or altered (without
changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro
mechanical, or clectronic means. "A. sign on which the message changes more than eight times a day shall
be considered an electronic changeable message sign and not a changeable copy sign for purposes of this
chapter. "\ sign on which the changing is an electronic or mechanical indication of time and/or
temperature shall be considered a "time and temperature" sign and not a changeable copy sign.
(18) City means the city of Federal Way, a 'Nashington municipal corporation, unless the context clearly
indicates otherwise.
(19) Clearvie',y zone means the definition set forth in FWCC 22 1151 et seq. of this Code for intersection
sight distancc requirements.
(20) Community service event or civic eyent means an event or gathering (such as a food fest, concert,
fun run, cultural exhibition, or charitable fund raising e','ent) sponsored by a private or public nonprofit
organization. Sponsoring organizations can include, but arc not limited to, schools, churches, and/or civic
fraternal organizations, theater and arts groups, and charitable organizations. The event may not be
primarily for the purpose of selling or promoting merchandise or services.
(21) Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or
material supplier participating in construction on the property on which the sign is located. Construction
signs also include "Coming Soon" and "Open During Construction" signs.
(22) Copy means the graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic form.
(23) Directional sign, on site means a sign giving directions, instructions, or facility information and
which may contain the name or logo of an establishment but no ad'/ertising copy (e.g., parking, exit or
entrance signs).
(21) Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are
usefr
(25) Electronic changeable message sign means an electronically activated sign whose message content,
either whole or in part, may be changed by means of electronic programming.
(26) Exposed building face means the building exterior '",all of a single occupant building or the building
exterior Viall of an indi','idual tenant's leascd space in a multi tenant complex, including the vertical
distance betwecn eaves and ridge of a pitched roof above it, used for sign area calculation for building
mounted signs.
Ordinance No. 08-
Page 76 of 90
(27) Facade means the entire building front including the parapet.
(28) Festoons means a string of ribbons, tinsel, small flags, or pinwheels.
(29) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem
or for decoration.
(30) Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a
constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical
energy or illumination.
(31) Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a
solid base and not attached to any building. Frcestanding signs include those signs otherwise known as
"pedestal signs," "pole signs," "pylon signs," and "monument signs."
/"
Sign
He"ohl
L' ./
1
Sign
Height
Figure 3 - Freestanding Sign
(32) Frontage mcans the length of the property line along any public right of way on which it borders.
(33) Frontage, building mcans the length of an outside building wall on a public right of 'Nay.
(31) Fuel price sign means a sign displaying the price of fuel for motorized vehides.
(35) Graffiti means the inscription of symbols, 'I-Vords, or piChli'es by painting, spray painting or other
means of defacing public or priyate property.
(36) Grand opening means a promotional acti'/ity used by newly established businesses to inform the
public of their location and services a';ailable to the community. "A. grand opening does not mean an
annual or occasional promotion of retail sales or other services, and does not include a change in
ownership, remodeling, or other change incidental to the initial establishment of the business.
(37) Ground mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign permanently
affixed to the ground.
(38) Goyemment sign means any temporary or permanent sign erected and maintained by any city, public
utility, county, state, or federal gO'iernment for designation of or direction to any school, hospital, hospital
site, property, or facility, including without limitation traffic signs, directional signs, warning signs,
informational signs, and signs displaying a public service message.
(39) Height (of a sign) means the yertical distance measurcd from the highest point of the sign to the
grade of the adjacent street or the surface grade beneath the sign, whiche','cr is less.
(10) Identification sign mcans a sign whose copy is limit cd to the name and addrcss of a building,
institution, or person and/or to thc activity or occupation being identified.
Ordinance No. 08-
Page 77 of 90
(~1) Identification sign (subdivision) means a freestanding or wall SIgn identifying a recognized
subdiyision, condominium complex, or residential development.
(12) Illuminated sign means a sign with an artificial light source incorporated internally or ex.temally for
the purpose of illuminating the sign.
(13) Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or
services available on the premises (e.g., a credit card sign or a sign indicating hours of business).
( 11) Inflatable adyertising de';ice means an advertising device that is inflated by some means and used to
attract attention, ad';ertisc, promote, market, or display goods and/or services. These devices include large
single displays or displays of smaller balloons connected in some fashion to create a larger display.
(15) Instructional sign means a sign which designates public information including, ',vithout limitation,
public restroom signs, public telephone signs, exit signs and hours of operation signs.
(16) Integral sign means a sign displaying a building date, monument citation, commemorative
inscription, or similar historic information.
(17) Kiosk means a freestanding sign, v/hich may haye a round shape or which may have t'.vo or more
faces and which is used to provide directions, advertising or general information.
(48) Maintenance (of a sign) means the cleaning, painting, and minor repair of a sign in a manner that
does not alter the basic design, size, height, or structure of the sign.
(19) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof like
projecting structure attached to a building.
(50) Menu board means a permanently mounted sign advertising the bill of fare for a drive in or drive
through restaurant.
(51) Monumcnt sign mcans a freestanding sign supported pcrmanently upon the ground by a solid base of
landscape construction materials such as brick, stucco, stonework, textured 'llood, tile or textured concrete
materials harmonious with the materials of the primary structure on the subject property. (See drawing set
forth in FWCC 22 1602(c)(2), Figure 8.)
(52) Multi tenant complex means a complex containing t'.vo or more uses or businesses.
(53) Multiuse complex means the definition of "multiuse complex" set forth in FWCC ~.
(51) Mural means a dcsign or representation that is painted or dra','.'ll on the exterior slffface of a structure
and that does not advertise a business, product, service, or activity.
(55) Nameplate means a non electric on premises identification sign giving only the name, address,
and/or occupation of an occupant or group of occupants of the building.
(56) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other
similar gas, \vhich glows 'l/hen electric current is sent through it.
(57) Nonconforming sign means any sign, which was legally in existence on the effective date of this
Code, February 28, 1990, or on thc effective date of annexation if located in areas annexed to the city
thereafter, but '.vhich docs not comply with this article or any other sections of this Code.
(58) Notice of determination means the determination that the city issues as to whether a sign conforms to
this article and other sections of this Code.
(59) Obsolete sign means a sign that advertises a product that is no longer made, a business that is no
longer in operation, or an activity or event that has already occurred, except for historical signs.
(60) Off site sign means a sign rclating, through its message and content, to a business activity, use,
product, or service not ayailable on the subject property on which the sign is located.
(61) On site sign means a sign which contains only adT,ertising strictly applicable to a lawful use of the
subject property on '.vhich the sign is located, including without limitation signs indicating the business
transacted, principal services rendered, and goods sold or produced on the subject property, or name of
the business and name of the person occupying the subject property.
(62) Pcrson means any individual, corporation, association, firm, partnership, or other legal entity.
(63) Pedestal means freestanding signs supported permanently upon the ground by a solid base of
landscape construction materials such as brick, stucco, stonev/ork, textured wood, tile or textured concrete
materials harmonious with the materials of the primary structure on the subject property. Such base shall
Ordinance No. 08-
Page 78 of 90
be equal to at least 50 percent of the sign width. (See drawing set forth in F'NCC 22 l602( c)( 1), Figure
6-:1
(61) Point of purchase display or sign means an ad'/ertisement for an item accompanying its display
indicating only instructions and the eontents or purpose of the item (e.g., an advertisement on a product
dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.).
(65) Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or
braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials
harmonious with the materials of the primary structure on the subject property and not attached to any
building. (See drawing set fDrth in FWCC 22 l602( c)( 1), Figure 7.)
(66) Political signs means temporary signs advertising a candidate or candidates for public elective office,
or a political party, or signs urging a particular vote on a public issue decided by ballot in connection '.vith
local, state, or national election or referendum.
(67) Portable sign means any sign designed to be mO'/ed easily and not permancntly affixed to the ground
or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of
durable materials such as metal, wood, or plastic.
(68) Pre opening sign means a temporary sign which identifies a new business moving into a nevI tenant
space or building. The sign ITRlst include the name of the business and copy stating the business 'NiB open
€ "G . S " "8 . S "t j
soon e.g., ommg oon... penmg oon..., e c. .
(69) Pri'/ate advertising sign means a temporary sign announcing an event, use or condition of personal
concern to the sign user including without limitation "garage sale" or "lost animal" signs.
(70) Private notice sign means a sign announcing a restriction or 'Narning regarding the su~ect property,
such as, but not limited to, "no trespassing" or "beware of dog."
(71) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a
building wall or other structure not specifically designed to support the sign.
Ordinance No. 08-
Page 79 of 90
o 0
II
Figure 4 - Proj~-ting Sign
(72) Pl:lblic right of v/ay means land owned, dedicated or conveyed to the public, used primarily for the
movement of vehicles, whcelchair and pedestrian traffic and Right of way may include land privately
o'.vned, used primarily for the moyement of vehicles or pedestrian traffic, so long as such privately o':.'ned
land has been construct cd in compliance '\-'lith all applicable laws and standards for a public right of way.
(73) Real estate, off site sign means a portable or temporary sign announcing the proposed sale of
property other than the property upon which the sign is located and providing dircctions to the subject
property.
(71) Real estate, on site sign means a sign placed on the subject property and announcing the sale or
rental of the subjcct property.
(75) Registration sticker means the sticker that is assigned to a sign that has been inventoried and has
been determined to comply with this article and other sections of this Code.
(76) Roof sign means any sign erected, constructed, or placed upon, over, or extended abo,te any portion
of thc roof of a building or structure, excluding signs affixed to the 'lcrtical face of a mansard or gambrel
style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extended
above the lm,vest vertical section of a mansard or gambrel roof.
(77) Sign mcans any communication device, structure, fixture, or plaeard that uses colors, words, letters,
numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the
purpose of:
(a) Providing information or dircctions; or
(b) Promoting, identifying, or advertising any place, building, use, business, event, establishment,
product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign.
Painted wall designs or patterns which do not represent a product, service, or registered trademark, and
which do not identify the user, are not considercd signs. If a painted wall design or pattern is combined
'.vith a sign, only that part of the design or pattern which cannot be distinguished from the sign will be
considered as part of the sign.
(78) Sign area means the entire area of a sign on \vhich colors, words, letters, numbers, symbols, graphics,
graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structme,
architectural embellishments and framework. Sign arca is calculated by measuring the perimeter
enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols,
trademarks, and/or written copy; provided, howevcr, that except that sign arca is calculated for individual
letters, numbers~ or symbols using a canopy, awning or wall as the background, without added decoration
or change in the canopy, a'.vning or wall color, ha'lc sign area calculated by measuring the perimeter
enclosing each lettcr, number~ or symbol and totaling the square footage of these perimeters.
Ordinance No. 08-
Page 80 of90
Grocery
I G+r+o+c+e+r+y '" Sign Area
"a.1
"d"
L;~~~~J'"
I a x ( b+c+d+(I) '" Sign Area I
Figure 5 - Calculating Sign Arc
(79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics,
graphic design, figures, logos, trademark and/or 'Nritten copy is placed.
(80) Sign invcntory sticker means the sticker that is assigned to any sign after it has been inventoried and
determined to be a legal nonconforming sign.
(81) Sign inventory sticker number mcans the inventory number that is assigned to a sign after it has been
inventoried and determined to be a legal nonconforming sign.
(82) Sign registration means the approval issucd to any sign that has an approved sign permit and that has
passed all inspections required by the city, or is in conformance with this Code after an analysis
conducted as part of a sign inventory.
(83) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles,
except those posted by a government or public utility.
(81) Temporary sign means a sign not constructed or intended for long term use.
(85) Tenant directory sign means a sign for listing the tCflants or occupants and then suite numbers of a
building or center.
(86) Time and temperature sign means any sign that displays the current time and temperature, without
any commercial message.
(87) Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath
a canopy or marquee which is at a 90 degree right angle to the adjacent exposed building face and which
contains no commercial mcssages other than the name of the business.
Ordinance No. 08-
Page 81 of90
(88) V chicle sign means a sign temporarily affixed or attached to a parked vehicle for the plH'pose of
ad';ertising a product or service, or providing directions to such products or serviccs.
(89) Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a
sign attached cssentially parallel to and extcnding not more than 21 inches from the wall of a building
v/ith no copy on the side or edges.
(90) Warning sign means any sign '.vhich is intended to v/arn persons of prohibited actiyities such as "no
trespassing," "no hunting," and "no dumping."
(91) Window sign means all signs affixed to a windo'll and intended to be viewed from the exterior of the
struC1lH'e. (Ord. No. 95 235, ~ 1, 6 6 95; Ord. No. 99 318, ~ 5, 9799; Ord. No. 99 357, ~ 5, 12 7 99;
Ord. No. 05 186, ~ 3, 1 1905; Ord. No. 05 187, ~ 3, 4 1905; Ord. No. 05 501, ~ 3, 10 1 05; Ord. No.
06 523, ~ 3(Exh. "^.), 1 18 06)
SECTION 34. Chapter 22, Article XIX, Section 22-1630, of the Federal Way City Code shall be
amended to read as follows:
22-1630 Purpose.
The purpose of this article is to:
(1) Implement community design guidelines by:
a. Adopting design guidelines in accordance with land use and development policies established
in the Federal Way comprehensive plan and in accordance with Crime Prevention Through
Environmental Design (CPTED) Guidelines.
b. Requiring minimum standards for design review to maintain and protect property values and
enhance the general appearance of the city.
c. Increasing flexibility and encouraging creativity in building and site design, while assuring
quality development pursuant to the comprehensive plan and the purpose of this article.
d. Achieving predictability in design review, balanced with administrative flexibility to consider
the individual merits of proposals.
e. Improving and expanding pedestrian circulation, public epeH space, and pedestrian amenities in
the city.
(2) Implement Crime Prevention Through Environmental Design (CPTED) principles by:
a. Requiring minimum standards for design review to reduce the rate of crime associated with
persons and property, thus providing for the highest standards of public safety.
b. CPTED principles are functionally grouped into the following three categories:
1. Natural Surveillance. This focuses on strategies to design the built environment III a
manner that promotes visibility of public spaces and areas.
2. Access Control. This category focuses on the techniques that prevent and/or deter
unauthorized and/or inappropriate access.
3. Ownership. This category focuses on strategies to reduce the perception of areas as
"ownerless" and, therefore, available for undesirable uses.
c. CPTED principles, design guidelines, and performance standards will be used during project
development review to identify and incorporate design features that reduce opportunities for criminal
activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices
about their targets. In general:
1. The greater the risk of being seen, challenged, or caught, the less likely they are to commit
a cnme.
2. The greater the effort required, the less likely they are to commit a crime.
3. The lesser the actual or perceived rewards, the less likely they are to commit a crime.
d. Through the use of CPTED principles, the built environment can be designed and managed to
ensure:
Ordinance No. 08-
Page 82 of90
1. There is more chance of being seen, challenged, or caught;
2. Greater effort is required;
3. The actual or perceived rewards are less; and
4. Opportunities for criminal activity are minimized. (Ord. No. 96-271, S 3, 7-2-96; Ord. No.
99-333, S 3,1-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 06-515, S 3,
2-7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07)
SECTION 35. Chapter 22, Article XIX, Section 22-1633, of the Federal Way City Code is hereby
repealed as follows:
22 1633 Definitions.
(1) l\ctive use(s) means uses that by their very nature generate acti'lity, and thus opportunities for natural
surveillance, such as picnic areas, cxtracurricular school activities, exercise groups, etc.
(2) "'\rcade means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
co';ered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space aboye the arcade.
(3) "\vt'lling means a roof like co';er that is temporary or portable in nature and that projects from the wall
of a building for the purpose of shielding a doorway or window from the clements.
(1) Canopy means a pcrmanent, cantilevered extension of a building that typically projects over a
pedcstrian walkway abutting and running along the facade of a building, with no habitable space above
the canopy. "\ canopy roof is comprised of rigid materials.
(5) Common/~open space area mcans-.illLarea within a development, which is used primarily by the
occupants of that devclopment, such as an entryway, lobby, courtyard, outside dining area, etc.
(6) Natural surveillance means easy obscrvation of buildings, spaces, and activities by people passing or
living~/vlOrking....Jrr /recreating nearby.
(7) Parking structure means a building or structure consisting of more than one level, above and/or below
ground, and used for temporarj storage of motor vehicles.
(8) Plaza means a pedestrian space that is available for public use and is situated near a main entrance to a
building or is clearly visible and accessible from the adjacent right of way. Typical features and
furnishings include special paving, landscaping, pedestrian scale lighting, seating areas, weather
protection, water features, art, trash receptacles, and bicycle racks.
(9) Public on site open space means a passive and/or active recreational area designed specifically for use
by the general public as opposed to serving merely as a setting for the building. Such areas may include
parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved
combination thereof, and may contain exterior and/or interior spaces. Such areas shall be easily accessible
from adjacent public areas and u','ailable to the public at least 12 hours each weekday. Public on site open
space may be privately owned, but must be permanently set aside and maintained for the use and benefit
of the public.
(10) Right of way means land owned, dedicated or conveyed to the public, used primarily f-ar the
movement of vehicles, wheelchair and pedestrian traffic and Right of way may include land privately
owned, used primarily for the moyement of vehicles or pedestrian traffic, so long as such privately ovt'lled
land has been construct cd in compliance with all applicable laws and standards for a public right of v/ay.
(11) Sight line means thc line of ','ision from a person to a place or building.
(12) Streetscape means the yisual character and quality of a street as determined by ','arious elements
located between the street and building facades, such as trees and other landscaping, street furniture,
art'.vork, transit stops, and the architectural quality of street facing building facades.
(13) Streetscape amenities, as used in this article, means pedestrian oriented features and furnishings
within the streetscape, such as bench seats or sitting '.valls, '.'leather protection, ',vater features, art, transit
stops with seating, architectural facade treatments, garden space associated with residences, pedestrian
Ordinance No. 08-
Page 83 of90
scale lighting, landscaping that does not block vicws from the street or adjacent buildings, special paving,
kiosks, trellises, trash receptacles, and bike racks.
(11) Surface parking lot means an off street, ground lcvel open area, usually impro';ed, for the tcmporary
storage of motor vehicles.
(15) Transparcnt glass means windows that arc transparent enough to permit the vie'll of acti,..ities within
a building from nearby streets, sidewalks and public spaces. Tinting or some coloration is permitted,
provided a reasonable level of visibility is achieved. Reflective or very dark tinted glass does not
accomplish this objective.
(16) V/ater feature moans a fountain, cascade, stream water, water wall, water sculpture, or reflection
pond. The purpose is to serve as a focal point for pedestrian activity. (Ord. No. 96 271, ~ 3, 7 2 96; Ord.
No. 99 333, ~ 3,1.1999; Ord. No. 00 382, ~ 3,1 1601; Ord. No. 03 113, ~ 3, 52003; Ord. No. 06515,
~ 3, 2 7 06)
SECTION 36. Chapter 22, Article XIX, Section 22-1638, of the Federal Way City Code shall be
amended to read as follows:
22-1638 District guidelines.
In addition to the foregoing development guidelines, the following supplemental guidelines apply to
individual zoning districts:
(a) Professional office (PO), neighborhood business (BN), and community business (Be).
(1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent
to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes
pedestrian access and circulation pursuant to FWCC 22-l634( d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and
shall incorporate windows and other methods of articulation.
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the
scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and
access to other existing plaza or streetscape features.
(5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or
pedestrian area.
(6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not
screened by Type I landscaping as defined by Article XVII, shall utilize vinyl-coated mesh, powder-
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For residential uses only:
(7) All significant trees within a 20-foot perimeter strip around the site shall be retained and/or
replaced within the applicable required landscape buffer.
(8) Landscaped yards shall be provided between building(s) and public street(s). Parking lots
should be beside or behind buildings that front upon streets.
(9) Parking lots should be broken up into rows containing no more than 10 adjacent stalls,
separated by planting areas.
(10) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the
project and the public sidewalk.
(11) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields.
Ordinance No. 08-
Page 84 of 90
20.
Figure 16 - See. 22 - 1638 (a)
(12) Principal entries to buildings shall be highlighted with plaza or garden areas containing
planting, lighting, seating, trellises and other features. Such areas shall be located and designed so
windows overlook them.
Figure 17 - Sec. 22 - 1638 (a)
(13) Common recreational spaces shall be located and arranged so that windows overlook them.
Figure 18 - Sec. 22 - 1638 (a)
(14) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to
them so those exterior portions of the site are controlled by individual households.
Ordinance No. 08-
Page 85 0/90
Figure 19 - See. 22 - 1638 (a)
(15) All new buildings, including accessory buildings such as carports and garages, shall appear
to have a roof pitch ranging from at least 4:12 to a maximum of 12:12.
Figure 20 - Sec. 22 - 1638 (a)
(16) Carports and garages in front yards should be discouraged.
(17) The longest dimension of any building facade shall not exceed 120 feet. Buildings on the
same site may be connected by covered pedestrian walkways.
(18) Buildings should be designed to have a distinct "base," "middle" and "top." The base
(typically the first floor) should contain the greatest number of architectural elements such as windows,
materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison,
may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a
flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc.
.... j.11I\~ ~.I - S(:'l:~ ).;' - . 6~~ {:t ~
(19) Residential design features, including but not limited to entry porches, projecting window
bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or
stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim
material or painted detailing that resembles trim.
(20) Subsection (a)(13) of this section shall apply to self-service storage facilities.
(b) Office park (OP), corporate park (CP), and commercial enterprise (CE).
(1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent
to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes
pedestrian access and circulation pursuant to FWCC 22-l634( d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way.
Ordinance No. 08-
Page 86 of90
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the
scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and
accessibility from the building to other existing plaza or streetscape features.
(5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or
pedestrian area.
(6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not
screened by Type I landscaping as defined in Article XVII, shall utilize vinyl-coated mesh, powder-
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For non-single-family residential uses only:
(7) Subsections (a)(5) through (a)(l7) of this section shall apply.
(c) City center core (CC-C) and city center frame (CC-F).
(1) The city center core and frame contain transitional forms of development with surface parking
areas. However, as new development or redevelopment occurs, the visual dominance of surface parking
areas shall be eliminated or reduced.
Therefore, parking shall be located behind building(s), with building(s) located between rights-of-way
and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject
to the following criteria:
a. In the city center core, surface parking and driving areas may not occupy more than 25
percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
b. In the city center frame, surface parking and driving areas may not occupy more than 40
percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
c. A greater amount of parking and driving area than is specified in subsections (c)(l)(a) and
(b) of this section may be located along other rights-of-way; provided, that the parking is not the
predominant use along such right-of-way, as determined by the director.
(2) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of-
way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects
exposed to more than one right-of-way.
(3) Building facades shall incorporate a combination of facade treatment options as listed in
FWCC 22-l635(b) and 22-1 635(c)(2), to a degree that is appropriate to the building size, scale, design,
and site context, and according to the following guidelines:
a. Principal facades containing a major entrance, or located along a right-of-way, or clearly
visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented
architectural treatments, including distinctive and prominent entrance features; transparent glass such as
windows, doors, or window displays in and adjacent to major entrances; structural modulation where
appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural
articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At
least 40 percent of any ground level principal facade located along a right-of-way must contain
transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows,
walkways, and open space, and may include container gardens, wall and window planters, hanging
baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping
should not block views to the building or across the site. Foundation landscaping may be used to enhance
but not replace architectural treatments.
b. Secondary facades not containing a major building entrance, or located along a right-of-
way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are
Ordinance No. 08-
Page 87 of90
less pedestrian-oriented than in subsection (c)(3)(a) of this section, such as a combination of structural
modulation, architectural articulation, and foundation landscaping.
c. Principal facades of single-story buildings with more than 16,000 sq. ft. of gross ground
floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a
human scale. This may be accomplished through such design techniques as a series of distinctive entrance
modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent
to the entrance.
(4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any
pedestrian plazas and public on site open space to primary building entrances. Where a use fronts more
than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of-
way nearest to the principal building entrance. Multiple-tenant complexes shall provide pedestrian
walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly
delineated by separate paved routes using a variation in color and texture, and shall be integrated with the
landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six feet in
the city center frame, and a minimum clear width of eight feet in the city center core, and shall be
protected from abutting parking and vehicular circulation areas with landscaping.
(5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a
building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza.
Such facilities shall be located along other, secondary facades, as determined by the director, and shall
meet the separation, screening, and design standards listed in FWCC 22-1634(g)(2)(b), ( c), and (d).
(6) Above-grade parking structures with a ground level facade visible from a right-of-way shall
incorporate any combination of the following elements at the ground level:
a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal
frontage along the right-of-way; or
b. A 15-foot-wide strip of Type III landscaping along the base of the facade; or
c. A decorative grille or screen that conceals interior parking areas from the right-of-way.
(7) Facades of parking structures shall be articulated above the ground level pursuant to FWCC
22-1635( c)(1).
(8) When curtain wall glass and steel systems are used to enclose a building, the glazing panels
shall be transparent on 50 percent ofthe ground floor facade fronting a right-of-way or pedestrian area.
(9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used.
(10) For residential uses, subsections (a)(6) through (a)(9), (a)(1l), (a)(12), (a)(14), (a)(16), and
(a)(l7) ofthis section shall apply.
(d) For all residential zones.
(1) Nonresidential uses. Subsections (a)(5) through (a)(lO) and (a)(13) through (a)(17) of this
section shall apply.
(2) Non-single-family residential uses except for zero lot line townhouse residential uses and
attached dwelling units. Subsections (a)(5) through (a)(17) ofthis section shall apply.
(3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9),
(a)(ll) through (a)(l4), and (a)(l7) of this section shall apply. (Ord. No. 96-271, * 3,7-2-96; Ord. No. 99-
333, * 3, 1-]9-99; Ord. No. 00-382, * 3, ]-]6-0]; Ord. No. 03-443, * 3, 5-20-03; Ord. No. 05-506, * 3, 10-]8-05;
Ord. No. 06-5]5, * 3,2-7-06; Ord. No. 07-554, * 5(Exh. A(l5)), 5-]5-07; Ord. No. 07-559, * 3(Exh. A), 7-3-07)
SECTION 37. Chapter 22, Article XIX, Section 22-1640, of the Federal Way City Code shall be
amended to read as follows:
22-1640 Design criteria for public on site open space.
Ordinance No. 08-
Page 88 of90
The following guidelines apply to public on site open space that is developed pursuant to Article XI,
Division 8, of this chapter. All public epeH: space proposed under this section shall meet the definition of
public on site open space as set forth in this article and all of the following criteria:
(1) The total minimum amount of public epeH: space that shall be provided in exchange for bonus
height is equal to 2.5 percent of the "bonus" floor area, in gross square feet; provided, that the total public
epeH: space area shall not be less than 500 square feet.
(2) The public epeH: space may be arranged in more than one piece if appropriate to the site context,
as determined by the director.
(3) The public epeH: space shall abut on, or be clearly visible and accessible from, a public right-of-
way or pedestrian pathway.
(4) The public epeH: space shall be bordered on at least one side by, or be readily accessible from,
structure(s) with entries to retail, office, housing, civic/public uses, or another public epeH: space.
(5) The open space shall not be located on asphalt or gravel pavement, or be adjacent to un screened
parking lots, chain-link fences, or on-site blank walls, and may not be used for parking, loading, or
vehicular access.
(6) The open space shall be sufficiently designed and appointed to serve as a major focal point and
public gathering place. It shall include a significant number of pedestrian-oriented features, furnishings,
and amenities typically found in plazas and streetscapes, and as defined in this article, such as seating or
sitting walls, lighting, weather protection, special paving, landscaping, trash receptacles, and bicycle
racks. In addition, the open space(s) should provide one or more significant visual or functional amenity
such as a water feature, artwork, or public restroom, and should allow for active uses such as vending,
farmers' markets, live performing arts space, and art shows. (Ord. No. 96-271, S 3, 7-2-96; Ord. No. 99-
333, ~ 3, 1-19-99; Ord. No. 00-382, ~ 3, 1-16-0 1; Ord. No. 03-443, ~ 3, 5-20-03; Ord. No. 06-515, S 3, 2-
7-06; Ord. No. 07-554, ~ 5(Exh. A(l5)), 5-15-07)
SECTION 38. 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 39. 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.
Ordinance No. 08-
Page 89 of90
SECTION 40. 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 41. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 42. 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
,2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: 08-
Ordinance No. 08- Page 90 of90
COUNCIL MEETING DATE: December 2nd, 2008
ITEM 7.i.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Land Use Processes In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING LAND USE PROCESSES
IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Land Use/Transportation Committee
MEETING DATE: Nov. 17th, 2008
CATEGORY:
o Consent
o City Council Business
IZI Ordinance
o Resolution
o
o
Public Hearing
Other
~~~!:!,_~!O~!_!!Y-=-MR:g~_}Y~!:~ DEPUlY_~ITY ~l!ORN~____~~PT: 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 land use processes including opportunities to
eliminate redundant sections in land use decision processes, consolidate sections, make language consistent,
clarifY language, delete hearing examiner provisions in process III and redirect to process IV provisions, limit
interpretations to future land use decisions, clarifY process VI, increase time to consider proposals to 90 days, and
make it consistent with state law. Concurrently with this ordinance staff will present a resolution on the re-
codification of the Code. 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: ~
Co ee
DIRECTOR APPROVAL: 1/rtL
Committee
p~
Council
COMMITTEE RECOMMENDATION:
B<CLLse~
Committee Chair
fl:,/dd-
Committee Member
PROPOSED COUNCIL MOTION: "[ move to forward the ordinance to a second reading for enactment on the
January (/h consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
1ST reading
Enactment re~diog
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO LAND USE PROCESSES, ADDING
SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 5, 14,15,18,19, AND 22 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 land use process regulations can be simplified
and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state an~ county law
requirements in areas of land use processes;
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 5, Article I, Section 5-6, of the Federal Way City Code shall be amended to
read as follows:
5-6 Appeals.
Any appeals of any decision rendered pursuant to this chapter, except decisions pertaining to
enforcement of this chapter, shall be made to a hearing examiner appointed by the city. Procedural rules
concerning appeals shall be as provided in process Hl-IV of Chapter 22 FWCC, Zoning. (Ord. No. 92-
127, S 11,2-4-92; Ord. No. 95-234, S 1,6-6-95; Ord. No. 98-320, S 3, 9-15-98; Ord. No. 99-342, S 6, 5-
4-99)
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SECTION 2. Chapter 5, Article II, Section 5-41, of the Federal Way City Code is hereby repealed as
follows:
5 41 ;t...ppeals.
l.ppeals made from any ruling under this article, except rulings or decisions pertaInIng to
enforcement of this article, shall be pursuant to FWCC ti. (Ord. No. 90 33, ~ 66,2 13 90; Ord. No. 92
127, ~ 1,2 1 92; Ord. No. 95 231, ~ 1,6 6 95; Ord. No. 98 320, ~ 5,9 15 98; Ord. No. 99 3~2, ~ 6,5 4
99j
SECTION 3. Chapter 5, Article V, Section 5-91, of the Federal Way City Code is hereby repealed as
follows:
5 91 Appeals.
j\ppeals made from any ruling under this article, except rulings or decisions pertaInIng to
enforcement of this article, shall be pursuant to nvcc ti. (Ord. No. 95 231, ~ 1, 6 6 95; Ord. No. 98
320, ~ 8, 9 15 98; Ord. No. 99 312, ~ 6, 5 1 99)
SECTION 4. Chapter 5, Article VI, Section 5-143, of the Federal Way City Code is hereby repealed
as follows:
5-143 Appeals.
l.ppeals made from any ruling under this article, except rulings or decisions pertaInmg to
enforcement of this article, shall be pursuant to FWCC.iii. (Ord. No. 92 127, ~ 12,2 1 92; Ord. No. 95
231, ~ 1,66 95; Ord. No. 98 320, ~ 9,9 15 98; Ord. No. 99 312, ~ 6, 5 1 99)
SECTION 5. Chapter 5, Article VII, Section 5-167, of the Federal Way City Code is hereby repealed
as follows:
5-167 Appeals.
