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Council PKT 05-19-2009 Special/Regular ~~ Federal Way AGENDA FEDERAL WAY CITY COUNCIL SPECIAL & REGULAR MEETING Council Chambers - City Hall May 19, 2009 www.cityoffederalway.com SPECIAL MEETING - 5:30 P.M. 1. CALL MEETING TO ORDER 2. LONG RANGE FINANCIAL PLAN & BUDGET ADJUSTMENT 3. EXECUTIVE SESSION Potential Litigation Pursuant to RCW 42.30.110(1 )(i) 4. ADJOURN REGULAR MEETING -7:00 P.M. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Eagle Scout John Gailey b. Proclamation: Neurofibromatosis Awareness Month c. Outgoing Commissioners: Diversity Commission, Parks & Recreation Commission d. Parks & Recreation Commission - 10 year Anniversary Celebration e. City Manager Emerging Issues I Introduction of New Employees 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all a Councilmember for separate discussion and subsequent motion. a. Minutes: May 1, 2009 Special Meeting; May 5, 2009 Special & Regular Meeting...page 3 b. Grant Application: School Zone Flashing Beacon (LUTC 5-4-09) ...page 11 c. Bid Award: 2009-2010 Neighborhood Traffic Safety Program (LUTC 5-4-09) ...page 13 d. Greater Federal Way Comprehensive Emergency Management Plan (PRHSPS5-12-09) ...page 18 e. ILA: DSHS/DDD (PRHSPS5-12-09) ...page 30 f. Expansion of Red Light Photo Enforcement (PRHSPS5-12-09) ...page 44 g. Donation from Federal Way Soccer Association (PRHSPS5-12-09)...page 48 6. COUNCIL BUSINESS a. Appointment to Arts Commission...page 52 b. RESOLUTION: Temporarily Waiving Residency Requirements for City Manager .. . page 53 c. Long Range Financial Planning...page 57 7. INTRODUCTION I FIRST READING OF ORDINANCES a. 2008 Comprehensive Plan Amendments...page 58 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP. (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461,04-462,05-490, 05-491,05-492 AND 07-558.) b. AmendinQ Red LiQht Photo Enforcement Penalty !PRHSPS5-12-09) ...page 139 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AUTOMATED TRAFFIC CAMERAS; AMENDING FWRC 8.05.090. (AMENDING ORDINANCE NO 05-508) c. Tacoma Department of Public Utilities, Water Division 1-vear Franchise Extension...page 144 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES, WATER DIVISION, AN EXTENSION TO A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION AND TRANSMISSION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF FEDERAL WAY. 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION Potential Litigation Pursuant to RCW 42.30.110(1 )0) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. **In an effort to "Think Green" 875 sheets of paper were saved by eliminating duplicate copies of the Consent Agenda supporting documents. COUNCIL MEETING DATE: May 19,2009 ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the May 1, 2009 Special Meeting, May 5, 2009 Special Meeting and the May 5,2009 Regular Meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: IZI Consent D City Council Business .~!~l!~...~.l.?2~!~y.:!Xl!t.1R.R.!.~~~~!.t!......._ Attachments: Draft meeting minutes of the May 1,2009 Special Meeting, May 5, 2009 Special Meeting and the May 5, 2009 Regular Meeting. D Ordinance D Resolution D D Public Hearing Other DEPT:lVotApplicabk 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: lV/A DIRECTOR ApPROVAL: lV/A Committee N/A Committee Council Council COMMITTEE RECOMMENDATION: lVot 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 TABLEDIDEFERRED/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 MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS - CITY HALL May 1, 2009 - 4:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 4:00 p.m. Councilmembers present: Mayor Jack Dovey, Councilmembers Kochmar, Park and Duclos. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION · Evaluation of a Public Employee Pursuant to RCW 42.30.110(1 )(g) The Council adjourned to Executive Session at 4:02 p.m. for approximately sixty minutes. Councilmember Jeanne Burbidge arrived at 4:04 p.m. Councilmember Jim Ferrell arrived at 4:07 p.m. Deputy Mayor Eric Faison arrived at 4:17 p.m. At 5:00 p.m., Mayor Dovey announced the Council would continue in Executive Session for approximately 15 minutes. The Council adjourned from Executive Session at 5:16 p.m. 3. ADJOURN With no further business before the Council, Mayor Dovey adjourned the meeting at 5:16 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes - May 1, 2009 Special Meeting Page 1 of 1 A Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall May 5, 2009 - 5:30 pm www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 5:32 p.m. Councilmember's present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jim Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge and Dini Duclos. City staff present: Assistant City Manager Bryant Enge, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. CARRY FORWARD BUDGET & LONG RANGE PLANNING Assistant City Manager Bryant Enge reviewed the financial issues facing the city at this time. With revenues not meeting projections, the City is facing an estimated 3.1 million dollar shortfall. At the April 28, 2009 FEDRAC meeting, staff presented various strategies to address the shortfall. Some of the strategies proposed were layoffs, hiring freeze, furloughs, no Cost of Living Adjustment (COLA) in 2010, program cuts, closing Dumas Bay Center, reduce contributions to reserve and replacement funds and debt financing and more. Tonight, staff presented a long range plan projecting the financial shortfalls for Council review. The Council asked clarifying questions and directed staff to create a long range plan that includes the following strategies: Photo Red Light Revenues, Shifting Utility Tax, Re-purpose Fund balances, reduce City Manager contingency fund, hiring freeze, no COLA and layoffs. Council will discuss this plan at their May 19, 2009 meeting. The Council asked staff members who were in attendance to share their thoughts the various strategies. Grea Vause, Code Compliance Officer asked the Council to allow staff to be part of the planning. Fred Konkell, Parks & Recreation Commission Chair asked the Council to keep commissioners informed on this, and other issues facing the city. Betty Simpson spoke against closing Dumas Bay. Steve Ikerd, Interim Parks Director spoke against layoffs in the Parks Department. City Council Minutes - May 5, 2009 Special Meeting Page 1 of2 Deb Barker, Planning Division, spoke against eliminating the volunteer coordinator positions and encouraged parity in decisions impacting staff. Jennifer Teeler, Volunteer Coordinator, spoke in support of volunteer programs. Mary Faber spoke against closing Dumas Bay and cutting Parks & Recreation programs. Susan Honda serves on Diversity Commission & Arts Commission. She spoke against closing Dumas Bay Center. Rick Perez, Traffic Engineer asked the Council to spread out the impact of cutbacks across the city. DwiQht Otto, Parks & Recreation Commissioner, spoke against cutting. City Clerk Carol McNeilly read a letter from staff asking the Council to spread furlough days city-wide, rather than impact one department. 3. EXECUTIVE SESSION a. Potential Litigation Pursuant to RCW 42.30.110(1 )(i) The Council adjourned to Executive Session at 6:46 p.m. for approximately ten minutes. Council member Kochmar adjourned from Executive Session at 6:49 p.m. The Council adjourned from Executive Session at 6:56 p.m. 4. ADJOURN Mayor Dovey adjourned the special meeting at 6:59 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes - May 5, 2009 Special Meeting Page 2 of2 A Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall May 5,2009 -7:00 pm www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:06 p.m. , Councilmember's present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jim Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge and Dini Duclos. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Deputy Mayor Faison led the pledge of allegiance. MOTION: Mayor Dovey moved to amend the agenda to address a Proposed Separation Agreement and the appointment of an Interim City Manager before any presentations tonight. Deputy Mayor Faison second. VOTE: Motion carried 5-2, Councilmember's Burbidge and Kochmar dissenting. MOTION: Mayor Dovey moved approval of the proposed Separation Agreement and authorize the Mayor to execute the agreement on behalf of the City. Councilmember Ferrell second. VOTE: Motion carried 5-2, Council member's Burbidge and Kochmar dissenting. MOTION: Mayor Dovey moved to appoint Police Chief Brian Wilson as Interim City Manager with a ten-percent extra duty pay increase for the period of time that he is the Interim City Manager. Council member Ferrell second. VOTE: Motion carried 7-0. 3. PRESENTATIONS a. Proclamation: Hvlebos Dav Mav 9 Councilmember Duclos read the proclamation into the record and presented it to Chris Carrel, Executive Director of the Friends of the Hylebos. b. Proclamation: Federal Way First Mav 9 Deputy Mayor Faison read the proclamation and presented it to Tom Pierson, CEO of Federal Way Chamber of Commerce. City Council Minutes - Regular Meeting Minutes Page 1 of4 c. Proclamation: Public Works Week Mav 17-23 Councilmember Kochmar read the proclamation and presented it to Public Works Director Marwan Salloum. d. Certificates of Appointment: Diversity Commission Councilmember Burbidge presented the certificates to members who were in attendance. e. Certificates of Appointment: Parks & Recreation Commission Councilmember Burbidge presented the certificates to members who were in attendance f. Presentation: Olvmpic Speed Skater JR Celski Mayor Dovey presented a certificate of recognition to Bob and Sue Celski, parents of World Champion Speed Skater and Federal Way resident JR Celski. g. Presentation: Writers Retreat Student Essav Winners Mayor Dovey invited student essay winners Vanessa Pham and Jeneva Burton to read their essays. Essay winner Jolai Persinger was unable to attend the meeting. h. South County Plan to End Homelessness Jason Johnson, Housing & Human Services Planner with City of Kent, provided statistical information for Federal Way's homeless population and reviewed the South County Plan. The Council will discuss this plan further at another meeting. i. City Manaoer Emeroino Issues & Introduction of New Emplovees Interim City Manager Wilson stated there were no emerging issues or introductions. 4. CITIZEN COMMENT Scott Chase spoke regarding the City Center Access Project. He does not feel the City accurately represented the project to the public. 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 April 7, 2009 Special Meeting, April 21 ,2009 Special & Regular Meeting APPROVED b. Monthly Financial Report (FEDRAC 4-28-09) APPROVED c. Vouchers (FEDRAC 4-2809) APPROVED d. Resolution: Adopting an Identity Theft Prevention Program for the Surface Water Utility (FEDRAC 4-28-09) APPROVED Resolution No. 09-545 e. Approval to Pursue Available Grant Funding for Traffic Safety Improvements (FEDRAC 4-28-09) APPROVED f. Approval of Energy Efficiency and Conservation Block Grant (FEDRAC 4/28/09) APPROVED MOTION: Deputy Mayor Faison moved approval of the Consent Agenda. Council member Duclos second. VOTE: Motion carried 7-0. City Council Minutes - Regular Meeting Minutes Page 2 of 4 6. COUNCIL BUSINESS a. enterpriseSeattle - Economic Development Discussion Representatives from enterpriseSeattle reviewed a proposal to create a facility/incubator focused on medical device innovation and creation in conjunction with the local hospitals and medical facilities. If successful, this would create opportunities and revenue for the City. The first phase would be a six-month market feasibility study to determine is a facility like this would be successful in Federal Way. MOTION: Mayor Dovey moved to add an item to Council Business entitled City Manaaer Search. Councilmember Duclos second. VOTE: 7-0. b. City Manaoer Search Human Resources Director Mary McDougal reviewed the recruitment process to fill the City Manager position. Councilmember's Kochmar and Burbidge publically thanked Mr. Beets for his years of service with Federal Way. Other Councilmember's echoed their comments. 7. INTRODUCTION AND ENACTMENT OF ORDINANCES a. 2009 Carry Forward and Budget Adjustments (FEDRAC 4-28-09) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WA Y, WASHINGTON, RELA TING TO BUDGETS AND FINANCE TO CARRY FORWARD FUNDS REVISING THE 2009-10 BIENNIAL BUDGET (Amending Ordinance No. 08-589 ). City Clerk Carol McNeilly read the Ordinance title into the record. MOTION: Councilmember Park moved approval of the ordinance. Councilmember Ferrell second. VOTE: Motion carried 7-0. Ordinance No. 09-612. 8. CITY COUNCIL REPORTS Councilmember Ferrell had no report. Councilmember Kochmar reported on upcoming committee meetings. Councilmember Duclos reported on recent meetings she had attended. Councilmember Burbidge reported on upcoming meetings and community events. Councilmember Park reported on upcoming meetings. The Han-Woo Ri festival is May 15-1ih. Deputy Mayor Faison had no report. Mayor Dovey reported on upcoming meetings as well as the Buds and Blooms event. City Council Minutes - Regular Meeting Minutes Page 3 of 4 9. CITY MANAGER REPORT Interim City Manger Wilson thanked the Council for the opportunity to serve in this interim capacity. He reported the Council would be adjourning to Executive Session for approximately 40 minutes, after a five minute break. 10. EXECUTIVE SESSION a. Potential Litigation Pursuant to RCW 42.30.110(1 )(i) The Council adjourned to Executive Session at 8:50 p.m. 11. ADJOURNMENT With no further business before the Council, Mayor Dovey adjourned the meeting at 9:34 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes - Regular Meeting Minutes Page 4 of 4 .~.~.~~~~_~~_~!~G._~~ T~_~a~}9~f!!l!__.________________..____________________._}!_~~_~_:__~. b_~___ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: School Zone Flashing Beacon Grant Application POLICY QUESTION: Should the City apply for a grant from the Washington State Traffic Safety Commission to install additional school zone flashing beacons? COMMITTEE: Land Use and Transportation MEETING DATE: May 4, 2009 CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution D IZI Public Hearing Other ~_l: AF!..~'!Q!!:r ~~:J_~~~~ Per~~1. P J~.:?Ci!Y.1:raffi~~l!giI.!~_eI.._ DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated May 4,2009. Options Considered: 1. Approve staff s submittal of the grant application. 2. Rescind staff's submittal of the grant application. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: &wl Committee DIRECTOR ApPROVAL: \ Council COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the May 19, 2009 City Council Consent Agenda. , ;J ~---/ ~k hmar, Chair ' Dini Duclos, Member PROPOSED COUNCIL MOTION: HI mo~o approve staff's submittal of the Washington State Traffic Safety Commission grant application to install school zone flashing beacons at elementary schools. " (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 # RESOLUfION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: May 4, 2009 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager Rick Perez, P.E., City Traffic Engineer ~ School Zone Flashing Beacon Grant Application BACKGROUND: The Washington State Traffic Safety Commission concluded from its own studies that driver compliance with the 20 mile per hour school speed limit and collision history were improved when drivers were given clear direction over when the school speed limit was in effect, and the best way to accomplish this was through the use of flashing beacons ("Speed Limit 20 When Flashing") rather than the subjective "Speed Limit 20 When Children Are Present". To help road agencies adopt this change, the Commission created a grant program that provides 50% match up to $7500 for each location that flashing beacons are installed at elementary schools. The grant would also require that the City provide education materials and targeted enforcement at the added locations. City staff has had a similar goal, and currently all but five elementary schools have school zone flashing beacons installed. The remaining five schools are all located on low volume residential streets: . Adelaide . Silver Lake . Sherwood Forest . Nautilus . Wildwood Staff has coordinated with Police and the School District to determine which schools were the highest priority and concluded that the extension of 12th Avenue SW would create the most need at Sherwood Forest. Due to the relatively late release of the call for projects, staff is still evaluating which other locations might be viable candidates for this grant program. Each location would cost between $15,000 and $20,000 to install. The adopted budget allocates $20,000 for school safety improvements in the Neighborhood Traffic Safety Program, thus limiting the number of installations for which the City could provide the match to two. The deadline for submittal of the grant applications is May 15,2009. Therefore, due to the relatively late release of the call for projects, staff will be submitting applications prior to Council approval. cc: Project File Day File COUNCIL MEETING DATE: May 19,2009 m__m_EE~M_~:__5~_r__='_~.___ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2009-2010 Neighborhood traffic Safety (NTS) Program -Bid Award POLICY QUESTION: Should the City award the 2009-2010 Neighborhood traffic Safety (NTS) Program to Tony Lind Paving LLe., with the lowest responsive, responsible quote? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 4, 2009 CATEGORY: IZI Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REpORT ~y-:_~ic~ Perez~ .E., Ci~.Jraff!~g!l~!!~~i..€_mm____?E~~:_~~lic_~~~~:________m_mmmm__'-:m_ Attachments: 1. Memorandum to the Land Use and Transportation Committee dated May 4,2009. Options Considered: 1. Award the 2009-2010 Neighborhood Traffic Safety (NTS) Program to Tony Lind Paving, LLC, the lowest responsive, responsible bidder, in an amount not to exceed $60,000. 2. Do not award the 2009-2010 Neighborhood Traffic Safety (NTS) Program to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the May 19,2009 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: ~ Committee Council DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: Forward staff recommendation for Option Council Consent Agenda. to the May 19, 2009 City PROPOSED COUNCIL MOTION: HIm to award the 2009-2010 Neighborhood Traffic Safety (NTS) Program to Tony Lind Paving, LLC, the lowest responsive, responsible bidder in an amount not to exceed $60,000. " c{l.~ Dini Duclos, Member (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 - 0210612006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: May 4, 2009 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager Rick Perez, P.E., City Traffic Engineer ftf7 2009-2010 Neighborhood Traffic Safety (NTS) Program -Bid Award BACKGROUND: On April 3, 2009, staff sent a request for a unit price quote (RFQ) to all contractors on the small works roster and other contractors who have the capabilities of executing neighborhood traffic calming devices within pre-determined deadlines. Four (4) quotes were received and opened on April 24, 2009. See the attached Exhibit A, Bid Tabulation Summary. Tony Lind Paving LLC, who was a sub-contractor for the 2007-2008 City Wide Pavement Marking Project to install asphalt and concrete components, was the lowest responsive responsible quote. Exact quantities and locations for this small project will be determined throughout the work year. Funding for such discretionary work is included in the 2009/2010 operating budget at $60,000 for two years. 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C E E E E E E ~ ~ ~ ~ 888 !::-e-e-e ::l ::l ::l U U 0 2i 2i ~ <l:: <l:: <l:: m '0 C m '0 C .>Z ~ Q) "0 U5 s Ul C s Ul C .>Z ~ Q) -0 U5 m '0 C .>Z m ~ Q) "0 U5 ~ Ul C o 0 00 o 0 10 0 ....... 10 fh fh o o 10 10 <0 fh o 0 o 0 o 10 0> 0> 10.,,- fh fh o o o o o o 0 o 0 00 10 0 co I'- fh ER- 00 00 o 0 o 10 10 N ..- ..- fh ER- <:' m ~ ~ ~ Q) a; 0. E o U Q) Q) a; a; a. a. E E o 0 U U ;x:.- .:L m m ~ ~ Q) Q) "0 "0 00 U5 o (; a. a. E E '" '" a:: a:: .a .n :J :s U U Ql Q) > > o 0 E E Q) Q) a:: a:: '- o a. E '" a:: -e ::l U Q) > o E Q) a:: o o o o .,,- fh o o 0> o co co '<t fh o I'-: <D '<t co co C") fh o co ..- o "':. C") C") fh I.() o '<t C") C") o I'- fh (ij (5 I- COUNCIL MEETING DATE: S/19/2009 ITEM #: S. d . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GREATER FEDERAL WAY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ADOPT THE GREATER FEDERAL WAY COMMUNITY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN? COMMITTEE: PARKS, RECREATION AND PUBLIC SAFETY MEETING DATE: 5/12/2009 CATEGORY: D Consent D City Council Business STAFFREpORTBY: RAYGROSS D Ordinance X Resolution D D Public Hearing Other DEPT: PUBLIC WORKS Attachments: 1) MEMORANDUM 2) EXECUTIVE SUMMARY 3) DRAFT RESOLUTION Options Considered: 1) APPROVE DRAFT RESOLUTION 2) DISAPPROVE DRAFT RESOLUTION AND PROVIDE DIRECTION TO STAFF. STAFF RECOMMENDATION: APPROVE OPTION 1 CITY MANAGER APPROVAL: ~ Committee Council DIRECTOR APPROVAL: ~ Committee Council COMMITTEE RECOMMENDATION: 0 jOt\ O~ \ ~,6~~~~_ ~ J Committee ChaIT ?.. Co e ." ember PROPOSED COUNCIL MOTION(S): Move to approve resolution as written or as amended by committee. Committee Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDffiEFERREDINO 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 PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: April 27, 2009 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Ray Gross, Emergency Management Coordinator Via: Neal Beets, City Manager Subject: Greater Federal Way Community Comprehensive Emergency Management Plan Back!!round: The National Incident Management System (NIMS) required local, county; and state emergency management organizations to review, update and ensure that their emergency management plans were in compliance with NIMS. Member Agencies of the Greater Federal Way Emergency Management Program which includes the City of Federal Way, Federal Way Public Schools, Lakehaven Utility District, and South King Fire & Rescue began work on the Greater Federal Way Community Comprehensive Emergency Management Plan in 2007 to ensure that the plan was current and in compliance with all NIMS standards. Applicable parts of the plan have been tested in drills and table top exercises while other parts of the plan have been updated with current phone numbers, communication systems upgrades and other updates required by NIMS. COMPREHENSIVE EMERGENCY MANAGEMENT PLAN TABLE OF CONTENTS I. MISSION A. Purpose, Goals, Definitions .... ........... ...... ... ..... ... .......... B. Authorities, Guidance Documents, Agreements .................. C. Situations ... ....... .................. ... ... .,. ...... .................... D. Assumptions.. ..... ...... ... ... ... ... ... ... ...... ... ......... ... ....... E. Limitations .......... ... ... .............. ........ ..... ... ... ... ...... ... II. ADIVHNISTR1.<\TION A. General. .. . .. . .. . . . . . . . .. . .. . . .. . .. . . .. .. . .. . .. . .. .. . . . . . .. . . .. .. . .. .. ... B. Policies. ...... ... .. . ... ... .... . . ..... . . .. . . .... ... ... .. .. ... .. . . .. .. .... C. Administration .................................................... ..... D. Fiscal.................................................................... E. Logistics. . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . .. . . .. F. Plan Maintenance & Distribution.................................... III. PROFILE, ORGANIZATION AM) RESPONSIBILITIES A. Profile of the Greater Federal Way (GFW) Community......... B. Organization of the GFW Emergency Management Program... C. General Organizational Responsibilities............................ IV. DIREC'nON AND CONTROL A. General. . .. .. . .. . .. .. . .. . . . .. . . .. .. . . . . .. . .. . . . .. . . .. . . . . .. . . .. . . . .. . . .. . B. Crisis Monitoring............. ........ ............................ ..... C. Levels of Emergency... .... ... ...... ..... ....... .................. .... D. On-Scene ManagementJICS ..................................._...... E. Emergency Operations Center (EOC) Activations and Staffing. F. Continuity of Operations... ....... ... ......... ... .............. ....... G. Facilities. . . .... .. . ... . .. .. . . .... . .. . . .. ... .. . ... ... . .. ... ... .. . . .. .. . .... H. Continuity of Government .................. ...... .... ......... ....... V. CONCEPT OF OPERATIONS A. General.. . . .. . .. . . .. . .. .. . .. . .. .. . . .. .. . . .. . . .. . . . .. . . .. . .. . . . .. . . .. .. .. . B. Emergency Management Phases ..................................... C. Functional Annex Concept ..................:......................... VI. ANNEXES A. Hazard Identification V ulnerability Assessment. . .. ... .. .. .. ... .. B. GFW EOe Operat.ions (ESF-l ,3,4,5,9,1 0, 13) .. _.................. C Emergency Public InfornlRtion (ESP-I5) ........................... D. Communications & \Varnings (ESF-2) ....._........................ E. Evacuation '" ............. ............... ................................ F.Mass Care & Sheltering (ESF..6) ..................................... page 1 page 3 page 3 page 4 page 5 page 6 page 6 page 6 page 7 page 7 page 7 page 9 page 17 page 18 page 27 page 28 page 28 page 28 page 29 page 30 page 31 page 31 page 33 page 33 page 35 page 37 page 89 page 176 page 181 page 185 page 196 G. Vohmte(~r Emergency Workers ....................... .... ............ H. Resource Mana.gement (ESF-7) ............. .......... ............ ~... I. Donations Management................................................ J. Debris Management... ... ....... ... ... ......... .,. .......... ...... ...... K. Recovery Operations (ESF-14) ........................................ L. Severe 'vVeather . . .. .... . . . . . . .. ... . . . .. . . . . . . . . . ... . . . . .. ........ .. . . . ... M. Earthquake. . . . . . . .. . . . . . . . .. . ... . . . . .. . .. . . . . . . . . . .. . . . . . . . . . . . .. . .. .. .. . 11 page 214 page 220 page 226 page 233 page 242 page 247 page 268 BASIC PLAN lR~ll1rn to Table ofC<mtenhl I. MISSION A. Purpose 1. Purpose, Goals, Definitions a. The purpose of the Greater Federal Way (GFW) Comprehensive Emergency Management Plan (CEMP) is to provide guidance for the GFW Member Agencies (City of Federal Way, Federal Way Public Schools, Lakehaven Utility District, and South King Fire and Rescue) response to extraordinary emergency situations associated with natural, man-made disasters and technological incidents. This plan does not address ordinary day-to-day emergencies or the established agency/departmental procedures used to cope with such incidents. Rather, this all hazards plan concentrates on management concepts and response procedures relative to large-scale emergencies or disasters. Such emergencies or disasters pose major threats to life, the environment and property, and can impact the well being of a large number of people for long durations of time. b. This plan provides for an orderly means to prevent or minimize, prepare for, respond to, and recover from emergencies or disasters that threaten life, property, and the environment within the service areas of the GFW Member Agencies. 1) Identifying major natural and manmade hazards, threats to life, property, and/or the environment that are known or thought to exist. 2) Assigning emergency management responsibilities and tasks. 3) Describing predetermined actions to be taken by agencies/departments, and other cooperating organizations and institutions, to eliminate or mitigate the effects of these threats, and to respond effectively and recover from an emergency or disaster. 4) Providing for effective assignment and utilization of local government employees. 5) Documenting the current capabilities and eXIstmg resources of agencies/departments and other cooperating organizations and institutions which must be maintained to enable accomplishment of those predetermined actions. 6) Providing for the continuity of local government during and after an emergency or disaster. 7) Enhance cooperation (mutual aid agreements and memorandums of understanding) and coordination with cooperating community agencies, neighboring jurisdictions, and state and federal agencies. 8) Providing for an emergency planning team comprised of representatives from all departments as identified and utilized through this plan development for containing review and revision of the plan; exercise planning and evaluation; and reviewing and offering recommendations on emergency management initiatives. c. This plan provides guidance for: 1) Mitigation, preparedness, response, and recovery policy and procedures. 2) Emergency and disaster responsibilities. 3) Training and public education activities. d. This plan is strategic and "responsibility oriented," and addresses: 1) 2) 3) 4) 5) 2. Goals Coordinated response and recovery actions. Pre-deployment and deployment of resources. Communications and warning systems. Training and exercise program of the plan. Defined responsibilities for departments/agencies through a "Functional Annex" approach to planning and operations. a. Develop citizen self-sufficiency. b. Develop first responder and GFW EOC staff capabilities. c. To have a plan that will guide organizational behavior during emergencies or disasters. d. Create a framework of interagency and community-wide cooperation to enhance disaster mitigation, preparedness, response, and recovery. 3. Definitions a. The term "emergency" as used in this plan means a set of circumstances which demand immediate action to protect life, preserve public safety, health and essential services, or protect property and the environment. b. "Disaster" means the situation requires all available local government resources and/or augmentation, and is beyond the capabilities of the GFW Member Agencies. A state of "emergency" or "disaster" can be proclaimed by the City Mayor, City Manager, or the Emergency Manager. B. Authorities, Guidance Documents, Agreements 1. Authorities a. Federal Public Law 93-288, Disaster Relief Act of 1974, as amended Public Law 920, Federal Civil Defense Act of 1950, as amended Public Law 96-342, Improved Civil Defense Act of 1980 b. State Revised Code of Washington (RCW) 38.52, 35.33.081, and 35.33.101 Washington Administrative Codes (WAC) 118.04, 118.03, and 296- 62-3112 c. Local Federal Way Resolution No. 91-090 Federal Way Resolution No. 05-453 Inter-local Agreement AG No. 98-179 Inter-local Agreement AG No. 05-131 2. Guidance Documents National Response Framework FEMA Independent Study Course Emergency Planning 2006 State of Washington Emergency Management CEMP Guide 2007 3. Agreements King County Regional Disaster Plan Memorandum of Understanding with the American Red Cross (King & Kitsap Chapters) Memorandum of Understanding with King County Parks Memorandum of Understanding with the Federal Way Amateur Radio Club Letter of Authorization with Lakehaven Utility District Letter of Authorization with the State of Washington Emergency Management Division C. Situations 1. Hazard Analysis a. The GFW Hazard Vulnerability Analysis (Annex A) provides details on local hazards to include type, effects, impacts, risk, capabilities, and other related data. b. Due to its location and geological features, the GFW community is vulnerable to the damaging affects of certain hazards that include, but are not limited to: Natural. Extreme cold, extreme heat, urban-interface fire, localized urban flooding, land shift (earthquake and/or landslide), snow/ice/hail, windstorm, and epidemic/pandemic. Technological. Hazardous materials (fixed facility, transportation), fire/explosion, building/structure collapse, power/utility outage, transportation accident (aircraft, motor vehicle). Civil/Political Disorder. Economic emergency, riot, strike, demonstration/special events, terrorism/sabotage, hostage situation, attack (conventional, nuclear, biological, chemical). D. Assumptions 1. That governmental officials within the GFW community recognize their responsibilities regarding the safety and well being of the public and they will assume their responsibilities when the GFW Comprehensive Emergency Management Plan is implemented. 2. General Conditions When a community experiences a disaster, its surviving citizens fall into three broad categories: a. Those directly affected through personal or family Injury or property damage; b. Those indirectly affected by an interruption of the supply of basic needs; and c. Those that are not personally impacted. These guidelines were designed to promote CItizen self-confidence and independence in the face of a disaster. Following these guidelines will allow the GFW Emergency Management Program to concentrate first on helping those citizens directly affected by a disaster. 3. It is strongly encouraged that each individual or head of a household develop a family disaster plan and maintain the essential supplies to be self-sufficient for a MINIMUM of72 hours. 4. Businesses are encouraged to develop internal disaster plans that will integrate and be compatible with local government resources and this plan. NOTE: This plan is not intended to limit or restrict initiative, judgment, or independent action required to provide appropriate and effective emergency and disaster mitigation, preparation, response, and recovery. E. Limitations 1. It is the policy of the GFW Emergency Management Program that NO guarantee is implied by this plan. Because local government assets and systems may be damaged, destroyed, or overwhelmed, the GFW Emergency Management Program can only endeavor to make responsible efforts to respond based on the situation, information, and resources available at the time. 2. Adequate funding and staffing is needed to support this plan and its programs. The performance of the assigned tasks and responsibilities will be dependent on appropriations and funding to support the plan. Lack of funding and/or staffing will degrade the services envisioned under this plan. RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, adopting the Greater Federal Way Community Comprehensive Emergency Management Plan. WHEREAS, the City of Council of Federal Way has recognized the need to pro actively prepare in the event of an emergency or disaster as shown by funding the regular full time position of Emergency Management Coordinator, by funding a generator at the Federal WayCorrnnunityCenter; and by funding the equipment for an Emergency Operations Center; and WHEREAS, the City Council of Federal Way are concerned with the health, safety, and well being of the residents of Federal Way and desire that the best possible emergency service be available to them; and WHEREAS, the Washington Revised Code 38.52.070 authorizes and directs each political subdivision to establish a local organization in accordance with the state comprehensive emergency management plan which addresses its planned response to emergency situations; and WHEREAS, the Greater Federal Way Cormnunity Comprehensive Emergency Management Plan has been developed with input from local agencies and tested in drills and exercises. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section I. Adoption. The City of Federal Way adopts the Greater Federal Way Community Comprehensive Emergency Management Plan, to include response and recovery plans and procedures for natural, technological and human caused disasters in the City of Federal Way. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be Resolution No. 09- Page 1 of3 Rev 3/09 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, W ASIllNGTON this day of ,2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Resolution No.09- Page 20f3 Rev 3/09 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 09- Page 3 of3 Rev 3/09 COUNCIL MEETING DATE: May 19,2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT DSHS/DDD POLICY QUESTION: Should the Council approve the City entering into an Interlocal Agreement for Individual and Family Services Program to fund recreational programs for individuals with disabilities? COMMITTEE: PRHSPSC MEETING DATE: May 12,2009 CA TEGORY: IZI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!.~~~..~!'.2~!...~Y.:!?~?.!i~~g?,.~~~E~(l!}?~...~~P~!:Y!~?E......mmm~~~!.~.~~~.S . ...... ..mmmm.. The City of Federal Way and the Department of Social and Health Services/ Division of Developmental Disabilities (DSHS/DDD) have had an Interlocal Agreement to fund inclusive recreation programs. This agreement provides funding of approximately $5,000.00 yearly, for low income individuals with disabilities to participate in recreation programs. Attachments: Interlocal Agreement with the City and DSHS/DDD. Options Considered: 1. Accept the Interlocal Agreement with the DSHS/DDD and authorize staff to enter into a three year agreement for services. 2. Provide alternate direction to staff. STAFF RECOMMENDATION: Staff recommends Council approval of option 1. to Council DIRECTOR ApPROVAL: ~I:- to Committee CITY MANAGER ApPROVAL: ~ to Committe~ To Council COMMITTEE RECOMMENDATION: Approval of option: l .... - Committee Member PROPOSED COUNCIL MOTION: "I move to acceptance of the Interlocal Agreement between the City of Federal Way and DSHS/DDD for funding inclusive recreation programs and authorize staff to enter into a three year agreement for service. (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 # " . 7~WQshjnKIQnSt"t. DEPARTIVIENT OF SOCIAL&HEALTH SERVICES INTERLOCAL AGREEMENT DSHS Agreement Number: 0964-60030 Individual and Family Services Program RECREATIONAL OPPORTUNITIES This Agreement is by and between the State of Washington Department of Social and Health Services (DSHS) and the Contractor identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. CONTRACTOR NAME Program Contract Number: Contractor Contract Number: SSPS# 104021 CONTRACTOR doing business as (DBA) Cit of Federal Wa CONTRACTOR ADDRESS WASHINGTON UNIFORM . BUSINESS IDENTIFIER (UBI) DSHS INDEX NUMBER PO Box 9718 70364 Federal Wa , WA 98063-9718 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Kevin Hutchinson DSHS ADMINISTRATION DSHS CONTRACT CODE Aging and Disability Services Administration DSHS CONTACT NAME AND TITLE Division of Developmental Disabilities 1760LP-64 DSHS CONTACT ADDRESS Linda Sheehan Contracts Manager DSHS CONTACT TELEPHONE 1700 E Cherry St - DDD Seattle, WA 98122 DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS sheehlw CFDA NUMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 3/25/2009 2/29/2012 Fee For Service EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: o Exhibits (specify): IZI No Exhibits. The terms and conditions of this Agreement are-an .' understanding betWeen the parties supers . or otherwise regarding the subject matter they have read and understand this Agre be bindi on DSHS onl u on si nature b . . . . $. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED John Cordy, Business Manager,DDD DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 1 DSHS General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definition~: a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Confidential Information" means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is noUimited to, Personal Information. c. "Contract" or "Agreement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. d. "Contracts Administrator" means the manager, or successor, of Central Contract Services or successor section or office. e. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. f. "Debarment" me~ns an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. g. "DSHS" or the "Oepartment" means the sti:lte of Washington Department of Social and Health Services and its employees and authorized agents. h. "Hardened Password" means a string of at least eight characters containing at least one alphabetic character, at least one number and at least one special character such as an asterisk, ampersand or exclamation point. i. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers. j. "Physically Secure" means that access is restricted through physical means to authorized individuals only. k. "Program Agreement" means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. I. "RCW" means the Revised Code of Washington. All references in this Contract to RCWchapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/. m. "Regulation" means any federal, state, or local regulation, rule, or ordinance. n. "Secured Area" means an area to which only authorized representatives of the entity possessing DSHS Central Contract Services 1760lP IFS Recreational Opportunities (10-27-08) Page 2 DSHS General Terms and Conditions the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers (such as a filing cabinet) within a room; as long as access to the Confidential Information is not available to unauthorized personnel. o. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. p. "Tracking" means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. q. "Transport" means the movement of Confidential Information from one entity to another, or within an entity, that (1) places the Confidential Information outside of a Secured Area or system (such as a local area network) and (2) is accomplished other than via a Trusted System. r. "Trusted Systems" include only the following methods of physical delivery: (1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt, (2) United States Postal Service ("USPS") first class mail and also delivery services that include Tracking, such as Certified Mail; Express Mail or Registered Mail (3) commercial delivery services (e.g. FedEx, UPS,DHL) wtiichoffer tracking and receipt confirmation; and (4) the Washington State Campus mail system. The Washington State Governmental Network (SGN) is the sole electronic Trusted System. Any other delivery method will not be deemed a Trusted System. s. "Unique User 10" means a string of characters that identifies ~ specific user and which, in conjunction with apa"s5word, paSsphra$e '6r6the{ rriech~fnism, authenticates a user to an information system. t. "WAC" means theWashil1gton Administrative Code. All references in thisContractto WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/. 2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party without the prior written consent of OSHS. 4. Billing Limitations. a. OSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of WaShington or any other party for the same services. 5. Compliance with Applicabl~ Law. At all times during the term of this Contract, the Contractor shall DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 3 DSHS General Terms and Conditions comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. 6. Confidentiality. a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: (1) as provided by law; or, (2) in the case of Personal Information, with the prior written consent of the person to whom the Personal Information pertains. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: (1) Limiting access to staff that have an authorized business requirement to view the Confidential Information (2) Physically Securing any computers, documents or other media containing the Confidential Information; and (3) Encrypting 8,11 Confidential Information that is stored on portable devices including but not limited to laptop computers and flash memory devices. (4) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request by DSHS or at the end of the Contract term, the Contractor shall return the Confidential Information or certify in writing that the Contractor employed a DSHS approved method to destroy the information. Contractor may obtain information regarding approved destruction methods from the DSHS contact identified on the cover page of this Contract. d. Paper documents with sensitive or confidential data may be recycled through a contracted firm provided the contract with the recycler specifies that the confidentiality of data will be protected and the data destroyed through the recycling process. Paper documents containing confidential information requiring special handling (e.g. protected health information) must be destroyed on-site through shredding, pulping, or incineration. e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared data must be reported to the DSHS Contact designated on the contract within one (1 ) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law. 7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 4 DSHS General Terms and Conditions Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 8. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 9. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himselflherself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. 11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not Iimitedlo, accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or terminati9,~_~! t~~s Contract. Without agreeing that litigation or claims are legally authoriz;ed, if any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. 13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect. 14. Survivability. The terms and conditions contained in this Contractor any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 5 DSHS General Terms and Conditions 16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the DSHS Chief Administrative Officer or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional General Terms and Conditions -Interlocal Agreements: 17. Disputes. Disputes shall be determined by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms, and applicable statutes and rules and make a determination of the dispute. As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process shall control. Participation in either dispute process shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties. 18. Hold Harmless. a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 19. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire"; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 20. Subrecipients. a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management and Budget (OMB) Circular A-133 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 6 DSHS General Terms and Conditions agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; (5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; (6) Comply with the applicable requirements of OMS Circular A-87 and any future amendments to OMB Circular A-87, and any successor or replacement Circular or regulation; and (7) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www.oio.usdoi.oov/ocr/for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $500,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the DSHS contact person the data collection form and'reporting package specified in OMS Circular A-133, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular A-133, prepare a "Summary Schedule of Prior Audit Findings." c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with OMS Circular A-87. 