"^.ppeals made from any ruling under this article, except rulings or decisions pertaInIng to
enf-arcement of this article or any of the codes adopted hereunder, shall be pursuant to FVlCC .iii. (Ord.
No. 98 320, ~ 10,9 15 98; Ord. No. 99 312, ~ 6,5 1 99)
SECTION 6. Chapter 5, Article VIII, Section 5-220, of the Federal Way City Code shall be amended
to read as follows:
5-220 Satisfactory alternate.
Notwithstanding any precise requirements of this article, the building official may approve alternate
methods of protection and construction and maintenance of swimming pools, provided such alternate
methods meet the same essential surety requirements of this article, and it can be demonstrated that such
alternate methods are better suited because of peculiar or unusual circumstances and that it is not practical
to meet the precise requirements of this article. Any person who seeks to obtain approval of any such
alternate and who is denied approval by the building official may appeal pursuant to FWCC 5-6. ffis--.ef
her decision to a hearing examiner appointed by the city for such purpose by filing a notice of appeal with
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the city clerk stating the grounds fDr the appeal and requesting a hearing to review the decision by the
building official. The procedure for such appeal shall be as provided in process I of Chapter II FWCC,
Zoning. (Ord. No. 90-56, S 6, 5-1-90; Ord. No. 95-234, S 1, 6-6-95)
SECTION 7. Chapter 5, Article VIII, Section 5-226, of the Federal Way City Code is hereby repealed
as follows:
5 226 Appeals.
l\ppeals made from any ruling under this article, except rulings or decisions pertammg to
cnforcement of this article, shall be pursuant to FWCC ti. (Ord. No. 92 127, ~ 9, 2 ~ 92; Ord. No. 95
231, ~ 1,6695; Ord. No. 99 312, ~ 6,5 1 99)
SECTION 8. Chapter 5, Article IX, Section 5-259, of the Federal Way City Code is hereby repealed
as follows:
5 259 l\ppeal proeess.
i\ny appeals of any decision rendered pursuant to this article shall be made to a hearing examiner
appointcd by the city. Procedural rules concerning appeals shall be as provided in process I of Chapter II
FWCC, Zoning. (Ord. No. 95 231, ~ 1, 6 6 95)
SECTION 9. Chapter 14, Article IV, Section 14-137, of the Federal Way City Code shall be amended
to read as follows:
14-137 Appeal to hearing examiner.
Any taxpayer aggrieved by the amount of the fee or tax determined by the director to be due under the
provisions of this chapter may appeal such determination to the city hearing examiner as provided in
process IV of Chapter 22 FWCC, Zoning. in accordance with, and subject to the procedures set forth in,
FWCC 22 131 through 22 ,160 pursuant to Process II "^.ppeal Procedures. Pending a hearing, a taxpayer
may withhold the fee or tax determined by the director. If the tax or fee is withheld, the taxpayer shall pay
such amount to the city with interest from the date the amount was withheld. The director shall
periodically set the applicable interest rate for withholding. (Ord. No. 02-432, S 1, 11-19-02)
SECTION 10. Chapter 14, Article V, Section 14-186, of the Federal Way City Code shall be
amended to read as follows:
14-186 Appeal to hearing examiner.
Any taxpayer aggrieved by the amount of the fee or tax determined by the designated official to be
due under the provisions of this chapter may appeal such determination to the city hearing examiner as
provided in process IV of Chapter 22 FWCC, Zoning. in accordance with, and subject to the procedures
set forth in, FWCC 22 131 through 22 160 pursuant to process II appeal procedures. Pending a hearing, a
taxpayer may withhold the fee or tax determined by the designated official. If the tax or fee is withheld,
the taxpayer shall pay such amount to the city with interest from the date the amount was withheld. The
designated official shall periodically set the applicable interest rate for withholding. (Ord. No. 95-257, S
1, 12-19-95; Ord. No. 96-262, S 1, 2-20-96)
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SECTION 11. Chapter 14, Article VII, Section 14-238, of the Federal Way City Code shall be
amended to read as follows:
14-238 Extension of conditional certificate- Required findings - Denial- Appeal.
(a) The conditional certificate may be extended by the director for a period not to exceed 24
consecutive months. The owner shall submit a written request stating the grounds for the extension
together with a fee of $150.00 for the city's administrative cost to process the request. The director may
grant an extension if the director finds that:
(1) The anticipated failure to complete construction within the required time period is due to
circumstances beyond the control of the owner; and
(2) The owner has been acting, and could reasonably be expected to continue to act, in good faith
and with due diligence; and
(3) All the conditions of the original contract between the owner and the city will be satisfied
upon completion of the project.
(b) If an extension is denied, the director shall state in writing the reason for denial and shall send
notice to the owner's last known address within 10 calendar days of the denial. An owner may appeal the
denial of an extension to the hearing examiner as provided in process IV of Chapter 22 FWCC, Zoning.
by filing a notice of appeal '/lith the city clerk within 11 calendar days after issuance of the notice of the
denial. The appeal before the hearing examiner shall f-allow the provisions of F'NCC n..J..21 through 2L
~. The hearing examiner's decision shall be thc final decision of the city, and is not subject to further
appeal. (Ord. No. 03-438, 9 2, 2-18-03)
SECTION 12. Chapter 14, Article VII, Section 14-239, of the Federal Way City Code shall be
amended to read as follows:
14-239 Final certificate- Application - Issuance - Denial- Appeal.
(a) Upon completion of the construction as provided in the contract between the owner and the city,
and upon issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no
temporary certificate is issued, the owner may request a final certificate of tax exemption. The owner
shall file with the director such information as the director may deem necessary or useful to evaluate
eligibility for the final certificate, which shall at a minimum include:
(1) A statement of expenditures made with respect to each multifamily housing unit and the total
expenditures made with respect to the entire property;
(2) A description of the completed work and a statement of qualification for the exemption;
(3) A statement that the work was completed within the required three-year period or any
approved extension.
(b) At the time of application for final certificate under this section, the owner shall pay to the city a
fee of $50.00 to cover the city's administrative costs.
(c) Within thirty days of receipt of all materials required for a final certificate, the director shall
determine whether the completed work is consistent with the contract between the city and owner,
whether all or a portion of the completed work is qualified for exemption under this article and, if so,
which specific improvements satisfy the requirements of this article.
(d) If the director determines that the project has been completed in accordance with the contract
between the owner and the city and the requirements of this article, the city shall file a final certificate of
tax exemption with the assessor within 10 days of the expiration of the 30-day period provided under
subsection (c) of this section.
( e) The director is authorized to cause to be recorded, or to require the owner to record, in the real
property records of the King County department of records and elections, the contract with the city
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required under FWCC 14-236, or such other document(s) as will identify such terms and conditions of
eligibility for exemption under this article as the director deems appropriate for recording.
(f) The director shall notify the owner in writing that the city will not file a final certificate if the
director determines that the project was not completed within the required three-year period or any
approved extension, or was not completed in accordance with the contract between the owner and the city
and the requirements of this article, or the owner's property is otherwise not qualified for the limited
exemption under this article.
(g) The owner may appeal the director's decision to the hearing examiner as provided in process IV
of Chapter 22 FWCC, Zoning. by filing a notice of appeal with the city clerk within 11 calendar days
after issuance of the noticc of the denial. The appeal before the hearing examiner shall follow the
pro';isions for appeal contained in FWCC 22 397 through 22 106. The owner may appeal the hearing
examiner's decision to the King County superior court according to the procedures contained in RCW
34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within 30 days of notification by the city
to the owner of the decision. (Ord. No. 03-438, S 2, 2-18-03)
SECTION 13. Chapter 14, Article VII, Section 14-241, of the Federal Way City Code shall be
amended to read as follows:
14-241 Cancellation oftax exemption- Appeal.
(a) If at any time the director determines that the property no longer complies with the terms of the
contract or with the requirements of this article, or the use of the property is changed or will be changed
to a use that is other than residential, or the property for any reason no longer qualifies for the tax
exemption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed
pursuant to state law.
(b) If the owner intends to convert the multifamily housing to another use, the owner must notify the
director and the King County assessor within 60 days of the change in use. Upon such change in use, the
tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law.
(c) Upon determining that a tax exemption shall be canceled, the director shall notify the property
owner by certified mail, return receipt requested. The property owner may appeal the determination as
provided in process IV of Chapter 22 FWCC, Zoning. by filing a notice of appcal with the city clerk,
within 30 days after issuance of the dccision by the director, specifying the factual and legal basis for the
appeal. The appeal before the hearing examincr shall follow the procedures set forth in F'NCC 22 397
through 22 406. /\t the appeal hearing, all affected parties may be heard and all competent evidence
receivcd. The hearing cxaminer shall affirm, modify, or repeal the decision to cancel the exemption based
on the evidence receiyed. The hearing examiner shall give substantial wcight to the director's decision to
cancel the excmption, and the burden of proof and the burden of overcoming the \veight accorded to the
director's decision shall be upon the appellant. "^ill aggrieved party may appeal the hearing examiner's
decision to the King County superior court in accordance with the procedures in RCW 31.05.510 through
31.05.598, as provided in RCW 81.11.110(2), within 30 days after issuance of the decision ofthe hearing
examiner. (Ord. No. 03-438, S 2, 2-18-03)
SECTION 14. Chapter 15, Article VII, Section 15-212, of the Federal Way City Code shall be
amended to read as follows:
15-212 Appeals of administrative decisions.
W Appeal of final decisions. Employers may file a written appeal of the city's final decisions
regarding the following actions:
(1) Rejection of an employer's proposed program.
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(2) Denial of an employer's request for an exemption or modification of any of the requirements
under this article or a modification of the employer's program.
(3) Denial of credits requested under FWCC 15-21 O.
Such appeals shall be conducted as provided for in process IV of Chapter 22 FWCC, Zoning. must be
filed with the city within 20 days after the employer receives notice of a final dccision. :\11 appeals '.vill be
filcd and heard by the city's hearing examiner and decided pursuant to the provisions of Chapter n
FWCC, Zoning, "^.rtiele VI, Process I. The hearing examiner shall determine whether or not the appealed
decision was consistent with RCW 70.94. (Ord. No. 93-164, S I (18.30.120), 1-19-93)
SECTION 15. Chapter 18, Article II, Section 18-51, of the Federal Way City Code shall be amended
to read as follows:
18-51 Administrative appeals.
(aD Any interested party may appeal to the hearing examiner a threshold determination, er--the !!
determination of the adequacy of a final environmental impact statement, and the conditioning or denial
of an action. No more than one appeal may occur regarding threshold determinations or final
environmental impact statements and the appeal shall consolidate any appeals of procedural and
substantive determinations under SEP A with any hearing or appeal on the underlying action in a single
simultaneous hearing before one hearing officer, except that appeals of a determination of significance:
appeals of a procedural determination made by an agency when the agency is the project proponent. or is
funding the project: appeals of a procedural determination made by an agency on a nonproject action:
and appeals to the city council. The appeal shall be conducted under the provisions of process IV, FWCC
Rill et seq.; provided, that the notice distribution requirements ofF\VCC 22 '136(b)(2) process IV shall
be replaced with the notice distribution requirements of FWCC 18-49.
(132) Appeals are subject to procedures shall be conducted under the provisions of WAC 197-11-
680(3), and. "\ppeals arc subject to the restrictions in RCW 36.70B.050 and 36.70B.060 that local
governments provide no more than one open record hearing and one closed record appeal for permit
decisions.
(eJ) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar
days of the date of the decision appealed or the conclusion of the comment period or completion of the
giving of required notices, whichever is longer, provided that appeals of determinations of non-
significance for which public comment is required are extended seven additional days. All appeals shall
contain a specific statement of reasons why the decision of the responsible official is alleged to be in
error.
(d) "\11 rcJevant eyidence shall be receiyed during the appeal and the decision shall be made de no';o.
The determination by the city's responsible official shall carry substantial weight in any appeal
proceeding.
( e) The decision of the hcaring examiner on an appeal filed under this section shall be final.
(D "\ppeals of the hearing examiner's final decision shall first be to the city council as pro'/ided in
process IV, F'NCC 22 131 et scq.
(g) For any appeal under this section, the city shall proyide for a record that shall consist of the
following:
(1) Findings and conclusions;
(2) Testimony under oath; and
(3) A taped or '..,ritten transcript.
(h) Upon filing an appeal to the city councilor a judicial appeal, any certified copies or 'lIritten
transcripts required for such shall be prepared by the city at the expcnse of the appellant, subject to
possible reimbursement of transcript preparation costs as provided in FWCC 22 116. (Ord. No. 90-40, S
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1(20.240.10 - 20.240.70),2-27-90; Ord. No. 92-133, S 4, 4-21-92; Ord. No. 93-185, S I, 8-17-93; Ord.
No. 97-291, S 3,4-1-97; Ord. No. 04-468, S 3,11-16-04)
SECTION 16. Chapter 19, Article IV, Section 19-166, of the Federal Way City Code shall be
amended to read as follows:
19-166 Appeals.
The concurrency determination of the director may be appealed by the applicant or owner using the
same process as the underlying development permit application or as provided for in process IV of
Chapter 22 FWCC, Zoning proccss I of Chapter II FWCC if there is no underlying development permit,
substituting the director of public '.yorks for the director of community de';elopment. The appeal, in the
form of a lettef notice of appeal, must be delivered to the department of public works within 14 calendar
days after issuance of the decision of the director. In those cases where the proposed development activity
may require a public hearing under the authority of other chapters of this code, the hearings may be
combined. For example, if the underlying de'lelopment permit application is a preliminary plat, the appeal
shall be heard at the preliminary plat public hearing. (Ord. No. 06-525, S 1 (Exh. A), 6-6-06)
SECTION 17. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-32.5 Applications for decision processes.
(l) Who may apply. Any person, personally or through an agent, may make application for a process
I. II. III. IV, or V land use decision.
(2) How to apply. The applicant shall file a completed master land use application. Accompanying the
application shall be a written description of the decision requested with a response to the decisional
criteria as set forth for any particular use, activity, or decision; all information or material that is specified
in the provision that describes the decision applied for; and all materials and information noted in FWCC
22-33 that is required by the director.
(3) Fee. With the application, the applicant shall submit the fee established by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(4) Director authority. The director may modify the submittal requirements as deemed appropriate,
including requiring any additional forms and any additional information or material that the director
determines is reasonably necessary for a decision on the matter.
SECTION 18. Chapter 22, Article II, Section 22-33, of the Federal Way City Code shall be amended
to read as follows:
22-33 Development application submittal requirements.
(a) Generally. All projects which require a determination to be made as to whether a complete
application has been submitted must at the minimum provide the information contained within this
section. The submittal requirements are not intended to determine if an application conforms to eDty of
Federal Way codes. They are used only to determine if all required materials have been submitted. A
code-related review will occur after a complete application has been submitted. The director may waive
any sections determined to be not reasonably necessary.
(b) Contents. The following comprise the contents of a complete application for the purposes of this
section:
(I) Master land use application.
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(2) Application fees as set out in the adopted fee ordinance.
(3) Copy of underlying plat or King County assessor's parcel map.
(4) Statement of architectural design intent, finish materials, and colors sufficient to meet the
intent of Article XIX, Community Design Guidelines.
(5) Vicinity map showing the subiect property with enough information to locate the property
within the larger area.
(6) Current letters of water and sewer availability (only required for vacant property).
(7) Two copies of current title report for subject property.
(8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic
survey, site plan, preliminary drainage and grading plan, preliminary landscape plan, and building
elevations. All submitted plans should be folded to 8-1/2 by 11. Maximum plan sheet size shall be 24-by-
36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed
requirements for the contents of each of these plans is available at the department of community
development seniccs.
a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet
and allow all information to be readable. All plans except building elevation drawings must be at the same
scale.
b. Design drawings for building permits, including civil drawings, must be at an engineering
scale of one inch represents 20 feet.
c. If the development proposal has a value of $75,000 or greater, the site survey, site plan,
preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a
certified professional licensed in the state of Washington. The survey shall be prepared by a certified land
surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified
architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a
Washington State licensed landscape architect.
(9) Site photographs from each compass point (north, east, south, and west) must be referenced
on the site plan.
(10) Eight copies of the completed, signed, and dated SEP A checklist.
(11) List of addresses of all property owners within 300 feet of the boundary of the proposed
project (please refer to the city's bulletin titled "Procedures for Obtaining Mailing Labels").
(12) At least one set of stamped Stamped envelopes addressed to all property owners within 300
feet of the boundary of the proposed project, with address labels obtained from the county within the prior
six months, with return address of the City of Federal Way~, Department of Community Development
Services, 33530 First 'Nay South, Federal Way, V'/,^. 98003 (please refer to specific process, whether
process III, IV, or V for the number of sets of envelopes to be provided). An additional set is required for
process IV or V applications, and an additional set is required if compliance with the State Environmental
Policy Act is required.
(3) A copy of the county assessor's map identifying the properties specified in subsection (1)
of this section.
(1:3-1) Four copies of each special study that may be required (please contact the department ef
community devclopment scrvices to determine which studies are required for a specific project). Below
are special studies that may be necessary with the site plan application. If special studies are required,
please provide four copies.
a. Level one downstream storm drainage analysis as described in the 1990 King County
Surface Water Design Manual (KCSWDM) as amended by Federal Way.
b. Detailed narrative on the relevance of the core and special requirements of the 1990
KCSWDM.
c. Traffic impact analysis.
d. Parking study.
e. Soil study.
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f. Geotechnical study.
g. Wetland delineation and/or wetland mitigation plan.
h. Stream delineation.
i. Significant tree inventory and retention plan.
(142) Any additional information or material that the director of community development
services determines is reasonably necessary for a decision on the matter. (Ord. No. 97-291, S 3,4-1-97)
SECTION 19. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-33.5 Completeness of applications.
(1) Within 28 calendar days of receiving an application, the city shall determine whether the
application is complete, with reference to FWCC 22-33. Prior to the 28-day deadline. a letter of
completeness shall be issued if the city deems the application to be complete, or, if the city determines the
application to be incomplete, the city shall notify the applicant of what needs to be submitted for a
complete application. In this written determination, the city shall also identify, to the extent known to the
city, the other agencies of local. state, or federal government that may have iurisdiction over some aspect
of the proposed development activity. An application may be deemed complete under this section even if
the city does not provide a written determination to the applicant as required.
(2) If an application was found incomplete and an applicant submits additional information. the city
shall notify the applicant within 14 days whether the application is complete or whether further additional
information is necessary.
(3) Additional information. A determination of completeness shall not preclude the city from
requesting additional information or studies, either at the time of the letter of completeness or
subsequently, if new information is required or if there are substantial changes in the proposed action.
SECTION 20. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-36 Authoritv not affected.
Nothing in the decision processes in any way limits the authority of the City, including but not limited
to the authority to condition or deny proposals, through any other provision of the Code or other law.
SECTION 21. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-37 Responsibilitv of applicant and owner.
Regardless of any review, approval. inspection, or other actions of the city. it is the responsibility of
an applicant and any owner to insure that all work, actions, or conditions on the subiect property comply
with this chapter, any permits or approvals granted under this chapter, and all other applicable laws or
permits.
SECTION 22. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-38 Complete compliance required.
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(1 ) Generally. Except as specified in subsection (b) of this section, an applicant must comply with all
aspects, including conditions and restrictions, of an approval granted under this chapter in order to do
everything authorized by that approval.
(2) Exception, subsequent modification. If a specific use or site configuration for the subiect property
was approved under this chapter or any quasi-judicial process under a previous zoning code, the applicant
is not required to apply for and obtain approval through this chapter for a subsequent change in use or site
configuration unless:
(a) There is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; or
(b) The director determines that there will be substantial changes in the impacts on the
neighborhood or the city as a result of the change.
SECTION 23. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-39 Lapse of approval- Generally.
An applicant must begin construction or submit to the city a complete building permit application for
the development activity, use of land or other actions within one year after the final decision approving
the matter, or the decision becomes void. The applicant must substantially complete construction for the
development activity, use of land, or other actions approved and complete the applicable conditions listed
in the decision within five years after the final decision of the city on the matter, or the decision becomes
void. If a land use petition is filed under Chapter 36.70C RCW in King County superior court. the time
limits of this section are automatically extended by the length of time between the commencement and
final termination of that litigation. If the development activity, use of land, or other actions approved
under this article includes phased construction, the time limits of this section may be extended in the
decision on the application, to allow for completion of subsequent phases.
SECTION 24. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-40 Lapse of approval- Time extension.
(1) Application. Prior to the lapse of approval under FWCC 22-39, an applicant may submit a written
application in the form of a letter with supporting documentation to the department requesting a one-time
extension of those time limits of up to one year.
(2) Criteria. The request must demonstrate that the applicant is making substantial progress on the
development activity, use of land, or other actions approved under this article and that circumstances
beyond the applicant's control prevent compliance with the time limits of FWCC 22-39.
(3) Fee. The applicant shall include, with the letter of request, the fee as established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(4) Review process. An application for a time extension will be reviewed and decided upon by the
director.
(5) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating how the
decision on the time extension effects the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV. Pursuant to Chapter 36.70B RCW, any time limit upon the city's processing and decision
upon applications under this chapter may, except as otherwise specifically stated in this chapter, be
modified by a written agreement between the applicant and the director.
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SECTION 25. A new section is added to Chapter 22, Article II, of the Federal Way City Code
(FWRC 19.25.005) to read as follows:
22-145.5 [19.25.0051 Bonds.
The city may require a bond under FWCC 22-146 et seq. rChapter 19.251 to insure compliance with
any aspect of a permit, review, or approval.
SECTION 26. Chapter 22, Article III, Section 22-216, of the Federal Way City Code shall be
amended to read as follows:
22-216 i\ppJieable proeess. Development re2ulation amendments.
The city will use process VI dcscribed in FWCC 22 516 through 22 530 to review and decide upon a
proposal to amend the text of this chapter development regulations. (Ord. No. 90-43, S 2(135.1 0), 2-27-
90; Ord. No. 97-291, S 3,4-1-97)
SECTION 27. Chapter 22, Article IV, Section 22-236, of the Federal Way City Code shall be
amended to read as follows:
22-236 "\pplieable proeess. Comprehensive plan amendments.
The city will use process VI described in FWCC 22 516 through 22 530 to review and decide upon a
proposal to amend the comprehensive plan. (Ord. No. 90-43, S 2(140.10),2-27-90; Ord. No. 97-291, S 3,
4-1-97)
SECTION 28. Chapter 22, Article III, Section 22-276, of the Federal Way City Code shall be
amended to read as follows:
22-276 "\ppJieable proeess. Le2islative rezones
The city will use process VI described in F'NCC 22 516 through 22 530 to review and decide upon a
proposal for a legislative rezone. (Ord. No. 90-43, S 2(130.15),2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 29. Chapter 22, Article 1V.A, Section 22-345, of the Federal Way City Code shall be
amended to read as follows:
22-345 Generally.
A decision by the director of community development as to the meaning, application or intent of any
development regulation or procedure in this chapter is known as an "interpretation." An interpretation
may be requested in writing by any person or may be initiated by the director of community development.
This article establishes the procedure and criteria that the city will use in deciding upon a written request
to interpret the provisions of this chapter and in issuing any other written interpretation of this chapter.
The interpretation of the provisions of a concomitant agreement will be treated as an interpretation of this
chapter. Any appeals of an interpretation by the director of community development under this article
may be appealed to the city's hearing examiner as provided for in this article. (Ord. No. 00-375, S 10, 10-
3-00)
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SECTION 30. Chapter 22, Article IV.A, Section 22-346, of the Federal Way City Code shall be
amended to read as follows:
22-346 Purpose.
An interpretation of the provisions of this chapter clarifies conflicting or ambiguous application.
wording, er----tfie scope~ or intent of the provisions of this chapter. An interpretation of the provisions of
this chapter may not be used to amend this chapter. (Ord. No. 00-375, S 10, 10-3-00)
SECTION 31. Chapter 22, Article IV.A, Section 22-347, of the Federal Way City Code shall be
amended to read as follows:
22-347 Applications.
(a) Who may apply. Any person, personally or through an agent, may make application for an
interpretation.
(b) How to apply. The applicant shall file a completed master land use application along with a
written description which at a minimum clearly states:
(1) The interpretation requested;
(2) The applicable Federal Way City Code section(s) which the applicant requests the director to
interpret; and
(3) Relevant information and arguments which support the requested interpretation.
(c) Fee. With the application, the applicant shall submit the fee established by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(d) Director authority. The director of community de';elopment services may modify the submittal
requirements as deemed appropriate.
(e) Routing of application. An application for an interpretation shall be routed to the director ef
community development services. The director may route for comment an application for an
interpretation to other staff members or departments. (Ord. No. 00-375, S 10, 10-3-00; Ord. No. 01-399, S
3,8-7-01)
SECTION 32. Chapter 22, Article IV.A, Section 22-348, of the Federal Way City Code shall be
amended to read as follows:
22-348 Interpretations.
The director of community de';elopment services may, acting on his or her own initiative or in
response to a written application inquiry, in the format outlined in FWCC 22 347, issue interpretations of
any of the provisions of this chapter.
(1) Applicability. A code interpretation requested by a person other than the project proponent or
propcrty owner must be requested prior to the date of expiration of any applicable administrati'le appeal
period for a land use decision on the application to which the request relates. Any code interpretation
requested after the applicable administrative appeal period a land use decision shall not affect an issued
permit or decision.
(2) Criteria. The director shall base an interpretation on:
(a} The defined or the common meaning, as applicable, of the words in the provision;
(b} The general purpose ofthe provision as expressed in the provision; and
(c} The logical or likely meaning of the provision viewed in relation to the comprehensive
plan, this chapter, the Federal Way City Code as a whole, or other plans and studies prepared or adopted
by the city.
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(3) Timing. The director of community development shall issue an interpretation mail a written
responsc to any person filing a written request to interpret the provisions of this chapter within 28 days of
having received that .iLrequest. unless otherwise agreed by the director and the requestor.
(4) Effect. An interpretation of this chapter will be enforced as if it is part of this chapter.
(5) Interpretation file and availability. The director of community development shall maintain an
interpretation file that contains all interpretations of this chapter that are in effect. The interpretation file
shall be available for public inspection and copying in the department of community de';elopment
services during regular business hours.
(6) Time limitation. An interpretation of the provisions of this chapter remains in effect until
rescinded in writing by the director of community development or until the subject text of this chapter has
been amended consistent '.vith FWCC 2I1l.Q. Card. No. 00-375, S 10,10-3-00; Ord. No. 0]-399, S 3, 8-7-0])
SECTION 33. Chapter 22, Article IV.A, Section 22-349, of the Federal Way City Code shall be
amended to read as follows:
22-349 Notice.
(aD Applicability. Interpretations issued by the director of community development that are related to
a land use or subdivision application shall be incorporated into the director's decision on the application
and be subject to applicable notice provisions for the decision. Interpretations issued by the director of
community development that are not related to a land use or subdivision application shall be subject to the
notice provisions under this section.
(e2) Contents. The director of community development shall prepare a notice of each interpretation
that is not related to a land use or subdivision application, containing the following information:
(+!!) The citation, if any, of the provision(s) of the Federal Way City Code that is the subject of
the interpretation along with a brief description of the subject provision(s).
(;?;1:!) A summary statement of the interpretation of the affected provision.
(:3-~) The date of the interpretation.
(4Q) A statement of the availability of the official file.
(~~) A summary of the rights, as established in this article, of any person to submit an appeal of
the interpretation.
(61) The deadline for filing appeals of the interpretation.
(e,;i) Distribution. Upon issuance of the interpretation, the director of community development shall
distribute this notice of the interpretation as follows:
(+!!) A copy of the notice of the interpretation shall be published in the official newspaper of the
city.
(~1:!) A copy of the notice will be posted on each of the official notification boards of the city and
public libraries located within the city.
(c) A copy of the notice will be mailed to the person who filed the written request. (Ord.No. 00-
375, S 10, 10-3-00)
SECTION 34. Chapter 22, Article IV.A, Section 22-350, of the Federal Way City Code shall be
amended to read as follows:
22-350 Appeals.
(aD Any person who is aggrieved by an interpretation issued by the director of conmRlllity
development services may appeal that interpretation within 14 days of the date of interpretation.
(e2) A written notice of appeal must be delivered to the department of community development
services within 14 calendar days after issuance of the decision of the director. The appellant must file a
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lettef notice of appeal indicating must indicate how the interpretation affects the appellant his or her
property and presenting any relevant arguments or information on the correctness of the interpretation.
The notice of appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the
amount of the fee as established by the city. The applicant shall include appeals fees as established by the
city. The appeal '.vill not be accepted unless it is accompanied by the required fee.
(eJ) Appeals are be governed by process IV. An appeal of an interpretation of this chapter will be
reviewed and decided upon using the process for appeals outlined in Article VI, Process III Re'.'iew
Project "^.pprm'al, of this chapter.
(61) If the interpretation of the director of community de';elopment services is modified after an
appeal, the director shall:
(+!!) Place the modifying decision in the interpretation file; and
(;?;1:!) Issue an new interpretation as modified. Change or remove, as appropriate, the interpretation
that was modified. (Ord. No. 00-375,9 10, I 0-3-00; Ord. No. 01-399, 9 3, 8-7-01)
SECTION 35. Chapter 22, Article IV.B, Section 22-351, of the Federal Way City Code shall be
amended to read as follows:
22-351 Process I 2enerally. Cenerally.
Various places of this chapter in the Code indicate that certain developments, activities, or uses are
permitted only if approved using process 1. This article describes process 1. Any process I application not
categorically exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be reviewed
pursuant to process III of this chapter. Under process I, the director of community de';elopment services,
is authorized to make administrative decisions based on certain criteria as set forth in this article or
chapter. /\ny process I application not categorically exempt from the State Environmental Policy Act,
Chapter 13.21C RCW, shall be rcviewed pursuant to process III of this chapter. Any appeals of the
director's decision will be decided by the hearing examiner after a public hearing. under this article may
be appcaled to the city's hearing examiner as provided for in this article. (Ord. No. 97-291, S 3, 4-1-97;
Ord. No. 00-375, S 10, 10-3-00)
SECTION 36. Chapter 22, Article IV.B, Section 22-352, of the Federal Way City Code shall be
amended to read as follows:
22-352 Purpose of review.
Process I has the following purposes:
(1) To review a proposal for compliance with the provisions of this chapter and all other
applicable law.
(2) To ensure that the health, safety, and welfare of the citizens of the city is preserved.
(3) To provide an expedient and reasonable land use review process for administrative decisions
and interpretations of this chapter. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 10, 10-3-00)
SECTION 37. Chapter 22, Article IV.B, Section 22-353, of the Federal Way City Code is hereby
repealed as follows:
22 353 /'1pplieatioHs.
(1) Who may apply. "^.ny person, personally or through an agent, may make application for a process
I land use decision.
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(2) HO\v to apply. The applicant shall file a completed master land use application. "^.ccompanying the
application shall be a writtcn response to the decisional criteria as set forth in this chapter for a particular
use or activity, and information required by FWCC 2.I]l.
(3) Fee. With the application, the applicant shall submit the fee established by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(1) Director authority. The director of community development services may modify the submittal
requirements as deemed appropriate.
(5) Routing of application. Jill application for an administrative decision shall be routed to the
director of community development services. The director may route for comment an application to other
staff members or departments.
(6) Completeness.