21. Termination. a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not.corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party. b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 7 DSHS General Terms and Conditions 22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's.personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and/or the client's guardian or custodian all of the client's personal property. DSHS Central Contract Services 1760lP IFS Recreational Opportunities (10-27-08) Page 8 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Client" means an individual who is approved to receive ODD services. b. "ODD" means the DSHS Divisiorlof Developmental Disabilities. c. "Individual Support Plan" or "ISP" is a document that authorizes the ODD paid services to meet a client's needs identified in the ODD assessment for whom the Contractor is authorized to provide services. d. "Individual and Family Services" or "IFS" means services to benefit a ODD client and/or the Family, including but not limited to: Recreational Opportunities, Excess Medical Costs, Co- Pays for Medical and Therapeutic Services, Therapy Services, Specialized Nutrition, ParenUsibling education, Specialized Clothing, Equipment/Supplies, Architectural/vehicular modifications, Training and Transportation. e. "Primary Caregivers" is the formal or informal caregiver who provides the most support. f. "Protective Supervision" means supervision to ensure the safety and well being of a client, exclusive of those responsibilities, which should be assumed by a legal guardian. g. "Recreation opportunities" mean activities that may be available to children and adults with developmental disabilities in their communities such as camps, YMCA activities, or day trips, etc. h. "SSPS" means the Social Service Payment System. '2. .... . "-'Pi'irpose: ThepurposeofinhfContractisfc:fproviderecreat ional6pportunities per WAC 388-832 that may be available to children and adults with a developmental disability such as summer camps, YMCA activities, day trips or typical activities available in your community. Recreational opportunities may include memberships in civic groups, clubs, crafting classes, or classes outside of K-12 school curriculum or sport activities. 3. Qualifications. a. The Contractor shall be licensed, registered, and certified as is required by law. b. The Contractor agrees to undergo a criminal history background check conducted by DSHS, as required by RCW 43.20A.710. If the Contractor has employees or volunteers who will have unsupervised access to Clients in the course of performing the work under this Contract, the Contractor will conduct criminal history background checks on those employees. 4. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. Upon receipt of and in accordance with the provisions of a written service authorization form issued by DSHS the Contractor shall: (1) Provide physical assistance, support and supervision to the client in daily routine activities and to prevent injury to him or herself and to others; DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 9 (2) Obtain information about the client's essential care requirements from the parent(s) or primary caregiver(s) and ensure that the client's needs are met while providing services; (3) Contact the client's parent or primary car~giver(s) if the Contractor has not heard from them within seven (7) days of the Contractor's receipt of the service authorization to make arrangements for specific dates and times of care; (4) Make arrangement with the primary provider of a.ssistance for emergency medical treatment should this become a necessity at some future time; (5) Provide protective supervision for the client at all times the Contractor is engaged in providing services; (6) Inform the parent(s} or primary caregiver(s) of any unusual incidents (as defined above) that occur while providing services; (7) Maintain copies of all Social Service Payment System (SSPS) authorizations to provide services; b. In addition to the above, the contractor may also provide as authorized the following: (1) Provide the client transportation to and from community resources and recreational activity. (2) Provide written progress reports as requested by a DOD Case Resource Manager or per other DOO procedures. c. Complete andmaintain copies of the work verification records for all services provided. These records shall be kept on file by the Contractor for the duration of this Contract and thereafter for a period of 6 years and will be available to OSHS upon request for purposes of audit, monitoring and/or service verification. d. The Contractor shall provide care that assists, in a safe manner, client participation. (1) Understand specific directions for providing the care that an individual client requires; (2) Provide services within the scope of practice for their profession/skill level; (3) Observe the client for change in health status, including weakness, confusion, and loss of appetite; (4) Identify problem situations and take appropriate action; (5) Respond to emergencies without direct supervision; and (6) Accept the client's individual differences and preferences when performing routine tasks. e. ODD clients and their families shall not be requested or required to sign, in any form, a release of liability waiver for any services provided. f. The Contractor shall ensure that they or their care providers possess the following minimum qualifications: DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 10 (a) Be eighteen (18) years of age or older; (b) Possess the following minimum standards of knowledge and experience: (i) General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindliness and caring to the client; and (ii) Knowledge of when and how to contact the client's representative and the client's case manager. (c) Adequate skills to read, either directly or through an interpreter, understand, and implement the service's authorized plan; (d) Adequate communication skills to convey and understand, either directly or through an interpreter, information required to implement the client's written service plan and verbal instructions; and (e) Adequate skills to maintain provider records of services performed and payments received. g. The Contractor shall ensure that the care providers are able to: (1) Understand specific directions for providing the care that an individual client requires; (2) Provide services within the scope of practice for their profession/skill level; (3) Observe the client for change in health status, including weakness, confusion, and loss 'of:'appetite;' ..'. ""'~"'''''-'''''''''''...I ,....,-.>.......; " '-""''''<'''..~~.'....,.;;..,..... (4) Identify problem situations and4ake appropriate action; (5) Respond to emergencies without direct supervision; and (6) Accept the client's individual differences and preferences when performing routine tasks. h. Cooperate with DSHS in the evaluation of their performance under the terms of this Contract including the following: (1) Follow-up contact with clients and their families, regarding their satisfaction with the services provided; (2) Investigation and documentation of all complaints about the service provided; and (3) Periodic monitoring of service documentation records and of billing and payment data on SSPS. 5. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract shall be based on the following: Recreational Opportunities will be reimbursed at the Contractor's published fee for services provided. A copy of the Contractor's Published Service and Fee Schedule can be located at the following web site: ; if applicable. A printed copy of the Contractor's Published DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 11 Service and Fee Schedule shall be maintained in the Contractor's Contract file for each year services are provided by this Contract. 6. Billing and Payment. a. DSHS shall issue invoices generated by SSPS to the Contractor. b. The Contractor shall indicate on each invoice received from DSHS whether the services were delivered. c. The Contractor shall submit the invoices for payment as directed on the invoice or by using Invoice Express. d. The Contractor shall contact the DSHS staff who authorized the services if there is any problem with the SSPS invoice. e. DSHS shall use the completed SSPS invoice to generate payment to the Contractor. f. DSHS shall not pay the Contractor for cancelled or missed appointments, nor for scheduled hours of service when clients are not seen or served by the Contractor. g. DSHS will only reimburse the Contractor for authorized services provided to clients in accordance with this Contract's Statement of Work and the client's IFS Plan. If DSHS pays the Contractor for any other services, the amount paid shall be considered an overpayment and must be returned to the Department. h. If DSHS pays the Contractor for services authorized but not provided by the Contractor the amount paid shall be.considered to be an overpayment. i. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and provided through the date of termination. 7. Duty to Report Suspected Abuse. In addition to the preceding Services, the Contractor shall report, in accordance with state law, all instances of suspected Client abuse immediately to the Department at the current state abuse hotline (1-800-562-6078). 8. Duty to Report Unusual Incidents. The Contractor shall submit written information of any unusual incident to the ODD Resource Manager or the DSHS contact listed on page 1 of this Contract within seventy-two (72) hours. 9. Duty to Report Death of Clients. The Contractor shall report all deaths of DSHS clients receiving services from the Contractor within twenty-four (24) hours to the DDD Resource Manager or the DSHS contact listed on page 1 of this contract. 10. Drug Free Workplace. The Contractor, and the Contractor's employees and sub-contractors, shall abstain from the use of alcohol and illegal drugs in the workplace and in the performance of their duties.. DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 12 11. Insurance. a. DSHS certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: D The Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable; or . D The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this Agreement. . Commercial General Liability Insurance (CGl) - to include coverage for bodily injury, property damage" and contrc,!ctualliability, with the following minimum limits: Each Occurrence ~ $1,000,000; Gener~I,Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products:"completed operations, personal injury, advertising injury, and liability assumed 'under an insured contrc,!ct. The State ofWasl1lngton, DSHS, its el~cted and appointed officials,. agents, and erl1ployeesshall be n~m~~ as additional' insureds..' DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) Page 13 COUNCIL MEETING DATE: 19,2009 ITEM #:~. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: A Measured Expansion of the Red-Light Photo Enforcement Program. POLICY QUESTION: Should the City expand the current red-light photo enforcement program, by adding new cameras, including new speed cameras in designated school zones. COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee - (PRHS&PS) CATEGORY: IZI Consent D City Council Business MEETING DATE: May 12,2009 D Ordinance D Resolution D D Public Hearing Other COl\1MANDER DEPT: Police Department STAFF REpORT By: STAN Attachments: 1. PRHS&PS Staff Memo Options Considered: 1. Expand the current Red-Light Photo Enforcement Program by adding three new red-light cameras and three speed cameras in designated School Zones. 2. Continue with the existing four-camera Red-Light Photo system mmmmmmmm:J/i5~J~tr4ff>l)cJ1 STAFF RECOMMENDATION: #1 Expand our four-camera system to a ten-camera systemp {.J 1~vY't LJ.iv.lf~ CITY MANAGER APPROVAL: ~ DIRECTOR APPROVAL: Ci:.i7V- ~ Committee Council Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option L Committee Member PROPOSED COUNCIL MOTION: ('1 move that the City proceed with the recommended expansion plan of our current Red-Light Photo Enforcement Program, by adding three new red-light cameras at specified locations and three speed cameras in designated School Zones. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLEDIDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINA.,~CE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: May 12, 2009 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manager Brian J. Wilson, Chief of Police SUBJECT: Red-Light Photo Enforcement Program - Status & Recommended Expansion Back2round (Summary of the Program) Intersection safety is a priority for the Police Department and through Red Light Photo Enforcement, (RLPE), municipalities can now use available technology to focus on citizen compliance with traffic control devices at intersections. Staff invested more than a year researching the advantages and disadvantages of RLPE Programs. Research was also conducted into the public's perception, and acceptance of, red light traffic cameras and the potential vendors available to provide this type of traffic safety technology. In February 2007, staff recommended to the City Council that the City enter into a one-year Red Light Photo Enforcement 'pilot' Program. Council agreed with staffs recommendation to proceed with a program under Seattle's contract with American Traffic Solutions (A TS) and the City entered into negotiations with ATS in December of2007. The Federal Way Municipal Court also entered into a partnership with A TS to perform specific administrative functions for photo enforcement proceedings. Specific procedures were established to help define the partnerships and to outline the various responsibilities for this pilot program. Two target intersections were identified, (3201h & Pacific Highway South and 348th and Enchanted Parkway), where red light violations were occurring. Research was conducted to install the necessary camera equipment and the City Council authorized a one (1) year pilot program ofRLPE, which began near the end of August, 2008. Weare confident that the contract with A TS is appropriate and the fees included are reasonable. Our current program is 100 percent violator funded. There is a local service team for maintenance and repair with responsive technical support. October '08 $23,074.42 November '08 $19,477.00 December '08 $19,628.50 Janua '09 $19,637.50 Februa '09 $19,564.00 March '09 $19,703.50 Revolvin Totals $121,084.92 *Average net revenue/month = $61,981.65 $21,114.58 $59,043.00 $78,802.50 $73,566.00 $61,863.00 $77,500.85 $371,889.93 * Recommendations: The available data suggests that our RLPE is achieving the desired voluntary compliance we anticipated and also supports our recommendation to move forward with a measured expansion of the existing RLPE Program. Upon completion of a new VIMS study, by A TS, we recommend expanding our existing Red- Light Photo Enforcement Program in the following way: -Add three(3) new Red-Light Photo cameras - two(2) new cameras at the 320lh & Pacific Hwy S. intersection covering the north and south approaches, based upon VIMS data; and one(l) new camera at 312lh & Pacific Hwy S., bringing the total number of red-light photo cameras to seven(7). We also recommend adding three (3) new Automated Photo Speed Enforcement (APSE) cameras in following selected School Zone areas: -SW 320th at Twin Lakes Elementary; -21 51 Ave. South of SW Campus Drive; -1 51 Ave. at Panther Lake Elementary; The three (3) new APSE, 'speed' cameras at these selected school zone locations are based upon our internal violation statistics. APSE cameras will provide diversification to our technology enforcement initiatives and will free up Traffic officers for other critical emphasis and enforcement operations in the City. Automated Photo Speed Enforcement (APSE) Cameras How do APSE Cameras work, in contrast to Red-Light Photo cameras? Red-light and Automated (fixed-site) Photo Speed camera systems use the same core technology and hardware. Both systems use high-resolution, digital color photography. The Axsis™ Fixed- Site Speed Camera system is designed for a high level of accuracy. For a vehicle moving at 60 miles per hour, the system is accurate to less than:l::l mph. The system's speed detection technology either is synchronized with flashing school zone lights or set on a timer to ensure violations are captured during school hours, as allowed by law. How it Works 1. A speeding vehicle crosses sensors embedded in the pavement just before entering the school enforcement zone. 2. If a vehicle meets or exceeds the speed criteria established by the city, the system camera captures a first image. 3. Based on a fixed distance calculation, the system camera captures a. second confirmation Image. 4. With each image, the system records relevant violation data such as the location, date, time (in tenths of seconds), speed, and posted speed. 5. The system also records a 12-second video clip of each violation. 6. Trained Federal Way Police Officers, who authorize issuance of citations, would review and compare the images, data, and video to confirm the speed violation. Automated Photo Speed Enforcement (APSE) is just one of many tools law enforcement has to influence driver behavior and reduce vehicle speed. Photo radar systems 2 typically operate on set speed thresholds, (e.g., 11 mph or more over the posted speed limit), only capturing images of motor vehicles moving at or above the established threshold. When a violation occurs, the system captures speed data, as well as images of the motor vehicle at the time of the violation. Citations are then issued through the mail to the registered owner of the vehicle after a review of the vehicle and registration information is completed. Photo enforcement technology does not replace traditional methods of traffic enforcement. Rather, it serves as a supplement to traditional traffic enforcement techniques, in addition to educational and engineering efforts designed to enhance traffic safety. The Police Department will continue to measure and evaluate the effectiveness of the red-light photo enforcement program with regard to safety, traffic flow and citizen compliance with traffic control devices and will provide Quarterly status reports along with any recommendations. Costs: Installation of new RLPE and APSE camera equipment will require renewed coordination with Public Works for design review and permit approvals. The additional equipment required for this recommended expansion can be installed using red-light photo revenue. The monthly fee for an APSE camera is the same as for an RLPE camera. The fee for 10 camera systems, recommended in this expansion plan, is estimated to be approximately $49,000 per month. Our current average net revenue is approximately $61,900 per month. Management of this program continues to require commissioned officer time to review and approve or reject each captured/recorded violation. Currently, the four red-light cameras in operation at the two intersections demand 50-60 hours per month of officer timeI. This recommended expansion of our Photo Enforcement Program is anticipated to at least double the required staff time to manage. The estimated program management time (with 10 cameras) will be 100 to 120 hours per month. We recommend setting aside sufficient red-light photo revenue to off-set this increased operational cost in overtime dollars each month. Other alternate intersections will be continuously evaluated for violation data and camera placement in the future, particularly along the Pacific Highway South corridor where a significant number of traffic collisions occur. I-According to ATS, our Traffic Officers spent the following amount of time viewing & approving red-light violations: During the 'warning period' - (08/25-09/24) = 125.52 hours. During the 4th Quarter- (Oct, Nov, Dee) = 169.90 hrs. (56.6 hours of on-duty time per month). 3 COUNCIL MEETING DATE: May 19,2009 ITEM #: . .-5.'8-.- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY SOCCER ASSOCIATION DONATION POLICY QUESTION Should the City accept a donation of $35,000 from the Federal Way Soccer Association? COMMITTEE: PRHSPS MEETING DATE: May 12, 2009 CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other: STAFF REpORT By: Steph~n Ikerd, Interim PRCS Di~~ctor . .___.__. D~~!:~~CS History: The City recently upgraded the soccer field at Saghalie Park from an all weather dirt field to an artificial turf field. The overall project has been well received; however there were insufficient funds to install a 20' high fence at both ends of the field, so the north end was installed only (behind the goals). The Federal Way Soccer Association has offered to donate funds for improvements to include but not limited to; increasing the height of a 150' section offence on the south end of the field from 4' to 20'. The Federal Way Soccer Association has signed an agreement to donate $35,000 to be used for related soccer improvements within the Cities Sports complexes. The south end fence upgrade will cost approx $14,000, leaving a balance of $21,000 for additional improvements throughout the system. Options Considered: 1. Accept the donation. 2. Do not accept the donation. ~~~~.~!J:~~~~~:.___..A5r.e.:CtY.Jcnt.'_....mm...m......mm.mm__.............mmmm...mmmmm.___mmm. STAFF RECOMMENDATION: Staff recommends Council accept the donation of$35,000 from Federal Way Soccer Association and authorize staff to use these funds for related soccer field improvements throughout the City. to Council DIRECTOR ApPROVAL: ~ to Committee CITY MANAGER ApPROVAL: ~ to Committee To Council Committee Member OPOSED COUNCIL MOTION: "1 move approval to accept the donation of $35,000 from Federal Way Soccer Association and authorize staff to use these funds for related soccer field improvements throughout the City. (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 # AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE FEDERAL WAY SOCCER ASSOCIATION FOR SAGHALIE PARK SOCCER FIELD IMPROVEMENT This Agreement is made and entered into this day of , 20 , and is - - entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and the Federal Way Soccer Association, a nonprofit, tax exempt corporation, (the "Association"). The City and the Association shall collectively be referred to as the "Parties". WHEREAS, the Parties have expressed their desire to participate in a project to improve the Saghalie Park Soccer Field, (the "Project"), WHEREAS, the City Council has authorized the sum of Eight Hundred Forty One Thousand Three Hundred Fifty Eight and 371100 Dollars ($841,358.37) for the Project, and WHEREAS, the Association has committed the sum of Thirty Five Thousand and No/1 00 Dollars ($35,000.00) for the Project, and WHEREAS, the Parties have successfully applied and received grant funds from the Washington Wildlife and Recreation Program, Outdoor Recreation Account, in the amount of Three Hundred Thousand and Noll 00 Dollars ($300,000.00) for the Project, and NOW, THEREFORE, the parties agree to the following terms and conditions: I. CITY OF FEDERAL WAY RESPONSIBILITIES 1. Contribute Three Hundred Thousand and No/1 00 Dollars ($300,000.00) for the Project. 