(a) Within 28 calendar days of receiving an application, thc city IlRlst determine whether the
application is complete. The city will apply FWCC 22 33 to determine completeness. If the city deems
the application to be complete, a letter of completeness IlRlst be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application. In this written determination, the city shall also identify, to the
extent knmvn to the city, the other agencies of local, state, or federal go','emment that may have
jurisdiction ovcr some aspect of the proposed devclopment activity. "^.n application shall be deemed
complete under this section if the city docs not provide a \vritten determination to the applicant as
required in this paragraph.
(b) Within 11 days after an applicant has submitted the additional information identified by the
city as being necessal)' f-or a complete application, the city shall notify the applicant whether the
application is complete or whether additional information is necessal)'.
(c) J\dditional information. A determination of completeness shall not preclude the city from
requesting additional information or studies, either at the time of the letter of eompleteness or
subsequently, ifnew information is requircd or substantial changes in the proposed action occur. (Ord.
1'10.97 291, ~ 3, 1 1 97; Ord. No. 00 375, ~ 10, 10 3 00)
SECTION 38. Chapter 22, Article IV.B, Section 22-354, of the Federal Way City Code shall be
amended to read as follows:
22-354 Director's Notiee of administrative decision and notice.
The director of community development services shall mail in a timely manner a copy of his or her
decision to the applicant any person who submitted comments on the application, and any person who
requested a copy. No other notice is required. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 10, 10-3-
00)
SECTION 39. Chapter 22, Article IV.B, Section 22-355, of the Federal Way City Code shall be
amended to read as follows:
22-355 Appeals.
(1) Who may appeal. +he A decision of the director of community development services under this
process may be appealed by the applicant, any person who submitted written comments or information, eF
any person who has specifically requested a copy of the decision, or the City.
(2) How and when to appeal. The appeal, in the form of a letter A written notice of appeal, must be
delivered to the department of community development services within 14 calendar days after issuance of
the decision of the director of community development services. The appeal must be accompanied by
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cash or a check. payable to the city of Federal Way, in the amount of the fee as established by the city.
The letter notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement of the alleged errors in the director's decision, including identification of specific
factual findings and conclusions of the director of community development serviees disputed by the
person filing the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Fees. The person filing the appeal shall include, with the letter of appeal, the fee as established by
the city. The appeal will not be accepted unless it is accompanied by the required fee.
f41 Appeal process. Appeals are governed by process IV. of an administrati'le decision will be
re'liewed and decided upon using the process for appeals outlincd in "\rticle VI, Process III Re'/iew
Project "^.pproval, of this chapter. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 10, 10-3-00; Ord.
No. 01-399, S 3, 8-7-01)
SECTION 40. Chapter 22, Article V, Section 22-361, of the Federal Way City Code shall be
amended to read as follows:
22-361 Process II 2enerally. "A1dministration.
Various places of this of this chapter in the Code indicate that certain developments, activities or uses
are permitted only if approved using process II. This article describes process II.
In addition, all All commercial, office and industrial development applications subject to the
provisions of this article, including applications for remodeling and expansion of an existing use, shall
also meet the requirements of Article XIX, Community Design Guidelines, of this chapter. Process II
applications are exempt from the procedural requirements set forth in RCW 36.70B.060 and 36. 70RII 0
through 36.70B.130. Any process II application not categorically exempt from the State Environmental
Policy Act, Chapter 43.21C RCW, shall be reviewed pursuant to process III of this chapter. If the
development, activity, or use that requires approval through process II is part of a proposal that also
requires approval through process IV, the entire proposal will be decided upon using process IV, if the
director determines that this will result in more efficient decision making.
Under process II, the director of community development services will make the initial land use
decision and the decision on the community design guidelines. Any appeals Appeals of both decisions
either decision will be decided by the hearing examiner after a public hearing.
Process II applications arc exempt from the procedural requirements set f-orth in RCW 36.70B.060
and 36.70B.1l0 through 36.70B.130. "^.ny process II application not categorically exempt from the State
Environmental Policy i\ct, Chapter 13.21 C RC'J/, shall be reviewed pursuant to the procedural
rcquirements of process III of this chapter. (Ord. No. 90-43, S 2(175.10(1)), 2-27-90; Ord. No. 97-291, S
3, 4-1-97)
SECTION 41. Chapter 22, Article V, Section 22-362, of the Federal Way City Code is hereby
repealed as follows:
22 362 l\pplieatioHs.
(1) Who may apply. i\ny person, personally or through an agent, may make application for a process
II land use decision.
(2) How to apply. The applicant shall file a completed master land use application. Accompanying the
application shall be a written response to the decisional criteria as set forth in this chapter for a particular
use or activity, and information required by FWCC 22 33.
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Page 16 of68
(3) Fee. With the application, thc applicant shall submit the fee established by the city. The
application shall not be acceptcd unless it is accompanicd by the required fee.
(1) Dircctor authority. Thc director of community development services may modify the submittal
requirements as deemed appropriate.
(5) Routing of application. "^.n application for an administrati';e decision shall be routed to the
director of community deve10pmcnt serviccs. The dircctor may route for comment an application to other
staff members or departments.
(6) Completeness.
(a) \Vithin 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city will apply FWCC 22 33 to determine completeness. If the city deems
the application to be complete, a letter of completeness must be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of ..",hat needs to be
submitted for a complete application. In this written determination, the city shall also identify, to the
extent known to the city, the othcr agencies of local, state, or federal government that may have
jurisdiction o';er some aspect of the proposed development activity. "^.n application shall be deemed
complete under this section if the city does not provide a written determination to the applicant as
required in this paragraph.
(b) \Vithin 11 days after an applicant has submitted the additional information identified by the
city as being necessary f-or a complcte application, the city shall notify the applicant whether the
application is complete or whether additional information is necessary.
(c) "^.dditional information. "A. detcrmination of completeness shall not preclude the city from
requesting additional information or studies, eithcr at the time of the letter of completeness or
subsequently, if neVi information is required or substantial changes in the proposed action occur. (Ord.
11. T f\'7 ')'yn
nO. VI .. 'J
SECTION 42. Chapter 22, Article V, Section 22-363, of the Federal Way City Code shall be
amended to read as follows:
22-363 Conduct ofthe review.
The city manager shall may appoint one or more employees or other persons working on behalf of the
city to perform the functions established under this article. (Ord. No. 90-43, S 2(175.1 0(3)),2-27-90; Ord.
No. 97-291, S 3,4-1-97)
SECTION 43. Chapter 22, Article V, Section 22-364, of the Federal Way City Code shall be
amended to read as follows:
22-364 Purposes of review.
The site plan review has the following purposes:
(1) To review the !! proposal for compliance with the provisions of this chapter and all other
applicable law.
(2) To help insure that the fLproposal is coordinated, as is reasonable and appropriate, with other
known or anticipated development on private properties in the area and with known or anticipated right-
of-way and other public improvement projects within the area.
(3) To encourage proposals that embody good design principles that will result in high quality
development on the subject property. (Ord. No. 97-291, S 3,4-1-97)
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SECTION 44. Chapter 22, Article V, Section 22-365, of the Federal Way City Code shall be
amended to read as follows:
22-365 Site plan and community design guidelines approval criteria.
(1) Applicability. The director of community development services may approve an application for
site plan review and community design guideline review if it is consistent with the following sets of
decisional criteria:
(2) Site plan criteria.
(a) It is consistent with the comprehensive plan;
(b) It is consistent with all applicable provisions of this chapter;
(c) It is consistent with the public health, safety, and welfare;
(d) The streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal; and
(e) The proposed access to the subject property is at the optimal location and configuration for
access.
(3) Community design guideline decisional criteria.
(a) It is consistent with site design standards set forth in FWCC 22-1634 for all zoning districts;
(b) It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and
(c) For development applications for remodeling or expansion of an existing development, it is
consistent with those provisions of Article XIX, Community Design Guidelines, identified by the director
of community de','clopment services as being applicable. (Ord. No. 90-43, S 2(175.10(4)), 2-27-90; Ord.
No. 97-291, S 3,4-1-97)
SECTION 45. Chapter 22, Article V, Section 22-366, of the Federal Way City Code shall be
amended to read as follows:
22-366 Administrative guidelines.
The city manager is authorized to adopt administrative guidelines to implement the provisions of this
article. These administrative guidelines will be used in the site plan review and have the full force and
effect as if they were set forth in this chapter, and shall be on file in the department of community
dcvelopment services. (Ord. No. 90-43, S 2(175.10(5), 2-27-90; Ord. No. 97-291, S 3, 4-1-97)
SECTION 46. Chapter 22, Article V, Section 22-367, of the Federal Way City Code shall be
amended to read as follows:
22-367 Authority, director's decision, and notice.
(1) Site plan review conducted under this article will form the basis of any modifications to any
permits or approvals issued by the city for the proposal. In this regard, the person or persons conducting
the site plan review is hereby authorized to require modifications to the proposal consistent with the
criteria contained in FWCC 22-364 and any the administrative guidelines, if any, adopted under FWCC
22-366.
(2) The director of community de','c1opment services shall integrate his or her decision and findings
for site plan and community design guideline review into a single decision. A copy of the decision shall
be mailed to the applicant, any person who submitted written comments, or any person who specifically
requested a copy of the director's decision. No other notice is required. (Ord. No. 90-43, S 2 (175.1 0(6),
2-27-90; Ord. No. 97-291, S 3,4-1-97)
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SECTION 47. Chapter 22, Article V, Section 22-368, of the Federal Way City Code shall be
amended to read as follows:
22-368 Appeals.
(1 ) Who may appeal. A decision of the director under this process may be appealed by the applicant.
any person who submitted written comments or information, any person who has specifically requested a
copy of the decision, or the City.
(2) How and when to appeal. A written notice of appeal must be delivered to the department of
community development services within 14 calendar days after issuance of the decision of the director.
The notice of appeal must be accompanied by cash or a check. payable to the city of Federal Way, in the
amount of the fee as established by the city. The notice of appeal must contain:
(a) A statement identifying the decision being appealed. along with a copy of the decision:
(b) A statement of the alleged errors in the director's decision, including identification of specific
factual findings and conclusions of the director disputed by the person filing the appeal; and
(c) The appellant's name, address. telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Appeal process. Appeals are be governed by process IV.
The applicant, any person who submitted written comments, or any person who specifically requested
a copy of the decision may appeal the site plan appro';al or conditions of such approval and/or community
design guideline conditions to the city's hearing examincr using the provisions to appeal a decision of the
dircctor of community development serviccs in process III of this chapter. Notwithstanding any contrary
pro';isions of 22 106, the hearing examiner's decision on an appeal under this section is the final decision
of the city and may be may be revicvled pursuant to Chapter 36.70C RCW in the King County superior
court, except that in cases involving a site plan approval for a public utility located in a EN
(neighborhood business), EC (community business), or OP (office park) zone the hearing examiner's
decision is not the final decision of the city and such decisions may be appcaled to the city council
pursuant to FWCC 22 116 trn-ough 22 156. Modifications required to bring the proposal into compliance
with this chapter or any other applicable laws are not appealable. (Ord. No. 90-43, S 2(175.10(7), 2-27-
90; Ord. No. 97-291, S 3, 4-1-97)
SECTION 48. Chapter 22, Article V, Section 22-369, of the Federal Way City Code is hereby
repealed as follows:
22 369 Other authority not affeeted.
Nothing in this article in any way limits, or may be construcd to limit, the authority of the city
including but not limited to the authority to condition or deny proposals, available to the city in, trn-ough
or by any othcr provision of this article or other law. (Ord. No. 90 13, ~ 2(175.1 0(8), 2 27 90; Ord. No.
97 291, ~ 3, 1 1 97)
SECTION 49. Chapter 22, Article V, Section 22-370, of the Federal Way City Code is hereby
repealed as follows:
22 379 Responsibility of applieant and owner.
Regardless of any review, approval, inspection or other actions of the city, it is the responsibility of
the applicant and owner to insure that all work, actions or conditions on thc subject property comply with
this chapter and all other applicable laws and any permits and/or approvals granted under this chapter or
other applicable la',','. (Ord. No. 90 43, ~ 2(175.22), 2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
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SECTION 50. Chapter 22, Article VI, Section 22-386, of the Federal Way City Code shall be
amended to read as follows:
22-386 Process III 2enerally. f...dministration.
Various places of this chapter in the Code indicate that certain developments, activities or uses are
permitted only if approved using process III. This article describes process III.
In addition, all All commercial, office, anti industrial. institutional. and multifamily development
applications subject to the provisions of this article, including applications for remodeling and expansion
of an existing use, shall also meet the requirements of Article XIX, Community Design Guidelines, of this
chapter. If the development, activity, or use that requires approval through process III is part of a proposal
that also requires approval through process IV, the entire proposal will be decided upon using process IV,
if the director determines that this will result in more efficient decision making.
Under process III, the director of community dcvclopment services will make the initial land use
decision and the decision on the community design guidelines based on written comments and
information. Any appeals f.ppeals of both decisions either decision will be decided by the hearing
examiner after a public hearing. (Ord. No. 90-43, S 2(145.05),2-27-90; Ord. No. 97-291, S 3, 4-1-97)
SECTION 51. Chapter 22, Article VI, Section 22-387, of the Federal Way City Code is hereby
repealed as follows:
22 387 Purposes of review.
The site plan re'licw has the following purposes:
(1 ) To review the proposal for compliance 'Nith the provisions of this chapter and all other
applicable la'.v.
(2) To help insure that the proposal is coordinatcd, as is reasonable and appropriatc, with other
kno'.vn or anticipated development on private properties in the area and with 1m own or anticipated right
of v/ay and other public improvement projects within the area.
(3) To encourage proposals that embody good design principles that will result in high quality
dc';elopment on the subject property. (Ord. 1'10.97 291, ~ 3, 1 1 97)
SECTION 52. Chapter 22, Article VI, Section 22-388, of the Federal Way City Code is hereby
repealed as follows:
22 388 Proposal requiring approval through proeess IV.
If the development, use or activity that rcquires approval through process III is part of a proposal that
also requires appro'/al through process lV, the entire proposal will be decided upon using process IV, if
the director of community development services determines that this will result in more efficient decision
making. (Ord. No. 90 13, ~ 2(115.10), 22790; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 53. Chapter 22, Article VI, Section 22-389, of the Federal Way City Code is hereby
repealed as follows:
22 389 l\pplieations.
(a) Who may apply. ;\ny pcrson may, personally or through an agent, apply for a decision regarding
property he or she owns.
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(b) How to apply. The applicant shall file a completed application in the department of community
de';elopmcnt services on the form provided by the department. The applicant shall also proyide all
information or material that is specified in the provision of this chapter that describes the decision applied
for, all information specified in F\VCC 2..LTI., and any additional information or material that the director
of community development services determines is reasonably necessary for a decision on the matter.
(c) Fee. With the application, the applicant shall submit the fee established by the city. The
application will not be accepted unless it is accompanied by the requirod fee.
(d) Completeness.
(1) Vlithin 28 calendar days of roceiving an application, the city must determine whether the
application is complete. The city will apply F\VCC 2..LTI. to determine completeness. If the city deems
the application to be complete, a letter of completeness must be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of 'Nhat needs to be
submitted for a complete application. In this '.vritten detennination, the city shall also identify, to the
extent known to the city, the other agencies of local, state, or federal government that may haye
jurisdiction o'/er some aspect of thc proposed deyelopment activity. "^Jl application shall be deemed
complete under this section if the city does not provide a written detcrrrllnation to the applicant as
required in this paragraph.
(2) Within 11 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or whether additional information is necessary.
(e) "\dditional information. "\ determination of completeness shall not preclude the city from
requesting additional information or studies, either at the time of the letter of completeness or
subsequently, if new information is required or substantial changes in the proposed action occur. (Ord.
No. 90 13, ~ 2(115.15),22790; Ord. No. 97 291, ~ 3, 1 1 97; Ord. No. 00 375, ~ 11, 10 3 00)
SECTION 54. Chapter 22, Article VI, Section 22-390, of the Federal Way City Code shall be
amended to read as follows:
22-390 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall evaluate each application and, where
applicable, comply with the State Environmental Policy Act and with state regulation and city ordinances
issued under the authority of the State Environmental Policy Act. (Ord. No. 90-43, ~ 2(145.20), 2-27-90;
Ord. No. 97-291, S 3, 4-1-97)
SECTION 55. Chapter 22, Article VI, Section 22-391, of the Federal Way City Code shall be
amended to read as follows:
22-391 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1) All application material submitted by the applicant.
(2)All written comments received on the matter.
(3) The written decision of the director of community development services.
(4) If the decision of the director of community development services is appealed, the following
will be included in the file:
a. The lettef notice of appeal.
b. All written comments received regarding the appeal.
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c. The staff report on the appeal.
d. The electronic sound recording of the hearing on the appeal.
e. The decision of the hearing examiner on the appeal.
(5) Any other information relevant to the matter.
(b) Availability. The official file is a public record. It is available for inspection and copying in the
department of community dcvelopment services during regular business hours. (Ord. No. 90-43, S
2(145.25),2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 56. Chapter 22, Article VI, Section 22-392, of the Federal Way City Code shall be
amended to read as follows:
22-392 Notice.
(I) Content. The director of community deTlelopment services shall, within 14 days of issuing a letter
of completeness on the proposal, prepare a notice of application containing the following information:
(a) The name of the applicant and, if applicable, the project name.
(b) The date of application, the date of the notice of completion for the application, and the date
of the notice of application.
(c) The street address of the subject property or, if this is not available, a description of the
location of the property in non-legal language. Except for notice published in a newspaper of general
circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(d) A brief description of the requested decision, including a citation to the provision of this
chapter governing the request, a list of the project permits included in the application and, if applicable, a
list of any studies requested. To the extent known by the city, the notice shall include any related permits
which are not included in the application.
( e) A statement of the availability of the official file.
(f) A statement of the right of any person to submit written comments to the director ef
community deT,'elopment services regarding the application within 15 days of the date of the notice.
(g) A statement that only the applicant, persons who submit written comments to the director ef
community development services, or persons who specifically requests a copy of the original decision
may appeal the director's decision.
(h) The identification of existing environmental documents that evaluate the proposed project and
the location where the application and any studies can be reviewed.
(i) A statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as provided in
RCW 36.70B.040.
(2) Distribution. Within 14 calendar days of issuing the letter of completeness, the director ef
community developmcnt services shall distribute this notice of application as follows:
(a) A copy of the notice of application will be published in the official daily newspaper of the
city.
(b) The notice of application will be conspicuously posted on or near the subject property. At
least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to
any property that abuts the subject property.
(c) A copy of the notice will be posted on each of the official notification boards of the city and
public libraries located within the city.
(d) For projects under this article which are located within, or are 300 feet from, property zoned
SE (suburban estates), RS (single-family residential), or RM (multifamily), a copy of the notice will be
mailed to the persons receiving the property tax statements for all property within 300 feet of each
boundary of the subject property. (Ord. No. 90-43, S 2(145.30), 2-27-90; Ord. No. 97-291, S 3,4-1-97;
Ord. No. 01-399, S 3, 8-7-01)
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SECTION 57. Chapter 22, Article VI, Section 22-393, of the Federal Way City Code shall be
amended to read as follows:
22-393 Burden of proof.
The applicant has the responsibility of convincing the director of community development services
that, under the provisions of this article, the applicant is entitled to the requested decision. (Ord. No. 90-
43, S 2(145.35), 2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 58. Chapter 22, Article VI, Section 22-394, of the Federal Way City Code shall be
amended to read as follows:
22-394 Written comments.
The director of community development services shall consider all written comments and information
regarding the requested decision that are received by the department of community development services
before the deadline contained within the notice regarding the application. (Ord. No. 90-43, ~ 2(145.40), 2-
27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 59. Chapter 22, Article VI, Section 22-395, of the Federal Way City Code shall be
amended to read as follows:
22-395 Director's decision.
(aD General.
(+!!) Coordination with decisions under the State Environmental Policy Act. If a SEP A threshold
determination is required to be issued, the threshold determination must follow the end of the public
comment period on the project permit application, but precede the director's decision on the land use and
design components of the process III project permit approval. If the SEP A threshold determination is
appealed, the director's land use and design components decision shall be issued sufficiently in advance
of the open record hearing on the threshold determination appeal, to allow any appeal of the land use
and/or design review decision to be consolidated and heard with the appeal of the threshold
determination.
(;?;1:!) Timing. The director of community development services will endeavor to issue his or her
decision on the land use and design components of the process III project permit approval within 120
days of the issuance of the letter of completeness~
(i) The 120-day time period does not apply if a proiect permit application under this article
requires an amendment to the comprehensive plan or this chapter; requires approval of a new fully
contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW
36.70A.360, the siting of an essential public facility as provided in RCW 36.70A.200. or capital facility
proiects of the city; or if a proiect permit .application under this article is substantially revised by the
applicant, in which case the time period shall start from the date at which the revised proiect application is
determined to be complete.
(ii) If the decision solely relates to a review of community design guidelines of a process IV
application the director shall issue a written decision within 10 working days after the deadline for
submitting comments. issued pursuant to FWCC 22 388, except that the
(iii) The following periods shall not be included in the calculation of the l20-day period:
{Ala-:- Any period during which the applicant has been requested by the city to correct
plans, perform required studies, or provide additional required information. In these instances, the period
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excluded from the l20-day calculation shall begin on the date the city notifies the applicant of the need
for additional information and run until the earlier of the date the city determines whether the additional
information satisfies the request for information, or 14 days after the date the information has been
provided to the city. If the city determines that the information submitted by the applicant under this
paragraph is insufficient, it shall notify the applicant of the deficiencies and the procedures under this
paragraph shall apply as if a new request for studies had been made.
(B)lr. Any period during which an environmental impact statement is being prepared
following a determination of significance pursuant to Chapter 43.21 C RCW.
(C)e-: Any period for administrative appeals of the SEP A threshold determination,
provided that the time period for consideration of such appeals shall not exceed 90 days for an open
record appeal hearing. The parties to an appeal may agree to extend the 90-day period.
(D)th Any extension of time mutually agreed upon by the applicant and the city.
The 120 day time period does not apply if a project permit application under this artiele
requires an amendment to the comprehensive plan or this chapter; requires approval of a new fully
contained community as provided in RCW 36.70"\.350, a master planned resort as provided in RC'N
36.70A360, the siting of an essential public facility as provided in RCW 36.70:\.200 or capital facility
projects of the city; or if a project permit application under this article is substantially re';ised by the
applicant, in which case the time period shall start from the date at which the revised project application is
determined to be complete under F\VCC 22 388.
(iv) If the director is unable to issue his or final decision on the land use or design review
components of a process III project permit application as provided in this paragraph, the city shall provide
written notice of this fact to the applicant. The notice shall include a statement of reasons why the
decision has not been issued within the l20-day period, and an estimated date for issuance of the notice of
final decision.
(62) Decisional criteria. The director of community dcvelopment services shall use the criteria listed
in this subsection and the provision~ of this chapter describing the requested decision in deciding upon the
application.
(a) The In addition, the director of community development services may approve the application
only if:
(+i) It is consistent with the comprehensive plan;
(;?;ii) It is consistent with all applicable provisions of this chapter;
(:3-iii) It is consistent with the public health, safety, and welfare;
(4iv) The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal; and
(~y) The proposed access to the subject property is at the optimal location and configuration.
D:U If the application is subject to the requirements of Article XIX, Community Design
Guidelines, the director of community development services shall also use the following criteria as well in
deciding upon an application:
(+i) It is consistent with the site design standards set forth for all zoning districts in FWCC
22-] 634;
(;?;ii) It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and
(:3-iii) For development applications for remodeling or expansion of an existing development,
it is consistent with those provisions of Article XIX, Community Design Guidelines, identified by the
director of community devclopment services as being applicable.
(eJ) Conditions and restrictions. The director of community development services shall include in the
written decision any conditions and restrictions that he or she determines are reasonably necessary to
eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions
that are included become part of the decision.
(61) Contents. The director of community devclopmcnt services shall include the following in the
written decision:
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Page 24 of 68
(-l-f!) A statement granting, modifying and granting, or denying the application.
(;?;1:!) Any conditions and restrictions that are imposed.
(~~) A statement of facts presented to the director of community development services that
support the decision, including any conditions and restrictions that are imposed.
(4Q) A statement of the director's conclusions based on those facts.
(~~) A statement of the criteria used by the director of community development serVICes m
making the decision.
(6D The date of issuance of the decision.
(+g) A summary of the rights, as established in this article, of the applicant and others to appeal
the decision of the director of community development services.
(&b) A statement of any threshold determination made under the State Environmental Policy Act,
Chapter 43.21C RCW.
(9i) A statement that affected property owners may request a change in valuation for property tax
purposes notwithstanding any program of revaluation.
(e2) Distribution of written decision. Within five working days after the written decision of the
director of community development scrvices is issued, it shall be distributed as follows:
(+!!) A copy will be mailed to the applicant.
(~1:!) A copy will be mailed to each person who submitted written comments or information to the
director of community development services.
(:3-~) A copy will be mailed to any person who has specifically requested it.
(4Q) A copy will be mailed to the King County assessor. (Ord. No. 90-43, S 2(145.45), 2-27-90;
Ord. No. 97-291, S 3,4-1-97)
SECTION 60. Chapter 22, Article VI, Section 22-396, of the Federal Way City Code shall be
amended to read as follows:
22 396 Erred of the deeision.
Decisions under this section shall become final subject to the f-ollowing:
(1) "^.n applicant or other party of record who may be aggrieved by the decision may appeal the
decision within 11 days of the issuance of the decision by thc director of community development
consistent with the provisions ofFWCC 22 397 et seq. If a '.vritten notice of appeal is received within the
appeal period, the decision shall be referred to the hearing examiner and shall not become final until the
appeal process is complete and the city issucs a final decision. Upon issuance of the final decision, the
applicant may engage in activity based on the decision, provided applicable permits haye been approved.
(2) If no appeal is submitted within the 11 calendar day appeal period, the preliminary approval
shall become final on the first calendar day following the expiration of the appeal period. Upon the
decision becoming final, the applicant may engage in acti'/ity based on the decision, provided applicable
permits ha';e been approyed. (Ord. No. 90 13, ~ 2(115.50),22790; Ord. No. 97 291, ~ 3, 1 I 97; Ord.
No. 00 375, ~ 12, 10 3 00)
Editor's note Ordinance No. 97 291, ~ 3, adopted "\prill, 1997, deleted ~ 22396 and rCllumbered ~ 22
395 to be a neVi ~ 22 396. Formerly, such section pertained to request for reconsideration and derived
from Ord. No. 90 13, ~ 2(115.55),2 27 90.
22-396 Effect of the decision.
Upon a decision becoming finaL the applicant may engage in activity based on the decision, provided
applicable permits have been approved. Decisions become final subject to the following:
(1) If a written notice of appeal is received within the appeal period, the decision shall not
become final until the appeal process is complete and the city issues a final decision.
Ordinance No
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(2) If no appeal is submitted within the 14 calendar day appeal period, the decision shall become
final on the first calendar day following the expiration of the appeal period. (Ord. No. 90-43, & 2(145.50),
2-27-90; Ord. No. 97-291. & 3,4-1-97: Ord. No. 00-375, & 12,10-3-00)
Editor's note - Ordinance No. 97-291, & 3, adopted April 1, 1997. deleted & 22-396 and renumbered &
22-395 to be a new & 22-396. Formerly, such section pertained to request for reconsideration and derived
from Ord. No. 90-43, & 2(145.55), 2-27-90.
SECTION 61. Chapter 22, Article VI, Section 22-397, of the Federal Way City Code shall be
amended to read as follows:
22-397 Appeals.
(1) Who may appeal. +he A decision of the director of community dcyelopment services related to
either the land use approval or the community design guidelines decision under this process may be
appealed by the applicant, any person who submitted written comments or information, ef any person
who has specifically requested a copy of the decision. or the City.
(2) How and when to appeal. The appeal, in the form of a letter A written notice of appeal;- must be
delivered to the department of community development serviees within 14 calendar days after issuance of
the decision of the director of community development services. The appeal must be accompanied by
cash or a check, payable to the city of Federal Way, in the amount of the fee as established by the city.
The lettef notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement of the alleged errors in the director's decision, including identification of specific
factual findings and conclusions of the director of community development services disputed by the
person filing the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Appeal process. Appeals are be governed by process IV. Fees. The person filing the appeal shall
include, with the letter of appeal, the fec as establishcd by the city. The appeal will not be accepted unless
it is accompanied by the rcquired fee.
(1) Jurisdiction. "^.ppcals from the decision of the director of community development services ',vill be
heard by the hearing examiner. (Ord. No. 90-43, S 2(145.60), 2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 62. Chapter 22, Article VI, Section 22-398, of the Federal Way City Code is hereby
repealed as follows:
22 398 Notiee ae appeal hearing.
(a) Content. The director of community development services shall prepare a notice of the appeal
containing the following:
(1) The file number and a brief description of the matter being appealed.
(2) l.. statement of the scope of the appeal, including a summary of the errors allcged and specific
factual findings and conclusions disputed in the letter of appeal.
(3) The date, time and place of the public hearing on the appeal.
(1) "\ statement of who may participatc in the appeal.
(5) "\ statement of how to participate in the appeal.
(b) Distribution. "^.t least 10 calendar days before the hcaring on the appeal, the director of community
development services shall mail a copy of this notice to each person entitled to appeal the decision under
FWCC 22 397. (Ord. No. 90 13, ~ 2(115.65),22790; Ord. No. 97 291, ~ 3,1 1 97)
Ordinance No
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SECTION 63. Chapter 22, Article VI, Section 22-399, of the Federal Way City Code is hereby
repealed as follows:
22 399 Partieipation in the appeal.
Only those persons entitled to appeal the decision under FWCC 22 397 may participate in the appeal.
These persons may participate in either or both of the following 'Nays:
(1) By submitting ':iritten comments or information to the department of community dcvelopment
services prior to the hearing or to the hearing examiner during the hearing.
(2) By appearing in person, or through a representative, at the hearing and submitting oral
comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of the
oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90 13, S 2(115.70),2
27 90; Ord. No. 97 291, ~ 3, 1 I 97)
SECTION 64. Chapter 22, Article VI, Section 22-400, of the Federal Way City Code is hereby
repealed as follows:
22 400 Seope of the appeal.
The scope of the appeal is limited to the errors raised or the specific factual findings and conclusions
disputed in the lettcr of appeal. The hearing examiner may only consider evidence, testimony or
comments relating to errors raised or the disputed findings and conclusions. The hearing examiner also
may not consider any request for modification or wai';er of applicable requirements of this chapter or any
other law. (Ord. No. 90 13, ~ 2(115.75),22790; Ord. No. 97 291, S 3, 1 1 97)
SECTION 65. Chapter 22, Article VI, Section 22-401, of the Federal Way City Code is hereby
repealed as follows:
22 401 Staff report on appeal.
(a) Content. The director of community development services shall prepare a staff report on the
appeal containing the following:
(1) The written decision of the director of community development services.
(2) "^.ll written commcnts submitted to the director of community development services.
(3) The letter of appeal.
(1) "^.11 written comments on the appeal received by the department of community deyelopmcnt
services from pcrsons entitled to participate in the appeal.
(5) l.n analysis of the allcged errors in the director's decision and any specific factual findings
and conclusions disputed in the letter of appeal.
(b) Distribution. /\t least seven calendar days before the hearing, the director of community
de';elopment services shall distribute copies of the staff report on the appeal as follows:
(1) "A. copy will be mailed to the hearing examiner.
(2) /\. copy will be mailed to the applicant.
(3) /\ copy will be mailed to the person who filed the appeal.
(1) l. copy will be mailed to each person who received a copy of the director's decision. (Ord.
No. 90 13, S 2(115.80),227 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 66. Chapter 22, Article VI, Section 22-402, of the Federal Way City Code is hereby
repealed as follows:
Ordinance No
Page 27 of68
22 402 Publie hearing on appeal.
(a) Generally. The hearing examiner shall hold an open record hearing on the appeal.
(b) Open to public. The hearings of the hearing examiner are open to the public. (Ord. No. 90 13, S
2(115.85),2 27 90; Ord. No. 97 291, S 3, 1 1 97)
SECTION 67. Chapter 22, Article VI, Section 22-403, of the Federal Way City Code is hereby
repealed as follows:
22 403 Eleetronie sound reeordings.
Thc hearing exanHner shall make a complete electronic sound recording of each hearing. (Ord. No.
90 13, ~ 2(115.90),22790; Ord. No. 97 291, S 3, 1 1 97)
SECTION 68. Chapter 22, Article VI, Section 22-404, of the Federal Way City Code is hereby
repealed as follows:
22 404 Burden of proof.
The person filing the appeal has the responsibility of convincing the hearing exanHner by a
preponderance of the e'/idence that the director of community development services' decision contains an
error of la'N or that its findings of fact or conclusions arc incorrect. (Ord. No. 90 13, S 2(115.95),2 27 90;
Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 69. Chapter 22, Article VI, Section 22-405, of the Federal Way City Code is hereby
repealed as follows:
22 405 Continuation oCthe heariBg.
The hearing examincr may continue the hearing if, for any reason, the exanHner is unable to hear all
of the public comments on the appeal or if the hearing examiner determines that the examiner needs more
information within the scope of the appeal. If, during the hearing, the hearing examiner announces the
time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing
room, no further notice of that hearing need be given. (Ord. No. 90 13, ~ 2(115.100), 2 27 90; Ord. No.
97 291, ~ 3, 1 1 97)
SECTION 70. Chapter 22, Article VI, Section 22-406, of the Federal Way City Code is hereby
repealed as follows:
22 406 Deeision on appeal.
(1) In General. The hearing exanHner shall consider all information and comments within the scope of
the appeal submitted by persons cntitled to participate in the appeal. The hearing examiner shall either
affirm or changc the findings and conclusions of the director of community development services that
were appealed. Bascd on the hearing examiner's findings and conclusions, the examiner shall affirm,
reverse, or modify thc decision being appcaled.
(2) Issuance of written decision. Within 10 working days after the public hearing, the hearing
cxaminer shall issuc a written decision on the appcal. \Vithin fi'/e '.vorking days after it is issued, the
hearing examincr shall distribute the decision as follows:
(a) A copy ','fill be mailcd to the applicant.
(b) /. copy will be mailed to the person who filed the appeal.
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(c) "A. copy will bc mailed to each person who participated in the appeal.
(d) "A. copy will be mailed to each person that specifically requested it.
( c) }. copy will be mailed to the King County assessor.
(3) Effect. The decision by the hearing examiner is the final decision of the city, except where the
proposed projcct that is the subject of the hearing examiner's decision involves a school (FVlCC 22 1 and
22 605), a community recrcation area (FWCC 22 1 and 22 607), a go';emment facility (FWCC 22 1 and
22 610), a public utility (F\\'CC 22 1 and 22 609), or a public park (FWCC 22 1 and 22 611) located in a
SE (suburban estates), RS (single family residential), or RM (multifamily) zone, in which case the
hearing examiner's dccision may be appealed to the city council in accordance with the provisions of
FWCC 22 116 through 22 156. (Ord. No. 90 13, ~ 2(115.105),22790; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 71. Chapter 22, Article VI, Section 22-407, of the Federal Way City Code is hereby
repealed as follows:
22 407 Judieial review.
If the hearing examiner's decision affirming, modifying or reversing the director's decision denying
an application under this article is the final decision of the city, the hearing examiner's decision may be
reviewed pursuant to chapter 36.70C RC',v in the King County superior court. The land use petition must
be filcd within 21 calendar days aftcr issuance of the final land use decision of the city. (Ord. No. 90 13, ~
2(115.110),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 72. Chapter 22, Article VI, Section 22-408, of the Federal Way City Code is hereby
repealed as follows:
22 408 Lapse of appro'lal Cenerally.
The applicant undcr this article must begin construction or submit to the city a complete building
permit application for the dcvelopment acti';ity, use of land or other actions approvcd undcr this article
within one year after the final decision on the matter, or the decision becomes void. The applicant must
substantially complete construction for the development activity, use of land, or other actions approved
under this article and complete the applicable conditions listed in the decision within fivc years after the
final decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to
FVlCC 22 107 22 157, the time limits of this scction are automatically extended by the length of time
between the commenccment and final termination of that litigation. If the development activity, use of
land, or other actions approved under this article includes phased construction, the time limits of this
section may be extended in the decision on the application, to allow for complction of subsequent phases.
COrd. No. 90 13, ~ 2(115.115(1)),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 73. Chapter 22, Article VI, Section 22-409, of the Federal Way City Code is hereby
repealed as follows:
22 409 Lapse of approYftI Time extension.
(a) "^.pplication. Prior to the lapse of approval under FWCC 22 108, the applicants may submit a
writton application in the form of a letter with supporting documentation to the department of community
de'/elopment services requesting a one time extension of those time limits of up to one ycar.
(b) Criteria. The request must demonstrate that the applicant is making substantial progress on the
development acti'/ity, use of land or other actions approved under this article and that circumstances
beyond the applicant's control prc'/ent compliancc with the time limits ofF'NCC 22 108.
Ordinance No
Page 29 C!f 68
(c) Fee. The applicant shall include, with the lctter ofrequest, the fee as established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(d) Revievl process. /\11 application for a time extension will be revie'Ned and decided upon by the
director of community development scrvices.
(e) "^.ppeals. j\ny person ',vho is aggrie';ed by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating how the
decision on the time extension effects the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV, described in FWCC 2Llli et seq. Pursuant to Chapter 36.708 RCW, any time limit upon the
city's processing and decision upon applications under this chapter may, except as otherwise specifically
stated in this chapter, be modified by a v/ritten agreement between the applicant and the director of
community de'le1opment services. (Ord. No. 90 13, ~ 2(115.115), 22790; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 74. Chapter 22, Article VI, Section 22-410, of the Federal Way City Code is hereby
repealed as follows:
22 419 Bonds.
The city may require a bond under F'NCC 2.2..liQ ct seq. to insure compliance with any aspect of a
permit or approval. (Ord. No. 90 13, ~ 2(115.120), 2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 75. Chapter 22, Article VI, Section 22-411, of the Federal Way City Code is hereby
repealed as follows:
22 411 Complete compliance required.
(a) Generally. Except as specified in subsection (b) of this section, the applicant must comply with all
aspects, including conditions and restrictions, of an approval granted under this article in order to do
everything authorized by that approval.
(b) Exception, subsequent modification. If a specific use or site configuration for the subject property
"vas appro','ed under this article or any quasi judicial process under a previous zoning code, the applicant
is not required to apply for and obtain approval through this article for a subsequent change in use or site
configuration unless:
(1) There is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; or
(2) The director of community development services determines that there will be substantial
changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 90 13, ~
2(115.125),22790; Ord. No. 97 291, ~ 3, 11 97)
SECTION 76. Chapter 22, Article VII, Section 22-431, of the Federal Way City Code shall be
amended to read as follows:
22-431 Administration.
Various places in this chapter in the Code indicate that certain developments, activities or uses are
permitted only if approved using process IV. Certain appeals of agency decisions are also governed by
process IV. This article describes process IV.
All development applications subiect to this process and also subiect to the requirements of Article
XIX, Community Design Guidelines. shall first comply with process III as to those requirements. and
then proceed with process IV as to any other required review. Any appeal of the director's decision as to
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Community Design Guidelines pursuant to this subsection shall be decided at the same time as and in
coni unction with the process IV review. If the development. use or activity that requires approval through
process II or III is part of a proposal that also requires approval through process IV, the entire proposal
will be decided upon using process IV. if the director determines that will result in more efficient decision
making.
Under process IV the hearing examiner will make the initial decision following a public hearing,
cxcept that the dircctor of community development services will make the initial decision on application
/.rticle XIX, Community Design Guidelines. The hearing examiner will decide any appeals from the
director's decision concerning community design guidelines. City council will decide appeals from the
hearing examiner decision except for those decisions that are specifically designated as on the land use
elcmCllt; the hearing examiner decision on an appeal of the director's decision concerning community
design guidelines may be reviewable in superior court pursuant to Chapter 36.70C RCW. (Ord. No. 90-
43, S 2(150.05), 2-27-90; Ord. No. 92-133, S 3(150.05),4-21-92; Ord. No. 97-291, S 3, 4-1-97)
SECTION 77. Chapter 22, Article VII, Section 22-432, of the Federal Way City Code is hereby
repealed as follows:
22 432 Proposals requiring approval through proeess IV.
If the development, use or activity that requires approval through process II or III is part of a proposal
that also requires appro'.'al through process IV, the entire proposal will be decided upon using process IV,
if the director of community deyelopment services determines that this will result in more efficient
decision making. (Ord. No. 90 13, ~ 2(150.10),227 90; Ord. No. 92 133, ~ 3(150.10), 1 21 92; Ord. No.
97291,~3,1l97)
SECTION 78. Chapter 22, Article VII, Section 22-433, of the Federal Way City Code is hereby
repealed as follows:
22 433 Purposes of review.
The site plan review has the following purposes:
(1) To review the proposal for compliance with the provisions of this chapter and all other
applicable law.
(2) To help insure that the proposal is coordinated, as is reasonable and appropriate, with other
known or anticipated development on private properties in the area and with lmown or anticipated right
of way and other public improvement projects within thc arca.
(3) To encourage proposals that embody good design principles that will result in high quality
dC'lelopment on the subject property. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 79. Chapter 22, Article VII, Section 22-434, of the Federal Way City Code is hereby
repealed as follows:
22 434 "A~pplieations.
(a) 'Nho may apply. "^.ny person may, personally or through an agent, apply for a dccision regarding
property he or she owns.
(b) HOVI to apply. The applicant shall file the following information with the department of
community development services:
(1) A completed application, '.'lith supporting affidavits, on forms provided by the department of
community development services.
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(2) Two sets (three if compliance with the State Environmental Policy Act is required) of stamped
en';elopcs with addrcss labels obtained from the county, within the prior six months, containing the flames
and addresses of the persons receiving the property tax statements for properties within 300 feet of each
boundary of the subject property.
(3);\ copy of the county assessor's map identifying the properties specified in subsection (13)(2)
of this section.
(1) "^.ny information or material that is specified in the provision of this chapter that describes the
applied for decision.
(5) "^.ll information required by FWCC ~.
(6) "'\ny additional information or material that the director of community development services
determines is reasonably necessary for a decision on the matter.
(c) Fee. With the application, the applicant shall submit the fec cstablished by the city. The
application will not be accepted unless it is accompanied by the required fee.
(d) Completeness.
(1) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. Thc city '",ill apply FWCC ~ to determine completeness. If the city dcems
the application to be complete, a letter of completeness must be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of '.",hat needs to be
submitted for a complete application prior to the 28 day deadline. In this '.vritten determination, the city
shall also identify, to the extent knO'.'1ll to the city, thc other agencies oflocal, state, or federal govcrnment
that may hU';e jurisdiction o';er somc aspect of the proposed de'lelopment acti'/ity. An application shall be
decmed completc under this section if thc city docs not provide a '.vritten determination to the applicant as
required in this paragraph.
(2) Within 11 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or whether additional information is necessal)'.
(c) "^.dditional information. "A. determination of completeness shall not precludc the city from
rcquesting additional information or studies, cither at the time of the letter of completcncss or
subsequently, if new information is rcquired or substantial changes in thc proposed action occur. (Ord.
No. 90 13, ~ 2(150.15),22790; Ord. No. 92 133, ~ 3(150.15), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97;
Ord. No. 00 375, ~ 13, 10 3 00)
SECTION 80. Chapter 22, Article VII, Section 22-435, of the Federal Way City Code shall be
amended to read as follows:
22-435 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1) All application materials submitted by the applicant.
(2) The staff report~.
(3) All written comments received on the matter.
(4) The electronic recording of the any public hearing on the matter.
(5) The decision of the hearing examiner.
(6) If the decision of the hearing examiner is appealed, the following will be included in the file:
a. The letter notice of appeal.
b. All written comments submitted regarding the appeal.
c. The staff report on the appeal.
d. The electronic sound recording and minutes of the hearing on the appeal.
e. The decision of the city council on the appeal.
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(7) Any other information relevant to the matter, including any agency decision and notice of
appeal.
(b ) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development services during regular business hours. (Ord. No. 90-43, S
2(150.25),2-27-90; Ord. No. 92-133, S 3(150.25),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 81. Chapter 22, Article VII, Section 22-436, of the Federal Way City Code shall be
amended to read as follows:
22-436 Notice.
(1) Contents. The director of community development services shall prepare the following notices as
applicable:
(a) Notice of application. A notice of application shall contain:
(i) The name of the applicant and, if applicable, the project name and file number.
(ii) The date of application, the date of the notice of completion fDr the applieation, and the
6ate-ef the notice of application.
(iii) The street address of the subject property or, if this is not available, a description of the
location of the property in non-legal language. Except for notice~ published in a newspaper of general
circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(iv) A brief description of the requested decision, including a citation to the provision of this
chapter governing the request, a list of the project permits included in the application and, if applicable, a
list of any studies requested. To the extent known by the city, the notice shall include any other permits
which are not included in the application.
(v) A statement ofthe availability of the official file.
(vi) A statement of the right of any person to submit written comments to city staff or the
hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally.
(vii) The identification of existing environmental documents that evaluate the proposed
project and the location where the application and any studies can be reviewed.
(viii) A statement of the preliminary determination, if one has been made at the time of
notice, of those development regulations that will be used for project mitigation and of consistency as
provided in RCW 36.70B.040.
(b) Notice of public hearing. In addition to the information specified in the notice of application,
the notice of public hearing shall include the following:
(i) The date, time, and place of the public hearing.
(ii) A statement of the right of any person to submit written comments to the hearing
examiner and to appear at the public hearing of the hearing examiner to give comments orally and the
right to request a copy of the decision once made. For agency decision appeals this right is limited to
those entitled to appeal.
(iii) A statement that only the applicant, persons who submit written or oral comments to the
hearing examiner, or persons who specifically request a copy of the written decision may appeal may
appeal the hearing examiner's decision.
(c) Notice of agency decision appeal. A notice of an agency decision appeal shall contain:
(i) The file number and a brief description of the matter being appealed.
(ii) A statement of the scope of the appeal. including a summary of the errors alleged and
specific factual findings and conclusions disputed in the letter of appeal.
(iii) The date. time, and place of the public hearing on the appeal.
(iv) A statement of who may participate in the appeal.
(v) A statement of how to participate in the appeal.
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(2) Distribution. The director of community development services shall distribute these notices as
follows:
(a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the
director of community development services shall distribute the notice of application as follows:
(i) A copy of the notice of application will be published in a newspaper of general circulation
in the city;
(ii) At least three copies of the notice of application will conspicuously posted on or near the
subject property. Of these, at least one will be posted on or adjacent to every public right-of-way
providing primary vehicular access to any property that abuts the subject property;
(iii) A copy of the notice will be posted on each of the official notification boards of the city
and public libraries within the city;
(iv) A copy will be mailed to the persons receiving the property tax statements for all
property within 300 feet of each boundary of the subject property.
(b) Notice of public hearing. The director of comrrRlllity development services shall distribute the
notice of public hearing at least 14 calendar days before the hearing in the same manner as the notice of
application except no posting needs to be done on or near the subject property. as follows:
(i) /\ copy will be mailed to the persons receiving the property tax statements for all property
within 300 feet of each boundary of the subject property;
(ii) "A. copy will be published in a newspaper of general circulation of the city;
(iii) "^. copy '.vill be posted on each of the official notification boards of the oity and public
libraries 'Nithin the city.
(c) Agency decision appeals. Distribution of notices involving an agency decision appeal shall
occur at least 10 calendar days before the hearing on the appeal. and shall be mailed to each person
entitled to appeal the decision. No further distribution is required for agency decision appeals.
(3) Public notification sign. Except for in agency decision appeals, the +he applicant shall erect at
least one public notification sign which complies with standards developed by the department ef
community development services within 14 calendar days of the issuance of the letter of completeness.
This sign shall be located on or near the subject property facing the right-of-way or vehicle access
easement or tract providing direct vehicle access to the subject property. The director of oommunity
development services may require the placement of additional public notice signs on or near the subject
property if he or she determines that this is appropriate to provide notice to the public. The sign shall be
removed within seven calendar days after the final decision of the city on the matter.
(1) Timing for signs. The public notification sign or signs must be in place v/ithin 11 calendar days of
issuing the letter of completeness and removed within scven calendar days after the final decision of the
city on the matter. (Ord. No. 90-43, S 2(150.30), 2-27-90; Ord. No. 92-133, S 3(150.30), 4-21-92; Ord.
No. 97-291, S 3,4-1-97; Ord. No. 01-399, S 3, 8-7-01)
Cross-reference: FWCC 18-51
SECTION 82. Chapter 22, Article II, Section 22-437, of the Federal Way City Code shall be amended
to read as follows:
22-43+4.5 Compliance with the State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall evaluate each application and, where
applicable, comply with the State Environmental Policy Act and with state regulations and city
ordinances issued under the authority of the State Environmental Policy Act. Where a threshold
determination under the State Environmental Policy Act is required, the responsible official shall issue his
or her determination at least 29 days prior to the hearing before the hearing examiner to allow any appeal
of the threshold determination to be consolidated with the hearing on the application for process IV
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approval. (Ord. No. 90-43, S 2(150.20), 2-27-90; Ord. No. 92-133, S 3(150.20), 4-21-92; Ord. No. 97-
291, S 3,4-1-97)
SECTION 83. Chapter 22, Article VII, Section 22-438, of the Federal Way City Code is hereby
repealed as follows:
22 438 Community design guidelines.
(a) "^.pplicability. All commercial, office, industrial, institutional, and multifamily development
applications arc subject to the requirements of "^.rticle XIX, Community Design Guidelines. ;\pplications
for remodeling and expansion of an existing developments shall meet only those proyisions of this article
that are determined by the director of community development services to be reasonably related and
applicable to the area of expansion or remodeling.
(b) Dircctor's decision. Within 10 working days after the deadline for submitting comments and after
considering all of the information and comments submitted on the application, the director of community
development services shall issue a written decision.
(c) Decisional criteria. The dircctor of community development services shall use the criteria listed in
the pro';ision of this chapter describing the rcquestcd decision in deciding upon the application. In
addition, the director of community development services may approve the application only if:
(1) It is consistent with the site design standards set forth for all zoning districts in FWCC 2L
163/1;
(2) It is consistent with applicable supplemental guidelines set forth in F\\'CC 22 1638; and
(3) For development applications for remodeling or expansion of an existing development, it is
consistent with those pro','isions of "\rticle XIX, Community Design Guidelines, identificd by the director
of community development services as being applicable.
(d) Conditions and restrictions. The director of community de'lelopment services shall include in the
written decision any conditions and restrictions that he or she determines are reasonably necessary to
eliminate or minimize any undesirable effects of granting the application. "^J1Y conditions and restrictions
that are included become part of the deeision.
( e) Contents. The director of community development services shall include the following in the
written decision:
(1) "A. statement granting, modifying and granting, or denying the application.
(2) "^illy conditions and restrictions that are imposed.
(3) "A. statement of facts presented to the director of community development services that support
the decision, including any conditions and restrictions that arc imposed.
(1) /. statement of the director's conclusions based on those facts.
(5) "A. statement ofthe criteria used by the dircctor of community de';elopment services in making
thc dccision.
(6) The date of the decision.
(7) "A. summar;, of the rights, as established in this article, of the applicant, and others to appeal
the decision and/or conditions of the director of eommunity development services.
(8) The identification of existing environmental documents that evaluate the proposed projeet and
the location where the application and any studies can be revic'.ved.
(9) A statcmcnt of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as provided in
RCVl36.70B.010.
(0 Distribution of written decision. Thc written decision of the director of community development
services is issued, it shall be distributed as follows:
(1) "^. copy will be mailed to the applicant.
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(2) f\. copy will be mailed to each person who submitted written comments or inf-ormation to the
director of community de'ielopment services.
(3) /\ copy will be mailed to any person who has specifically requested it.
(1) l. copy will be mailed to the King County assessor.
(g) Effect of the decision. The applicant may not engage in any activity based on the decision until the
third working day after the time to appeal has e;xpired. If the decision is appealed, the applicant may not
engage in any acti'.'ity based on the decision until the third 'Norking day after the city issues a final
decision on the matter. If the decision of the director of community development services is not appealed,
that decision is the final decision of the city.
(h) Appeals.
(1) Who may appeal. The decision and/or conditions of the director of community development
services related to the community design guidelines may be appealed by any person who is to receive a
copy of that decision under FWCC 22 438(f).
(2) HOVI and when to appeal. The appeal, in the form of a letter of appeal, must be deliyered to
the department of community development services within 11 calendar days after issuance of the decision
of the director of community development services. The letter of appeal must contain:
a. "A. statement identifying the matter being appealed, along with a copy of the decision;
b. A statement of the alleged errors in the director's decision, including specific factual
findings and conclusions of the director of community development services disputed by the person filing
thc appeal; and
c. The appellant's name, address, telephone number and fax number, and any other
information to facilitate communicating with the appellant.
(3) Fees. The person filing the appeal shall include, \vith the letter of appeal, the fee as established
by the city. The appeal will not be accepted unless it is accompanied by the required fee.
(1) Jurisdiction. "^.ppeals of the decision of the director of community dC'/elopment services will
be heard by the hearing examiner.
(5) "^.ppeal hearing timing. "^.n appeal of a decision of the director of community de'/e]opment
services will be heard on the same date as the public hearing for the application being processed pursuant
to this section.
(6) Notice of appeal hearing. The notice of thc appeal hearing shall be included in the notice of
public hcaring for the application being processed pursuant to this section. The notice of appeal hearing
shall include:
a. The file number and a brief description of the matter being appealed;
b. A statement of the scope of the appeal, including a summary of the alleged errors in the
director's decision, including specific factual findings and conclusions disputed in the letter of appeal;
c. The date, time, and place of the public hearing on the appeal;
d. l. statement of who may participate in the appeal; and
e. "A. statement of how to participate in the appeal.
(7) The provisions of FWCC 22 399 through 22 106 shall apply to appeals filed under this
section. (Ord. No. 97 291, ~ 3, 1 1 97; Ord. No. 99 333, ~ 3, 1 19 99; Ord. No. 00 375, ~ 11, 10 3 00)
SECTION 84. Chapter 22, Article VII, Section 22-439, of the Federal Way City Code shall be
amended to read as follows:
22-439 Staff report.
(a) Contents. The director of community dcvelopment services shall prepare a staff report concerning
the application or agency decision appeal. being processed pursuant to this section. The staff report shall
contain!!!g the following information:
(1) All pertinent application materials. including any notice of appeal and any agency decision.
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(2) All written comments regarding the matter received by the department of community
dcvelopment services prior to distribution of the staff report.
(3) An analysis of the application under the any relevant provisions of this chapter and the
comprehensive plan.
(4) A statement of the facts found by the director of community development services and the
conclusions drawn from those facts, including an analysis of any alleged errors or disputed findings or
conclusions in an agency decision appeal.
(5) A recommendation on the matter.
(b) Distribution. At least seven calendar days before the hearing, the director of comnRmity
development scrvices shall distribute the staff report to the hearing examiner, the applicant, the appellant.
any person who specifically requested it. and in an appeal any person who requested the agency's
decision. as follov/s:
(1) /\ eopy will be sent to the hearing examiner.
(2) A copy will be sent to the applicant.
(3) /... copy will be sent to any person who has specifically requested it. (Ord. No. 90-43, S
2(150.35),2-27-90; Ord. No. 92-133, S 3(150.35),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 85. Chapter 22, Article VII, Section 22-440, of the Federal Way City Code shall be
amended to read as follows:
22-440 Public hearing.
(aD Generally. The hearing examiner shall hold a pOOlie hearing on each application that is open to
the public. The hearing examiner shall make a complete electronic sound recording of each public
hearing.
(b) Open to public. The hearings of the hearing examiner are open to the public.
(2) Participation. Any person may participate in a public hearing under this process, except those
involving agency decision appeals. Only those persons entitled to appeal may participate in the appeal.
Participation is accomplished through either or both of the following ways:
(a) By submitting written comments to the hearing examiner. either by delivering these comments
to the department of community deyclopment services prior to the hearing or by giving these directly to
the hearing examiner at the hearing.
(b) By appearing in person. or through a representative. at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing.
(3) Continuation. The hearing examiner may continue the hearing if. for any reason, he or she is
unable to hear all of the public comments on the matter or if the hearing examiner determines that he or
she needs more information on the matter. If, during the hearing, the hearing examiner announces the
time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing
room, no further notice of that hearing need be given. (Ord. No. 90-43, S 2(150.40), 2-27-90; Ord. No.
92-133, S 3(150.40),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 86. Chapter 22, Article VII, Section 22-441, of the Federal Way City Code is hereby
repealed as follows:
22 441 Electronic sound recording.
The hearing examiner shall make a complete electronic sound recording of each public hearing. (Ord.
No. 90 13, ~ 2(150.15), 227 90; Ord. No. 92 133, ~ 3(150.15), 1 2192; Ord. No. 97 291, ~ 3, 1 1 97)
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SECTION 87. Chapter 22, Article VII, Section 22-442, of the Federal Way City Code shall be
amended to read as follows:
22-442 Burden of proof.
The applicant has the responsibility of convincing persuading the hearing examiner ~
preponderance of the evidence that, under the provision of this article, the applicant is entitled to the
requested decision. The hearing examiner may take notice of (a) any iudicially cognizable facts, (b)
technical or scientific facts within the agency's specialized knowledge, and (c) codes or standards that
have been adopted by an agency of the United States, of this state or of another state, or by a nationally
recognized organization or association. The hearing examiner shall give great deference to the agency's
interpretation of its own properly promulgated regulations, matters within its expertise, and procedural
determinations. (Ord. No. 90-43, ~ 2(150.50), 2-27-90; Ord. No. 92-133, ~ 3(150.50), 4-21-92; Ord. No.
97-291, ~ 3,4-1-97)
SECTION 88. A new section is added to Chapter 22, Article VII, of the Federal Way City Code to
read as follows:
22-442.5 Scope of a2ency decision appeals.
The scope of agency decision appeals is limited to the errors of law raised or the specific factual
findings and conclusions disputed in the notice of appeal. The hearing examiner may only consider
evidence, testimony. or comments relating to errors of law raised or the disputed findings and
conclusions. The hearing examiner also may not consider any request for modification or waiver of
applicable requirements of this chapter or any other law.
SECTION 89. Chapter 22, Article VII, Section 22-443, of the Federal Way City Code is hereby
repealed as follows:
22 443 Puillie eomments and partieipation at the hearing.
"^illY person may participate in the public hearing in either or both of the following ways:
(1) By submitting written comments to the hearing examiner, either by delh'ering these comments
to the department of community dcvelopment services prior to the hearing or b)' giving these directly to
the hearing cxaminer at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate thc orderly and timely conduct of the hearing. (Ord. No. 90 13, ~ 2(150.55), 2 27 90; Ord.
No. 92 133, ~ 3(150.55), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 90. Chapter 22, Article VII, Section 22-444, of the Federal Way City Code is hereby
repealed as follows:
22 444 Continuation of the hearing.
The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of
the public comments on the matter or if the hearing examiner determines that he or she needs more
information on the matter. If, during the hearing, thc hearing examiner announces the time and place of
the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further
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notice of that hearing need be given. (Ord. No. 90 13, ~ 2(150.60), 227 90; Ord. No. 92 133, ~
3(150.60),1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 91. Chapter 22, Article VII, Section 22-445, of the Federal Way City Code shall be
amended to read as follows:
22-445 Hearing examiner's decision.
(a) General. After considering all of the information and comments submitted on the matter, the
hearing examiner shall issue a written decision. In an agency decision appeal. the examiner shall affirm,
reverse, or modify the decision being appealed based on the hearing examiner's findings and conclusions.
Subsections c. d, and e of this section do not apply to agency decision appeals.
(b) Timing.
(1) Unless a longer period is agreed to by the applicant, the hearing examiner flffiSt shall issue the
decision within 10 working days after the close of the public hearing.
(2) The hearing examiner will endeavor to issue his or her decision on the land use and design
components of the process IV project permit approval within 120 days of the issuance of the letter of
completeness issued pursuant to 22-433(d), except that the following periods shall not be included in the
calculation of the 120-day period:
a. Any period during which the applicant has been requested by the city to correct plans,
perform required studies, or provide additional required information. In these instances, the period
excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need
for additional information and run until the earlier of the date the city determines whether the additional
information satisfies the request for information or 14 days after the date the information has been
provided to the city. If the city determines that the information submitted by the applicant under this
paragraph is insufficient, it shall notify the applicant of the deficiencies and the procedures under this
paragraph shall apply as if a new request for studies had been made.
b. Any period during which an environmental impact statement is being prepared following a
determination of significance pursuant to Chapter 43.21 C RCW.
c. Any period for administrative appeals of the SEP A threshold determination, provided that
the time period for consideration of such appeals shall not exceed 90 days for an open record appeal
hearing. The parties to an appeal may agree to extend the 90-day period.
d. Any extension of time mutually agreed upon by the applicant and the city.
The l20-day time period does not apply if a project permit application under this article requires
an amendment to the comprehensive plan or this chapter; requires approval of a new fully contained
community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or
the siting of an essential public facility as provided in RCW 36.70A.200; or if a project permit application
under this article is substantially revised by the applicant, in which case the time period shall start from
the date at which the revised project application is determined to be complete under FWCC 22 388. 22-
33.5.
If the hearing examiner is unable to issue his or her decision on the land use or design review
components of a process IV project permit application as provided in this paragraph, the city shall provide
written notice of this fact to the applicant. The notice shall include a statement of reasons why the
decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of
final decision.
(c) Decision criteria. The hearing examiner shall use the criteria listed in the provision of this chapter
describing the requested decision in deciding upon the application. In addition, the hearing examiner may
approve the application only if:
(1) It is consistent with the comprehensive plan;
(2) It is consistent with all applicable provisions of this chapter and all other applicable laws;
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(3) It is consistent with the public health, safety and welfare;
(4) The streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal; and
(5) The proposed access to the subject property is at the optimal location and configuration for
access.
(d) Conditions and restrictions. The hearing examiner shall include in the written decision any
conditions and restrictions that the examiner determines are reasonably necessary to eliminate or
minimize any undesirable effects of granting the application. Any conditions and restrictions that are
imposed become part of the decision.
( e) Contents. The hearing examiner shall include the following in the examiner's written decision:
(1) A statement granting, modifying and granting~ or denying the application.
(2) Any conditions and restrictions that are imposed.
(3) A statement of facts presented to him or her that support the decision, including any
conditions and restrictions that are imposed.
(4) A statement of the hearing examiner's conclusions based on those facts.
(5) A statement of the criteria used by the hearing examiner in making the decision.
(6) The date of issuance of the decision and a summary of the rights, as established in this article,
of the applicant and others to appeal the decision of the hearing examiner.
(7) A statement of any threshold determination made under the State Environmental Policy Act,
Chapter 43.21C RCW.
(8) A statement that affected property owners may request a change in valuation for property tax
purposes notwithstanding any program of revaluation.
(f) Distribution of written decision. Within five working days after the hearing examiner's written
decision is issued, the director of community de';elopment services shall distribute the decision as
follows:
(1) A copy will be mailed to the applicant and the appellant.
(2) A copy will be mailed to each person who submitted written or oral testimony to the hearing
examIner.
(3) A copy will be mailed to any person who has specifically requested it.