2. Administer the bidding process and any contracts necessary for the Project. 3. Saghalie Park will remain the property of the City. The City will continue to be responsible for the scheduling and maintenance ofthe property, including the Soccer field. The City will coordinate the scheduling of the fields for City events/programs, and used by the Federal Way Soccer Association. II. FEDERAL WAY YOUTH SOCCER ASSOCIATION RESPONSIBILITIES 1. Contribute Thirty Five Thousand and No/1 00 Dollars ($35,000.00) for the Project. 2. The Association will be scheduled Monday, Wednesday and Friday between the hours of 4:00 P.M. to 8:00 P.M. Tuesday and Thursday 4:00 P.M. to 9:00 P.M. and Saturday and Sunday between 8:00 A.M. and 8:00 P.M. 3. All unused time will be returned to the City for its scheduling. - 1 - III. FIELD CONSIDERATIONS 1. The field lining system will ensure that the pronounced (emphasized) lines are those associated with a regulation-sized soccer field. Each individual executing this Agreement on behalf of the Parties represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the entity he/she represents. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Cary M. Roe, P. E. Assistant City Manager/Chief Operating Officer Emergency Manager 33325 8th Ave S PO BOX 9718 Federal Way, W A 98063-9718 ATTEST: APPROVED AS TO FORM: City Clerk, Carol McNeilly, CMC City Attorney, Patricia A. Richardson - 2 - THE FEDERAL WAY SOCCER ASSOCIATION By: George Pfeiffer, Director of Fields STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me George Pfeiffer, to me known to be the Director of Fields ofthe Federal Way Soccer Association 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 ,200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires - 3 - COUNCIL MEETING DATE: May 19,2008 .......................................................................................... ...............~ .......... ..................................... .................. ITEM #:J.a.:...D.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ApPOINTMENTS TO THE ARTS COMMISSION POLICY QUESTION: Should the City Council appoint Alternate Commissioner Lorie Wood to the City's Arts Commission as a voting member to fill a vacancy due to resignation? COMMITTEE: N/ A MEETING DATE: N/A CATEGORY: D Consent IZI City Council Business D Ordinance D Resolution D D Public Hearing Other .~!~!!..~~Q~!...~.Y..:. .g.~!..~1.M~!.i~.~.1.1y.'.....gi!Y...g.1.~!.~____ DEPT: Human Resources/City Clerk Attachments: N/ A Background: The Arts Commission currently has 8 members after receiving a resignation from Commissioner Maggie Ellis. The Commission has one alternate Commissioner Lorie Wood. If appointed to a voting position, Ms. Wood will be invited to the June 2, 2009 City Council Meeting to receive her Certificate of Appointment. Options Considered: 1. Appoint the Alternate Commissioner Lone Wood to fill the vacant unexpired Commissioner position on the Arts Commission with the term expiring 12/31/2011. 2. Direct staff to advertise the vacancy. STAFF RECOMMENDATION: N/A CITY MANAGER ApPROVAL: N/A DIRECTOR ApPROVAL: N/A N/A Committee Council Committee Council COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "] move appointment of Alternate Arts Commissioner Lorie Wood, to a fill the unexpired regular Commissioner position with a term expiring December 31,2011." (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 # COUNCIL MEETING DATE: May 19,2009 ITEM #: La. b . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION TEMPORARILY WAIVING RESIDENCY REQUIRMENT FOR CITY MANAGER POLICY QUESTION: SHOULD THE CITY COUNCIL ADOPT THE PROPOSED ORDINANCE TEMPORARILY WAIVING THE RESIDENCY REQUIREMENT FOR THE CITY MANAGER POSITION UNDER THE CURRENT ECONOMIC CLIMATE AND REAL ESTATE MARKET IN ORDER TO ATTRACT VIABLE CANDIDATES FOR THE VACANT POSITION? COMMITTEE: N/ A MEETING DATE: CATEGORY: D Consent D City Council Business D Ordinance IZI Resolution D D Public Hearing Other ~'!~!!~~Q~!.~.Y.:'!:>.~T~~_c;!~..~.~.E.:!~~~g~!..~!!Y....A.IT.2~~E.Y...._.....__ DEPT: Law The City Council may waive the requirement that at the time of appointment the City Manager reside within the city limits. Given the economic climate and the current real estate market, a residency requirement could discourage viable candidates who reside within commuting distance from applying. The proposed resolution temporarily waiving the residency requirement could encourage more applications and assist in attracting qualified applicants. Attachments: Proposed resolution temporarily waiving the residency requirement for the City Manager Options Considered: 1. Adopt the proposed resolution temporarily waiving the residency requirement for the City Manager. 2. Modify the proposed resolution. 3. .~~j~~!._!.h~P!:9P9~~c:1:E~~9!~!.!9~.:...__............__...__ STAFF RECOMMENDATION: N/A CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Council Committee Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option 1 " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDillEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # RESOLUTION NO. 09- A RESOLUTION of the City Council of the City of Federal Way, Washington, Temporarily Waiving the Residency Requirement for the City Manager. WHEREAS, the position of City Manager is currently vacant; and WHEREAS, the advertisement seeking applicants for the City Manager position has been published; and WHEREAS, RCW 35A.13.050 authorizes the City Council of the City of Federal Way to waive the requirement that the appointed City Manager reside within the city limits; and WHEREAS, the Federal Way City Council recognizes that the current economic climate, in particular the real estate market, may adversely limit the pool of viable candidates for the City Manager position; and WHEREAS, the Federal Way City Council finds that it is in the best interest of the citizens to attract the most qualified candidates for the City Manager position; and WHEREAS, the Federal Way City Council finds that it is in the best interest of the citizens to temporarily waive the residency requirement if the next City Manager resides within commuting distance given the economic climate. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The Requirement that the City Manager reside within the city limits is temporarily waived until December 31, 2012, in the event that the successful individual resides within commuting distance. Resolution No. 09- Page 1 of3 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 ofthis 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 19th day of May, 2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Resolution No. 09- Page 2 of3 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: 09- 05-12-2009 5-19-2009 K:\resolution\2009\temp waive cm residency Resolution No.09- Page 3 of3 COUNCIL MEETING DATE: May 19,2009 ITEM #: 6(c) CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Long Range Financial Plan Update POLICY QUESTION: N/ A COMMITTEE: Finance, Economic Development, Regional Affairs Committee (FEDRAC) MEETING DATE: April 28, 2009 CATEGORY: D Consent IZI City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~!!~.I.'.2~!..~X=.l.?ry~J?~~?g~z~~~!.~~J?~.g.~!Y...M~.~g~!(g~.Q DEPT: City Manager Background: This item was discussed initially at the City Council Special Meeting/Study Session on March 17, 2009. Since this time the Long Range Financial Plan Update has been brought and discussed at the Finance, Economic Development, Regional Affairs Committee Meetings on March 24, 2009 and April 28, 2009, and at the May 5, 2009 Special City Council Meeting/Study Session. This item is being presented for informational and discussion purposes, no action requested at this time. Attachments: Will be distributed prior to the May 19,2009 Regular City Council Meeting. Options Considered: 1. No action requested at this time, this item is intended for information/discussion purposes. STAFF RECOMMENDATION: N/A Committee Council Committee CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: COMMITTEE RECOMMENDATION: N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: n/a (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 # COUNCIL MEETING DATE: May 19,2009 ITEM #: I. CL. .. ..... ... ...._. ..... ...... .... ............._ ........ ..._........._........._............_...mm_........_ .....____..___.................._.................._..._mm.......u._......._._..._......_..............._._ .................._............_ ..............._......h_._._..........___...........__.___h..__.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2008 Comprehensive Plan Amendments POLICY QUESTION: Should the City approve text amendments to Chapter Six, Capital Facilities, and text and map amendments to Chapter 10, Private Utilities, of the comprehensive plan; two citizen-initiated requests for site-specific changes to the comprehensive plan map and zoning map; and one city-initiated request for a site- specific change to the comprehensive plan map and zoning map? COMMITTEE: Land Useffransportation Committee MEETING DATE: May 4, 2009 CATEGORY: D Consent D City Council Business IZI Ordinance D Resolution o Public Hearing D Other ~_!~!!_~~~_Q~!.~~:__~~l!i~!J?_~~~~~_M_'.l~~~~~!J!:CI~!~AIG_~___~~_~~:_~?~~~_~~~~~~~~_~~_~~~_~_Se~2~_~~__ Background: Federal Way adopted its comprehensive plan in November 1995 and amended the plan in December 1998, September 2000, November 2001, March 2003, July 2004, June 2005, and July 2007. Pursuant to RCW 36.70A.130, the Growth Management Act (GMA) limits plan updates to no more than once per year, except under certain circumstances. The Planning Commission conducted a public hearing on April 15, 2009, at the close of which they recommended to the council approval of the following amendments: 1) amendments to the text and maps of the comprehensive plan (Exhibit A of the draft Adoption Ordinance); 2) approval of the Federal Way Village Site-Specific Request (Exhibit B of the draft Adoption Ordinance); 3) approval of the Nguyen Site-Specific Request (Exhibit C ofthe draft Adoption Ordinance); and e) approval of the City-initiated Site-Specific Request for Pacific Heights (Exhibit D of the draft Adoption Ordinance). The recommended changes to the text and maps of the comprehensive plan (Exhibit A of the draft Adoption Ordinance) are shown as strikethrough (deletions) and underline (new) text. Attachments: I) Draft Adoption Ordinance with Exhibits A, B, C, and D; 2) April 2, 2009, Staff Report to the Planning Commission with Exhibits C, D, and E (vicinity maps of site-specific requests); 4) Minutes of the April 15,2009, Planning Commission Public Hearing (please note that due to their bulk, Exhibits A and B, and F- K of the Planning Commission Staff Report are not included in the City Council packet, but are available in the City Council Conference Room). Options Considered: 1) Adopt the Planning Commission recommended amendments as shown in Exhibits A, B, C, and D to the Draft Adoption Ordinance; 2) Adopt the Planning Commission recommended amendments as further amended by the LUTC; 3) Do not adopt the amendments. STAFF RECOMMENDATION: Staff recommends Council approve option #1; adopt the Planning Commission recommended amendments as shown in Exhibits A, B, C, and D to the Draft Adoption Ordinance CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Comrrnttee ~ Council COMMITTEE RECOMMENDATION: Forward the Ordinance to full Council on MaYJ-9~7, for ~rst reading. , r i //1 - fY!.JJ-l<.5ed2 - ;// Dini Duclos, Member PROPOSED COUNCIL MOTlON(S): 1sT READING OF ORDINANCE (May 19,2009): I move to forward the LUTC's recommendation to approve the 2008 Comprehensive Plan Amendments, which are attached as Exhibits A, B, C, and D to the Adoption Ordinance to a second readingfor enactment on the June 2. 2009, consent agenda. " 2ND READING OF ORDINANCE (June 2, 2009): I move approval of the LUTC 's recommendation to approve the 2008 Comprehensive Plan Amendments, which are attached as Exhibits A. B, C, and D to the Adoption 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 # I ST reading Enactment reading ORDINANCE # RESOLUTION # K:\Comprehensive Plan\2008\LUTC\Agenda BiIl.doc ORDINANCE NO. 09- AN ORDINANCE of the City of Federal Way, Washington, relating to amendments to the City's comprehensive plan, comprehensive plan map, and zoning map. (Amending ordin~nce no's. 90-43, 9S-248, 96-270, 98-330, 00-372, 01-40S, 03-442, 04-460, 04-461, 04-462, OS-490, OS-491, OS-492 and 07-SS8.) WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, economic development element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with a land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23,1998; September 14,2000; November 1,2001; March 27, 2003; Ju1y20, 2004; June 16,2005; and July 16, 2007; and WHEREAS, the City may consider Plan and development regulation amendments pursuant to Process VI, under Title 19 (Zoning and Development Code) of the Federal Way Revised Code (FWRC), chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the Council has considered amendments to the text and maps of the comprehensive plan, the comprehensive plan map, and the zoning map, specifically amendments to the text of Chapter 6, Capital Facilities, and the text and maps of Chapter 10, Private Utilities, two citizen-initiated requests (Request #1- Federal Way Village and Request #2 - Nguyen) for changes to the comprehensive plan and zoning map designations; and a city-initiated change to the comprehensive plan and zoning map designation for Pacific Ordinance No. 09- Page 1 of4 Heights (Request #3); WHEREAS, on March 14, 2009, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the 2008 Comprehensive Plan Amendments; and WHEREAS, the City's Planning Commission held a public hearing on April 15, 2009, at the close of which they recommended to the council approval of the following amendments: 1) amendments to the text of Chapter 6, Capital Facilities, and the text and maps of Chapter 10, Private Utilities; 2) approval of two citizen- initiated requests (Request #1 - Federal Way Village and Request #2 - Nguyen) for changes to the comprehensive plan and zoning map designations; and 3) approval of a city-initiated change to the comprehensive plan and zoning map designation for Pacific Heights (Request #3); and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the comprehensive plan amendments on May 4,2009, following which it recommended approval ofthe Planning Commission's recommendations; and WHEREAS, the City Council, through its staff, Planning Commission, and City Council committee, received, discussed, and considered the testimony, written comments, and material from the public, and considered the matter at its City Council meetings on May 19, 2009, and June 2, 2009; and WHEREAS, the City Council desires to approve the: 1) amendments to the text and maps of the comprehensive plan; 2) two citizen-initiated requests for changes to the comprehensive plan and zoning map designations; and 3) one city-initiated request for changes to the comprehensive plan and zoning map designations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The proposed amendments to the comprehensive plan maps and comprehensive plan text, as set forth in Exhibits A, B, C, andD, attached hereto, are consistent with the Council vision for the City of Federal Way; will allow development which is compatible with the surrounding neighborhoods, including adjacent single- Ordinance No. 09- Page 2 of4 family uses; provide convenient goods and services at a pedestrian and neighborhood scale close to adjacent residential uses; provide for capital facilities and private utilities to serve both present and projected population; and therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements ofRCW 36.70A, the King County Countywide Planning Policies, and the un-amended portion of the Plan. (b) The proposed amendments to the comprehensive plan maps and comprehensive plan text, as set forth in Exhibits A, B, C, and D, attached hereto, are compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. The amendments will allow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household and job projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. The amendments, therefore, bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the un-amended portion of the Plan. (c) The proposed amendments to the zoning map, set forth in Exhibits B, C, and D, attached hereto, are consistent with the applicable provisions of the comprehensive plan and the comprehensive plan land use map proposed to be amended in Section 2 below, bear a substantial relation to public health, safety, and welfare, and are in the best interest of the public and the residents of the City. (d) The proposed amendments have complied with the appropriate process under state law and the FWRC. Section 2. Comprehensive Plan, Comprehensive Plan Maps, and Zoning Map Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,2000,2001,2003,2004, 2005, and 2007, copies of which are on file with the Office of the City Clerk, the comprehensive plan map, and the zoning map are amended as set forth in Exhibits A, B, C, and D, attached hereto. Section 3. Amendment Authority. The adoption of plan and map amendments in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to chapter 19.80 Ordinance No. 09- Page 3 of 4 FWRC. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Savings Clause. The 1995 City ofF ederal Way Comprehensive Plan, as thereafter amended in 1998,2000,2001,2003,2004,2005, and 2007, shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force five (5) days after passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 19th day of May, 2009. 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: 5-23-2009 EFFECTIVE DATE: 5-28-2009 ORDINANCE NO: 09- 5-12-2009 5-19-2009 Ordinance No. 09- Page 4 of4 Exhibit A CHAPTER SIX - CAPITAL FACILITIES 6.0 INTRODUCTION The City of Federal Way is expected to add 6, 188 housing units and 7,48 I jobs between the years 2001 and 2022. This growth will stimulate the local economy and maintain a diverse and vibrant community. Unfortunately, it will also generate a corresponding demand for new public services and facilities, such as schools, parks, and streets. These new facilities, and the financial implications they will have for Federal Way and its citizens, are the subject of this chapter. The Growth Management Act The Growth Management Act (GMA) refers to capital facilities planning in two of the 13 statewide planning goals. The two relevant goals are: I. Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. 2. Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. More specifically, the GMA mandates that the City prepare a capital facilities plan which contains the following components: . An inventory of existing facilities owned by public entities, showing the locations and capacities of the facilities. · A forecast of the future needs for such facilities. . The proposed locations and capacities of expanded or new facilities. . At least a six-year financing plan that will finance such facilities and clearly identify sources of publjc money for such purposes. . A requirement to reassess the Land Use chapter jf probable funding falls short. In the pages that follow, this chapter complies with the GMA requirements for a capital facilities plan. FWCP - Chapter Six, Capital Facilities Level of Service To prepare a Capital Facilities chapter, one of the first decisions a jurisdiction must make involves establishing a level of service (LOS) standard. The level of service standard refers to the amount and quality of services and facilities that a community wants. For example, the LOS for a parks system is usually described in terms of the number of acres of parkland per 1,000 population. If a community has a strong,desire for a good parks system, it will establish a high LOS standard for itself, maybe something on the order of 20 acres of park per 1,000 residents. On the other hand, 20 acres of developed parkland is expensive to acquire, develop, operate, and maintain. As a result, the community may be forced, for financial reasons, to accept a lower LOS standard. In any event, adopting LOS standards for all the services and facilities the City provides would help it: I) evaluate how well it is serving existing residents, and 2) determine how many new facilities will have to be constructed to service new growth and development. Concurrency In addition to mandating that a Capital Facilities chapter be included in comprehensive plans, the GMA also introduced the concept of concurrency. In general terms, concurrence describes the situation where adequate and necessary public services and facilities are available "concurrent"' with the impacts of new development, or within a specified time thereafter. Concurrency has two levels of applicability. The first is at the planning level and refers to all services and facilities, over the long term, and at the citywide scale. Planning level concurrency is what this chapter is all about. It inventories all existing facilities and services, establishes a LOS standard for each, estimates new facility requirements to accommodate projected growth, and develops a financing plan that identifies the revenues necessary to pay for all the new facilities. If the necessary revenues are not available, then the jurisdiction fails the planning level concurrency test and must take appropriate action. Those actions include lowering the LOS standard, raising taxes, restricting growth, or a combination of these actions. This chapter satisfies the planning level concurrency requirement as outlined in the GMA. The second level of concurrency analysis is project specific and only required for transportation facilities. Specifically, the GMA (RCW 36.70A. 070[6]) states: "...Iocal jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development." That same section goes on say that "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-2 FWCP - Chapter Six, Capital Facilities commitment is in place to complete the improvements or strategies within six years. To satisfy the project level concurrency requirement, the last section of chapter three, Transportation, contains a concurrency management discussion. As mentioned previously, project level concurrency is only required for transportation system facilities. However, the Washington State Office of Community Development's interpretation (WAC 365-1 95-070[3]) states that, "...concurrence should be sought with respect to public facilities in addition to transportation facilities. The list of such additional facilities should be locally defined." This section goes on to say that local jurisdictions may fashion their own regulatory responses. The City adopted a Transportation Concurrency Management System, which became effective January I, 2007, Impact Fees Local jurisdictions planning under the GMA are authorized to assess impact fees for development activity as part of financing for public facilities, such as parks, transportation, and schools. The fire district also has a direct impact on their level of service based on growth and thus, is working both locally and legislativelv to ensure that they also receive impact fees directlv related to growth. Impact fees must be based on an adopted capital facilities plan. In addition, the collected fees must be used for projects that are reasonably related to and will reasonably benefit the development paying the fees. The fees must also be used within a specified time from the date they were collected or returned to the payee. Impact fees may be imposed for system improvement costs previously incurred to the extent that new growth and development will be served by the previously constructed improvements, provided they not be imposed to make up for any system improvement deficiencies. To impose an impact fee program, the City must have a plan in place to make up any existing system deficiencies. Countywide Planning Policies The Countywide Planning Policies (CWPPs) originally adopted in 1992, and amended in 1994, contain a number of goals and policies regarding capital facilities and the provision of urban services. Those relevant CWPPs are the following: COt Jurisdictions shall identify the full range of urban services and how they plan to provide them. C02 Jurisdictions and other urban service providers shall provide services and manage natural resources efficiently, through regional coordination, conjunctive use of resources, and sharing of facilities. Interjurisdictional planning efforts shall evaluate approaches to share and conserve resources. C03 Service provision shall be coordinated to ensure the protection and preservation of resources in both Rural Areas and in areas that are developing, while addressing service needs within areas currently identified for growth, Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-3 FWCP - Chapter Six, Capital Facilities C04 All jurisdictions acknowledge the need to develop a regional surface water management system which crosses jurisdictional boundaries and identifies and prioritizes program elements and capital improvements necessary to accommodate growth and protect the natural and built environment. The GMPC shall develop and recommend a financing and implementation strategy to meet this need. COS Water supply shall be regionally coordinated to provide a reliable economic source of water and to provide mutual aid to and between all agencies and purveyors. The region should work toward a mechanism to address long-term regional water demand needs of agencies and water purveyors. C07 Water reuse and reclamation shall be encouraged, especially for large commercial and residential developments and for high water users such as parks, schools, golf courses, and locks. COIO In the Urban Area identified for growth within the next ten years, urban water and sewer systems are preferred for new construction on existing lots and shall be required for new subdivisions. However, existing septic systems, private wells, and/or small water systems may continue to serve the developments so long as densities and physical conditions are appropriate, the systems are allowed by the relevant jurisdictions, and management keeps the systems operating properly and safely. COl3 Urban sewer system extensions in unincorporated King County shall be permitted consistent with the provisions of the King County Sewerage General Plan, Countywide Policies, and the policies of the jurisdiction in whose potential annexation area the extension is proposed. FW13 Cities are the appropriate provider of local urban services to Urban Areas, either directly or by contract. Counties are the appropriate provider of most countywide services. Urban services shall not be extended through the use of special purpose districts without approval of the city in whose potential annexation area the extension is proposed. Within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts. FW32 Public capital facilities of a Countywide or Statewide nature shall be sited to support the Countywide land use pattern, support economic activities, mitigate environmental impacts, provide amenities or incentives, and minimize public costs. Amenities or incentives shall be provided to neighborhoods/jurisdictions in which facilities are sited. Facilities must be prioritized, coordinated, planned, and sited through an interjurisdictional process established by the GMPC, or its successor. Revised 2008 School, Fire, Waler, and Sewer Comprehensive Plan Amendment VI-4 FWCP - Chapter Six, Capital Facilities LU29 All jurisdictions shall develop growth-phasing plans consistent with applicable capital facilities plans to maintain an Urban Area served with adequate public facilities and services to meet at least the six-year intermediate household and employment target ranges consistent with LU67 and LU68. These growth phasing plans shall be based on locally adopted definitions, service levels, and financing commitments, consistent with State GMA requirements. The phasing plans for cities shall not extend beyond their potential annexation areas. Interlocal agreements shall be developed that specify the applicable minimum zoning, development standards, impact mitigation, and future annexation for the potential annexation areas. LU30 Where urban services cannot be provided within the next 10 years, jurisdictions should develop policies and regulations to: . Phase and limit development such that planning, siting, density and infrastructure decisions will support future urban development when urban services become available. . Establish a process for converting land to urban densities and uses once services are available. Funding/Financing Typically, cities and the residents they service would like to have higher LOS standards than they can afford. Federal Way has worked hard to provide the highest LOS possible without raising taxes. It is a difficult balance to maintain and the City is currently at a point where it may have to consider raising additional revenues to pay for capital facilities and the associated maintenance and operations costs. If the City decides to generate additional revenues, there are several sources available. Some of these revenues are "on-going" in the sense that the City levies the tax and the revenues are added to the City's general fund on an annual basis. On-going revenues include property taxes, sales taxes, utility taxes, impact fees, and business and occupation taxes. The other category of funds is called "one time" funds because the City cannot count on having these funds available on an annual basis. These funds include bond sales and grants such as, TEA-21, lAC, and Urban Arterial Fund money. On-going funds can be used for either capital facilities or maintenance and operations. However, it is prudent financial management and adopted City policy that one-time funds be used only for capital improvements. As is discussed later in this chapter, the City proposed two bond issues to finance capital facilities in the Fall of 1995. As part of that bond issue, voters were asked to approve a permanent utility tax to pay for the maintenance and operations costs associated with the new capital facilities. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-S FWCP - Chapter Six, Capital Facilities 6.1 SURFACE WATER Inventory of Existing Facilities Natural Systems The Federal Way area consists of two major drainage basins, the Hylebos Creek and Lower Puget Sound. The Hylebos Creek Basin consists of the West Branch Hylebos Creek, East Branch Hylebos Creek, and the Lower Hylebos Creek Sub-Basins. The Lower Puget Sound Basin consists of the North Lower, Central Lower, and South Lower Puget Sound Sub-Basins. Map VI-I (maps are located at the end of the chapter) shows the planning area boundary, and boundaries. Map VI-2 shows the major features of the natural system. The natural systems have been reviewed on a sub-basin level. This sub- basin information is contained in the City's Comprehensive Surface Water Facility Plan. Man-Made System As part of its 1994 Surface Water Facilities Plan, the City completed an inventory of the stormwater drainage trunk system. There are ten major trunk lines in the system, and one can find more details about their capacity and location in the Surface Water Plan. The City has made a significant number of improvements to the man made system since incorporation in 1990. Most of the projects completed to date corrected existing localized flooding problems. As a result of resolving these "spot" problems, the City and its surface water utility have significantly improved the LOS on a system-wide basis. The City has gone to a regional system for detention/retention of surface water. Several regional detention/retention facilities have been, or will be, constructed to handle stormwater runoff. However, individual developments must treat stormwater on site prior to releasing it to the regional system. System Capacity As part of the Surface Water Facilities Plan, the City developed a model of its surface water facilities, including the natural part of the system, the various lakes, streams, and wetlands. This model uses the following design or LOS standards: . 25-year storm conveyance capacity on lateral systems; . 25-year storm conveyance capacity on major trunk systems; . 25-year storm storage capacity in local retention/ detention facilities; and . 100-year storm storage capability in regional retention/detention facilities. Based on these LOS standards and the data on existing facilities, the model helps utility engineers identify deficiencies in the existing system and the most cost effective way to resolve them. The model also allows engineers to describe the new facilities that will be needed in the future to accommodate new growth and development as outlined in the Land Use chapter. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-6 FWCP - Chapter Six, Capital Facilities Forecast of Future Needs Based on model results, utility engineers annually update a detailed 10 six-year capital facilities plan. The plan identifies projects, prioritizes them, estimates the cost, and re- examines the utility rate structure to ensure that there is sufficient funding available over the next six years to construct these projects (Table VJ- 1). Locations and Capacities of Future Facilities Table VI-I includes the surface water facilities project list. For more complete discussion of this list, and maps describing project locations, please refer to Chapter IV of the City's Comprehensive Surface Water Plan. As noted earlier, these projects address existing system deficiencies as well as the new facilities that will be needed to accommodate projected growth. Finance Plan The City has created a surface water utility to manage stormwater drainage, prevent flooding, and improve water quality. The City charges property owners an annual surface water fee, which is based upon the amount of impervious surface on the property. These fees, along with any outside grant monies and low interest loans, provide the revenues that pay for capital facilities projects, and operation and maintenance of its surface water system. As outlined in Table VI-I, projects are scheduled based on anticipated revenues. The capital facilities spreadsheet indicates project scheduling based on available funding and priority ranking. The City annually updates the capital facilities plan for surface water. The Comprehensive Surface Water Plan, which includes the capital facilities plan, is adopted by reference in this plan, including changes made during the City's annual update. 6.2 TRANSPORTATION The GMA requires that local jurisdictions prepare a transportation chapter as part of the Federal Way Comprehensive Plan (FWCP). The GMA also authorizes jurisdictions to assess impact fees for transportation system improvements that are necessary to accommodate the traffic created by the new development. In order to assess impact fees, the capital facilities plan must include the list of transportation improvements and associated costs that necessitate the impact fees. Discussion related to Transportation- related capital facilities can be found in FWCP Chapter 3, Transportation. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-? FWCP - Chapter Six, Capital Facilities u ace ater ana2ement omt onent 2006 2007 2008 2009 2010 2011 2012 Total SWM SOURCES Revenues and Financing Carry Forward from CIP and Operations 7.030.158 6.206.435 5.025.729 3.896.890 3.351.65 I 2.878.155 968.961 User Fees with GMA Project Growth 3.239.534 3.232.389 3,256.629 3.281.054 3.305.662 3.330.454 3.355.432 46,657,770 Interest Earnings 75.564 171.536 152.212 131.901 119.685 90.634 64.086 1,449,806 Transfer In - Street Fund 149.901 149.901 149,901 154.398 159.030 163,801 168.715 2,106,172 Grant Funding 1.093.] 60 720.000 Subtotal Revenues and Financing 11,588,317 10,480,259 8,584,470 7,464,243 6,936,027 6,463,044 4,557,194 113,867,643 Expenditures - One Time & Debt Service One Time Funding 0 Public Works Trust Fund Loan 203.577 201.754 199.930 198,107 196.283 194.459 192,636 3,757,108 Subtotal Expenditures 203,577 201,754 199,930 198,107 196,283 194,459 192,636 3,757,108 Available Revenue 11,384,739 10,278,505 8,384,540 7,266,137 6,739,744 6,268,584 4,364,559 110,110,535 Total Required Sources 5,254,682 5,454,530 4,687,580 4,112,593 4,057,873 5,494,083 3,859,339 59,421,297 SWM USES Maintenance and Operations Current 2.540.016 2.576.016 2.578.016 2.664.432 2.753.752 2.846.074 2.941.500 36,895,119 Subtotal Maintenance and Operations 2,540,016 2,576,016 2,578,016 2,664,432 2,753,752 2,846,074 2,941,500 36,895,119 Annual Programs 111 Fund 221.744 200.000 207.000 214.245 221.744 229.505 237,537 2,809,041 Subtotal Annual Programs 221,744 200,000 207,000 214,245 221,744 229,505 237,537 2,809,041 Capital Project List SPB-CIP-O I: Joe Creek Regional 1.542.391 1,946,489 Detention Pond SPJ2-CIP-02: Lake Jeane Outlet 125.000 430.000 555,000 Control Structure SPJ2-CIP-02: Lake Lorene Outlet 95.000 295.000 390,000 Control Structure S 373,d Bridge Replacement Project J 60.000 661.760 910,000 SPJ4-CIP-0]: SW 325'" St 150.000 150,000 CulvertfTrunk Replacement SPlJ-CIP-02: Lower Joes Creek 323.678 1.898.373 2,222,051 Channel Restoration SPLS-CIP-02: SW 332"" St Trunk 200.000 635.000 835,000 Replacement CPR6-CIP-Ol: S 308'" St Lateral 60.000 105.000 ] 65,000 Drainage Intercept SPM3-CIP-02: East 15-lnch Lateral 211.953 248,092 Detention WHI2-CIP-02: S 3]6'" PI Detention 88.188 517 .223 605,411 Table VI-] City of Federal Way Facilities Plan Srl W M C Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-8 FWCP - Chapter Six, Capital Facilities 2006 2007 2008 2009 2010 2011 2012 Total Facility WH07-CIP-02: I" Way STrunk 97.634 572.62 I 670,255 Replacement CPR6-CIP-02: Outlet Channel 50.000 130.000 180,000 Modification WHI5-CIP-02: 21" Ave SW Detention 60.615 355.506 416,121 Facility WHI l-CIP-04: Low Flow 45.193 265.056 310,249 Diversion/Infiltration Trench W Hylebos Channel Riparian Habitat 400.000 no.ooo 1,120,000 Easement Acquisition 10'" Ave S Drainage Improvement 55.000 375.000 430,000 S 336'" and 348'" Ave S Dminage 25.000 120.000 145,000 Improvement SR 99 Phase]]] Cost Share ]50.000 150,000 6.3 PARKS AND RECREATION Inventory of Existing Facilities The City of Federal Way adopted the first Park, Recreation, and Open Space Comprehensive Plan in December of 199 I. The City updated the Plan in 1995, 2000, and 2006. This plan, which is now called the Parks, Recreation, and Open Space Plan, is incorporated by reference. The planning area of the 2000 and 2006 Parks Plans are based only on the City limits of Federal Way, although the Potential Annexation Area (PAA) is inventoried and discussed. As in previous plans, the Parks Plan has been subdivided into subareas, referred to as Parks Plan Planning Areas (Map VI-3), for purposes of long- range planning. The 2006 Parks Plan updates the inventory to include new parks and properties added to the City's system. In addition to City-owned parks and open space, the Parks Plan also lists school district, state, and county facilities, as well as private recreation facilities. Map VI-4 depicts the location of major parks and open space within the Federal Way planning area. Table VI-2 summarizes this inventory as of June 2006. Su f Table VI-2 C" R A as mmarv 0 EXlstin~ Ity Park-and ecreabon re DEVELOPED PARK LAND CA TEGORIES ACRES 14 Neighborhood Parks ]56.4 5 Community Parks 2223 o Regional Parks 0.0 4.2 mi Trails Acreage 118.0 4 Park Facilities Acreage 25.8 Total Developed Park Land 522.5 Total Undeveloped Park Land 543.5 Total Park Land in Federal Way 1066.0 Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.9 FWCP - Chapter Six, Capital Facilities When the City incorporated in 1990, there were approximately eight acres of parkland available per 1,000 population in Federal Way. Since that time, the City has purchased additional property and developed new facilities. These include the Lake KilIamey Open Space Park, Heritage Woods Neighborhood Park, Wedgewood Neighborhood Park, BPA Trail I, II, and III, Madrona Park, Cedar Grove Park, Klahanee Lake Community Senior Center, Dumas Bay Centre, Celebration Park, Steel Lake Annex facilities, and the Community Center, which opened March 2007. In 2004, Washington State Parks transferred West Hylebos Wetlands Park to the City. King County has also transferred several properties to the City in the last six years. These parks and facilities are described in greater detail in the Parks Plan. As of 2006, the City is providing 10.9 acres of park land per 1,000 population. The City's goal is to maintain a level of service of 10.9 as Federal Way grows in population and size. In the past, the City has obtained land through plat dedication. The City is also now considering a Park Impact Fee to provide funds for parks acquisition and development. In addition to acquiring and developing new facilities, the City has taken administrative actions to take advantage of other available public recreational facilities. The City enacted interlocal agreements with the School District to jointly operate and maintain school recreational facilities. As a result, the City jointly operates and maintains a major community park in conjunction with Saghalie Middle School. Also, the City has agreements to provide recreational programs and schedule play fields at several elementary schools, in addition to middle schools. These facilities are now formally available nights and weekends, year around for use by local residents. As referenced above, City residents now have access to 10.9 acres of parks and open space per 1,000 population. This inventory includes City owned parks and open space within the City limits. The City currently provides 1066 acres of parkland, which the City maintains and operates. Of the total 1066 acres, 522.5 acres is developed for recreational use areas and 543.5 acres is undeveloped. Note: Washington State Parks has a regional park facility within the City limits, which residents often use. Dash Point State Park is 230 acres of state land, which provides a regional (statewide) recreation use for camping, swimming, picnicking, walking trails, and beachfront. The state park land is not included in the City's LOS simply because the state owns, operates, and maintains this facility. For the purposes of parks planning, the recommended LOS standard in the City's Parks Plan and this Capital Facilities chapter is 10.9 acres of City owned parkland per 1,000 population. Forecast of Future Needs The 2006 Parks Plan states that the inventory of public park and open space land will be adequate to serve both the current and future projected population within the City and P AA. However, much of this acreage is un-programmed, undeveloped open space. The primary deficiency, both now and projected, is in improved trails. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-lO FWCP - Chapter Six, Capital Facilities The updated Parks Plan makes recommendations based on five Core Values identified through an extensive planning process. Four of these relate to capital facilities and include: Core Value # I: Improve Existing Facilities and Provide Multiple Functions in Parks Core Value #2: Develop a Walking and Biking Community Through an Integrated Trail and Sidewalk Network Core Value #3: Retain and Improve Our Open Spaces Core Value #4: Create Community Gathering Place and Destinations Capital facilities that respond to these Core Values have been incorporated into the Six- Year ClP. Some of the major efforts planned for this six year period include: . Design and redevelopment of Lakota and Sacajawea Parks . Acquisition of Camp Kilworth and associated site improvements to allow public access . Introduction of community gathering spaces in neighborhood parks . Site and building assessments for Dumas Bay Centre · Trail and Pedestrian improvements . Upgrade Saghalie Park soccer field to artificial turf In addition, the City completed a cultural arts survey in 1994. The survey evaluated several alternatives for a performing arts center and concluded that at some time in the near future, the City would need such a facility with a capacity of about 1,000 seats. The City has converted a portion of Dumas Bay Centre into the Knutzen Family Theatre, a 250-seat civic theater facility. This facility will begin to fulfill the identified community need for a performing arts center. Locations & Capacities of Future Facilities Map VI-4 indicates the location of the parks, recreation facilities, and open space subareas the City will need to maintain the adopted LOS. The Parks Plan breaks the planning area into subareas and addresses future facilities at the subarea level. For more details about the type, size, and cost of these new facilities, please refer to the 2006 Parks Plan. Map VI-4A shows potential locations of public spaces in the City Center. Finance Plan Table VI-3 (Parks Six-Year Capital Improvements Plan, 2006-2012) describes the proposed parks projects that will be needed between now and the year 2012, together with cost estimates programmed by year. Table Vl-3 also identifies the revenues that will be available during the same time period to finance these new facilities. Please refer to Chapter 7, "Implementation," of the 2006 City of Federal Way Parks, Recreation, and Open Space Plan for information on the finance plan. Revised 2008 School. Fire, Water, and Sewer Comprehensive Plan Amendment VI-ll FWCP - Chapter Six, Capital Facilities The City biennially updates its Parks & Recreation Capital Improvement Plan. These updates reflect new project priorities, eliminate projects that have been completed, and add new projects to the program. Sources/Uses 2007 2008 2009 2010 2011 2012 Total Real Estate Excise Tax 1,007 344 460 510 507 421 2292 Misc. Transfers 21 21 Grants/ Anticioated 810 500 1.000 2.3 10 Grants/Contributions Received Miti~ation Funds Received 110 110 General Fund 0 Total Financine: Sources 1,533 344 320 870 385 1,281 4,733 Park Proiects Plav~round 134 134 136 136 137 138 815 BMX/Bike Facility 15 15 Camo Kilworth - Aco. & Imo'ts 1.550 1.100 800 3.450 Communitv Gatherin~ Snaces 30 37 108 112 112 126 525 Downtown Public Soace 100 100 Dumas Bay Centre: Buildin~ 33 193 140 140 140 140 786 Dumas Bay Centre: Site Restor. 