(4) A copy will be mailed to the King County assessor.(Ord. No. 90-43, S 2(150.65), 2-27-90;
Ord. No. 92-133, S 3(150.65),4-21-92; Ord. No. 97-291, S 3,4-1-97)
Editor's note - Ordinance No. 97-291, S 3, adopted April 1, 1997, deleted S 22-445. Formerly, such
section pertained to request for reconsideration and derived from Ord. No. 90-43, S 2(150.75), 2-27-90;
Ord. No. 92-133, S 3(150.75),4-21-92.
SECTION 92. Chapter 22, Article VII, Section 22-446, of the Federal Way City Code shall be
amended to read as follows:
22-446 Final decisions and effect Effeet of the decision.
Upon a decision becoming final, the applicant may engage in activity based on the decision, provided
applicable permits have been approved. If a decision of the hearing examiner is the final decision of the
city it may be reviewed under 22-456. Where the hearing examiner's decision is not the final decision of
the city, the decision may be appealed under 22-447 and is subiect to subsection 2 of this section.
(1) Agency decision appeals. The decision by the hearing examiner on an agency decision appeal
is the final decision of the city, except where the proposed project involves:
(a) An approval. other than a site plan approval. involving a school (FWCC 22-605), a
community recreation area (FWCC 22-607), a government facility (FWCC 22-610), a public utility
(FWCC 22-609), or a public park (FWCC 22-611) located in a SE (suburban estates), RS (single-family
residential), or RM (multifamily) zone; or
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(b) A site plan approval for a public utility located in a BN (neighborhood business), BC
(community business). or OP (office park) zone
( c) SEP A appeals under Chapter 18.
(2) Other cases. In cases not subject to subsection 1 of this section. decisions of the hearing
examiner become final:
(a) If no appeal of the hearing examiner's decision is submitted within the appeal period. on
the first calendar day following the expiration of the 14 calendar day appeal period;
(b) If a written notice of appeal of the hearing examiner's decision is received within the
appeal period, when the city issues a final decision after the appeal process is complete.
Decisions become final subject to the follo'Ning:
(1) If a written notioe of appeal is receiyed 'Nithin the appeal period, the decision shall not
become final until the appeal prooess is complete and the city issues a final decision.
(2) If no appeal is submitted within the 11 calendar day appeal period, the deoision shall become
final on the first calendar day following the expiration of the appeal period. (Ord. No. 90-43, g 2(150.70),
2-27-90; Ord. No. 92-133, S 3(150.70),4-21-92; Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 15, 10-
3-00)
SECTION 93. Chapter 22, Article VII, Section 22-447, of the Federal Way City Code shall be
amended to read as follows:
22-447 Appeals of the Hearin2 Examiner's decision.
(1) Who may appeal. The decisions of the hearing examiner which are not the final decision of the
City, may be appealed by the applicant, persons who submit written or oral comments to the hearing
examiner, ef persons who specifically request a copy of the written decision. or by the City.
(2) How and when to appeal. The appeal, in the f-orm of a letter A written notice of appeal, must be
delivered to the department of community development services within 14 calendar days after issuance of
the decision of the director of community development services. The appeal must be accompanied by
cash or a check, payable to the city of Federal Way. in the amount of the fee as established by the city.
The lettef notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement of the alleged errors in the hearing examiner's decision, including specific factual
findings and conclusions of the hearing examiner disputed by the person filing the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Transcript Fee. The person filing the appeal shall include, with the letter of appeal, the fee
established by the city.
(a) In addition to the appeal fee, the appellant shall either pay an amount sufficient to cover the
cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour>~
(b) In lieu of payment of the transcript preparation costs, the appellant may choose to or make
separate arrangements to prepare the transcript from tapes of the hearing provided by the city, at
appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for
distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by
an affidavit or certification by the appellant as to the accuracy and completeness of the transcript.
( c) The appeal will not be accepted unless it is accompanied by the required fee and appropriate
oosts-;
(d) The cost of the transcript shall be refunded to the appellant if the appellant substantially
prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and
that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation
as follows:
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(i) City staff preparation. Hourly cost of preparation.
(ii) Appellant preparation from tapes. Actual costs as shown by certified receipt or other
evidence sufficient to the city.
(4) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council.
(Ord. No. 90-43, S 2(150.80), 2-27-90; Ord. No. 92-133, S 3(150.80), 4-21-92; Ord. No. 97-291, S 3, 4-1-
97)
SECTION 94. Chapter 22, Article VII, Section 22-448, of the Federal Way City Code shall be
amended to read as follows:
22-448 Notice of the appeal hearing.
(a) Contents. The director of community development services shall prepare a notice of the appeal
containing the following:
(1) The file number and a brief description of the matter being appealed.
(2) A statement of the scope of the appeal, including a summary of the specific factual findings
and conclusions disputed in the letter of appeal.
(3) The date, time and place of the city council public hearing on the appeal.
(4) A statement of who may participate in the appeal.
(5) A statement of how to participate in the appeal.
(b) Distribution. At least 10 calendar days before the hearing on the appeal, the director of community
development shall send a copy of this notice to each person entitled to appeal the decision under FWCC
22 116. (Ord. No. 90-43, S 2(150.85),2-27-90; Ord. No. 92-133, S 3(150.85),4-21-92; Ord. No. 97-291,
S 3,4-1-97)
SECTION 95. Chapter 22, Article VII, Section 22-449, of the Federal Way City Code is hereby
repealed as follows:
22 449 Partieipation in the appeal.
Only those pcrsons entitled to appeal the decision under FWCC 22 117 may participate in either or
both of the f-ollowing ways:
(1) By submitting written comments to the department of community de'ielopment prior to the
hearing or to the city council at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments
dircctly to the city council. The council may reasonably limit the extent of the oral comments to faeilitate
the orderly and timely conduct of the hcaring. (Ord. No. 90 13, ~ 2(150.90),227 90; Ord. No. 91 133, ~
3,1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
Editor's note Ordinance No. 97 291, ~ 3, adoptcd I.prill, 1997, deleted ~ 22 119. Formerly, such
scction pertained to scope of the appeal and derived from Ord. No. 90 13, ~ 2(150.95), 22790; Ord. No.
91 133, ~ 2, 1 21 n.
SECTION 96. Chapter 22, Article VII, Section 22-450, of the Federal Way City Code shall be
amended to read as follows:
22-450 Staff report on the appeal.
(a) Contents. The director of community development shall prepare documents on the appeal
containing the following:
(1) The staff report prepared for the public hearing before the hearing examiner.
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(2) The written decision of the hearing examiner.
(3) All written comments submitted to the hearing examiner.
(4) A summary of the comments and information presented to the hearing examiner, a statement
of the availability of the electronic sound recording of the hearing, and a written transcript of the hearing
examiner's proceedings.
(5) The lettef notice of appeal.
(6) All written comments received by the department of community development from persons
entitled to participate in the appeal and within the scope of the appeal.
(7) An analysis of the alleged errors and the specific factual findings and conclusions disputed in
the letter of appeal.
(b) Distribution. At least seven calendar days before the hearing. the +he director of community
de','elopment services shall distribute copies of the staff report on the appeal to the following people: each
member of the city council, the applicant. the appellant, any person who specifically requested it, in an
appeal any person who requested the director's decision, and in an appeal the underlying applicant if
different than the appellant. documents as f-ollows:
(1) Prior to the hearing, a copy will be sent to eQch member of the city council.
(2) ,\t least seven calendar days before the hearing, a copy ..vill be sent to:
a. The applicant;
b. The person who filed the appeal; and
c. Each person who received a copy of the hearing examiner's decision. (Ord. No. 90-43, S
2(150.100),2-27-90; Ord. No. 92-133, S 3(150.100),4-21-92; Ord. No. 97-291, S 3, 4-1-97)
SECTION 97. Chapter 22, Article VII, Section 22-451, of the Federal Way City Code shall be
amended to read as follows:
22-451 Closed record appeal.
(aD Generally. The city council shall hold a closed record appeal hearing, as defined in RCW
36. 70B.020(1 ), that is open to the public. The city council shall make a complete electronic sound
recording of the hearing.
(2) Participation. Only those persons entitled to appeal the decision of the hearing examiner may
participate in either or both of the following ways:
(a) By submitting written comments to the department of community development prior to the
hearing or to the city council at the hearing.
(b) By appearing in person. or through a representative. at the hearing and making oral comments
directly to the city council. The council may reasonably limit the extent of the oral comments to facilitate
the orderly and timely conduct of the hearing.
(3) Continuation. The city council may continue the hearing if, for any reason, he or she is unable to
hear all of the public comments on the matter or if the hearing examiner determines that he or she needs
more information on the matter. If. during the hearing, the hearing examiner announces the time and place
of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further
notice of that hearing need be given.
(b )Open to public. The hearings of the city council are open to the public.
(cJ) Scope of appeal. The scope of the appeal is limited to the specific errors raised or factual findings
disputed in the lettcr of appeal. The city council shall consider only the follo'.ving:
(1 a) The; information received from the director of community development services pursuant to
FWCC 22 450;
(2l!) Thc record before the hearing examiner, including exhibits and evidence admitted by the
hearing examincr;
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(3) l\ppeal argument by the appellant, any person who commented to or testified before the
hearing examiner, or other persons provided that appeal argument shall address only the issues raised by
the letter of appeal and evidence, if any, allovied under FWCC 22 451 (c)( 1); and
(1) New cvidence that was not presented to or considered by the hearing examiner, but only if
that evidencc:
(i) Relates to thc validity of the hearing examiner's decision at the time it was made and the
party offering the new evidence did not know, and was under no duty to diseover_or could not reasonably
have discoyered the evidence until after the hearing examiner's decision; or
(ii) The hearing examiner improperly excluded or omitted the evidence from the record. (Ord.
No. 90-43, S 2(150.105), 2-27-90; Ord. No. 92-133, S 3(150.105), 4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 98. A new section is added to Chapter 22, Article VII, of the Federal Way City Code to
read as follows:
22-451.5 Scope of appeal.
The scope of the appeal is limited to the errors of law raised or the specific factual findings and
conclusions disputed in the notice of appeal. The city council shall consider only the following:
(1) The staff report on appeal;
(2) The record before the hearing examiner, including exhibits and evidence admitted by the
hearing examiner;
(3) Evidence within the scope of the appeal that was not presented to or considered by the hearing
examiner, but only if:
(a) At the time of the hearing examiner's decision the party offering the evidence did not
know of the evidence, was under no duty to discover the evidence. and could not have reasonably
discovered the evidence; or
(b) The hearing examiner improperly excluded or omitted the evidence from the record.
(4) Arguments within the scope of the appeal by persons allowed to participate in the appeal.
SECTION 99. Chapter 22, Article VII, Section 22-452, of the Federal Way City Code is hereby
repealed as follows:
22 452 Eleetronie sound reeordings.
The city council shall make a complete electronic sound recording of each hearing. (Ord. No. 90 13,
~ 2(150.110),227 90; Ord. No. 92 133, ~ 3(150.110), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 100. Chapter 22, Article VII, Section 22-453, of the Federal Way City Code shall be
amended to read as follows:
22-453 Burden of proof.
The person filing the appeal has the responsibility of convincing persuading the city council by a
preponderance of the evidence that the hearing examiner's decision contains an error of law or that its
findings of fact or conclusions are incorrect. (Ord. No. 90-43, S 2(150.115), 2-27-90; Ord. No. 92-133, ~
3(150.115), 4-21-92)
SECTION 101. Chapter 22, Article VII, Section 22-454, of the Federal Way City Code is hereby
repealed as follows:
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22 454 Continuation of the hearing.
The city council may continue the hearing if, for any reason, it is unable to hear all of the public
comments on the appeal or if the city council determines that it needs more information within the scope
of the appeal. If, during the hearing, the time and place of the next public hearing on the matter is
announced and a notice thereof is posted on the door of the hearing room, no further notice of that hearing
need be given. (Ord. 1'10.90 13, ~ 2(150.120),22790; Ord. No. 92 133, ~ 3(150.120), <I 21 92)
SECTION 102. Chapter 22, Article VII, Section 22-455, of the Federal Way City Code shall be
amended to read as follows:
22-455 Decision on the appeal.
ill After considering the matter as provided in FWCC 451.5 22 451 (c ), the city council shall, by
motion approved by a majority vote of members present, take one of the following actions:
(h) If city council determines that the disputed findings of fact and conclusions are the correct
findings of fact and conclusions, the council shall affirm the decision.
(;?;l!) If city council determines that the disputed findings of fact and conclusions are not correct
and that correct findings of fact and conclusions do not support the decision of the hearing examiner, the
council shall modify or reverse the decision.
(:3-2) Notice of decision.
(a} General. Within 2 working days after Following the final decision of the city council, the
director of community development services shall prepare a notice of the city's final decision on the
application. To the extent the decision does not do so, the notice shall include a statement of any threshold
determination made under the State Environmental Policy Act, Chapter 43.21C RCW, and a statement
that the affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
(b} Distribution. Within two working days after the city council's decision is made, the director
of community development services shall distribute the notice of the decision as follows:
I. A copy will be mailed to the applicant.
2. A copy will be mailed to the person who filed the appeal.
3. A copy will be mailed to any person who submitted written or oral comments to the city
council.
4. A copy will be mailed to the King County assessor.
(4J) Effect. The decision of city council is the final decision of the city. (Ord. No. 90-43, S 2
(150.125),2-27-90; Ord. No. 92-133, S 3(150.125),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 103. Chapter 22, Article VII, Section 22-456, of the Federal Way City Code shall be
amended to read as follows:
22-456 Judicial review.
The final decision aetieH of the city in granting or denying an application or an appeal under this
article may be reviewed pursuant to Chapter 36.70C RCW in the King County superior court. The land
use petition must be filed within 21 calendar days after the final land use decision of the city. Provided
that final decisions involving multifamily housing tax exemptions may be appealed to the King County
superior court in accordance with the procedures in RCW 34.05.510 through 34.05.598, as provided in
RCW 84.14.110(2), within 30 days after issuance of the decision of the hearing examiner. (Ord. No. 90-
43, S 2(150.130), 2-27-90; Ord. No. 92-133, S 3(150.130),4-21-92; Ord. No. 97-291, S 3,4-1-97)
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SECTION 104. Chapter 22, Article VII, Section 22-457, of the Federal Way City Code is hereby
repealed as follows:
22 457 Lapse of approyal Cenerally.
The applicant must begin construction or submit to the city a eomplete building permit application for
thc development acti';ity, use of land or other actions approved under this article within one year after tHe
final decision on the matter, or the decision becomes ';oid. The applicant must substantially complete
construction for the development activity, use of land, or other actions appro';ed under this article and
complete the applicable conditions listed in the decision within five years after the final decision of the
city on the matter, or the decision becomes void. If litigation is initiated pursuant to FWCC 22 156, the
time limit of this section arc automatically extended by the length of time between the commencement
and final termination of that litigation. If the development activity, use of land, or other actions approved
under this article includes phased construction, the time limits of this section may be extended in the
decision on the application. (Ord. No. 90 13, ~ 2(150.135(1 )), 2 27 90; Ord. No. 92 133, ~ 3(150.135(1 )),
1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 105. Chapter 22, Article VII, Section 22-458, of the Federal Way City Code is hereby
repealed as follows:
22 458 Lapse of approval Time extension.
(a) "^.pplication. Prior to the lapse of appro';al under FWCC 22 157, the applicants may submit a
written application in the form of a letter '/lith supporting documentation to the department of community
deyelopment services requesting a one time extension of those time limits of up to one year.
(b) Criteria. The request must demonstrate that the applicant is making substantial progress on the
development activity, use of land or other actions approyed under this article and that cireumstances
beyond tho applicant's control prevent compliance with the time limits ofFWCC 22 157.
(c) Fcc. The applicant shall include, with the letter of request, the fee as established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(d) Review process. "^.n application for a time extension will be reviewed and decided upon by the
director of community development services.
(c) /.ppeals. Any person who is aggrieved by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating hO\v the
decision on the time extension effects the appellant's property and presenting any reklant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV, described in this article. "^.ny time limit, pursuant to Chapter 36.70B RCW, upon the city's
processing and decision upon applications under this chapter may, except as otherwise specifically stated
in this chapter, be modified by a written agreement between the applicant and the director of community
developmcnt services. (Ord. No. 90 13, ~ 2(150.135(2)),227 90; Ord. No. 92 133, ~ 3(150.135(2)), '1
21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 106. Chapter 22, Article VII, Section 22-459, of the Federal Way City Code is hereby
repealed as follows:
22 459 Bonds.
The hearing examiner and city council may require a bond under FWCC 22 116 to insure compliance
with any aspect of a permit or approval. (Ord. No. 90 13, ~ 2(150.110), 2 27 90; Ord. No. 92 133. ~
3(150.110),4 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
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SECTION 107. Chapter 22, Article VII, Section 22-460, of the Federal Way City Code is hereby
repealed as follows:
22 460 Complete eomplianee refJuired.
(a) Generally. Except as specified in subsection (b) of this section, the applicant must comply v/ith all
aspects, including conditions and restrictions, of an approval granted under this article in order to do
evef)1hing authorized by that approval.
(b) Exception Subsequent modification. If a specific use or site configuration f-or the subject
property was approved under this article or any quasi judicial process under a previous zoning code, the
applicant is not required to apply for and obtain approval through this article for a subsequent change in
use or site configuration unless:
(1) There is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; or
(2) The director of community de'/elopment ser/ices determines that there will be substantial
changes in the impacts on the ncighborhood or the city as a result of the change. (Ord. No. 9013, ~ 2
(150.115),22790; Ord. No. 92 133, ~ 3(150.115), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 108. Chapter 22, Article VIII, Section 22-476, of the Federal Way City Code shall be
amended to read as follows:
22-476 Process V 2enerallv. "A1dministratian.
Application for a quasi-iudicial rezones must be reviewed and decided upon under process V. This
article describes process V. Under process V, the hearing examiner will hold a public hearing and based
on the record of that hearing make a recommendation to city council, which will then decide upon the
application. (Ord. No. 97-291, S 3,4-1-97)
SECTION 109. Chapter 22, Article VIII, Section 22-477, of the Federal Way City Code shall be
amended to read as follows:
22-477 Types of rezones.
W There are two types of quasi-judicial rezones as follows:
(1) Non-project-re1ated. A quasi-judicial rezone will be treated as non-project-related if:
(a} The proposed rezone is initiated by the city and the subject property is not owned by the
city; or
(b} The proposed rezone is from one single-family residential zone classification to another
single-family residential zone classification.
(2) Project-related. A quasi-judicial rezone will be treated as project-related when it does not
meet the requirements of subsection W(1) of this section. All project related rezones require a specific
development proposal for the subject property. (Ord. No. 97-291, S 3,4-1-97)
SECTION 110. Chapter 22, Article VIII, Section 22-478, of the Federal Way City Code is hereby
repealed as follows:
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22 478 l\pplieatioHs.
(a) Who may apply. "^.ny person may, personally or through an agent, apply for a decision regarding
property he or she owns.
(b) How to apply. The applicant shall file the following information with the department of
community development services:
(1) /\ completed application, 'Nith supporting affidavits, on forms provided by the department of
community development services;
(2) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of
all current owners of real property, as shO'J/ll in the records of the county assessor for the subject property,
within 300 feet of each boundary of the subject property;
(3) f. copy of the county assessor's map identifying the properties specified in subsection (b )(2)
of this section;
(1) ;\ vicinity map showing the subject property with enough information to locate the property
within the larger arca;
(5) ;\ny information or material that is specified in the provision of this chapter that describes the
applicd for decision;
(6) /\11 information specified in F\VCC n..Jl; and
(7) l\ny additional information or material that the director of community development services
dctermines is reasonably necessary for a decision on the matter.
(c) Fce. 'Nith the application the applicant shall submit the fee cstablished by the city. The application
'.vill not be accepted unless it is accompanied by the required fee and meets the requirements of F\VCC
n..Jl and this section relating to what constitutes a complete application. (Ord. No. 97 291, ~ 3, 4 I 97;
Ord. No. 99 337, ~ 2,3 2 99; Ord. No. 00 375, ~ 16, 10 3 00)
SECTION lll. Chapter 22, Article VIII, Section 22-479, of the Federal Way City Code shall be
amended to read as follows:
22-479 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to the decisions that will be made using this article. The
director of community development services shall evaluate each application and, where applicable,
comply with the State Environmental Policy Act and with state regulations and city ordinances issued
under the authority of the State Environmental Policy Act. (Ord. No. 97-291, S 3,4-1-97)
SECTION 112. Chapter 22, Article VIII, Section 22-480, of the Federal Way City Code shall be
amended to read as follows:
22-480 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1) All application materials submitted by the applicant.
(2) The staff report.
(3) All written comments received on the matter.
(4) The electronic recording of the public hearing on the matter.
(5) The recommendation of the hearing examiner.
(6) The electronic sound recording and minutes of the city council proceedings on the matter.
(7) The decision of city council.
(8) Any other information relevant to the matter.
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(b) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development services during regular business hours. (Ord. No. 97-291, S 3,4-
1-97)
SECTION 113. Chapter 22, Article VIII, Section 22-481, of the Federal Way City Code shall be
amended to read as follows:
22-481 Notice.
(1) Content. The director of community de'/elopment services shall, 'v'lithin 11 days of issuing a letter
of completeness on the proposal, prepare a notice of application containing the following information:
(a) The name of the applicant and, if applicable, the project name.
(b) The date of application, the date of the notice of completion for the application, and the date
ef the notice of application.
(c) The street address of the subject property or, if this is not available, a description of the
location of the property in non-legal language. Except for notice published in a newspaper of general
circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(d) A brief description of the requested decision, including a citation to the provision of this
chapter governing the request, a list of the project permits included in the application and, if applicable, a
list of any studies requested under RCW 36.70A.440. To the extent known by the city, the notice shall
include any other permits which are not included in the application.
(e) The date, time, and place of the public hearing.
(1) A statement of the availability of the official file.
(g) A statement of the right of any person to submit written or oral comments to the hearing
examiner regarding the application.
(h) The identification of existing environmental documents that evaluate the proposed project and
the location where the application and any studies can be reviewed.
(i) A statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation.
(2) Distribution. The director of community development services shall distribute this notice at least
14 calendar days before the public hearing as follows:
(a) A copy will be sent to the persons receiving the property tax statements for all property within
300 feet of each boundary of the subject property.
(b) A copy will be published in the newspaper of general circulation in the city.
(c) A copy will be posted on each of the official notification boards of the city.
(3) Public notification sign. The applicant shall erect at least one public notification sign which
complies with standards developed by the department of community development services at least 10
calendar days before the public hearing. This sign shall be located on or near the subject property facing
the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject
property. The director of community development services may require the placement of additional public
notice signs on or near the subject property if he or she determines that this is appropriate to provide
notice to the public. The sign shall be removed within seven calendar days after the final decision of the
city on the matter.
(1) Timing. Thc public notification sign or signs must be in place at least 10 calendar days befDre the
public hearing and rcmo';ed within seven calendar days after the final decision of the city on the matter.
(Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-337, S 2, 3-2-99)
SECTION 114. Chapter 22, Article VIII, Section 22-482, of the Federal Way City Code shall be
amended to read as follows:
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22-482 Staff report.
(a) Contents. The director of community development services shall prepare a staff report containing
the following information:
(1) All pertinent application materials.
(2) All comments regarding the matter received by the department of community development
services prior to distribution of the staff report.
(3) An analysis of the application under the relevant provisions of. this chapter and the
comprehensive plan.
(4) A statement of the facts found by the director of community development services and the
conclusions drawn from those facts.
(5) A recommendation on the matter.
(b) Distribution. At least seven calendar days before the hearing, the director of community
development services shall distribute the staff report to the following people: the hearing examiner, the
applicant or appellant, and to any person who specifically requested it, as follo'Ns:
(1) "^'- copy '.vill be sent to the hearing examiner.
(2) "A. copy will be sent to the applicant.
(3) ,^,- copy will be sent to each person ','Iho has specifically requested it. (Ord. No. 97-291, S 3,4-
1-97)
SECTION 115. Chapter 22, Article VIII, Section 22-483, of the Federal Way City Code shall be
amended to read as follows:
22-483 Open record hearing.
(aD Generally. General. The hearing examiner shall hold an open record hearing on each application
that is open to the public. The hearing examiner shall make a complete electronic sound recording of each
public hearing.
(b) Open to public. The hearings of the hearing examiner arc open to the publie.
(2) Participation. Any person may participate in the hearing under this process in either or both of the
following ways:
(a) By submitting written comments to the hearing examiner, either by delivering these comments
to the department prior to the hearing or by giving these directly to the hearing examiner at the hearing.
(b) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing.
(3) Continuation. The hearing examiner may continue the hearing if, for any reason, he or she is
unable to hear all of the public comments on the matter or if the hearing examiner determines that he or
she needs more information on the matter. If, during the hearing, the hearing examiner announces the
time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing
room, no further notice of that hearing need be given.
(e1) Effect. The hearing of the hearing examiner is the hearing for city council on the application.
(Ord. No. 97-291, S 3,4-1-97)
SECTION 116. Chapter 22, Article VIII, Section 22-484, of the Federal Way City Code is hereby
repealed as follows:
22 484 Eleetronie sOHnd reeonling.
The hearing examiner shall make a complete electronic sound recording of each public hearing. (Ord.
No.9729l,~3,1197)
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SECTION 117. Chapter 22, Article VIII, Section 22-485, of the Federal Way City Code shall be
amended to read as follows:
22-485 Burden of proof.
The applicant has the responsibility of convincing persuading the eity hearing examiner ~
preponderance of the evidence that, under the provision of this article, the applicant is entitled to the
requested decision. The hearing examiner shall give great deference to the agency's interpretation of its
own properly promulgated regulations or matters within its expertise. The hearing examiner may take
notice of:
(1 ) Any judicially cognizable facts;
(2) Technical or scientific facts within the agency's specialized knowledge; and
(3) Codes or standards that have been adopted by an agency of the United States, of this state or
of another state, or by a nationally recognized organization or association. (Ord. No. 97-291, S 3,4-1-97)
SECTION 118. Chapter 22, Article VIII, Section 22-486, of the Federal Way City Code is hereby
repealed as follows:
22 486 PlIblie eomments and partieif)ation at the hearing.
j\ny person may participate in the public hearing in either or both of the following ways:
(1) By submitting written comments to the hearing examiner, either by dclivering these comments
to the department of community development services prior to the hearing or by gi'ling these directly to
the hearing examiner at the hearing.
(2) By appcaring in person, or through a representati'le, at the hearing and making oral comments
directly to the hcaring examiner. The hearing examiner may reasonably limit the mctent of oral comments
to facilitate the orderly and timely conduct of the hearing. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 119. Chapter 22, Article VIII, Section 22-487, of the Federal Way City Code is hereby
repealed as follows:
22 487 Continuation of the hearing.
The hearing examiner may continue the hearing if, for any reason, he or shc is unable to hear all of
the public comments on the matter or if the hearing examiner determines that he or she needs more
information on the matter. If, during the hearing, the hearing examiner announces the time and place of
the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further
notice of that hearing need be given. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 120. Chapter 22, Article VIII, Section 22-488, of the Federal Way City Code shall be
amended to read as follows:
22-488 Recommendation by the hearing examiner.
(aD Generally. After considering all of the information and comments submitted on the matter, the
hearing examiner shall issue a written recommendation to the city council.
(e2) Timing. Unless a longer period is agreed to by the applicant, the hearing examiner must issue the
recommendation within 10 working days after the close of the public hearing.
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(eJ) Decisional criteria. The hearing examiner shall use the following criteria for quasi-judicial
rezones:
(+f!) The city may approve an application for a quasi-judicial nonproject rezone only if it finds
that:
(i)a-;- The proposed rezone is in the best interest of the residents of the city; and
@lr. The proposed rezone is appropriate because either:
{A}-h Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning and that, under those changed conditions, a
rezone is within the public interest; or
D.ll~ The rezone will correct a zone classification or zone boundary that was
inappropriate when established;
(iii)€-; It is consistent with the comprehensive plan;
(iv)th It is consistent with all applicable provisions of the chapter, including those adopted by
reference from the comprehensive plan; and
(y}~ It is consistent with the public health, safety, and welfare.
(;?;l!) The city may approve an application for a quasi-judicial project related rezone only if it finds
that:
ill&.- The criteria in subsection (eJ)(+f!) of this section are met; and
@lr. The proposed project complies with this chapter in all respects; and
(iii)e-: The site plan of the proposed project is designed to minimize all adverse impacts on the
developed properties in the immediate vicinity of the subject property; and
(iv)th The site plan is designed to minimize impacts upon the public services and utilities; and
(y}~ The rezone has merit and value for the community as a whole.
(~) Conditions and restrictions. The hearing examiner shall include in the written recommendation
any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or
minimize any undesirable effects of granting the requested rezone.
(e2) Contents. The hearing examiner shall include the following in the written recommendation to
city council:
(+f!) A statement of facts presented to the hearing examiner that supports his or her
recommendation, including any conditions and restrictions that are recommended.
(;?;l!) A statement of the hearing examiner's conclusions based on those facts.
(:3-~) A statement of the criteria used by the hearing examiner in making the recommendation.
(4Q) The date of issuance of the recommendation.
(fQ) Distribution of written recommendation. The director of community development services shall
distribute copies of the recommendation ofthe hearing examiner as follows:
(-l-f!) After the hearing examiner's written recommendation is issued, a copy will be sent to the
applicant, to each person who submitted written or oral testimony to the hearing examiner, and to each
person who specifically requested it.
(;?;l!) Prior to the meeting where city council considers the application, a copy will be sent to each
member of city council. The director of community de'lclopment services shall include a draft resolution
or ordinance that embodies the hearing examiner's recommendation with the copy of the recommendation
sent to each city council member. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-337, S 2, 3-2-99; Ord. No.
02-424, S 3, 9-17-02)
SECTION 121. Chapter 22, Article VIII, Section 22-489, of the Federal Way City Code shall be
amended to read as follows:
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22-489 City council action.
(aD Generally. The city council shall consider the application at a scheduled meeting within 90
calendar days of the date of issuance of the hearing examiner's recommendation. This time period may be
extended upon written agreement of the director of community development services and the applicant.
Calculation of this time period shall not include any time necessary for a reopening of the hearing before
the hearing examiner under subsection (c) of this section.
(132) Supplemental distribution. The director of community development services shall promptly send
to each city council member any etflef relevant information not previously distributed to council
members.
(eJ) Scope of review. The city council review of the rezone application shall be limited to:
U!l The record of the hearing before the hearing examiner;
{Q} Oral comments received during the public meeting (so long as those comments that do not
raise new issues or introduce information not contained in the examiner's record), flfld
(0 The hearing examiner's written report~~
(d) Evidence within the scope of the appeal that was not presented to or considered by the hearing
examiner. but only if:
i. At the time of the hearing examiner's decision the party offering the evidence did not know
of the evidence. was under no duty to discover the evidence, and could not have reasonably discovered
the evidence; or
ii. The hearing examiner improperly excluded or omitted the evidence from the record.
These materials shall be re';iewed for compliance with revie'.v criteria set forth in FWCC 20 125. +he
city council may also receiyc and rcvicvl ncw evidence or information not contained in the record of
hearing before the hearing examiner, but only if that evidence or information: (1) relates to the ';alidity of
the hearing examiner's decision at the time it was made and the party offering the nevI evidence did not
Imow and was under no duty to discover or could not reasonably have discovered the e'/idence until after
the hearing examiner's decision; or (2) the hearing examiner improperly excluded or omitted the e';idenee
from the record.
(4) Remand. If the city council concludes, based upon a challenge to the hearing examiner
recommendation or upon its own review of the recommendation, that the record compiled by the hearing
examiner is incomplete or inadequate to allow the city council to make a decision on the application, the
city council may, by motion, remand the matter to the hearing examiner with the direction to reopen the
hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the
motion.
(d~) City council decision. After consideration of the entire matter using the criteria listed in FWCC
22-488, and upon approval by a maiority of the total membership. the city council shall, by action
approved by a majority of the total membership, take one of the following actions:
(+!!) Project-related rezone. The city council has the option to:
ai. Grant the application as proposed; or modify and grant the application. In either case, it
shall give effect to this decision by adopting a resolution of intent to rezone.
en. Deny the application. The city council shall give effect to this decision a denial by
adopting a resolution pursuant to subsection (g) of this section.
(;?;l!) Nonproject rezone. The city council has the option to:
ai. Approve the application, or modify and approve the application. In either case, it shall
give effect to this decision by adopting an ordinance amending the zoning map of the city.
en. Deny the application. The city council shall give effect to this decision a denial by
adopting a resolution pocsuant to subsection (g) of this section.
(c) Decisional criteria. The city council shall use the criteria listed in FWCC 22 188(c).
(f~) Conditions and restrictions. The city council shall include in the ordinance or resolution
granting the rezone any conditions and restrictions it determines are necessary to eliminate or minimize
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any undesirable effects of granting the rezone. Any conditions and restrictions that are imposed become
part of the decision.
(gd) Findings of fact and conclusions. The city council shall include in the ordinance or
resolution:
L fl-:) A statement of the facts that support the decision, including any conditions and
restrictions that are imposed; and
ii. ~ The city council's conclusions based on those facts.
(l~~) Effect. The decision of city council on an application for either a non project or project
related rezone is the final decision of the city. (Ord. No. 97-291, S 3, 4-1-97)
SECTION 122. Chapter 22, Article VIII, Section 22-490, of the Federal Way City Code shall be
amended to read as follows:
22-490 Notice of final decision.
(a) General. Following the final decision by the city council, the director of community development
services shall prepare a notice of the city's final decision on the application.
(b) Distribution. After the city council's decision is made, the director of community de'lelopment
services shall distribute a copy of the notice of the final decision as follows:
(1) A copy will be mailed to the applicant.
(2) A copy will be mailed to any person who submitted written or oral comments to the hearing
exammer.
(3) A copy will be mailed to each person who has specifically requested it.
(4) A copy will be mailed to the King County assessor. (Ord.No. 97-291, S 3,4-1-97)
SECTION 123. Chapter 22, Article VIII, Section 22-491, of the Federal Way City Code shall be
amended to read as follows:
22-491 Effect of city council approval of project-related rezone.
(a) Effect on the applicant. The applicant may, subject to all applicable codes and ordinances, develop
the subject property in conformity with the resolution of intent to rezone and the site plan approved as
part of that resolution.
(b) Effect on the city. If the applicant completes development of the subject property in conformity
with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall
give effect to the rezone by adopting an ordinance that makes the zone boundary or classification change
to the zoning map approved in the resolution of intent to rezone.
(c) Activity after notice. The applicant may not engage in any activity based on the decision until the
third working day after the notice of the final decision is distributed under FWCC 22-490.
(d) Nonproject rezone. If thc city council approves a quasi judicial nonproject rezone it will give
effect to this decision by adopting an ordinance amending the zoning map of the city. (Ord. No. 97-291, S
3,4-1-97)
SECTION 124. Chapter 22, Article VIII, Section 22-492, of the Federal Way City Code shall be
amended to read as follows:
22-492 Modifications.
(a) Minor modifications. Subsequent to the adoption of the resolution of intent to rezone, the
applicant may apply for a minor modification to the site plan approved as part of that resolution. The city
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will use process III described in F\YCC ~J]Q through 22 '111 to review and decide upon an application
for a minor modification. The city may approve a minor modification only if it finds that:
(1) The change will not result in reducing the landscaped area, buffer areas, or the amount of
open space on the project;
(2) The change will not result in increasing the residential density or gross floor area of the
project;
(3) The change will not result in any structure, or vehicular circulation or parking area being
moved more than 10 feet in any direction and will not reduce any required yard;
(4) The change will not result in any increase in height of any structure;
(5) The change will not result in a change in the location of any access point to the project; and
(6) The change will not increase any adverse impacts or undesirable effects of the project and that
the change in no way significantly alters the project. (Ord. No. 97-291, S 3,4-1-97)
SECTION 125. Chapter 22, Article VIII, Section 22-493, of the Federal Way City Code shall be
amended to read as follows:
22-493 Major modifications.
If the applicant seeks a modification to the approved site plan that does not meet all of the
requirements of this section, the applicant may do so by submitting the application material required for a
new quasi-judicial project-related rezone. The city will process and decide upon this application as if it
were an application for a new quasi-judicial project-related rezone. (Ord. No. 97-291, S 3,4-1-97)
SECTION 126. Chapter 22, Article VIII, Section 22-494, of the Federal Way City Code shall be
amended to read as follows:
22-494 Judicia) review.
The final decision aetiefl of the city in granting or denying an application under this article may be
reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition shall be
filed within 21 calendar days of the issuance of the final land use decision of the city. (Ord. No. 97-291, S
3, 4-1-97)
SECTION 127. Chapter 22, Article VIII, Section 22-495, of the Federal Way City Code is hereby
repealed as follows:
22 495 Lapse of approval.
The applicant must begin construction, or submit to the city a complete building permit application
for the development activity, use of land, or other actions approved under this article within one year after
the final decision on the matter, or the decision becomes void, pro'/ided the city council may, in the
resolution of intent to rezone, extend the time limits contained herein. The applicant must substantially
complete construction for thc dcvelopment activity, use of land, or other actions approved under this
article and complete the applicable conditions listed in the decision '.vithin five years after the final
decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to this
article, the time limits of this section arc automatically extended by the length of time bet'.veen the
commencement and final termination of that litigation. If the development acti';ity, use of land, or other
action approved under this article includes phased construction, the time limits of this subsection may be
cxtended in the decision on the application. (Ord. No. 97 291, ~ 3, 1 1 97)
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SECTION 128. Chapter 22, Article VIII, Section 22-496, of the Federal Way City Code is hereby
repealed as follows:
22 496 Time extension.
(a) "^.pplication. Prior to the lapse of approval for a project related rezone under FWCC 22 495, the
applicant may submit a '.witten application in the form of a letter 'lIith supporting documentation to the
department of community deyclopment services requesting a one time extension of those time limits of
up to one ycar.
(b) Criteria. The request must demonstrate that the applicant is making substantial progress on the
development activity, use of land, or other actions approved under this article and that circumstances
beyond the applicant's control prevent compliance ,...;ith the time limits ofFWCC 22 495.
(c) Fee. The applicant shall include, with the letter of request, the fee as established by the city. The
application will not be acceptcd unless it is accompanied by the required fee.
(d) Review process. l\n application for a time extension will be reviewed and decided upon by the
director of community development services.
(c) "\ppeals. "^.ny person who is aggrie';ed by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating how the
decision on the time extension effects the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV, described in FWCC 22 176 et seq. f.ny time limit, pUi'suant to Chapter 36.70B RCW, upon
the city's processing and decision upon applications under this article may, except as othefwise
specifically stated in this chapter, be modified by a written agreement between the applicant and the
director of community devclopment services. (Ord. No. 97 291, ~ 3, 4 1 97)
SECTION 129. Chapter 22, Article VIII, Section 22-497, of the Federal Way City Code is hereby
repealed as follows:
22 497 Bands.
The city may require a bond under F\VCC 22 116 et seq. to ensure compliance with any aspect of the
permit or approval. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 130. Chapter 22, Article VIII, Section 22-498, of the Federal Way City Code is hereby
repealed as follows:
22 498 Complete eomplillHee required.
(a) General. Except as specified in subsection (b) of this section, the applicant must comply with all
aspects, including conditions and restrictions, of an approval granted under this article in order to do
everything authorized by that appro'tal.
(b) Exception Subsequent modification. If a specific use or site plan for the subject property vias
approyed under this article, or any quasi judicial process under a previous zoning code, the applicant is
not rcquired to apply for and obtain approval through this article for a subsequent change in a use or site
plan unless:
(1) There is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; Of
(2) The director of community development services determines that thefe will be substantial
changes in thc impacts on the neighborhood or the cit)' as a result of the change. (Ord. No. 97 291, ~ 3, 4
-l-9f1
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SECTION 131. Chapter 22, Article IX, Section 22-516, of the Federal Way City Code shall be
amended to read as follows:
22-516 Purpose.
Various places in this chapter indicate that certain proposals to amend the zoning map through a
legislative rezone, amend the text of this chapter development regulations, or amend the comprehensive
plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No.
99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 132. Chapter 22, Article IX, Section 22-517, of the Federal Way City Code shall be
amended to read as follows:
22-517 Initiation of proposals.
A proposal that will be reviewed using this article may be initiated by the city council, eF !! council
committee, or requested by the planning commission, city staff, or any interested person, including
applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 99-337, S 2, 3-2-99; Ord.
No. 02-426, S 3,10-15-02)
SECTION 133. Chapter 22, Article IX, Section 22-518, of the Federal Way City Code shall be
amended to read as follows:
22-518 Docket.
The department of community dcvelopment services shall maintain a docket of all proposals to
amend changes to the comprehensive plan or development regulations and proposed submitted by any
interested persons, (including development applicants, citizens, hearing examiners, and/or other agencies
and staff). (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 134. Chapter 22, Article IX, Section 22-519, of the Federal Way City Code shall be
amended to read as follows:
22-519 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall evaluate each proposal and, where
applicable, comply with the State Environmental Policy Act and with state regulations and city
ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, S 2, 3-2-99;
Ord. No. 02-426, S 3, 10-15-02)
SECTION 135. Chapter 22, Article IX, Section 22-520, of the Federal Way City Code shall be
amended to read as follows:
22-520 City council review.
Will Docketed amendment requests proposals. The city council shall review all requests docketed
proposals with the department of community development services concurrently, on an annual basis and
consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review all requests
Ordinance No
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docketed proposals received prior to September 30th of the calendar year. Requests Docketed proposals
submitted after September 30th shall be considered during the following annual review.
(bjill Other amendments. The city council shall review city-initiated changes to the text amendments
of the comprehensive plan shall be reviewed concurrently with docketed amendment requests proposals.
The city council may also review or amend the comprehensive plan: whenever an emergency exists, to
resolve an appeal of the comprehensiye plan or amendments thereto, or in other circumstances as
pro';ided for by RCW 36.70.^..130(2)(a).
(a) If an emergency exists, which is defined as an issue of community-wide significance that
promotes the public health, safety. and general welfare;
(b) To resolve an appeal of a comprehensive plan filed with a growth management hearings board
or with the court;
(c) To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58
RCW;
(d) The initial adoption of a subarea plan that does not modify the comprehensive plan policies
and designations applicable to the subarea;
( e) The amendment of the capital facilities element of the comprehensive plan that occurs
concurrently with the adoption or amendment of the city budget. The city council will hold the public
hearing on this matter rather than the planning commission; and
(f) In other circumstances as provided for by RCW 36.70A.130(2)(a).
The city council may alse review city-initiated changes to the text of this ehapter development
regulations or to the city's zoning map from time to time concurrently with the docketed proposals or at
the council's discretion.
fe:tQ} Additional information. The city council may request, through the city manager, that the
department of community development services or any other department of the city provide any
information or material on the !! proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, S 2, 3-2-
99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 136. Chapter 22, Article IX, Section 22-521, of the Federal Way City Code shall be
amended to read as follows:
22-521 Timing of filing - Notice.
Sixty days prior to September 30th in each calendar year, the city shall notify all persons who
submitted docket forms after September 30th of the previous calendar year. Notice shall also be given as
follows:
(1) Public notice notifying the public that the amendment process has begun shall be published in
the city's official newspaper.
(2) Notice shall be posted on the official city public notice boards.
(3) A copy of the notice shall be mailed to other local newspapers.
(4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in
the judgment of the director of community development services may be directly affected by changes to
the comprehensive plan or development regulations shall be sent a copy of the notice. In determining who
may be affected by changes to the comprehensive plan or development regulations, the director may rely
on written correspondence indicating an interest and received after September 30th of the previous year.
(Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 137. Chapter 22, Article IX, Section 22-522, of the Federal Way City Code shall be
amended to read as follows:
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22-522 Application.
(a) Who may apply. Any person may, personally or through an agent, apply for a site-specific
comprehensive plan designation change with respect to property he or she owns. In addition, any person
may, personally or through an agent, request amendments to changes to the text of the comprehensive
plan or development regulations codified in this ehapter.
(b) How to apply. An applicant must complete an application form prepared by the city. An applicant
seeking a change in comprehensive plan designation and zoning for a specific parcel shall also file the
information specified in FWCC 22 478 32.5 with the department of eommunity development services.
(c) The director of community development services shall have the authority to waive any of the
requirements of this section, if in the director's discretion, such information is not relevant or would not
be useful to consideration of the proposed amendment.
(d) Fee. There is no fee for this initial application. After the prioritization process, applications to be
considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, S
2,3-2-99; Ord. No. 02-426, S 3,10-15-02)
SECTION 138. Chapter 22, Article IX, Section 22-523, of the Federal Way City Code shall be
amended to read as follows:
22-523 Criteria for prioritizing plan requests Prioritizin2 docketed proposals.
(a) After September 30th but prior to adopting any docketed proposals amendment requests, the city
council shall hold a public hearing and select those docketed proposals requests it wishes to further
consider for adoption and for staff to research further.
(b) The city council shall consider the following criteria following a public hearing in selecting the
docketed proposals comprehensive plan amendments or development regulations to be considered during
the upcoming cycle:
(1) Whether the same area or issue was studied during the last amendment process and conditions
have significantly changed so as to make the requested change within the public interest.
(2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan.
(3) Whether the proposed amendment meets existing state and local laws, including the Growth
Management Act.
(4) In the case of text amendments or other amendments to goals and policies, whether the request
benefits the city as a whole versus a selected group.
(c) If the request meets the criteria set forth in subsections (b)(1) through (.b)( 4) of this section, it shall
be further evaluated according to the following criteria:
(1) Whether the proposed amendment can be incorporated into planned or active projects.
(2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study
is required, a request may have to be delayed until the following year due to work loads, staffing levels,
etc.
(3) Volume of requests received. A large volume of requests may necessitate that some requests
be reviewed in a subsequent year.
(4) Order of requests received.
(d) Based on its review of the docketed proposals requests according to the criteria in subsections (b)
and (c) of this section, the council shall determine which docketed proposals requests shall be further
considered for adoption, and shall forward those requests to the planning commission for its review and
recommendation.
( e) The council's decision to consider a docketed proposal proposed amendment shall not constitute a
decision or recommendation that the proposal proposed amendment should be adopted nor does it
preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, S 2, 3-2-
99; Ord. No. 02-426, S 3, 10-15-02)
Ordinance No
Page 59 of68
SECTION 139. Chapter 22, Article IX, Section 22-528, of the Federal Way City Code shall be
amended to read as follows:
22-528 Zoning text Development re2ulation amendment criteria.
The city may amend the text of this chapter development regulations only if it finds that:
(1) The proposed amendment is consistent with the applicable provisions of the comprehensive
plan;
(2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and
(3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337,
~ 2, 3-2-99; Ord. No. 02-426, ~ 3, 10-15-02)
SECTION 140. Chapter 22, Article IX, Section 22-531, of the Federal Way City Code shall be
amended to read as follows:
22-531 Official file.
(a) Contents. The director of community development services shall compile an official file
containing all information and materials relevant to the proposal and to the city's consideration of the
proposal.
(b) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development during regular business hours. (Ord. No. 99-337, S 2, 3-2-99;
Ord. No. 02-426, S 3, 10-15-02)
SECTION 141 Chapter 22, Article IX, Section 22-532, of the Federal Way City Code shall be
amended to read as follows:
22-532 Notice.
Notice provisions under this section shall be followed for both the public hearing during which all
docketed proposals requests for changes to the comprehensi,,'e plan map designation, zoning map, text of
the comprehensive plan, and text of the de','elopment regulations are prioritized by the city council, as
well as the public hearing held by the planning commission.
(1) Contents. The director of community development services shall prepare a notice of each
proposal, for which a public hearing will be held, containing the following information:
a. The citation, if any, of the provision that would be changed by the proposal along with a
brief description of that provision.
b. A statement of how the proposal would change the affected provision.
c. A statement of what areas, comprehensive plan designations, zones, or locations will be
directly affected or changed by the proposal.
d. The date, time, and place of the public hearing.
e. A statement of the availability of the official file.
f. A statement of the right of any person to submit written comments to the planning
commission and to appear at the public hearing of the planning commission to give comments orally.
(2) Distribution. The director of community de','elopment services shall distribute this notice at
least 14 calendar days before the public hearing following the procedures of FWCC 22-521. In addition,
the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of
adjacent property owners posting of the site. (Ord. No. 99-337, * 2,3-2-99; Ord. No. 02-426, * 3, 10-15-02)
Ordinance No
Page 60 of 68
SECTION 142. Chapter 22, Article IX, Section 22-533, of the Federal Way City Code shall be
amended to read as follows:
22-533 Staff report.
(a) General. The director of community dcvelopment services shall prepare a staff report containing:
(1) An analysis of the proposal and a recommendation on the proposal; and
(2) Any other information the director of community dcvelopment services determines is
necessary for consideration of the proposal, consistent with FWCC 22-526, 22-528, 22-529, and 22-530.
For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply.
(b) Distribution. The director of community development services shall distribute the staff report as
follows:
(1) A copy will be sent to each member of the planning commission prior to the hearing.
(2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, 9 2, 3-2-99; Ord.
No. 02-426, S 3, 10-15-02)
SECTION 143. Chapter 22, Article IX, Section 22-534, of the Federal Way City Code shall be
amended to read as follows:
22-534 Public hearing.
(a) Generally. The planning commission shall hold public hearings on each proposal, consistent with
FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case
planning commission review pursuant to this article shall not be required.
(b) Open to public. The hearings of the planning commission are open to the public.
(c) Pursuant to FWCC 22-1674, when a development agreement and plan have been prepared, the city
council shall hold a public hearing.
(d) Effect. Except as provided in subsections (a) and (c) of this section, the hearing of the planning
commission is the hearing for city council. City council need not hold another hearing on the proposal.
(Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3,10-15-02)
SECTION 144. Chapter 22, Article IX, Section 22-535, of the Federal Way City Code shall be
amended to read as follows:
22-535 Material to be considered.
(a) Generally. Except as specified in subsections (b), (c), and (d) of this section, the planning
commission and city council may consider any pertinent information or materials in reviewing and
deciding upon a proposal under this article.
(b) Exclusion. Except as specified in subsections (c) and (d) of this section, the city may not consider
a specific site plan or project in reviewing and deciding upon a proposal under this process.
(c) In the case of development agreements, the director of community development services may
require the applicant to submit any additional information or material that is reasonably necessary for a
decision on the matter, including a site development plan associated with a site-specific request.
(d) Exception for environment information. If a proposal that will be decided upon using this article is
part of a specific project, the city may consider all information pertaining to SEPA environmental review
and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, 9 2, 3-2-99; Ord.
No. 02-426, S 3, 10-15-02)
Ordinance No
Page 61 of68
SECTION 145. Chapter 22, Article IX, Section 22-537, of the Federal Way City Code shall be
amended to read as follows:
22-537 Public comment and participation at the hearing.
Any interested person may participate in the public hearing in either or both of the following ways:
(1) By submitting written comments to the planning commission either by delivering these
comments to the department of community development services prior to the hearing or by giving them
directly to the planning commission at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments.
The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and
timely conduct of the hearing. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 146. Chapter 22, Article IX, Section 22-539, of the Federal Way City Code shall be
amended to read as follows:
22-539 Planning commission - Recommendation.
(a) Generally. Following the public hearing, the planning commission shall consider the proposal in
light of the decisional criteria in FWCC 22-526,22-528,22-529,22-530, and 22-488(c), and take one of
the following actions:
(1) If the planning commission determines that the proposal should be adopted, it may, by a
majority vote of the entire membership, recommend that city council adopt the proposal.
(2) If the planning commission determines that the proposal should not be adopted, it may, by a
majority vote ofthe members present, recommend that city council not adopt the proposal.
(3) Ifthe planning commission is unable to take either of the actions specified in subsection (a)( 1)
or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning
commission makes no recommendation.
(b) Modification of proposal. The planning commission may modify the proposal in any way and to
any degree prior to recommending the proposal to city council for adoption. If the planning commission
fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the
modified proposal as modified prior to recommending the proposal to city council for action. A proposal
is not fundamentally modified if:
(1) An environmental impact statement has been prepared under chapter 43.21C RCW for the
proposal and the proposed change is within the range of alternatives considered in the environmental
impact statement;
(2) The proposed change is within the scope of the alternatives available for public comment; or
(3) The proposed change only corrects typographical errors, corrects cross-references, makes
address or name changes, or clarifies language of a proposal without changing its effect. (Ord. No. 99-
337, S 2, 3-2-99; Ord. No. 02-426, S 3,10-15-02)
SECTION 147. Chapter 22, Article IX, Section 22-540, of the Federal Way City Code shall be
amended to read as follows:
22-540 Planning commission - Report to city council.
(a) Generally. The director of community devclopmcnt services shall prepare a planning commission
report on the proposal containing a copy of the proposal, along with any explanatory information, and the
planning commission recommendation, if any, on the proposal.
Ordinance No
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(b) Transmittal to city council. The director of community de'/elopment services shall transmit the
planning commission report to the city manager for consideration by city council.
(c) Distribution. The director of community devclopmcnt services shall promptly send a copy of the
planning commission report to any person requesting it. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426,
S 3,10-15-02)
SECTION 148. Chapter 22, Article IX, Section 22-541, of the Federal Way City Code shall be
amended to read as follows:
22-541 City council action.
(a) General. Within 6G 90 days of receipt of the planning commission report by the city manager, the
city council shall consider the proposal along with a draft ordinance prepared by the city attorney,
appropriate to enact or adopt the proposal.
(b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria
listed in the provisions of this chapter describing the proposal.
(c) City council action. After consideration of the planning commission report and, at its discretion,
holding its own public hearing on the proposal, the city council shall by majority vote of its total
membership:
(1) Approve the proposal by adopting an appropriate ordinance;
(2) Modify and approve the proposal by adopting an appropriate ordinance. If the council chooses
to modify an amendment to the comprehensive plan or a development regulation, and the change is
proposed after the opportunity for review and comment has passed, an opportunity for review and
comment on the proposed change shall be provided before council on the proposed change unless:
(i) An environmental impact statement has been prepared for the pending resolution or
ordinance and the proposed change is within the range of alternatives considered in the environmental
impact statement;
(ii) The proposed change is within the scope of the alternatives available for public comment;
(iii) The proposed change only corrects typographical errors, corrects cross-references, makes
address or name changes, or clarifies language of a proposed ordinance or resolution without changing its
effect;
(iv) The proposed change is to a resolution or ordinance making a capital budget decision that
is consistent with the comprehensive plan; or
(v) The proposed change is to a resolution or ordinance enacting a moratorium or interim
control and the council schedules a public hearing on the adopted moratorium or interim control within at
least 60 days of its adoption, and the council adopts findings of fact before or immediately after this
public hearing.
(3) Disapprove the proposal by resolution; or
(4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the
city council shall specify the time within which the planning commission shall report back to the city
council on the proposal.
(5) If the city council determines that a development agreement shall should be prepared for a
site-specific request, the city council shall recommend further analysis based on "^.rtiele /., Chapter 22,
Article XXI rChapter 19.85 FWRCl Development Agreements. (Ord. No. 99-337, S 2, 3-2-99; Ord. No.
02-426, S 3, 10-15-02)
SECTION 149. Chapter 22, Article IX, Section 22-543, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No
Page 63 of 68
22-543 Appeals.
The action of the city in granting, modifying or denying an amendment to a development regulation
this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth
Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, S 2, 3-2-99; Ord. No.
02-426, S 3, 10-15-02)
SECTION 150. Chapter 22, Article X, Section 22-548, of the Federal Way City Code shall be
amended to read as follows:
22-548 Process for deciding upon proposal.
(aD An application for a Class I temporary use shall be reviewed by the director of community
de';e1opment services, under process I using FWCC 22-550, who shall issue a written determination
approving, conditionally approving or denying the temporary use permit within 10 days after the date of
application; provided that the director may require an application to be decided under process III using
FWCC 22-550 when it is determined that the degree and scope of potential impacts of the proposal
warrant such review.
(b2) An application for a Class II temporary use shall be reviewed and decided upon using FWCC 22-
550, and process III, described in F'.VCC 22 386 et scq. (Ord. No. 90-43, S 2(127.10),2-27-90; Ord. No.
94-209, S 3, 3-15-94)
SECTION 151. Chapter 22, Article X, Section 22-549, of the Federal Way City Code shall be
amended to read as follows:
22-549 Application information.
W All applications for a temporary use permit shall be submitted prior to the requested date of
commencement of the temporary use and shall include:
(1) A completed application on the form provided by the department of community development
services, along with all information listed in that form; and
(2) An irrevocable, signed and notarized statement, by the property owner of record, granting the
city permission to summarily abate the temporary use and all physical evidence of that use if it is not
removed within the period specified in the permit, and agreeing to reimburse the city for any expenses
incurred by the city in abating the temporary use. If the permit is granted, this statement shall be recorded
with King County at the expense of the applicant and will run with the property throughout the term of
the permit, and shall be vacated at the termination of the use, as determined in the city's sole discretion.
(bJ) Class I temporary use applications shall also include such Such information necessary for the
director of community development services to evaluate the use pursuant to FWCC 22-550, Criteria for
issuance; and, if determined applicable pursuant to FWCC 22 517(a), shall include application materials
required in FWCC 22 386 et scq., Process III.
(e1) If the application is subject to a land use process. it shall include the appropriate materials for
that process. See FWCC 22-32.5. Class II temporary use applications shall include all of the foregoing
information as well as the application materials required in F'.VCC 22 386 et seq., Proeess III. (Ord. No.
90-43, S 2(127.15), 2-27-90; Ord. No. 94-209, S 3, 3-15-94)
SECTION 152. Chapter 22, Article XIII, Section 22-1047, of the Federal Way City Code shall be
amended to read as follows:
22-1047 Exceptions.
Ordinance No
Page 64 of 68
The following are excepted from modifications apply to the height limitations of this chapter:
(1) Unless otherwise provided in subsections (2) and (3) of this section:
(a) Rooftop appurtenances may exceed the applicable height limitation by a maximum of four
feet. if the area of all appurtenances and screening does not exceed 10 percent of the total area of the
building footprint. These appurtenances must be located in such a way as to minimize view blockage.
(b) Appurtenances that do not meet the standards of subsection (l)(a) of this section may be
permitted using process I if the director determines that, based on accurate graphic representations
provided by the applicant. views from adiacent properties will not be significantly affected.
(c) Any appurtenance, other than chimneys and antennas. must be screened from all streets
and nearby properties. See FWCC 22-960.
(+2) For detached dwelling units:
{a} Vents and chimneys may exceed the maximum height limit.
{b} Rod, wire, dish and other antennas, other than as specified in subsection (3) of this
section, may be placed above the maximum height if approved using process 1. The city ../ill approye the
application if:
illt-, Views across the subject property are not substantially impaired; and
ili};!-; The antenna must be placed above the roofline in order to function properly.
(2) Except as specified in subsections (1) and (2) of this section:
{a}. Rooftop appurtenances may exceed the applicable height limitation by a maximum of
four feet, if the area of all appurtenances and screening docs not exceed 10 percent of the total area of the
building footprint. These appurtenances must be located in such a '.Yay as to minimize view blockage.
{b}. "^.ppurtenances that do not meet the standards of subsection (2)(a) of this section may be
pcrmitted if the director of community de';elopment determines that, based on accurate graphic
representations provided by the applicant, views from adjacent properties will not be significantly
affected.
{c}. l\ny appurtcnance, other than chimneys and antennas, must be screened from all streets
and nearby properties. See FV/CC 22 960 for requirements pertaining to rooftop screening.
(3) A radio tower and antenna structure for use by a noncommercial, licensed amateur operator
may be approved through process III, if the city determines that:
{a} The radio tower and antenna structure is placed to minimize its visibility from adjoining
properties, while still permitting effective operation;
{b} The radio tower and antenna structure does not extend higher than reasonably necessary
to operate effectively; and
{c} The use of the antenna will not materially interfere with radio and television reception on
nearby properties.
In making its decision on the application, the city shall take into consideration the strong federal
interest in promoting amateur communications and the rules adopted by the Federal Communications
Commission regulating such facilities.
If the city approves the radio tower and antenna structure, it may impose limitations to mitigate or
eliminate any adverse impacts. This may include, but is not limited to, requiring the use of a telescoping
antenna, which would only be extended during limited periods when the antenna is in use. (Ord. No. 90-
43, S 2(115.60(2)), 2-27-90; Ord. No. 00-375, S 20, 10-3-00)
SECTION 153. Chapter 22, Article XIV, Section 22-1241, of the Federal Way City Code shall be
amended to read as follows:
22-1241 Administration.
ill Except as otherwise established in this article, if a proposed development actIVIty requires
approval through process I. II. III. or IV, this article will be implemented and enforced as part of that
Ordinance No
Page 65 of 68
process. thc city's rcvicw of any development activity on the subject property. If the development actiyity
requires approval through process I, II, III or IV, the provisions ofthis article will be implemented as part
of these processes.
(2) If subsection (1) of this section does not apply, any determination of the director of community
development may be appealed as provided for in process IV of Chapter 22 FWCC, Zoning. (Ord. No. 90-
43, S 2(80.30(1)), 2-27-90; Ord. No. 91-105, S 4(80.30(1)), 8-20-91; Ord. No. 91-123, S 3(80.30(1)),12-
17-91; Ord. No. 04-468, S 3, 11-16-04; Ord. No. 07-554, S 5(Exh. A(10)), 5-15-07)
SECTION 154. Chapter 22, Article XIV, Section 22-1245, of the Federal Way City Code is hereby
repealed as follows:
22 1245 Appeals of determination made under artiele.
"^.ny determination made by the director of community development under this article_may be
appealed using the procedures established for appeals of interpretations under FWCC 22 350. (Ord. No.
90 13, ~ 2(80.10),227 90; Ord. No. 91 105, ~ 1(80.10),82091; Ord. No. 91 123, ~ 3(80.10),12 17 91;
Ord. No. 01 168, ~ 3, 11 1601; Ord. No. 07 551, ~ 5(Exh. ,\(10)), 5 1507)
SECTION 155. Chapter 22, Article XV, Section 22-1397, of the Federal Way City Code shall be
amended to read as follows:
22-1397 Authority to grant.
(al) If the proposed development or use of eF-eft the subject property requires approval through
process I, II, III, or IV, any proposed modification will be considered as part of that process using the
criteria of this division.
(e2) If subsection (al) of this section does not apply, the director of community development may
require, grant. or deny grant or require a modification in writing under the provisions of this section. The
decision of the director to require, grant or deny a modification under this di'/ision may be appealed as
provided for in process IV of Chapter 22 FWCC, Zoning. using the appeal procedures of process III.
(Ord. No. 90-43, S 2(105.1l5(2)(a), (b)), 2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 97-296, S 3,6-
17-97; Ord. No. 07-554, S 5(Exh. A(1l)), 5-15-07)
SECTION 156. Chapter 22, Article XXI, Section 22-1669, of the Federal Way City Code shall be
amended to read as follows:
22-1669 Development plan.