137 Lakota Park Desil!n & Redev. 723 11.000 11.723 Maior Maintenance - Park Faci!. 110 110 110 110 110 110 660 Panther Lake Ooen Soace 24 68 92 Poverty Bay Master Plan 41 41 Sa~halie Pk Soccer Fld - Artif Turf 920 920 Trail & Ped Access Imo'ts 40 130 78 65 67 70 450 West Hylebos Boardwalk 1.365 1.365 Subtotal (G) 4,736 1,704 2,256 11,672 1,513 9003 30.884 Unfunded Ending Bulunce 0 0 (877) (10.669) (988) (7.582) (20.116) Table VI-3 Parks Six-Year Capital Improvements Plan, 2007-2012 (in thousands) 6.4 Community Facilities Significant community investments have been made in the last 10 years to implement the community's vision for Federal Way. In addition to the investments in the surface water, transportation, and parks areas, the City also acquired and improved a basic set of community facilities to house City operations and provide space for community gatherings and recreation. The City acquired Klahanee Lake Community/Senior Center (KLCC), and Dumas Bay Centre (a conference and retreat facility) in 1993. Strong local support in community recreation and arts activities translated into the City Council's adoption of a 2% For the Arts ordinance to provide funding for arts in public places in 1994, and the construction of the 254-seat Knutzen Family Theatre in 1998. The new City Hall, which consolidates Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.12 FWCP - Chapter Six, Capital Facilities most City administrative offices, Public Safety, and the Municipal Court in one facility, was acquired in 2003. Also in 2003, King County divested itself of community swimming pools constructed with 1970 era Forward Thrust funds. The City assumed the operations of Kenneth Jones Pool (KlP) as a result. The City began construction of a new 72,000 square foot Community Center in fall 2005. Construction was completed in early 2007. The facility houses Recreation and Cultural Services staff, and includes athletic and community facilities suitable for a wide variety of events and programs. The facility will replace the KLCC and KJP operations. KLCC was surplused and sold in 2005 and leased back until the new center opened. The KlP facility will be returned to the Federal Way School District, who owns the underlying property. Inventory of Existing Facilities As of January 2007, the City owns or occupies a number of facilities, as shown in Table Vi-4 and Map Vi-5. Projected Community Needs The City has identified a number of facilities to help deliver services more efficiently and adjust to the changing demographics of this community in the future. These projected needs are beyond the City's ability to fund within the six-year planning horizon. However, in order to keep the community's vision alive, we purposely did not exclude any of these community projects. The City Council will periodically review and prioritize these projects and provide funding when available. A description of these facilities with a summary list is provided in Table Vi-5. Table VI-4 Summary of Existing Community Facilities City Hall Own/ Leased Own Use Sq, It/Occupancy 88,085/approximately 300 FTE and Council Chamber Building Name City operations not otherwise listed Leased Police evidence room Community recreation and recreation operations Leased Community pool 11.200113 FfE, gym, kitchen, etc. Police Evidence Klahanee Community/ Senior Center Own 6,000/2 FTE Kenneth Jones Pool Federal Way Community Center Own Community recreation center with gym, pools. senior lounge, pre-school, and educational classrooms and multipurpose room with kitchen. Recreation staff offices. 72,000113 regular FTE and approximately 20 part-time temporary personnel Opened in 2007 Steel Lake Annex Own Daycare, arts and crafts programs I, 161/program only Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.13 FWCP - Chapter Six, Capital Facilities Building Name Own/ Use Sq. ft/Occupancy Steel Lake Maintenance Shop Own Maintenance operations, outdoor equipment and material storage Dumas Bay Center (DBC) Own Public park, meeting/banquet! overnight lodging 254 seats performing arts theatre and rehearsal hall Knutzen Family Theater (at DBC) Own Miscellaneous Outdoor Storage Miscellaneous Indoor Storage Leased Street maintenance material and park equipment storage Leased Spare office equipment/facility parts/records 4,110 office and maintenance bay/32 FTE approximately 90 sq ft storage yard and approximately additional 1.5 acres available for future expansion 6 meeting rooms, 70 overnight rooms, I 2 acre park ground 10,000 material storage 2,000 equipment storage 260 sf. ft. 2.160 cubic ft boxes stored offsite in a document storage facility Table VI-S Projected Community Facility Needs 2007 - 2013 Type of Facility Year Size Cost (sf) (millions) I. Indoor Competitive Sports Facility 2015 75,000 $10-$12 2. Performing Arts Centre 2015 50.000 $35 - $40 3. Maintenance Facility 2009 120.000 yard $1.0 6.500 office 4. Public Facilities 2010 200 - 400 stalls $5 to $10 TOTAL $51 - $63 Municipal Facility (General Government, Police, and Court Operations) The City acquired the current City Hall in 2003 and consolidated its police, court, and general governmental operations under one roof. About 10 percent or 8,000 of the total 88,500 square feet of space in this building is currently available for future expansions. In addition to the City Hall parcel, the City also acquired two vacant lots to the north which is the location of the Police Evidence facility and overflow parking for the City Hall/ Municipal Court. The City Council is considering presenting the annexation ballot measure to our Potential Annexation Area voters in the fall of 2007. If approved, it would add an estimated 20,152 people and approximately 7.6 square miles to the City's service area. This is an increase of 23 percent in population and 36 percent in land area. These increases would again place pressure on the current City Hall capacity and would require the expansion of the existing maintenance facility, as discussed below. Revised 2008 School, Fire, Water. and Sewer Comprehensive Plan Amendment VI.14 FWCP - Chapter Six, Capital Facilities Maintenance Facility The Parks and Public Works maintenance facility is located at 31132 281hAvenue South. The entire site is approximately 1.4 acres, with 1,060 square feet of office space and a 61,000 square foot fenced storage yard. The City acquired two adjacent parcels, for a total of 2.25 acres, to the north of the facility in 2003. Today, the maintenance facility contains around 3,500 square feet of office space and 90,000 in fenced storage space, with an additional 1.5 acres of land area available for future expansions. Parks Maintenance operates seven days a week, two shifts per day. The space needed for the maintenance operations includes a front counter/reception area, crew quarters (including an area for daily time cards, breaks, and crew meetings/training, etc.), as well as a locker room. Public Works streets and surface water maintenance operations have similar needs for office space; operating Monday through Friday, year round, one shift per day. Both Parks and Public Works maintenance operations tend to intensify during the summer months and require up to 15 part-time, seasonal workers at any given time. The potential annexation would require an anticipated eight regular FTE and eight FTE in seasonal help, plus proportional vehicle and equipment increases. This increase would require the City to expand the maintenance office area by 2,000 to 3,000 square feet, and maintenance yard by 30,000 to 45,000 square feet. The current site would accommodate the projected space needs. Should the City proceed with the South 31th Avenue extension and 1-5 Access Ramp Addition Project, it is anticipated that the site would be significantly affected by the right-of-way needs and may not be sufficient to meet the above needs. Maintenance Facility Recommendation · 6,500 square feet for office space, accompanied by a 120,000 square foot storage yard · Three to five acre site (the existing site is approximately four acres, which is deemed sufficient) · Development cost is estimated at $1 million Conference/Performing Arts Center In 1994, the City of Federal Way, through the Arts Commission, asked AMS Planning and Research to conduct a feasibility study of a cultural arts facility to serve the City. Under the guidance of a 27-member steering committee, AMS conducted a survey of local arts organizations, analysis of existing cultural and meeting facilities, market research with residents of the City and surrounding communities, interviews with key community leaders representing government and business, and meetings and workshops with the steering committee, all of whom provided base information. The study recommended a performing arts center to seat 1,000 patrons and a visual arts gallery. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-15 FWCP - Chapter Six, Capital Facilities The performing arts center proposed in this study included design criteria that incorporated multi-level seating to accommodate as many as 500 - 600 people on an orchestra level, while still achieving intimacy for audiences. The construction cost for a performing arts theater was estimated in the 1994 report to be between $190 - $240 per square foot. Adjusted to 2007, the per square foot cost can easily be $400 - $500, or $25 to $30 million for construction. Site requirements called for a minimum of five acres; two acres for the facility and three acres to provide for surface parking and to meet additional code requirements. Alternatively, two to two and a half acres would be needed if structured parking is used. The additional cost for structured parking would be $5 to $8 million. Based on these assumptions, the full developmental cost is expected to be $35 to $40 miIlion. Maintenance and operation costs for a facility of this size were estimated to be $750,000 per year. Projected revenues (using a 171 event day schedule) was $390,000, leaving a net operating cost of $360,000 to be generated through fundraising or an operating endowment. Conference/Performing Arts Facility Recommendation . 50,000 square foot facility · Two-acre site . $35 - $40 million Multipurpose Competitive Sports Center The City of Federal Way enacted a I % lodging tax and formed the Lodging Tax Advisory Committee (LTAC) in 1999 to promote and enhance the local tourism industry. The committee has commissioned a feasibility study for an indoor competitive sports facility that will increase visitors' stay in local hotels and complement the Aquatic Center and Celebration Park, two other regional/national amateur sports facilities in the City. A number of development concepts have been considered, one of which is a facility for basketball and volleybalI tournaments with an athletic club for training/conditioning to generate on-going usage and revenue. One of the considerations for such a facility would be its ability to be financially self-sustaining. It would also ideally be developed and operated by the private sector, with minimum or no public participation. Conference/Performing Arts Facility Recommendation · 75,000 square foot facility . Five-acre site . $10 - $12 million development and construction only, to be funded by private dev.eloper Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-16 FWCP - Chapter Six, Capital Facilities Public Parking Facility The existing city center development is currently near or at capacity with the required surface parking to business-space ratio. To intensify the development, such as the multi- story mixed-use developments envisioned by the community, additional parking space will be needed. These additional parking spaces would most likely be achieved through structured parking, consistent with the multi-story mixed-use business space. These structured parking facilities are likely needed in order for each of the super-blocks to regain grounds for redevelopment. With the construction cost of structured parking at a premium when compared to land cost, some public/private partnership would likely be needed for them to be financially feasible. The partnership may be in various forms, but the essence is consistent that public funds are invested to secure certain amount of parking spaces in an otherwise private-business parking facility. Public Parking Facility Recommendation · 200 to 400 designated public parking spaces in conjunction with privately developed parking structures for redevelopment projects located within the City Center · Between $5 - $10 million total. Investments will vary depending on the need and type of redevelopment projects at each location. City funding sources would be a combination of the City's economic development incentive fund and other state and federal economic development, and/or infrastructure funding sources. Financing Plan lt is desirable to have all theses facilities in the community as soon as possible. However, unless they are funded with private or voter-approved funding sources, the City's projected revenues will not support either the development or the required operating and on-going maintenance of these facilities. The financing of maintenance facility improvements is likely to be financed with contribution from King County for the proposed annexation. Other additional future facility additions would depend on future voter approval to raise additional capital and maintenance funds. The City updates its capital improvements program every other year in conjunction with its biennial budget process. These updates will reflect new project priorities and funding availability. 6.4.1 SCHOOL FACILITIES This section summarizes information in the Federal Way School District No. 210, ~ 2008 Capital Facilities Plan {School Plan} and adopts the School Plan by reference. This plan covers the entire Federal Way School District which includes the City of Federal Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.17 FWCP - Chapter Six, Capital Facilities Way, portions of the incorporated City of Kent, City of Des Moines, City of Auburn, and unincorporated areas of King County to the east of Interstate 5. The district provides educational programs to all students who live in the school district service area, whether they live in Federal Way, Kent, Des Moines, Auburn, or unincorporated King County. A school outside the Federal Way City limits may provide service to students who live within the City limits and vice versa. Inventory of Existing Facilities Map VI-6 shows the location of every school in the district. Table VI-6 summarizes the district's student capacity. The district has sufficient capacity in the existing schools and portable buildings to house all of the students in the district. Program Capacity The school district has established a Standard of Service, similar to LOS, for itself, which it calls "program capacity." The district's program capacity is based on: 1) the number of students per classroom; 2} the number of classrooms per school; 3) the number of classes that can be held in each classroom per day; and 4) other operational conditions. ummary 0 XJstin ~ aCI Itles apacltles 200+ CAPACITY 2008 ;lOO9 ~ 2m ~ ~ Aetwtl E1emeRtary I>ellaol ~ ~ ~ 9-4f4 9-4f4 9,414 9-4f4 Mi<l<lJe Sellaell H.J-& H.J-& H.J-& H.J-& ~ H.J-& H.J-& Senior Higll ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ s Table VI-6 fE FT' C .. * "'''lOTE.: The:e fRfm-jtie:: are for 13l:tihliAg: oR1.. iiRtll:In Aot IAehH:le flRFtable ehic:n'1flR'1:. The:e fIIfJaeitie: are h"\:ea OR the ffnniFfll,ufI use of (he hHiltliAg.. CAPACITY 2008 2009 2010 2011 2012 2013 2014 Actual Elementary School 8.495 8.495 8.495 8.595 8.695 8.695 8.695 Middle School 5.818 5.818 5.818 5.818 5.818 5.818 5.818 Senior Hi~h 5.969 5.969 5.969 5.969 5.969 5.969 5.969 TOTAL 20.282 20.282 20.282 20.382 20.482 20.482 20.482 *NOTL These cuoaolles are for huilllinl!s nnl\' and do not include oortable classroom... These canacllles are based on (he maxImum use of the bUlldml!s. Program capacity assumes that the average class will serve the following numbers of students: Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-18 FWCP - Chapter Six, Capital Facilities Grade K-2 20 Students per classroom Grades 3-5 25 Students per classroom Grades 6-] 2 26 Students per classroom G/\TE* 25 SwdeRts per classroom Special Education ] 2 Students per classroom Portables 25 Students per classroom IEP** ]5 StHdeRts rer e1assroom * GATE is tRe Giftetl anti Talented Etlueatien flregralR ** IEP are IRe Intli, itlual Etlueatien Pregraffls The school district uses portables at many school sites as an interim measure to house new students until permanent facilities can be built. There are other administrative measures that the school district could use to increase school capacity. These measures may include double shifting, modified school calendar, and year-round schooling. These measures have been used in the district on a limited basis, but not district wide. Forecast of Future Needs - Student Forecasts The school district's Business Services Department prepares a forecast of student enrollment annually. Projections are detailed at various levels; district total, school- building totals, and grade level totals. Special populations such as vocational students, special education students, and English as Second Language students are also included in the forecast. The basis for projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. In a stable population, the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. The district uses this method with varying years of history and weighting factors to study several projections. Because transfers in and out of school system are common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts and treats these statistics as a cohort of kindergarten for the appropriate enrollment years. Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method becomes less reliable the farther out the projections are made. The school district study of long-range projections includes information from jurisdictional planners and demographers as they project future housing and population in the region. Table VI-7 describes increased enrollment through the year ~ 2014. It shows that the school district's student population will grow steadily every year with the highest growth in elementary. The district has compared existing school capacity with growth forecasts. New construction, modernization and expansion, and additional portable purchases will mitigate the deficit in permanent capacity for the next six years. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-19 FWCP - Chapter Six. Capital Facilities e era ay c 00 Istnct to ent orecast ENROLLMENT (FTE) ~ ~ ~ ;!Ml) ~ ~ ~ AauaJ ElemeRtary 9J}.H 9,-j.J4 ~ ~ ~ ~ %J.4 ~1i("jle SElloel ~ 4,lW) 4,l)lj 4,JW} ~ ~ ~ SeRier Higl1 &.+98 ~ &.98& ~ ~ ~ €r.1-l4 ~ ~ ~ ~ ~ ~ ~ ~ Table VI-7 F d I W S hiD' . S d F ENROLLMENT (FTE) 2008 2009 2010 2011 2012 2013 2014 Budget Elementary 9.025 8.976 9.006 9.054 9.113 9.208 9.312 Middle School 5.162 5.091 5.119 5.120 5.085 5,037 5.011 Senior Hi gh 6.880 7.012 6.985 6.797 6.749 6.725 6.729 TOTAL 21.067 21.079 21.110 20.971 20.974 20.970 21.052 Location of New and Improved School Facilities The district presented a bond for voter approval on May ]5,2007, which was approved. The bond will be used to replace four elementary schools (Lakeland, Panther Lake, Sunnycrest, and Valhalla) and one middle school (Lakota). The Transportation, Nutrition Services, and Maintenance departments would also be replaced. Additionally, district wide upgrades to 24 other schools and district facilities will be paid for with the bond. Existing schools are identified in Map VI-6. Finance Plan Table VI-8 describes the school district's six-year finance plan to support the school construction. The table identifies $8,968,301 $7,833,686 available from secure funding sources and an additional $172,610,000 $123.940,000 anticipated from other funding sources between;wm 2008 and ~ 2014. These funds will cover the $158,000,000 $ I 04.386,946 in planned project costs to the year ~ 20] 4. The School Plan states that state matching funds and impact mitigation fees, if realized, will be used to decrease the need for future bonds or will be used on additional capital fund projects. The School Plan currently covers the years 20062013 2008-2014. The School Plan and accompanying six-year finance plan will be updated annually by the school district. This will bring the plan into full compliance with GMA requirements. Revised 2008 School. Fire. Water, and Sewer Comprehensive Plan Amendment VI-20 ~Hli UBI i ijnulli ~ ... ~ .... 's. 8 ; QOIri:: oog~ l N ~ s:~; Cl> .5 .... ... ~ '" '" ~I:S '0 ~ '"'" 0 CI.l .c>- ~ .~ .~ '" ::c = ~ .... ~ l$ ~ '" ~ "0 CI.l ... 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"'''' -c'C oc 00 I~ S; c '" E '0 C '" E <( c .. a:: '" > 'i); c 1! '" Q. E o (.) '" " '" en '0 c .. 03 1ij ;;: ~ u: " ..;; :g ~ ~ E,EI i ~ <> en <<> o o '" '0 ~ .~ a: FWCP - Chapter Six, Capital Facilities 6.4.2 WATER SYSTEMS This section summarizes the Lakehaven Utility District's +998 2006 Comprehensive Water System Plan (Water Plan, incorporated in full by reference) while providing up-to- date information where warranted. Map VI-7 shows Lakehaven Utility District's (hereinafter referred to as "the District" in this section) water service area boundary. Other purveyors provide water to portions of the District's corporate area. The Tacoma Public Utilities, for example, serves an area on the west side of the District's corporate area and the=Highline Water District serves a small portion of the north side of the District's corporate area (Map VI-8). The City of Milton serves a small area on the south side of the District's corporate area that is within the City of Milton limits. Areas on the east side of 1-5 within the City limits of Auburn and Pacific are also provided water service by the District by agreement with the cities. These areas are at a higher elevation than the valley cities can cost effectively serve. Inventory of Existing Facilities The locations of the District's wells, storage, and other major components of the distribution system are provided in the Water Plan. The water system includes approximately 450 miles of water main, 24 production wells, and 12 storage tanks. The average annual daily demand in ~ 2007 was about ~ 10.54 million gallons:per: day (MDG). The facilities are described in the following sections. Groundwater Resources The District's existing groundwater sources originate from four aquifer systems: the Redondo-Milton Channel Aquifer; Mirror Lake Aquifer; Easter Upland Aquifer; and the Federal Way Deep Aquifer. The Water Plan estimates that the combined production limit for these aquifers on an average-annual basis is 12.3 MGD during average precipitation, and 8.7 MGD during a simulated lO-year drought. The current peak-day combined pumping capacity is 27.8 MGD, assuming the District's largest production well, Well lOA (2,650 gpm), is out of service. Second Supply Project The District participates in the Second Supply Project (SSP, aka Tacoma's Pipeline No. 5). The District is accessing the pipeline at three flow control facilities provided at strategic locations along its route through greater Federal Way. These facilities allow the District to receive water from and send water to the Second Supply Project (SSP). These facilities together add an average +:8 7.6 MGD to the District's water supply, depending upon the availability of water from the Green River. Water available from the SSP is conditioned upon adequate in-stream flows in the Green River. Water Quality Historically Prior to 2000, the District has not had to treat its water supplies to meet regulatory requirements before distribution to its customers. However, the District began Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.23 FWCP - Chapter Six, Capital Facilities a chlorination and corrosion control treatment program in July 2001 for all of its groundwater and other sources of supply to meet newer regulations. The district's status with respect to regulated drinking water contaminants covered by the WAC 246-290 and anticipated water quality regulations is summarized in Section I O~ "Water Ouality," of the Water Plan. Regulations that are prompting treatment of the District's groundwater supplies are the Lead and Copper Rule, the anticipated Ground Water Rule, and the Surface Water Treatment Rule, due to the potential for iHcreased distribution of surface water obtained from Tacoma's (or other utilities') system(s) throl:lghOl,lt the District's distribl:ltioH system the SSP. The District has also installed water treatment systems at Well Sites 9, 17/l7A/17B, 19/19A, 20120A,.f.L. 22/22A/22B, 23/23A, and 29 that remove iron, manganese, and other impurities from the groundwater. Storage Facilities According to the Water Plan, storage facilities will remain adequate through the planning period. For the storage analysis, extended-period simulation modeling was conducted to evaluate the storage draw-down during fire flow events and to evaluate storage equalization during multiple-day periods of maximum-day demand conditions. The storage analysis model was conducted using the "Backup Power Approach," which is summarized in Section 9, "System Analvsis," of the Water Plan. The District has installed an emergency power system at its WelllO/lOA Site, and is in the process of has install~ emergency power systems at its Well17/l7A/17B, and I 9/l 9A, afld Well 25 sites to preclude the need for new storage facilities. Water Conservation Measures The District is committed to implementing aggressive water conservation measures to reduce per capita water consumption. These include programs such as public infonnation campaigns, including block water rate structure to reduce peak day consumption, winter- summer water rate adjustments to reduce summer consumption, and a "wet-month average" sewer rate structure. The District is also working with the City to introduce water conservation measures by amending the zoning and building codes. These measures include a requirement for low flow showerheads and toilets, utilizing species for landscaping with reduced irrigation needs, and use of reclaimed water for irrigation. TransmissionIDistribution System The results of computer modeling have found the transmission and distribution pipeline network to be very robust. Of particular note is that the fire insurance rating for South King Fire and Rescue improved from Class 3 to Class 2 in 2004. The majority of the District is served by this fire agency. Forty percent of the score for the rating process is based upon available water supply. This rating improvement is a significant accomplishment, as the new classification is on par with the rating held in Seattle and Bellevue, the only other departments to hold a Class2 rating (no fire agency in Washington holds a Class I rating). The pipeline network is continuing to be expanded through developer extension projects undertaken by land development activity. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.24 FWCP - Chapter Six, Capital Facilities Emergency Interties Emergeflcy The District has eight emergency interties the District's '.vater system with adjoining systems of other utilities. Emergency interties allow the District to buy or sell water with adjoining utilities in an emergency and provide& enhanced system reliability. The District has three emergency interties with the City of Tacoma's water system, three emergency interties with Highline Water District's water systems, aRd one emergency intertie with the City of Milton's water system, and one emergency intertie with the City of Auburn. Forecast of Future Needs The Water Plan estimates future need by analyzing existing water demand (measured consumption plus unaccounted-for/non-revenue water loss) patterns on a daily, seasonal, and yearly basis. The District breaks down the water demand values on an "equivalent residential unit" (ERU) basis, which is essentially the amount of water used by an "average" family residing in an "average" single family residence situated within the District's water service area, ifused uniformly over the year. The seven-year District- wide average of measured unit consumption between 1999 and 2005 was 234.41 gallons per day per ERU. When including the unaccounted-for/non-revenue water loss component, the District-wide average day demand becomes about 255 gallons per day per ERU. Population and employment growth projections converted to ERU's are then utilized to estimate future water demands. Utilizing a conservative methodology that disregards the impact of the District's water conservation efforts, the Water Plan estimates average day demands will increase from ~ 10.56 MGD in ~ 2010, to +-hQ4 ] 1.90 MGD in 20]2, and to +bR 13.76 MGD in 2025. Expanded and Improved Facilities The District has programmed a number of system improvements to maintain and expand the existing water system. These improvements are summarized below. Groundwater Resources The District is drilliflg afld developing an additional production well (Well No. 33) to perfect its water rights be added to the Well 19 water right permit. The District is continuing to pursue its OASIS projeet (Optimization of Aquifer Storage for Increased Supply) project, under the ASR cOflcept (Aquifer Storage and Recovery) concept. The OASIS feasibility study determined that the Mirror Lake Aquifer can be used to store up to approximately 9.4 billion gallons of water filled over the winter from excess water supply and withdrawn over the drier summer months for water supply purposes. Combining funding from its wastewater utility, the District is also pursuing its Water Reuse/Reclamation Prejea Program, utilizing wastewater suitably treated at the Lakota Wastewater Treatment Plant, conveyed through a separate pipeline system, and utilized for beneficial purposes, such as augmenting groundwater supplies. Revised 2008 School, Fire, Water, and Sewer Comprel1ensive Plan Amendment VI.25 FWCP - Chapter Six, Capital Facilities Second Supply Pipeline Improvements are being implemented to the Howard Hanson Dam-on the Green River that will expand storage behind it, which will help mitigate the seasonal variation in available water by increasing in-stream flows during the drier parts of the year. Water Quality Filtration is planned for the Green River water conveyed by the Second Supply Project in the future in coordination with the SSP partners., The District has plans to install watef one additional treatment systems at the Well ~ JOC, site 17.'17;\/17:8, afld 2] to remove iron, manganese, and other impurities from the groundwater. TransmissionIDistribution System Minor improvements to the transmission and distribution pipeline network are recommended in the Water Plan, such as a new transmission main in the Adelaide and Lake Grove neighborhoods to convey water more efficiently to nearby storage facilities. The District has also developed a design feasibility report for the OASIS 538-578 Pressure Zone Transmission Main Proiect. This proiect would improve the local supply capabilities from Pressure Zone 538 to Pressure Zone 578. Significant investments are also contemplated to relocate existing pipelines that will conflict with infrastructure resulting from street improvement projects undertaken by other agencies within the District's water service area. Finance Plan A utility undertakes a capital program for many different reasons, including: expanding the capacity of its systems, maintaining the integrity of existing systems, and addressing regulatory requirements. The District is required to comply with its own Water Plan and to support regional decisions on population growth and land use. The District has identified several significant capital improvement projects in its Water Plan. The scheduling of these projects is included in the District's most recent Capital Improvement Program (CIP) that is developed and approved annually. The District has access to sufficient funds that can be utilized for operation and maintenance of its existing facilities, and for pursuing capital projects. In addition, the District has depreciation, interest income, assessment income, and connection charge monies that it can utilize for funding the CIP. Additionally, the District can borrow money or increase rates, if necessary, to best meet the needs of its customers. The District has utilized a very conservative approach in budgeting for the CIP by utilizing the growth projections developed by each of the land use jurisdictions located within the District. The District will provide facilities as required to support growth within its service area. The schedule and project costs will be updated annually through the District's budget and capital improvement program process. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment Vt-26 FWCP - Chapter Six, Capital F aeilities 6.4.3 SEWER SYSTEMS Lakehaven Utility District's Comprehensive Wastewater System Plan (Wastewater Plan, incorporated in full by reference, including modifications made to it through the first four amendments [Amendment No.4 was adopted on February 9, 2006], and any future amendments) was last updated in 1999. The Wastewater Plan is in the process of being updated and is scheduled to be Mpdated soon for completion in the summer of 2009. The Lakehaven Utility District's (hereinafter referred to as "the District" in this section) sewer area is located in the southwest portion of King County, including the unincorporated areas east of the existing City limits of Federal Way. Map VI-9 shows the District's sewer service area. Other utilities provide retail sewer service to relatively small portions of the District's corporate area, including Midway Sewer District on the north side of the District, the City of Auburn on the east side of the District, and the City of Milton/Pierce County on the south side of the District. In addition, other utilities provide conveyance and treatment services to portions of the Di strict's retail sewer service area, including Midway Sewer District, Metro/King County, Pierce County, and the City of Tacoma. As of the end of ~ 2007, the District was serving a residential population of approximately 8+;OOQ 114,000 through M;{)OO 24.500 connections. Inventory of Existing Facilities The sanitary sewer system is comprised of three major components: the trunk collection system, the pump station system, and the wastewater treatment and disposal system. The trunk system collects wastewater from drainage basins and conveys it to the treatment facilities, primarily by gravity flow. In areas where the use of gravity flow is not possible, pump stations and force mains are used to pump the sewage to a location where gravity flow can be used. The locations of the major components are provided in the Wastewater Plan. The existing collection system operated and maintained by the District consists of approximately ~ 340 miles of sanitary sewer pipe, 28 pump stations, six siphons, and two secondary wastewater treatment plants, namely the Lakota Wastewater Treatment Plant and the Redondo Wastewater Treatment Plant. The system has been constructed over a number of years, as dictated by development trends in the area. The system is currently divided into seven primary basins and 40 smaller sub-basins. The wastewater generated within the two largest basins, Lakota and Redondo, flow to the District's wastewater treatment plants. The remaining five basins currently discharge to the other utilities for treatment and disposal, as mentioned above. The District currently has the capacity in all the major components of the system to accommodate the existing demand for sanitary sewer service. The wastewater treatment plants have been retrofitted with ultraviolet (UV) disinfection systems to replace chlorination systems to comply with state regulations. Major sewer facilities have recently been constructed to expand sewer service into large "unsewered" areas (the 19th/20th Avenue SW Sewer Trunk and Weyerhaeuser Sewer Trunk), and to divert flow to its own Revised 2008 School, Fire, Waler, and Sewer Comprehensive Plan Amendment VI-27 FWCP - Chapter Six, Capital Facilities treatment facilities that had previously been conveyed to other utilities for treatment (Pump Station No. 45 and the South End Diversion Sewer Trunk). Significant upgrades have been undertaken for its largest pumping facility, Pump Station No, 6, to improve its reliability and provide an odor control system. Other existing pump stations have been significantly upgraded with new pumps and electrical systems (Pump Station No.7, 10, and 22), and others have been provided on-site emergency generators to allow their continuous operation during a commercia] power outage (Pump Station No. 35). A recent major project was undertaken to replace deteriorated pipe materia] for the North Beach Sewer Trunk Pipeline along the Puget Sound shoreline at Lower Woodmont. In addition to the expansion of the District's collection system funded by developers, the District recently funded a new low pressure sewer collection system to provide sewer service avai]al3i]ity to residents in the establisHed Lakota BeacH neighborHood near tHe Puget SOl:lnd shore]il'le in the North Lake and Five Mi]e Lake areas. Forecast of Future Needs Population forecasts are based on the adopted land use plans of the various jurisdictions within which the District operates. The population figures are presented by drainage basin to allow for evaluation of the system and consideration of future improvement alternatives. The population within the District's sewer service area is projected to increase to nearly 150,000 127,000 by ~ 2028, approaching the projected "u]timate" population of ]80,000 based upon land capacity. An estimated 7,500 on-site wastewater disposal systems are in operation within the District's corporate boundary. It is anticipated that sewer service will be extended to these "unsewered" areas as on-site systems become less viable to maintain and/or when new development requires public sewers. The average base daily flow tributary to the District's two wastewater treatment plants, excluding infiltration and inflow (l & I), is currently estimated at ~ 7,2 MGD and is expected to increase to nearly W 8.2 MGD by ~ 2028, and nearly ] 7,0 MGD at full development. Peak hourly flows tributary to the District's two wastewater treatment plants, including I & I, are currently estimated at ~ 20.0 MGD, and are expected to increase to nearly ~ 21.3 MGD by ~ 2028, and 40.0 MGD at full development. Hydrau]ic capacity at both wastewater treatment plants is estimated to be available up to the original aesign peak hour capacities of 22.2 MGD for Lakota and] 3.8 MGD for Redondo. Expanded and Improved Facilities The District is p]arll'lil'lg has started construction for the rehabilitation and lengthening of the Redondo Wastewater Treatment Plant's outfall pipeline that discharges treated wastewater into Puget Sound. This proiect will be completed by September 2008. A project to further dewater and dry the replace old bioso]ids materia] that results from the v/aste\vater treatment process is being considered dewatering equipment with new, more efficient equipment to help reduce operating costs is under design. The District is pursuing many other proiects to improve the performance of the facilities (energy Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment V~28 FWCP - Chapter Six, Capital Facilities conservation, water Quality, biosoild quality, reduced maintenance, etc.). Combining funding from its water utility, the District is also pursuing its Water Reuse/Reclamation Project, utilizing wastewater suitably treated at the Lakota Wastewater Treatment Plant, conveyed through a separate pipeline system, and utilized for beneficial purposes, such as augmenting groundwater supplies. Additional new and expanded sewer facilities are planned to divert additional flow to its own treatment facilities that is currently being conveyed to other utilities for treatment (new Pump Station No. 44 and expanded Pump Station No. 33). On-site emergency generators are planned at other existing pump stations (Pump Stations No. 12, 37 and 41) to allow their continuous operation during a commercial power outage. The District is continuing to fund new pressure sewer collection systems to provide sewer service availability to residents in established neighborhoods, particularly those around lakes (North Lalee, Five Mile LaJee, ete.). Finance Plan A utility undertakes a capital program for many different reasons, including: expanding the capacity of its systems, maintaining the integrity of existing systems, and addressing regulatory requirements. The District is required to comply with its own Wastewater Plan and to support regional decisions on population growth and land use. The District has identified several significant capital improvement projects in its Wastewater Plan. The scheduling of these projects is included in the District's most current Capital Improvement Program (CIP) that is developed and approved annually. The District has access to sufficient funds that can be utilized for operatiom. and maintenance of its existing facilities, and for pursuing capital projects. In addition, the District has depreciation, interest income, assessment income, and connection charge monies that it can utilize for funding the CIP. Additionally, the District can borrow money or increase rates, if necessary, to best meet the needs of its customers. The District has utilized a very conservative approach in budgeting for the CIP by utilizing the growth projections developed by each of the land use jurisdictions located with the District. The District will provide facilities as required to support growth within its service area. The schedule and project costs will be updated annually through the District's budget and capital improvement program process. 6.4.4 FIRE FACILITIES This section summarizes the South King Fire and Rescue Strategic Leadership Plan, and the department's subsequent updates. The fire department provides service to the entire City of Federal Way, the entire City of Des Moines, and surrounding unincorporated Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.29 FWCP - Chapter Six, Capital Facilities area. Tota] population in the department's service area is approximately ]50,000 citizens. Services include fire suppression, fire prevention (building inspection and public information), emergency medica], hazardous materials responses, public education, emergency management, and rescue emergencies (specia] operations). South King Fire and Rescue has a contract with the City of Federa] Way and Valley Communications for the provision of emergency 9]] communications, wherein they act together with the City as a part owner of Valley Communications. The South King Fire and Rescue Strategic Leadership Plan identifies and programs improvements that are necessary to maintain existing service standards and to meet the needs of future residents and businesses. The plan and future updates are adopted by reference into the FWCP. The fire department provides fire suppression service to the entire City. In order to do this, the department has adopted LOS standards found in the South King Fire and Rescue Reso]ution Number 4] 3. · Each emergency fire response should include a minimum of ] 5 trained and equipped firefighters and apparatus commensurate with the emergency (a standard response of four engines, one ladder truck, and one command vehicle are sent on all structural incidents). . Each emergency medica] response should include a minimum of one response vehicle and three fully-equipped and fully-trained crew members on a responding engine company, or two crew members on an aid car (either an engine or an aid car, or a combination of both, can be sent on the response depending upon the severity). . The fire department provides a full building inspection service for fire code compliance. The department is currently providing service that is generally consistent with its adopted LOS standards. The fire department also depends on having adequate water pressure available in fire hydrants to extinguish fires. The department works with the Lakehaven Utility District, High]ine Water District (in the City of Des Moines), and other water utilities within its corporate limits, to ensure that adequate "fire flow" is always available. Lakehaven Utility District's Water System Plan analyzes "fire flow" rates available at different points in its water system, and programs improvements to the water system to ensure that sufficient water is available for fire suppression. Emergency Medical Services Emergency Medica] Services (EMS) responds to 911 calls and provides field services. This service is paid for by property taxes. EMS is provided as a marginal cost to the fire department as fire facilities are utilized to provide this service to the community. The fire department replaces its five front line aid cars, of which staffs three on a norma] basis, Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-3D FWCP - Chapter Six, Capital Facilrties commensurate with its capital replacement plan and capital reserves system. The section on funding (Funding Plan) addresses how the ongoing replacement purchase of these aid cars will be funded. Inventory and Capacity of Existing Facilities The department has two major types of capital facilities. One is fire stations and the other is capital investment in equipment and, in particular, fire engines, The department's fire stations are shown on Map VI-IO. Forecast of Future Needs From 1986 through 1992, emergency responses increased at an average annual rate of over eight percent. In 1990, public education efforts included 91 I-use/abuse training. The increases in call volume during 1993 and 1994 leveled off with 1994 volume increasing only 1.5 percent from the 1992 level. It is unknown, however, how much, if any, effect the 911 public education effort had on actual call volumes. In 1995 and 1996, calls for service again increased at an average rate of 8.1 percent. Although calls actually decreased slightly in 