Any development plan accompanying the development agreement shall be subject to process III
including community design guidelines requirements. notice requiremCllts of FWCC 22 392 through 2L
394. The application shall not be determined to be complete until a draft development agreement has been
prepared and a development plan conforming to the parameters of the development agreement and
meeting all pertinent requirements has been submitted. The development plan shall also be reviewed
pursuant to the community design guidelines requircments of FWCC 22 395 through 22 106 except that
an Any appeal of the hearing examiner's decision on the appeal of an administratiye a director's decision
on the community design guidelines shall be heard by the city emmcil based on the procedures of FWCC
2..L..:11.Q through 22 155 at the same time that the city council conducts a public hearing on the
development agreement and development plan pursuant to FWCC 22-1674. (Ord. No. 02-426, * 3,10-15-02)
Ordinance No
Page 66 of 68
SECTION 157. Chapter 22, Article XXI, Section 22-1674, of the Federal Way City Code shall be
amended to read as follows:
22-1674 Public hearing and city council action.
(a) Generally. The city council shall consider the application for approval of the development
agreement and development plan in a public hearing. If there are any appeals en-the of a hearing
examiner's decision of an appeal of a threshold determination~ or his or her decision on an appeal of!!
community design guidelines decision, or an appeal of the hearing examiner's decision on a process IV
request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1)
at the same time as the public hearing on the development agreement and development plan.
(b) City council decision on appeals. In making a decision on the appeals, the council shall follow the
procedures in process IV, efFWCC 22-451 through 22 15522-454.
(c) Scope of review of development agreement and development plans. The city council shall
consider the request for approval of the development agreement and plan based on the decisional criteria
listed in the provisions of this chapter describing the proposal.
(d) City council action. After consideration of the entire matter, and upon approval by a maiority of
the total membership. the city council shall, by action approved by a majority of the total membership,
take one of the following actions:
(1) The city council has the option to:
a. Grant the application as proposed; or modify and grant the application. In either case, it
shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive
plan designation and zoning based on the approved development agreement and development plan.
b. Deny the application. The city council shall give effect to a denial by adopting a resolution
pursuant to subsection (c) ofthis section.
c. Findings of fact and conclusions. The city council shall include in the ordinance or
resolution:
1. A statement of the facts that support the decision, including any conditions and
restrictions that are imposed; and
2. The city council's conclusions based on those facts.
(e) Effect. The decision of city council on an application for change in comprehensive plan
designation and zoning based on the approved development agreement and development plan is the final
decision of the city. (Ord. No. 02-426, S 3, 10-15-02)
SECTION 158. 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.
Ordinance No
Page 67 of 68
SECTION 159. 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 160. 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 161. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
SECTION 162. 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
,2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No Page 68 of 68
COUNCIL MEETING DATE: December 2nd, 2008
ITEM
7.j.
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
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: AARON
DEPUTY CITY ATTORNEY
DEPT: Law
Staff is finalizing the reorganization ofthe 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 apl]{ovah, of the Ordinance and forward to the full Council on
December 2nd. --tOY t\V't1\- Y~na\.-
2. Modify the proposed Ordinance and forJmJd to the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL: ~
./Tift) DIRECTORAPPROV.AL: ~ ~
~ Committee ~
Ccw\mi~ W\()Ver--tv ~y{, o(}h~YL/
COMMITTEE RECOMMENDATION:'~
~
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "] move to forward the ordinance to a second reading for enactment on the
January rJh consent agenda n.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
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 incorporate incoherent, unclear, or inadequate, the police chief may require the alarm business to
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, S 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 in
complianee with FWCC 22 1066 et seq. shall be the usual business registration fee.
(Ord. No. 91-86, S 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 obscenc as defiaea ia FWCC 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:
(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(D), 5-1-90; Ord. No. 95-241, ~ 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 Definitions.
For the purposes of this chapter, the following terms, v,'ords and phreses shall have the followiag
meanmgs:
(1) City meaas the city of Federal Way, Washington.
(2) City elerk means the city clerk of the city ofPederal Way, Washiagton.
(3) Convictiofl meaRS an adjudication or conyiction of guilt and occurs at sueh time as a plea of guilty
has been acceptea or a 'terdict of guilty has been filed, non'lith8tanding the pendeRcy ef tlfty future
proceediags including but not limited to seBteaeiag or aispositiofl, post trial or post fact finding motioRs,
and appeals. COlWiction also means a bail forf-eitl:lre and ineludes all instances iH whieh a plea of nolo
conteadere is the basis for the coavictioa and all proceedings ifl which the seBteRce has been aeferred or
suspeflded.
(4) Geaitals means geflitals, pubic area, anus, or perineum of an-y person, or the yulya or breasts of a
female.
. (5) Manager means any person 'lIho manages, directs, administers, or is in charge of, the affairs
and/or the conduct of any portion of any activity involyiRg massage practitioflers OCCUrriflg at any place
offcriag massage.
(6) Massage means the treatment of a human bod)' hy another by the external manipulatioR or
pressure of soft tissue. Massage includes rubbing, lrneading, touching, stroking, tappiRg or tmy ether
manipulations with or without the aids of superficial heat, cold, water, lubricants, or salts, ana iRcluding
the use of equipment, maehiRery or appliances.
(7) Massage busiaess means the operatiofl of a business providing massages.
(8) Massage praetitioner means a person engaged in the practice of massage. (Oro. No. 95 229, ~ 1,
3 21 95)
9 464 Business FegistFiltion.
Unless othenvise specified, the general business registratioR proyisions, contained in Cft~ter 2 FWCC,
shall apply to this license section. (Ord. No. 95 229, ~ 1,3 21 95)
9 465 Penalties.
(a) Crimiaal peflalty. ABy persoR violating any of the terms of this article shall he guilty of a
misdemeanor and UpOfl eOflviction tftereofbe pooisaed as proyided in FWCC 111.
(b) Ciyil penalty. In addition to any other penalty providea iR this sectioa or by law, any person '.vho
violates any pro';isioa of any business license ordinance shall he subject to a civil peRalty in an amount
not to exceed $250.00 per violation to be directly assessed by the city clerk. }i.ll ciyil penalties assessed
will be eaforced and collected with the procedure specified I:lflaer this article. (Ord. No. 95 229, ~ 1,3 21
%1
9 466 Additional enforeement.
NotwithstandiRg the existeRee or l:lse of afty other remedy, the city may seck legal or eElHitable relief to
eajoiR any aets or praetices which constiMe or will cORstiMe a yiolation of afty proyisioRs of this article.
(Ord. No. 95 229, ~ 1,3 21 95)
9 471 Lieense far husinel!s required.
It is l:lRla'.vful to eORdl:lct, operate or maimaiR a massage bMsiRess uRless Sl:lefl establishmeRt or
premises is lieeRsed as hereiRafter provided. (Ord. No. 95 229, ~ I, 3 21 95)
9 472 Lieense far massage prftetitioners.
k is uRla'.vful for llfl)' perSOR to perf-orm a massage or represent himself or herself as a massage
practitioner without beiRg iR possessioa of a curreat, valid WashiRgton State massage practitioRer's
liceRse. (Ord. No. 95 229, ~ 1,3 21 95; Ord. No. 03 453, ~ 1, 11 1 03)
9 473 LieeBse far maBagers.
It is unla-.vful f-or afty person to ma-nage a massage busiRess v,'ithol:lt first aflplyiRg f-or a-nd recei-;iRg a
massage ma-nager liceRse. (Ord. No. 95 229, ~ 1,3 21 95)
9 474 Lieense Expiration Due date.
(a) Expiratioa. "^Jllicenses issuea er reaewed uRder the provisions of this ehaflter shall expire OR the
thirty first of December of eaeh year.
(b) Due date. "^Jl liceRse fees required by FWCC .2..J.TI., aRd PUfSUa-at to the Federal Way fee
resolutioR, arc pa)'able to the city at least foMr weeks prior to the opeRiRg of any massage busiRess, or the
perf-orma-nee of aft)' massage.
(e) Pro ratioa. The eRtire anfluallieeRse fee shall be paid for the applicable calendar year regardless of
VihelR the applieatioR for liceRse is maae, a-nd shall ROt be prorated for aay part of the year except that if
the original application for license is made sl:lbseqaeHt to JURe 30th, the licease fee for t-he remainder of
that year shall be one half of the ar.nual lieease fee. "^.nRual lieease renewals shall be reqaired to be
obtaiRed aad paid iR full by January 31 st of eaeh respecti',e calendar year.
(d) FailMre to renew. Faih::H'e to reaevl shall invalidate the lieeRse and all privileges gra-ated to the
lieeasee. (Ord. No. 95 229, ~ 1,3 21 95)
9475 Lieense fees.
(a) l^..mouat of fee. "^~pplieaats seekiRg a lieeRse l;lHder this chapter for massage busiRess a-ndlor
massage manager shall sMbmit a completed application form as prescribed hereiR together with a fee as
pro',ided iR the fee seheaule kept OR file '.vith the city clerk. Such f-ces shall be iR additioR to general
busiRess lieeRse f-ces '.vflere aflplicable. For massage practitioaer (ROt emplo-yee of registered massage
ImsiRess) the geReral busiHess licease requirements of Chapter 9, Article II, shall apply.
(b) Late peaalty. "A. late peRaky shall be charged oa all applications f-or renewal of a licease receiyed
later than seveR '.vorkiRg days after the expiratioR date of sach licease. The amouRt of sach peRalty is
fixed as follows:
Days Past Due l\dditioRal Pereeatage ofLicease Fees
-S---;G ~
31 60 ~
61 ana o"er -l-OO%
(Ord. No. 95 229, ~ 1,3 21 95; Ord. No. 03 153, ~ 2, 11 1 03; Ord. No. 01 173, ~ 1, 12 7 04)
9 476 Lieense applieations.
(a) Massage business. "^JI applications for a massage business license or license renewal shall be
submitted in the name of the person or entity proposing to conduct such massage business eft the Busiftess
premises, shall be signed ~' such persoft or his or her legall)' a-athorized agent, and ftotarized or certificd
as true under penalty of perjury. J'JI applicatiofts shall be submitted Oft a form supplied by the eity clerk,
which shall require the fdlowing information:
(1) The Rame, resideRee address, residence telephone I'llimber, date and place of birth, driyer's liceftse
number, and Social Sec1:1rity number of the applicant if the applieant is an individual or tax identificatioB
n\:lmber if the applicant is a corporatioB or other entity;
(2) The lmsiBess Bame, address and telephone number ofthe establishment;
(3) The names, addresses, telephone numbers and social security numbers of any partners, corporate
officers, or shareholders '.vho O\VB 10 pefeent or more of the busiBess, or other persons who have a
substantial interest or maBagement responsibilities in cORnection with the business, specifyiBg the iBterest
or management responsibility of each. For the purpose of this subsection "substantial inter-est" shall mean
mmership of 1 (,) pefeent or more of the busiBess, or any other kind of contribmion to the business of the
same or greater size;
( 1) The name of the landlord or property ovmer of the property on '.yhich the business is situated.
(b) Massage manager. :\ll applications for a massage manager's license or license rene....ffll shall be
signed by the applicant and notarized or certified to be true under penalty of perjury. "^JI applications shall
be submitted on a f-orm supplied by the city clerk, which shall reqMire, at a minimum, the follev/ing
information:
(1) The applicant's name, resideBce adc:ifess, residence telephone number, date and place ef birth,
driyer's liceBse number and social seclHity n\:lfBber; .
. (2) "^1 letter, eated no more than 3(,) days prior to the date of the submission of the application, from
the o';mer of the busiBess iBdieating intent to employ the applicant on a specified date;
(3) Written proof that the applicant is 18 yeMs of age or older. WrineB pr-oof shall mean the
followiBg:
a. "^1 C1:HTent motor vehicle operator's license issued by any state beMing the applicant's
photograph and date of birth; or
b."\ yalid identificatioft cMd iss\:led by the state of Washington v,'hich beMs the applicant's
photograph and date of birth; or
c. "\ C1:HTent passport;
(1) The mailiBg address and street address of all places within the city ef Federal Way at '.vfiieh the
massage manager will pro',ide services. The massage manager shall notifY the city clerk, in writing, of
any changes in, or additions te, the location of such services ';/ithin 11 days of an)' such change or
addition.
(c) Backgrouad checks. "\ll applications submitted pursuant to this ehapter y,ill be s1:tbmitted to a
background cheek iB aceorElance with the procedlHes of the Federal Way police deplHtm:ent. (Ord. }lo. 95
229, ~ 1,3 21 95; Ord. No. 03 453, ~ 3, 11 1 03)
9 477 StaBdaFils for denial of applieation for Iieense.
(a) Massage business lieense. The city elerk may deny any massage busiBess liceBse request if he or
she det-ermiaes that the applicant has:
(1) Made any material misstatement in the applicatioa for a license;
(2) Proposed a place of busiBess or operates a business '.vfiich fails to ceffiply v/ith all apfllicahlo
requirements ef this Code ineludiag withem limitation the zOBiag, building, health and fire eodes and all
other applicable local, state, or federal laws, rules or regulations;
(3) Had any eeB',ictions '..."hich ha'/e a direct coooection '.vith the lieensed activity including, bm not
limited to, theft, prostitutioft, promotion or permitting prostitution, sexual offenses, consumer :timId,
massage praetitioBcr or massage manager violation, or obscenity within fiye yeMs prior to the date of
such application; or
( 1) Had a massage business lieense denied, revoked or suspended by the eit)' or an)' other jurisdietion
'.'.'ithin five years prior to the date of sueh applieation.
(b) Massage manager license. The eity clerk may deny any massage manager lieense applied for under
the pro'/isions of this ehapter if the eity elerk determines that the applieant has:
(1) Made an-y material misstatemeBt in the applieation for a lieense; or
(2) Had any eon'/ietions v/hieh haye a direet eonnection with the lieensed actiyity including, but not
limited to, theft, prostitution, sexual offense, eonsumer fraud, massage praetitioner or manager yiolation,
or obscenity, within five years prior to the date of application; or
(3) Had a massage praetitioner or massage manager licease denied, re'loked or suspended by the eit)'
or an)' other jurisdiction '.vithin five yeMs prior to the date of applieation; or
(1) Had a Washiagton State massage practitioner's license suspcnded or revoked whieh had been
issued pursuant to Chapter 18.1 ()8 R-CW, as now existing or hereafter ameaded or had an-y professioaal
lieense re'loked whieh had been issued pursuant to RCW Title 18, as now existing or hereafter amended,
which license authorized performiRg massage treatments.
(e) Effeet of license denial. If 1Hl)' applicant has a lieense denied based upon a eon-viction elassified as a
felon-y, or any other nonfelon-y eonvictioRs, pursuant to this seetion, a lieense shall not be gnmted within
five years from the date of sueh denial. If any applieaftt has a liceRse denied for any other reason, a
lieense shall Rot be granted v.ithiR tlH'ee yeMs from the date of sueh denial. (Ord. No. 95 229, ~ 1,3 21
95; Ord. No. 03 110, ~ 1,3 1803; Ord. No. 03 153, ~ 1, II 1 03)
9 478 Standards far sHspeBsian ar revaeatian af lieense.
(a) Massage business lieense. The eity elerk may re'loke or suspend a massage busiaess lieense if he
or she determines that the lieeRsee has:
(I) Failed to eomply with FWCC ill]" 2..2.Q2 or afty of the other requiremeBts of this artiele; or
(2) Failed to eomply 'Nith the applicable buildiRg, heakh, fire and/or zoniRg code provisions or v;ith
1Hl)' 0ther applieable federal, state or local laws, rules 0r regulatioRs; or
(3) With kHowledge employed persoas '.'.'h0, within a period of the preeeding five yeMs, have been
con-yicted of prostitution or eonsumer fFaud stemmiRg from aeti'/ities condueted on the lieensed premises,
or '.vho have been arrested for sueh off eases and vkieh lead to sueh con-vietions; or
( 1) Had any eon'/ieti0Rs v.41ieh ha'/e a direct eonaeetion 'lIith the lieeftsed aeti'l.ity ineludiRg, but not
limited to, eoftsumer fraud, theft, e0Mrolled substanees, prostitution, permittiag or promotiag prostitutioft,
sexual offeRses, or obseeaity; or
(5) Failed to eomply with or doae an)'thiRg ':thieh eoastitutes a basis for den-yiag a lieeRse
applieation.
(8) Notice of violatioa. If the eity derk, the buildiRg offieial, or his or her ageBt dctermiRes duriag an
iRspeetion that the eORditioR of any massage busiaess Reeds eorrectioR, a '.witten notiee of '/iolati0R shall
be issued to the supervisor, manager, owner, or persoR ia ehMge speeifyiag sueh yiolatioRs. Those same
violatioas shall be remedied ',vithiR 18 hours uRless a later date is dctermiHed by the eity elerk Failure ta
eomply with any writteR Rotiee of violatioH to make eorreetioHs may resuk iR suspeRsioa or reyoeatioH of
the massage bl:lSiness lieeRse.
(e) Massage manager lieease. The eity elerk may suspead or reyoke any massage manager lieeRse if
he or she determiRes that the lieeasee has:
(1) Failed to eomply with any of the operatiag requiremeats set f-orth iR FWCC .2.2Ql and 2..2Q2. or
failed to eompl)' '.vith any of the othef requiremen-ts of this artiele; Of
(2) Had any eoavietioas vthieh ha'/e a direct coaReetion with the lieeRsed aetivity iaeludiag, but aot
limited to, theft, prostitutioH, eORsumef fraud, obseeaity, or sexual offeases; or
(3) Failed to eomply with or done anythiRg whieh coastitutes a basis for den-yiRg a lieeRse.
(d) Effeet of lieeHse reyoeati0n. If any applieant uRder this artiele has his or her lieeRse rev0ked, a
lieeRse shall BOt be granted uREler this artiele for a period of at least the years from the date 0f sHeh
reyoeatioR.
(e) Duration of license suspension. The city clerk may suspend a license for no more than six months.
(Ord. No. 95 229, ~ 1,3 21 95; Ore. Ne. 03 'HO, ~ 5,3 18 03; 01'<1. No. 03 453, ~ 5, 11 1 03)
9 479 Tmnsfer of lieenses and ehange of loeation.
(a) Massage Business. No massage business license issued under this chapter shall be transf-erable from
one person or emity to another person or emity. Upon the sale or transfer of an interest greater than 50
pereent in a massage business, a license shall become null and void. A new application shall be made by
any person desiring to operate or maintain the establishment and shall include a release of interest
statement from the pre'/ious licensee and a signed lease or rental agreemem for the establishmcm. (Ora.
"No. 95 229, ~ 1,3 21 95; Ord. No. 03 153, ~ 6, II 1 03)
9 480 Notifieation of saspensioa, re",oeation, denial or eivil penalt}'.
When the city determines that there is cause for den-ying, suspending or revoking afty license issNed
pursloUmt to this article or assessing a civil penalty, the eity clerk shall notify the person holding sNch
license by personal service or registered or certified mail, return receipt requested, of the decision. The
notice shall specify the grounds for the denial, suspension, revocation or penalty assessmem. The civil
penalty shall be due and the denial, sNspension or revocation shall become effective 10 da)'s from the date
the notice is delivered or deemed received l:lflless the person affected thereby files a ".witten request with
the city clerk f-or a hearing before the hearing exam.iner within sueh 10 day period. (Ord. No. 95 229, ~ 1,
3 21 95)
9 481;\athority of hearing euminer.
The eity hearing exam.iner is designated to hear llflpeals by parties aggrieved by actions of the city
clerk in suspending, re'joking or den-ying a license or assessing a civil penalty pursNant to this article. The
hearing elffiffliner may adopt reasonable n-lles or regulations for conducting its busincss. Copies of SNch
rules and regulations shall be delivered to the city clerk who shall make them freely accessible to the
public. All aecisions and findings of the hearing exam.iner shall be rendered to the llflpellant in '.vriting
with a copy to the city clerk. (Ord. No. 95 229, ~ I, 3 21 95)
9 482 Notiee of appeal.
f1B-Y person falling under the provisions of this article may llflpeal from any notice of suspension,
denial or r-evocation or civil penalty assessment by filing with the city clerk within 10 days from the date
the notiee is delivered or deemed received, a ..flitten appeal eontaining:
(1) /'1 heading in the '.vords "Before the Hearing Ex:amiacr for the city of Federal Way";
(2) "^'- cllfltion reading "11ppeal of " gi',ing the names of all appellants participating in the
appeal;
(3)"^,- brief statemem setting forth the legal interest of eaeh of the llflpellants participatiag in the
appeal;
( 4) "^1 brief statement in concise hmguage of the specific order or action protestea, together with any
material facts claimed to support the contemions of the appellant;
(5) "^1 bricf statemem in concise language of the relicf sought, and the reaSORS ..ihy it is claimea the
protested order or actioR should be reversea, modified, or otherwise set aside;
(6) The signatures of all parties namea as llflpellants, ana their official mailing addresses; and
(7) The '/erification, by declaratioR uflder penalty of perjw-y, of at least ORe appellfmt as to the tmth of
the matters stated iR the appeal. (Ord. No. 95 229, ~ 1,3 21 95)
9 483 Date, time, place far hearing.
"^1S soon as practicable after receiviRg the vlritteR appeal, the heariRg exam.iner shall fix a date, time,
and place for the heariRg of the appeal. Such date shall be not less then 10 days aor more than 69 aays
from the date the appeal '.vas filed ..lith the city clerk. WritteR Rotice of the time and place of the hearing
shall be given at least 10 days prior to the date of the hearing to each appellam by the heariRg eRam.iRer's
offiee either by eatlsing a eopy of sl:leh notice to be deliyered to the appellattt persenally or BY mailing a
copy thereof, postage prepaid, addressed to the appellant at his or her address sho','/n en the appeal. (Ord.
No. 95 229, ~ 1,3 21 95)
9 484 Rights of appellaat.
,A~t the hearing the appellattt shall be entitled to appear in person and be represented by eouflsel and
offer such eyidence pertiflent and material to the action of the eity elerk. (Ord. No. 95 229, ~ 1,3 21 95)
9 48S Seape of matters eaasidered ia appeal.
Only those matters er issues speeifically raised by the appellant in the .witten flotiee of appeal shall Be
cOflsidered ifl the hearing of the appeal. (Ord. No. 95 229, ~ 1,3 21 95)
9 48lJ Waiver of right to appeal.
Fail\:li"e of any person to file an appeal in aeeordance with the pro';isions of this di',ision shall eonstitute
a waiyer of his or her right to aR administrative hearing and adjl:ldieatiofl of the notiee and order, or afty
POrtiOH thereof. (Ord. No. 95 229, ~ 1,3 21 95)
9 487 Stay of eafareemeat.
Enforeement of afty flotiee and order of the eity elerk shall be stayed dl:lring the peHdeney of aR appeal
therdrom which is properly aRd timely filed. The stay shall be lifted I:lpOH issl:lanee of the final deeision
of the cityeol:lneil. (Ord. No. 95 229, ~ 1,3 21 95)
9 488 ,41etioa after heariag.
Upon eompletion of the hearing, the examifler shall:
(1) ,A~ccept the eity elerk's reeommeHdation as presented;
(2) Determine no aetion is warranted; or
(3) Modify the reeommeHded action. (Ord. No. 95 229, ~ 1,3 21 95)
9 489 ,\ppeal f-rom heariag eumiaer.
,A~ appeal from a deeision of the hearing eJffiffiiner shall be to the ck)' of Feaeral Way eity eeHneiland
shall be served and filed with the eity elerk within 15 days of the deeisiofl onhe hearing examiner. lB the
eyent the applieattt or license holder does not follow the proeedures 'Nithin the time periods set forth in
this diyision, the aetioH of the hearing examiner shall Be fiaal. (Ofcl. Ne. 95 229, ~ 1, 3 21 95)
9 SOl Staadards of safety aad saaitatiaa.
Eyery manager, massage praetitioner, massage owaer and an)' employee or &gent of sueh an
establishment shall eomply at a minim\:lm with the following health aRd sanitary reql:lirements:
(1) Eaeh room or endos\:li"e '../here massage serviees are performed on patrons shall be pro' tided with
adeq\:late lighting in aeeordanee '.'lith the b\:lilding eode, aRd in addition, at least one artifieiallight of not
less than 40 watts shall be provided in eaeh room or eaelesl:lre where serviees are performed aRd shall be
in eperatioa '."hen sHeh serviees are performed.
(2) The premises shall have eqHipmeftt for disinfeeting aRd eleaning noadispesaele iastrnmeftts and
materials I:lsed in administering massage serviees. Sl:leh materials aRd instrnmeftts shall Be eleaned after
eaeh I:lse.
(3) Hot and eold l1:lflfliRg '.'/ater shall be pro';ided at all times.
(4) Eaeh massage patron shall be furnished with an individl:lal dean toy/el. TO'Nels shall not Be rel:lsed
until they have been washed and saRitized. There shall be adeq\:late storage faeilities for to'.',el aBd mat
storage.
(5) All massage tables, bathrubs, shower stalls, satlna baths, steam or bath areas shall hEl-ye surfaees
'uhieh may be readil)' eleaned. They shall be eovered with single serviee te'.'/els '.'/hen in use.
(6) Oils, creams, lotions or other preparations used in administering massages shall be kept in elean
eontainers or eaeinets.
(7) Dressing, locker and toilet faeilities shall be provided upoa reqMest for all patrons served at afty
given time. Upon the request of a patron, the licensee shall provide the patron with facilities to loek or
seeure persoaal property. Male and female patrons shall not simultaneously use eommon shov,er andler
bathtub, dressing, toilet and massage room faeilities.
(8) ,^Jl walls, eeiling, floors, pools, showers, bathtubs, steam rooms and all ether ph-ysieal facilities
shall be in good repair and maintained in a dean and sanitary condition. Wet and dry heat rooms, steam
or yapor rooms, or steam or 'lap or eabinets, shower compartments, aRd toilet rooms shall be thoroughly
deaned eaeh day the business is in operation. Bathtubs aRd showers shall be thoroughly deaned a-fter
each use.
(9) Eaeh massage practitioner shall wash his or her hands in hot running water usiag soap or
disinfectant before and after administeriag a massage to eaeh patron.
(10) No person shall eonsume f-ood or aleoholic beverages ia massage work areas.
(11) A person suffering from infeetious or eontagious disease(s) transmittable by toueh shall not be
treated by afty lieeRsed massage busiaess or massage praetitioner. f~ massage pra-etitiofter '.vho is suffering
from infeetious or eoatagious disease(s) shall Rot admiaister massage services.
(12) ,^JI massage establishmeats shall eontinuousl)' eomply vlith all applicaele Building, fire and
health ordinanees and regulations.
(13) ,^JI plumbing shall be iastalled a-eeording to the eity's plumbing eo de and shall be free of
potefttial cress eonneetions. ,^~ll toilet faeilities shall be a-vailaele as re€}uired in the eit)"s plumbing eode,
applieable to plaees of assembly.
(14) ,^Jl e-xcreise e€}uipmeftt and appliances shall be rominely eheeked for possible struetufal
weakaesses and shall be maintained in a safe and sanitary manner at all times.
(15) f Jl)' faeilities using ultra-yiolet e-xpos\:li"e rooms in their establishment shall post maximum
exposure time. (Ord. Ne. 95 229, ~ 1,3 21 95)
9 502 Standards of eonduetJoperation.
(a) OWRef/manager requiremeftts. The follo'.ving standards of condHet and epeffttion shall be a-dhered
to by the o'.vner, proprietor, manager, or person in eharge of aft)' massage busiaess:
(1) ARy person vmo is employed to gi'/e a massage must be at least 18 years of age and be validly
lieeased as a massage praetitiofter p\:li"suant to state la-VI.
(2) At all times during the hours a massage Business is open for business, anEl/or duriflg the presence
of patroas, at least oae validly lieensed massage praetitioRer must be oa the premises.
(3) i\B:Y person '.Yho is employed BY a massage business must preseftt docHmentation that he or she
has attained the age of 18 years '.v-hen an iflspection pursuattt to this artiele is eORdueted. Proper
doeumefttation shall be as deseribed in FWCC ~(b)(3).
( 4) Pro';ide that all doors in sueh premises, excluding doors in the offiee aRd storage rooms, unless
sHeh deers provide aecess to serviee areas, are so equipped that they ma-y net be fastened shut se as te
pre'/ent reasonable aeeess by such amhorities vlho annOURce their a-uthority to eater prior to iRspection.
(b) ,^Jllieenses. The follov/iRg stanaards of eonduet and operation shall be adhered to by alllieeasees:
(1) ,^Jllieensees shall eomp~' with all applicable federal, state and loealla-v;s, ineludiBg all sa-rety and
sanitation re€}uiremeftts and the eit)" s bMilding, fife and zoning eodes;
(2) ,^Jl lieensees shall allo''v any police offieer, the eity manager or his or her desigR:ee, or a
represefttatiYe from the Seattle King CouRty health departmeftt or the Federal Way fire departmeftt entry
to the premises during the hours the massage business is open for busiaess, upon presentation of proper
idemificatioa, for purposes of inspeetiag the premises;
(3) Maintain business reeeipts showiBg the date of serviee(s) giyen, the type of serviee(s) reftdered
aRd the name aRd eity lieease number of the employee readering the serviee(s). These busiftess reeeipts
shall be retaifled for a period oftflree years after the date of the serviee(s), aRd shall Be open te inspeetion
by the eity clerk and the Federal Wa-y poliee department;
(4) Post in a promiaent place a list of all services offered '.vith a brief deseription of wha-t the serviee
entails along with the eosts of sueR serviee(s). All business transaetioRs ",ith the eustomers must be
eondueted in aeeordance with the said posted list;
(5) Not distribMte or eonsume afty aleoholie Beverages and/or cofttrolled subst&Rees on lieensea
premises; and
(6) Not allo'N any ualieensed massage.
(e) Minors. k shall be unlawful for the owner, maRager, or afty massage practitioner, or any employee
or agent to admit aftyone under the age of 18 years of age and permit them to remain in or aeout sueh
premises, unless sueh person is aeeomp&Ried by or pr'Cisents the vmtten eonseftt ef his or her pareftt or
legal guardian.
(d) ProstitutioR. k shall be unla-wful for any o'.'mer, manager, massage practitioner, or afty employee or
agent to kBowingly harbor, admit, receive or permit to be or remain in or about sueh premises afty
prostitute or afty person uftder the influenee of &flY nareotie or daRgerous drug or to perform or allow to
be perf-ormed afty aet, massage er maRipulation in vmieh eontact is made with aRother's genital &Teas
either by hand, bod)' er BY any meehaniea-l deviee or object, vmether it is eeyerea or uneovered, elothed
or unclothed, in whole or iH part.
(e) Clothing required. k sRall be uala-wful for afty owner, m&Rager, massage practitioner, or afty
emplo)'ee or agent to disroBe er Be partially disrobed in the preseaee ef another vmile in any faeility
defined ia this artiele.
(f) SMpervisien Inspeetion. The OWfler or manager shall ha-,...e the premises supervised a-t all times
when open for Busiaess. Rooms and stalls used for the purpose of massage shall be eonstructed in sueh a
manner as to permit inspeetien. (Ord. No. 95 229, ~ 1,3 21 95; Ord. No. 03 453, ~ 7, 11 4 03)
9 503 InterBal warning systems prehibited.
,^.ny business rectuirea to be lieeased Hnder this artiele shall not iHstall aRY de':ice that is designed as an
iR:tefRal '.'larning system and ao persons shall use aft)' deviee for alertiag persons in other portieas ef the
building. (Ord. 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 31 st 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)
SECTION 6. Chapter 14, Article IV, Section 14-138, of the Federal Way City Code is hereby
repealed as follows:
14 138 BusiBess registrfttioa.
No person shall engage in or earry on afty bHsiness or operate aft)' plaee for eRtraRce to 'uRieh an
admissioa eharge is made without first RlF:ing obtained from the eit)' a busiaess registration as pro'lided
in Chapter 9 FWCC. SueR registration shall be posted ia a conspicuous plaee in eaeh tieket or box offiee
,:there tiekets of admission are sold.
(Ord. No. 02 432, ~ 1, 11 1902)
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.
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, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
COUNCIL MEETING DATE: December 2nd, 2008
ITEM 7.k.
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
RELATING 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
IZI Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: AARON
DEPUTY CITY ATTORNEY
DEPT: Law
Staff is finalizing the reorganization of the F ederal Way City Code into the F ederal 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 ap~oval ~f the Ordinance and forward to the full Council on
December 2nd. {l1V' -tlV'Z>1 re.0c4YV1\ p
2. Modify the proposed Ordinance and forw;d tJhe full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL: IfJ:)
~
COMMITTEERECOMMENDATION:IW lCr("'n{~ ~cltt
DIRECTOR APPROVAL: -1 Atl
Committee
Dph'M.- 1
Committee Member
PROPOSED COUNCIL MOTION: "I move to forward the ordinance to a second reading for enactment on the
January 6th consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDillEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
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 N, Section 2-106, of the Federal Way City Code shall be
amended to read as follows:
2-106 Definitions.
The f-ollo'.'ling vlords, terms and phrases, when used in this divisioa, shall ha-':e the meanings aseribed
to them ia this seetioR, except where the eontext dearly iftdieates a aiffereftt meaRing: 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 mean afty person '.vho is or has been employed by the eit)..
'.:..Offidar:.. shall mean 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~in
shall me&R Appointed means a person formally appointed by the city councilor as authorized by state law
or city ordinance.
(Ord. No. 89-5, S 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 eontext or subjeet matter otherwise requires, terms defined herein shall ha-ve the followiRg
meanings ';"{flen used 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~ business by an-y indiyidHal, partRership, eorporation, or other efttit)' 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 thc. The 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~ 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-;--t\ft 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 efthe eit)' efFederal Way poliee departmeBt.
City elerk. The elerk ofthe eity ofPederal Way.
Departmeat. The eity of Federal Way police departmeftt.
Economically disadvantaged person means a-:--Aft person receiving public assistance.
False alarm means the:--+he 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 t~ 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 harm.
Premises means any~ area and any portion of any area protected by an alarm system.
Registration year means-;- July 1st 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. Person, corporation, firm, partnership, association, company,
organization or other business entity who purchased or contracted for any alarm system.
Verification means an-=-Aft 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, ~ I, 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 following words, terms and phrases, Y/hen used in this artiele, shall htt'le the meanings aseribed
to them in this seetion, exeeflt '.vhere the eontext dearly iadieates a different meaRing:
tb1 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 no'u stated or hereaft-er ameRded shall govern the eoastruetioR of this artiele, when
applicable. apply throughout this article unless the context clearly requires otherwise. RCW 70.77.120
through 70.77.230 as no'.v stated or hereafter &ffieaded are adopted by reference and a eof'lY of the same
shall be kept on file in the offiee of the eity elerk for pub lie use and iflspeetion. In addition, the following
term is defined
Dangerous fireworks shall mean means any firework not defined as a "common firework" under the
provisions ofRCW 70.77.136.
(Ord. No. 90-54, ~ 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 following words, terms and phrases, when used in this artiele, shall have the meanings aseribed to
them in this seetiofl, exeept where the eontext dearly iadieates a differeftt meaniRg: 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.
Business shall mean and iaelade 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 mean and iaelHde 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 mean and iRelude 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, ~ 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 pl:li"pose of this artiele the '.vords &Rd phrases used in this seetion shall have the following
meaniags unless the eoBte-xt othen'lise iadieates: The definitions in this section apply throughout this
article unless the context clearly requires otherwise.
fa) Adult entertainment means shall mean:
(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
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.
tbt 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.
(e) f~pplieant means the iRdi';idual or efttity seekiag an adult efttertainment lieense in the eity of
Federal Wa-y.
fEB 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.
W 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.
ff) Entertainer shall mean means any person who provides live adult entertainment whether or not a fee
is charged or accepted for such entertainment.
W Manager shall mean means any person who manages, directs, administers, or is in charge pf, the
affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any
adult entertainment establishment.
W Operator shall meaR means any person operating, conducting or maintaining an adult entertainment
establishment.
(ij 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.
ffi 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.
(k) Person means &frY indi';idl:lal, partnership, eorporatiofl., trust, meorpofatea or Hoiaeorporated
assoeiati0n, marital eommMnity, joiftt venture, governmental entity, or other emity or group of persons,
ho'.vever orgaRized.
flj 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, S 2, 5-1-90; Ord. No. 95-241, S 1,8-15-95)
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 followiag '.'lords, terms and phrases, when used in this article, shall ha-ve the meaRiags aserised to
them ia this seetion, except '.vhere the eoBtext clearly indieates a different mO&fling: 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 me&R 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 mOaR means a e:veFY 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 aft)' kind or description are bought, sold, traded,. ef
bartered, pledged, pawned, auctioned, sold on consignment, or otherwise exchanged; pro'lided, hov/e'/er,
that this term does not appl)' to those persons eagaged in the business of selliflg used or seeoadRand
motor '/ehieles or boats.
Secondhand goods shall mean means aft)' &fld all used, QLremanufactured, or see0nelhand goods,.
except it p\:li"chased or kept for sale by a seeoRdhand dealer; provided, h0'.vever, sueh term does not
include junk or used or seeondh&fld used. remanufactured. or iunk motor vehicles or boats.
(Ord. No. 90-57,99 1, 15(A)(12)(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 f-ollowing words, terms and phrases, when used in this artiele, shall have the meanings aseriBed to
them in this seetion, exeept where the eontext dearly indieates a differeftt meaRing: 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 and inelude 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 me&fl and inelude 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.
In-house guard forces shall mcan 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.
Police depa-rtmeftt shall mean the la-w enforeement amhority of the eity.
Private guards shall mean 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 mean and inelude 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 mean 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 meaR and iRelude means all privately employed guards, investigators, detectives,
patrolmen and any other personnel performing similar security functions or services.
(Ord. No. 90-28,9 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.
f~s used in this artiele, unless the eofttext or subjeet matter elearly requires otherv:ise, the words or
phrases defined in this seetion shall have the indicated meaRings: The definitions in this section apply
throughout this article unless the context clearly requires otherwise. Terms not defined here are defmed
according to FWCC 1-2.
Business shall mean and iRelude 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.
Person shall mean oae or more natural persoas of either seK, eorporations, partnerships, sole
proprietorships, assoeiatioRs or other entities eapaele of ha-viRg aR aetiofl at la'.v Brought agaiast such
~
Temporary business shall meaR and inelHde 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;
(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, S 1,6-19-90; Ord. No, 91-110, S 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','IiRg 'lI'ords, terms and phrases, whea used in this artiele, shall have the meanings aseribed to
them in this seetioa, exeept where the eontext elearl)' indicates a different 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.
,^~pplieant means afty person '.vfl.O applies for a license to operate a flublie danee at a aaRee 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(aX3) and (4); and
4. Proof of satisfactory completion of training as required for security guard state license
(RCW 18.170.010 et seq.).
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 firearms 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 "PMblie"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;~
,\aditioaaU)', the term "flMslie aaRee" does not iRelHde ~any 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 being the intention that sueh danees Be governed by the apprepriate
provisions ofRCW Title 66 aRd all other pertinent laws and regulatiofls.
(Ord. No. 92-132, S 1(9.36),4-14-92)
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 pHrposes of this ehapter, the f-ollo"Ning terms, words and phrases shall ha-'1e the follo'lIiHg
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.
-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 meaRS the city ofPederal Way, Washington.
(3) City elerk means the eit)' elerk oftfte eity of Federal Way, Washington.
f4t 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.
f5j Genitals means genitals, includes. but is not limited to. the pubic area, anus, or perineum of any
person, 6f and the vulva or breasts of a female.
te) 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 of aRY kiftd wftate'ler are
given or furnished~ including. where an attendant is present: without limitation fInnish baths; russian
baths; sauna baths; swedish baths; turkish baths; hot tubs; baths by hot air, steam, vapor, water~ 6f electric
cabinet~ or a combination thereof of afty of the foregoing; proyided, that stleh term shall "Public
bathhouse" does not include ordinary tub or shower baths, or aft)' of the above named baths where an
attendant 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.
,^~s used in this artiele the following '<'lords and terms shall ha-ye the meanings respeeti'lely 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.
,^~pplieatt1: meaRS &flY person or entity that applies for 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.
Cable facilities means equipment and wiring used to transmit audio and video signals to subscribers.
Cable services means (1) 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 eity of Federal Wa)', a municipal eorporation Elf the state of Washington.
Council moans the eity of Federal Wa-y eouncil aeting in its offieial eapaeity.
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, fIrm 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 fraRehise fee payaele by a fumehisee to
the eity Oft gross ar.nual reeeipts derived from any new, aoft eable teleyisioa related pfogrammiflg
product or other eommunieation serviees such as intefactiye, data, telephone traRsmission or other
eommunieation produets or serviees, whieh is delivered to the sUBseriber by using publie rights Elf way,
shall be at the same rate as the fee, tax, assessment or other revenue pa-yaele to the eity by other pre'liders
of the same prodHet or serviee vlithin a fraRehisee's franehise serviee area. ,^~s used in this seetion, a
nORpfOgramming produet or serviee shall Be eonsidered nevI if a fraaehisee was not already pro,tiding it
as of the efta-etmeftt of its frenekise.
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
(1) both receives information conslstmg of either television or other signals and transmits signals
generated by the subscriber or equipment under his/her 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.
Puelie right of way or street means the land owned, dedieated or eoaveyed to the eity or a unit of
govemmeRt, iaeluding, but not limited to, an)' PMblic alley, botlleyard, lane, ,,"ay, pla-ee, drive, easement,
right of way or sidewalk, or an)' portion thereof, under the jurisdietion of the eity.
Subscriber means a person~ ef' entity~ or user ofthe cable system who lawfully receives cable services
or other service therefrom from a cable system with the franchisee's express permission.
(Ord. No. 95-239, S 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, S 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 priee," "seller," "buyer," "eonsumer," aRd all other definitiofts as are ROW
eontaiaed in RCW 82.08.010 are adopted and apply throughout this chapter unless the context clearly
requires otherwise., and subsequeftt &ffiendments thereto, are adopted as the defmitions for the tax le'lied
in this ehapter.
(Ord. No. 99-335, S 2, 2-16-99)
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.
F or purpose of this divisioa the w'ords and phrases used in this seetion shall ha-'le the following
meaniags unless the eoftte-xt otherwise 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 mean means the management services director or other person other employee or ageftt
of the city designated by the city manager.
(Ord. No. 02-432, S 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 eoastrning the pro'/isioBs of this chapter, the f-ollov/ing aefinitions shall be applied: 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.
fB 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
or superseded; and or
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~;
provide a, however, that "eable Cable television 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
evolving wireless radio communications technology which accomplishes the same purpose as cellular
mobile service.
(41 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. sUCH city
employee or agent as the eit)' manager shall designate.
(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.
fB 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.
~ Telecommunication business means the business of providing network telecommunication
service, as defined in this section. It includes cooperative or fanner line telephone companies or
associations operating an exchange.
t91 Telecommunication service means competitive telecommunication service or network
telecommunication service, or both, as defined in this section.
fWj-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, S 1, 12-19-95; Ord. No. 96-262, S 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 following words &Rd terms shall ha'/e the f-ollowing meaniRgs for the purposes of this title, unless
the eofttext eJearly requires 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. +emts
otherwise not defined herein shall be defined pHrsHattt to RCW 82.02.090, or given their usual and
eustom&f)' me&Ring.
fl1 Capital facilities plan means the district's capital facilities plan adopted by the school board
consisting of:
a. A forecast of future needs for school 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;
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 authorized 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 meaRS the eity of Federal Wa)', a Washington munieipal eorporatiofl.
t31 Classrooms me&ftS mean educational facilities of the district required to house students for its
basic educational program. The elassrooms are those faeilities the clistriet determines are Reeessary to best
serve its student popMlation. Specialized facilities as identified by the district, including but not limited to
gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be eountea as
are not classrooms.
81 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.
~ 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.
f61 Developer means the person or entity who owns or holds purchase options or other development
control over property for which development activity is proposed.
f+) 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.
f8tDistrict means the Federal Way School District No. 210, King County, Washington.
t91 Elderly means a person aged 62 or older.
fl-G1 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.
8-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, Le"
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.
fl41 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.
fM1 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.
fl-+1 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, the
number 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
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; proviaed,
that;- where the district has the necessary financial commitments in place to complete the permanent
facilities ealled for in the eapital faeilities plan.
fl-9j 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; proyiaed, 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, S 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.
lB construing the provisioRs of this article, the following aefinitions shall be applied: The definitions in
this section apply throughout this article unless the context clearly requires otherwise.
fl1 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.
~ Multifamily housing means a building or townhouse having four or more dwelling units designed
for permanent residential occupancy.
~ 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.
t61 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, S 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 follo'.ving '.veras, terms ana phrases, when used in this artiele, shall have the meaniRgs aseribed to
them in this seetiofl., exeept vmere the eontext elearl)' indieates a different meaRiag: 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 mean the individual or organization who has the authority to file
rates for a group of affiliated taxicabs.
Audit means shall mean 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 mean the director of the county department of executive administration.
Enforcement officer means shall mean the director and his or her duly authorized representative.
~Engage in the business Business of operating any taxicab or for-hire vehicle 'lehiele for hire" means
SHall mean the pickup and transportation of any fare paying passenger from a point within the
geographical confines of the city, whether or not regardless of where the vehicle is dispatched from a
taxieae staRe or offiee '.vithin any other munieiflal eorporation, and '.vhetHer or aot or where the ultimate
destination or route of travel is~ '.vithia the eonfines of the eity; provided, that nothing in this artiele shall
be eonstmed 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.:....; provided, however, that tHe provisioas of this artiele shall This
definition does not apply to drivers of motor vehicles operated by any licensed municipal or privately
owned, liceased transit system.
For-hire vehicle means shall mean and iaelude every motor vehicle~ other than a "sightseeing car,"
"charter bus~" or one used by fLhotel 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~; provided, hO'.'lever, 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 termini near sueh plaees, 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 mean 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 mean 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 mean every self-propelled vehicle by or upon which any person may be
transported or carried upon a public street, highway~ or alley~; provided, that yehieles Motor vehicle does
not include vehicles used exclusively upon stationary rail tracks or propelled by the use of overhead
electric wires SHall not eome uader the proyisions of this artiele.
Special rate means SHall mean discounted rates for the elderly and handicapped.
Special services vehicle means shall mean 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 mean 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.
Taximeter means shall mean 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, S 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.
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
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:
EFFECTNE DATE:
ORDINANCE NO.:
COUNCIL MEETING DATE: December 2, 2008
ITEM #:. 7.\.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2009/2010 BIENNIAL BUDGET
POLICY QUESTION: Should City Council adopt the 2009/2010 Biennial Budget based on the proposed budget with
incorporation of Council's preliminary acceptance of City Manger's recommended changes as presented at the November
18 Budget Study Session?
COMMITTEE: Committee of the Whole
MEETING DATE: various
CATEGORY:
D Consent ~ Ordinance D Public Hearing
D City Council Business D Resolution D Other
~!AF~_!!EPO~!J~X.:_.TI1~._~a.us,1:i!:l.~nc~R!re~!'?r~ .___.___._.___.__..___..__.____~~!!.: Finance
ATTACHMENTS: 2009/2010 Budget Ordinance and Exhibit A.
SUMMARYIBACKGROUND: The City Manager submitted the City's proposed 2009/2010 budget to the City
Council for consideration on October 21, 2008. The Council held study sessions on October 29 & 30 and November
5 & 18 to review and deliberate on the proposed budget. Public hearings were held on November 4 & 18 to allow for
citizen comment on the City Manager Proposed Budget. The attached budget ordinance incorporates Council's
preliminary acceptance of the City Manager's recommended changes as presented to Council at the November 18
Budget Study Session in order to balance the projected 2011/2012 Biennial Budget operating shortfall of $3.lM.
These changes included: eliminating sustainability contract ($1 03K), festival management contract ($100K), citizen
survey ($30K), and market adjustment for non-represented employees ($612K); reducing Lakota Park ($400K) and
Laurelwood Park ($300K) CIP and redirecting the utility tax funding for these projects to support General Fund
operations; adding Challenge Grant ($ 1 OK); and using part of Proposition 1 Reserves for Police overtime ($600K).
STAFF RECOMMENDATION: Staff recommends Council approve the 2009/10 Biennial Budget as attached.
CITY MANAGER ApPROVAL:
N/A
Committee
DIRECTOR APPROVAL:
N/A
Committee
~
Council
COMMITTEE RECOMMENDATION: Not Applicable
PROPOSED COUNCIL MOTION: "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
ORD#
, PAGE 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO
BUDGETS AND FINANCE, ADOPTING THE 2009-10
BIENNIAL BUDGET.
WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for
the 2009-10 fiscal biennium have been prepared and filed on October 21, 2008 as provided by
Titles 35A.34 and 84.55 ofthe Revised Code of Washington; and
WHEREAS, the budget was printed for distribution and notice published in the official
paper of the City of Federal Way setting the time and place for hearing on the budget and said
notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk;
and
WHEREAS, the City Council of the City of Federal Way having held public hearings on
November 4, and November 18,2008, and having considered the public testimony presented;
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, DOES HEREBY ORDAIN AS FOLLOWS:
, PAGE 2
ORD#
Section 1. 2009-10 Biennial Budget. That the budget for the 2009-10 biennium is hereby
adopted in the amounts and for the purposes as shown on the attached Exhibit A ("2009 and
2010 Adopted Budgets").
Section 2. Administration. The City Manager shall administer the Biennial Budget and
in doing so may authorize adjustments to the extent that they are consistent with the budget
approved herein.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance or the invalidity of the application thereof to any person or circumstance, shall not
affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. 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 numbering, section/subsection numbers and any
references thereto.
Section 6. Effective Date. This ordinance shall be effective January 1,2009.
ORD#
, PAGE 3
PASSED by the City Council of the City of Federal Way this _ day of
2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:\FIN\0708 budget\CM Review\2009-10 lntro Ord - Budget.DOC
ORD#
, PAGE 4
EXHIBIT A
2009/2010 ADOPTED BUDGETS
2009 2010
Beginning Beginning Ending Fund
Fund Fund Balance Revenue Expenditure Fund Balance Revenue Expenditure Balance
General Fund $ 4,444,738 $ 43,240,808 $ 43,379,320 $ 4,306,226 $ 43,075,264 $ 44,226,113 $ 3,155,377
Street 100,000 4,791,924 4,791,924 100,000 4,946,735 4,946,735 100,000
Subtotal General/Street Fund 4,544,738 48,032,732 48,171,244 4,406,226 48,021,999 49,172,848 3,255,377
Less Transfer from GF To ST Fund (2,549,438) (2,549,438) (2,673,274) (2,673,274)
Net General/Street Fund 4,544,738 45,483,294 45,621,806 4,406,226 45,348,725 46,499,574 3,255,377
Special Revenue Funds:
Arterial Street 15,106 1,968,000 1,968,000 15,106 1,968,000 1,968,000 15,106
Utility Tax 6,635,710 14,816,891 19,350,550 2,102,051 15,604,959 15,791 ,292 1,915,718
Solid Waste/Recycling 187,555 408,732 489,234 107,053 416,854 502,405 21,502
Special ContracUStudies - - - - - - -
HotellMotel Lodging Tax - 215,470 215,470 - 221,755 221,755 -
2% for Arts - - - - - - -
Community Center 111,483 2,628,410 2,066,702 673,191 2,754,098 2,120,343 1,306,946
Grants - CDBG - 456,408 456,408 - 460,512 460,512 -
Paths and Trails 191,585 158,420 224,000 126,005 160,658 161,000 125,663
Debt Service Fund 1,927,159 3,774,332 4,562,078 1,139,413 4,275,033 4,275,805 1,138,641
Capital Project Funds:
Downtown Redevelopment - 1,100,000 1,082,942 17,058 1,100,000 1,086,116 30,942
Municipal Facilities 502,674 3,372,394 106,000 3,769,068 1,655,700 - 5,424,768
Parks 2,320,891 4,345,000 5,100,000 1,565,891 1,745,000 2,054,000 1,256,891
Surface Water Management 4,007,004 155,419 1,310,000 2,852,423 23,419 706,000 2,169,842
Transportation 2,695,435 11,701,000 11,475,000 2,921,435 8,265,000 10,620,000 566,435
Enterprise Fund:
Surface Water Management 140,934 3,331,189 3,306,496 165,627 3,366,044 3,396,474 135,197
Dumas Bay Centre 0 822,942 822,942 0 850,536 850,536 0
Internal Service Funds:
Risk Management 5,263,175 776,456 685,356 5,354,275 776,456 685,356 5,445,375
Information Technology 2,613,421 2,274,987 2,141,763 2,746,645 2,338,110 2,248,717 2,836,038
Mail & Duplication 267,520 201,845 148,256 321,109 201,845 148,256 374,698
Fleet & Equipment 2,996,867 2,120,010 1,344,212 3,772,665 2,121,553 1,551,857 4,342,361
BuildinQs & Furnishings 1,018,428 539,728 440,828 1,117,328 542,594 443,694 1,216,228
Grand Tota/ All Funds $ 35,439,685 $ 103,200,365 $ 105,467,481 $ 33,172,569 $ 96,870,125 $ 98,464,966 $ 31,577,728
K:\FIN'D7Cl8budget\ordinaneeI2OO9-10BudgetOrd ProposeclOrcfmnee 1tl25J2OO8 10:28AM
COUNCIL MEETING DATE: December 2,2008
ITEM #: l.m.
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 ~ Ordinance 0 Public Hearing
D City Council Business D Resolution D Other
~!~!!J!!!,-Q~'! By: _Ih.~~aus-,_!:~~~~~~...Qirec!or~_.__.._.__..._________.__.__ DEPT...:!:~~ance
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: /"if?i) . n::;:;i} DIRECTOR APPROVAL: .-11L
~ ~ 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.
GA-0 '
~L~-
Dini Duclos, Member
JlxW~.J.
Eric Faison, Member
PROPOSED COUNCIL MOTION: "] 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 TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
2008 HOUSEKEEPING BUDGET ADJUSTMENT
General Fund:
Non-Deoartment
GeneraUStreet Fund Subsidy - Increase for NonPolice Vehicles Fuel Increase....... ............ ........................... ............... $
GeneraUStreet Fund Subsidy-Reduce as a result of Correcting M&O for CD Secondary Vehicle............. ......... ............ .....
Citv Manaller
Transfer $50K to Celebration Park Project to Cover LUD Capital Facilities Charges, Funded by CM Contingency..................
Communitv Develooment
Graffiti Abatement Supplies - Funded by WA Assoc. of Sheriffs & Police Chiefs (WASPC) - 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.. ... ...... ............ ........ ....... ........................... ..... ............ ....... .....,.. .... ..... ...
Overhire Lieutenant Funded by WATP Grant-Approved by Council 9/2/08; add 11th 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 9/2/08....
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 Gelleral& StreetFulld
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
(11,375)
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...................,.....................................................................,............................. ,..."."......
SlIbtotal Specia.l~ev~i:llIeFlInd$
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 1lI Project - Approved by Council 4/3/07.................................................
Transportation CIP:
SR99 HOV Lanes Phase 1lI - Source is SWM Unallocated CIP - Approved by Council 4/3/07..........................................
SubtotalCapitlllPrOJel.1tFulld$
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 7/1108..............
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-ALLFUNDS
11/18/2008 3:02PM 2008YNDAdjustmenl Iist08
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
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 numbering, 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 Federal Way this
,2008.
day of
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ORD.#
, PAGE 2
ATTEST:
CITY CLERK, CAROL MCNEILL Y
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
ORD.#
, PAGE 3
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A Federal Way
2008 Federal Legislative Priorities
Federal Fiscal Requests for 2008*
. Triangle Project (I-5/SR 161/S. 356th Street off ramps): $5.9 million
. City Center Access Project (Turn lanes for 1-5 Southbound offramp): $3.2 million
Federal Policy Issues
. COPS & Local Law Enforcement Block Grants
. Community Development Block Grant
. Land and Water Conservation Fund
. Homeland Security Funding
. Reauthorization ofthe Telecommunications Act
. Sales Tax on Catalogs, Mail-Order Sales, E-Commerce
DRAFT 2009/2010 Federal Legislative Priorities
Economic Stimulus Funding for 2009
Staff completing the draft list to include:
. South 348th and 1 st Ave South intersection capacity improvements (2009)
. 1 ih Ave S and 20th Way South to South 324th and South 330th street light improvements (2009)
. Easter Lake flood control improvements (2009)
. Triangle off-ramp project (2010)**
. Pac Hwy South HOV Lanes Phase IV (2010)**
Federal Fiscal Requests for 2010
. Triangle Project (I-5/SR 161/S. 356th Street offramps): $TBD
. City Center Access Project (Turn lanes for 1-5 Southbound offramp): $TBD
Reauthorization of SAFETEA-LU (process in 2009, funding for 2011-2013)
. Triangle Project: $TBD
. Other projects TBD
Federal Policy Issues for 2009
. Policy issue list TBD
Regular Federal Grant Funding for 2009
. The City will apply for grant funding as it becomes available.
*Congress took no action on these items in 2008. Action expected shortly after Presidential Inauguration in January '090
**Projects in construction in 2009 will most likely have priority over those constructing in 20100
November
200 8
Awe 2009 Major
Legislative Priorities
~
(II
ASSOCIATION
OF WASHINGTON
CiTiES
On November 21,2008, the AWC Board adopted an
ambitious legislative agenda for this upcoming session. The
seven major legislative priorities that will be presented to the
Legislature by AWC and city officials fall under these three
key themes:
Maintaining and developing quality infrastructure for
safety and development;
Promoting city fiscal health and flexibility; and
Providing for flexible general government operations.
The 2009 session will be like no other in the last 25 years
given the projected $5.1 billion state budget deficit. Sucess
on the following issues will be difficult and only possible with
significant direct city official assistance.
Maintain and Develop Quality
Infrastructure for Safety and Development
It is in the state's interest to help cities develop and maintain
a strong infrastructure system that promotes economic
development and provides the state and cities needed
revenues. In addition, as public works become more complex,
cities need more management flexibility.
Major priority:
Infrastructure funding
· State infrastructure funding:AWC will continue to
pursue funding for infrastructure programs including:
. Local Infrastructure Finance Tool (LIFT)
. Community Economic Revitalization Board (CERB)
. Communications Infrastructure-Interoperability
. Washington Wildlife and Recreation Program
. State Brownfield Redevelopment Funding
. Local infrastructure options and f1exibility:AWC
will pursue local options to enhance transportation and
economic opportunities for cities including:
. Modify Alternative Public Works statutes
. Modify current architect/engineering services statutes
. Update bid limits authority
. Support enabling Community Facilities District
legislation
. Modify Community Revitalization Financing statutes
. Harmonize use of I st and 2nd quarter local Real Estate
Excise Tax
. Pursue Street Utility authority
. Modify the Transportation Benefit Districts statutes
· Stormwater funding:The state needs to partner with
cities to help fund implementation of NPDES permits at
levels greater than the 2007-2009 biennium.AWC will
seek such financial assistance.
Promote City Fiscal Health and Flexibility
Cities need broad discretion in using existing revenue
sources to respond to local challenges. It's critical that cities
and towns also have the authority to look for new and
innovative strategies and resources.
Major priority:
Fiscal health
· Sales tax:AWC will seek to allow cities to levy the
.3 percent voter-approved public safety sales tax,
independent of county action, and remove supplanting
language and the requirement that one-third' of funds be
spent solely for criminal justice purposes.
· Property tax:AWC will seek an increase of the property
tax cap of I percent for city EMS permanent levies,
using inflation as the cap. In addition,AWC will assist the
counties in obtaining state resources so every county can
conduct annual valuations.
· Fiscal aid for distressed cities and counties:AWC
will seek an increase to the City-County Assistance
Account and establish a "floor" so distributions to
qualifying cities do not drop below a certain amount.
continued
Association of Washington Cities. 1076 Franklin St SE . Olympia,WA 98501 . www.awcnet.org
Provide for Flexible
General Government Operations
It's critical that cities have the flexibility and local decision-
making authority to make the right decisions for their
citizens. Cities must be able to develop service delivery tools
in a way that's cost-effective, efficient and flexible--and free
from unwarranted restraint.
Major priorities:
Oppose the requirement to tape executive sessions
and any restrictions of attorney-client privilege or
attorney work product
Cities will continue to oppose a requirement to tape all
executive sessions and any attempt to restrict attorney-client
privilege or attorney work product.
Annexation and city/county governance transition
AWC will advocate for more annexation tools to facilitate
annexations within urban growth areas and promote
incentives to facilitate agreement among a city and county to
jointly plan for and have consistent development regulations
in unincorporated urban areas.
;s
mil
Limiting liability for local government
AWC will continue to pursue reforms that limit joint liability
for public entities; work to amend the law so that juries may
be informed of seatbelt use; and support other entities that
wish to advance legislation relating to establishing a willful
and wonton level of misconduct for emergency workers.
land use/gambling
AWC will defend cities' ability to fully ban gambling and seek
legislation that provides cities the ability to zone and partially
ban gambling facilities
City flexibility package
AWC will pursue proposals that support flexible and cost-
effective options for cities to provide essential services.
1076 Franklin St SE
Olympia.WA 9850 I
ASSOCIATION www awcnet org
OF WASHINGTON . .
CiTiES
DRAFT Urban Agenda for 2009-2010 Washington State Legislature
November 25. 2008
.(incorporatin~ su~~ested edits from Mavorsl
Infrastructure
Urban Agenda cities in the State of Washington call upon the Legislature to recognize the role
that metropolitan areas play in the economic health of the state and in fulfilling growth
management and climate change goals. To that end we urge the Legislature to provide funding
and tools to urban areas in support infrastructure needed to meet these goals, including:
. Provide a constitutional fix to the existing street utility statute to provide cities with the
authority to implement a street utility tax to help meet local street and transportation
needs;
. Support creation of an infrastructure bank to provide grant assistance to urban cities;
. Enact comprehensive tax increment financing legislation; reform current community
revitalization statute to make this a more viable tool; extend current LIFT law and
provide funding to allow additional grants in 2009 and 2010;
. Modify existing REET laws to allow for up to 25% of funds to be used for maintenance
and opcrJtion of facilities constructed utilizing REET and harmonize allowable uses
between REET 1 and REET 2; and.,.
. Focus a state stimulus package on urban infrastructure needs to assure best alignment
of resources with employment and population centers; and.,.
. Maintain the integrity of the Public Works Trust Fund as a loan resource for local
infrastructure.
Safe Cities
Urban Agenda cities in the State of Washington call upon the Legislature to assure the State is
our partner in keeping our citizens safe and healthy. To that end we urge the Legislature to
provide revenue and/or local options in support of safe cities, including:
. Increase state funding of local public health jurisdictions. including funding to address
mental health needs;
. Modify existing local option public safety sales tax authority to allow more flexible
options (ie, single or multiple city use; eliminate earmark provisions);
. Provide innovative tools, such as the Housing Everyone Financing Tool, to improve
housing accessibility, including affordable and workforce housin~
. Provide ongoing funding for the Housing Trust Fund; and.,.
. Authorize specific tools that can help law enforcement in urban areas manage unique
levels and types of incidents involving drugs, weapons, gangs, and prostitution --
particularly prostitution operations that endanger youth.
Fiscal
. Extend the annexation sales tax credit commencement date beyond January 2010,
retain and commit to the ten year duration, remove the population threshold, and
modify the restriction on which cities can utilize the credit, recognizing the State will
need to apply limits on the use based on revenue availability.
. Maintain the State's commitment to provide SST mitigation for negatively affected
iurisdictions.