1997, call volumes increased by 14 percent in 1998. The call data indicates a fairly steady increase of approximately six percent per year. Emergency medical incidents have increased more rapidly than non-medical incidents. During the 1990s, structure fires have declined, The challenge for the fire department will be to manage fixed-cost investments, such as new stations, and to be flexible in its ability to meet fluctuating call volumes. Location and Capacity of Expanded or New Facilities In September of 2005, the citizens within the City of Des Moines (protected by King County Fire Protection District #26) voted overwhelmingly to merge with the bity-ef Federal Way Fire Department (King County Fire Protection District #39). The result of this merger caused the name of the fire department to change from the Federal Way Fire Department to its present South King Fire and Rescue. The legal name for the fire district is actually King County Fire Protection District #39 (KCFPD #39), although the department does business as South King Fire and Rescue. South King Fire and Rescue operates out of eight stations, seven of which are respon~e stations with the eighth being a training and maintenance facility. Two of the eight stations are located within the City of Des Moines, two stations lie within unincorporated King County, and four are located with the City of Federal Way. As of 2006 projections, the fire department responds on approximately 16,000 emergencies annually. The department may have need for an additional station in the near future in the south end of the City in the vicinity of 3561h and Pacific Highway; or, possibly a little more north in the area of South 3361h or 3481h and Pacific Highway South. If this area continues to experience significant commercial growth, the department anticipates that the calls for Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.31 FWCP - Chapter Six, Capital Facilities service will also continue to grow. In this eventuality, an additional station may be needed to maintain acceptable response times. The department has acquired property in the area of 356th and Pacific Highway South through a swap of properties with Lakehaven Utility District to assure future availability of a station site. Additionally, the department may have a need for an additional station in the future in the far north end of the fire district within the City of Des Moines. The North Hill area of Des Moines is protected both by South King Fire and Rescue, as well as KCFPD #2, via an interlocal first response agreement. The timing of this potential new station would be predicated upon any future merger discussions between the two fire districts (South King Fire and Rescue and KCFPD #2), none of which are currently taking place. Any new station should be able to accommodate an on-duty crew of three fire fighters, with appropriate living and sleeping quarters. In addition, the structure should be able to house two engines and an aid car, with room for growth dictated by LOS demands. It may also be appropriate to provide a public meeting room and an office for community policing in new facilities. The cost of these facilities is approximately $2,000,000 $4,000,000. Equipment would be in the range of $700,000 $ I ,000,000 for a new station. The fire department does not presently have a timeline for construction of new fire stations at either of their two proposed fire station locations. Funding Plan The fire department has established a capital reserve fund for the systematic replacement of all capital equipment. These reserves are funded from the annual revenues of the department. The department also has established a long term goal of a minimum of four- paid fire fighters on each fire apparatus (this is the national standard adopted by NFP A 17 I 0). Additional staff that is hired in support of that goal will be funded from either new construction levies or additional voter-approved levies. The department has not established any funds for purchase of new stations or associated equipment. These purchases would require voter-approved bonds. In the department's annually adopted budget, capital projects are identified. This capital projects list is up-dated based on completed projects and changing priorities. The FWCP adopts by reference the South King Fire and Rescue Strategic Leadership Plan~ as well as the annual capital improvements program update. Additionally, the department is seeking to receive impact fees based upon growth within the community, which directly affects its level of service. This is being sought both locally and legislatively, as fire districts have to manage growth the same as schools and other public facilities. If successful. impact fees could assist in offsetting the capital costs of added infrastructure. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-32 FWCP - Chapter Six, Capital Facilities 6.5 GOALS AND POLICIES The goals and policies in this section implement the GMA requirements and the CWPP. The City of Federal Way takes responsibility for implementing only those goals and policies for services provided by the City. Special service districts, such as the school, utility, and fire districts, must implement goals and policies that are consistent with their respective plans. The City does intend, however, to closely coordinate the City's plan with these service districts so that the citizens of Federal Way receive the highest level of service possible. Goal CFGl Annually update the Capital Facilities Plan to implement the FWCP by coordinating urban services, land use decisions, level of service standards. and financial resources with a fully funded schedule of capital improvements. Policies CFPl Provide needed public facilities and services to implement the FWCP. CFP2 Support and encourage joint development and use of community facilities with other governmental or community organizations in areas of mutual concern and benefit. CFP3 Emphasize capital improvement projects that promote the conservation, preservation, redevelopment, or revitalization of commercial, industrial, and residential areas in Federal Way. CFP4 Adopt by reference all facilities plans and future amendments prepared by other special districts that provide services within the City. These plans must be consistent with the FWCP. CFP5 Adopt by reference the annual update of the Federal Way Capital Improvement Program for parks/recreation, surface water management, and the Transportation Improvement Program. CFP6 Protect investments in existing facilities through an appropriate level of maintenance and operation funding. CFP7 Maximize the use of existing public facilities and promote orderly compact urban growth. Goal CFG2 To meet current needs for capital facilities in Federal Way, correct deficiencies in existing systems, and replace or improve obsolete facilities. Revised 2008 School, Fire. Water. and Sewer Comprehensive Plan Amendment VI-33 FWCP - Chapter Six, Capital Facilities Balancing existing capital facilities needs with the need to provide additional facilities to serve growth is a major challenge for Federal Way. It is important to maintain our prior investments as well as serve new growth. Clearly, tough priority decisions are facing Federal Way policy-makers. Policies CFP8 Give priority consideration to projects mandated by law, and those by state and federal agencies. CFP9 Give priority consideration to subsequent phases of phased projects when phase one is fully funded and under construction. CFPIO Give priority consideration to projects that renovate existing facilities and preserve the community's prior investment or reduce maintenance and operating costs. CFPll Give priority consideration to projects that correct existing capital facilities deficiencies, encourage full utilization of existing facilities, or replace worn out or obsolete facilities. CFP12 Give priority to projects where leveraged monies such as grants and low interest loans can be used. Goal CFG3 Provide capital facilities to serve and direct future growth within Federal Way and its Potential Annexation Area as they urbanize. It is crucial to identify, in advance of development, sites for schools, parks, fire and police stations, major stormwater facilities, greenbelts, open space, and road connections. Acquisition of sites for these facilities must occur in a timely manner and as early as possible in the overall development of the area. Otherwise, acquisition opportunities will be missed, with long-term functional or financial implications. Policies CFP13 Provide the capital facilities needed to serve the future growth anticipated by the FWCP. CFP14 Coordinate efforts between the Public Works and Parks Departments in the acquisition of and planning for public open space, recreation, public education, and stream preservation within the Hylebos Basin. Departments may combine resources as appropriate to increase project efficiencies and success rates in pursuit of grant opportunities. CFP15 Give priority consideration to projects needed to meet concurrency requirements for growth management. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.34 FWCP - Chapter Six, Capital Facilities CFP16 Plan and coordinate the location of public facilities and utilities in advance of need. CFP17 Implement a concurrency management system which permits project approval only after a finding is made that there is capacity available in the transportation system sufficient to maintain the adopted level of service standard. CFP18 The provision of urban services shall be coordinated to ensure that areas identified for urban expansion are accompanied with the maximum possible use of existing facilities and cost effective service provisions and extensions while ensuring the protection and preservation of resources. CFP19 Coordinate future economic activity with planning for public facilities and services. CFP20 Purchase property in the Potential Annexation Area and keep it in reserve for future City parks and surface water facilities. CFP21 Consider public/private partnerships to leverage structured parking in association with City Center development or redevelopment, in fulfillment of comprehensive plan vision and goals. Goal CFPG4 Provide adequate funding for capitalfacilities in Federal Way to ensure the FWCP vision and goals are implemented. The GMA requires that the Land Use chapter be reassessed if funding for capital facilities falls short of needs. The intent is to ensure that necessary capital facilities are available prior to, or concurrently with new growth and development. Capital facilities plans must show a balance between costs and revenues. There are essentially five options available for balancing the capital facilities budget: increase revenues, decrease level of service standards, decrease the cost of the facilities, decrease the demand for the public service, or reduce the rate of growth and new development. Policies CFP22 Manage the City of Federal Way's fiscal resources to support providing needed capital improvements. Ensure a balanced approach to allocating financial resources between: I) major maintenance of existing facilities; 2) eliminating existing capital facility deficiencies; and 3) providing new or expanding existing facilities to serve new growth. CFP23 Use the Capital Facilities Plan to integrate all of the community's capital project resources including grants, bonds, general funds, donations, impact fees, and any other available funding. CFP24 Ensure that long-term capital financing strategies and policies are consistent with all the other FWCP chapters. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-35 FWCP - Chapter Six, Capital Facilities CFP25 Pursue funding strategies that require new growth and development to pay its fair share of the cost of facilities that are required to maintain adopted level of service standards. One such strategy that should be implemented in the near term is an impact fee program for parks and transportation. CFP26 Promote a more efficient use of all public facilities by enacting interlocal agreements which facilitate joint maintenance and operations of those facilities. CFP27 Use the following available contingency strategies should the City be faced with capital facility funding shortfalls: · Increase revenues by selling general obligation bonds, enacting utility taxes, imposing impact fees, and raising property tax levy rates. · Decrease level of service standards to a level that is more affordable. · Decrease the cost of the facility by changing or modifying the scope of the project. · Decrease the demand for the service or facilities by establishing a moratorium on development, focusing development into areas where facility capacity is available, or changing project timing and/or phasing. CFP28 Aggressively pursue grants or private funds when available to finance capital facility projects. CFP29 Maximize the usefulness of bond funds by using these monies to the greatest extent possible as matching funds for grants. Goal CFPG5 Ensure that the Federal Way Capital Facilities Plan is current and responsive to the community vision and goals. The role of monitoring and evaluation is vital to the effectiveness of any planning program and particularly for the Capital Facilities chapter. The City's revenues and expenditures are subject to economic fluctuations and are used to predict fiscal trends in order to maintain the City's adopted level of service for public facilities. This Capital Facilities Plan will be annually reviewed and amended to verify that fiscal resources are available to provide public facilities needed to support adopted LOS standards. Policies CFP30 Monitor the progress of the Capital Facilities Plan on an ongoing basis, including the completion of major maintenance projects, the expansion of existing facilities, and the addition of new facilities. Evaluate this progress with respect to trends in the rate and distribution of growth, impacts upon service quality, and FWCP direction. CFP31 Review, update, and amend the Capital Facilities Plan annually. Respond to changes in the rates of growth, new development trends, and changing City priorities, budget, and financial considerations. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.36 FWCP - Chapter Six, Capital Facilrties Make provisions to reassess the FWCP periodically in light of the evolving Capital Facilities Plan. Take appropriate action to ensure internal consistency of the chapters in the plan. CFP32 Continue to coordinate with other capital facility and service providers to ensure that all necessary services and facilities are provided prior to or concurrent with new growth and development. Goal CFPG6 Manage the Suiface Water Utility in a manner that makes efficient use of limited resources to address the most critical problems first, and which expresses community values and priorities. Policies CFP33 The utility shall continue to have a role in developing and implementing regional, state, and federal surface water policies and programs and, in doing so, shall seek to: · Achieve the City's environmental goals. · Contain utility ratepayer costs. · Ensure state and federal requirements are achievable. · Maintain local control and flexibility in policy/program implementation. · Provide consistency with CWPP. The utility's role in developing and implementing regional, state, and federal surface water policies and programs will include: · Influencing legislation through lobbying and written and verbal testimony during formal comment periods · Participating in rule making · Reviewing technical documents · Serving on advisory committees and work groups · Participating in multi-jurisdictional studies and basin planning · Entering into cooperative agreements with neighboring and regional agencies to accomplish common goals as appropriate and necessary CFP34 The utility's funds and resources shall be managed in a professional manner in accordance with applicable laws, standards, and City financial policies. CFP35 The utility shall remain a self-supporting enterprise fund. CFP36 The utility Capital Improvement Program (CIP) will provide funding for the following types of projects: I) Projects addressing flood control problems. 2) Projects needed to meet water quality policies. 3) Projects needed.for renewal/replacement or additions to current infrastructure and facilities. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-37 FWCP - Chapter Six, Capital Facilities 4) Projects necessary for resource protection and stewardship. CFP37 To the extent of funding limitations, the CIP shall be sustained at a level of service necessary to implement cost effective flood control mitigation; meet water quality policies; maintain system integrity; provide required resource stewardship and protection; and meet federal, state, and local regulations. CFP38 The utility will continue to strive to minimize the use of loans to fund necessary capital improvements, and will generally operate on a "pay-as-you-go basis." However, low interest loans (i.e. Public Works Trust Fund) and/or grants will be used to leverage local funds when feasible. CFP39 Rates shall be set at the lowest level necessary to cover utility program expenses, meet levels of service identified in the "Comprehensive Surface Water Management Plan," meet debt coverage requirements, and sustain a reserve balance consistent with these policies on a long-term basis. CFP40 Utility rates shall be evaluated annually and adjusted as necessary to achieve utility financial policy objectives. CFP41 Utility rates will allocate costs between different customer classes on an equitable basis. CFP42 The utility rate structure will be based on a financial analysis considering cost- of-service and other policy objectives, and will provide adjustments for actions taken under approved City standards to reduce related service impacts. CFP43 Rates shall be uniform for all utility customers of the same class throughout the servIce area. CFP44 Rate assistance programs may be provided for specific low-income customers. CFP45 The utility's annual budget and rate recommendations shall provide funding for the following reserve components: I. A working capital component based on 45 days of the current year's budgeted operating and maintenance expenses. Under no circumstances shall a budget be submitted for a planned drop in reserves below this level. 2. An emergency/contingency component to cover excessive costs resulting from unexpected catastrophic events or system failures. Based on historical utility experience, this amount will be set at $500,000, which is the estimate of the net cost of emergency services to be paid from rate resources, excluding any potential reimbursements that may be received from Federal Emergency Management Act grants, the City's General Liability Fund, or other external revenue sources. 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This means that the Private Utilities chapter must be fully coordinated with other chapters of the FWCP, This is particularly important for Federal Way's City Center and in the 1-5/99 corridor where new development and other land use change is anticipated in the near future. In accordance with WAC 365-1 95-320(2)(c), this Private Utilities chapter includes plans for natural gas, electricity, telecommunications, and cable television service for the City and its planning area (Map X-I - Council Approved PAA Boundary, maps are located at the end of the chapter and were revised in 2007 as part of the 2006 Comprehensive Plan Amendments), Each utility plan will describe and analyze existing and proposed utility systems within Federal Way and improvements necessary to meet growing consumer demand, In most cases, maps are provided to illustrate the existing system and proposed improvements, Plans for water supply and sewer are found in the Capital Facilities chapter of the FWCP, The City sees the GMA requirement to prepare a Private Utilities chapter as an opportunity to identify ways of improving the quality of services provided within the City, The City will use this Private Utilities chapter to identify goals and develop policies to ensure that provision of utilities is properly coordinated with land use, The City acknowledges that it would not have been possible to prepare this chapter without the assistance of local utility providers, 10.1 ORGANIZATIONAL AND lEGAL CONTEXT Privately owned electrical, natural gas, and line telephone utilities are regulated by the Washington Utilities and Transportation Commission (WUTC), Cellular telephone communication companies are licensed by the Federal Communications Commission (FCC), Cable television companies are regulated by the Federal Communications Commission (FCC) and the Communications Act of 1934, as amended, Private utilities must have a franchise agreement to place utilities in the public right-of-way or on private property, Franchise agreements give each utility the non-exclusive right to provide its category of service within the City, FWCP - Chapter Ten, Private Utilities 10.2 COUNTYWIDE LAND USE POLICIES FOR UTILITIES The King County Growth Management Planning Council (GMPC) drafted the following Countywide Planning Policy (CWPP) that is relevant to private utilities: C06 Aggressive conservation efforts shall be implemented to address the need for adequate supply for electrical energy and water resources, protect natural resources, and achieve improved air quality. Efforts shall include, but not be limited to, public education, water reuse and reclamation, landscaping which uses native and drought-resistant plants and other strategies to reduce water consumption, small lot size, low-flow showerheads, conservation credits, and energy efficiency incentives in new and existing buildings, This Private Utilities chapter is consistent with the aforementioned CWpp, 10.3 PUGET SOUND ENERGY Description of Utility Puget Sound Energy Company, Inc, (PSE) is an investor owned private utility headquartered in Bellevue, Washington, It provides electric and natural gas service to approximately 1,377,388 1,042,213 metered customers within the company's 6,000 square mile service territory. This service territory encompasses eleven counties in western and central Washington, PSE is regulated by the Washington Utilities and Transportation Commission (WUTC) and the Federal Energy Regulatory Commission (FERC), The Natural Gas Policy Act of 1978 was designed to increase competition among energy sources by encouraging the development of new natural gas resources and the development of nationwide transmission pipelines, PSE builds, operates, and maintains an extensive electric and gas distribution system consisting of generating plants, electric transmission lines, gas supply mains, distribution systems, substations, and pressure regulating stations. It is a hydroelectric-based company purchasing about 40 percent of its power from utilities that own five large hydro facilities on the Columbia River. 8* Four PSE owned hydroelectric plants, on the Nooksack, Baker River, Snoqualmie, Whtte, and Puyallup rivers add to the hydro base on the west side of the Cascades, Other PSE owned or partly owned sources include three coal-fired plants (in Colstrip, Montana), and six gas and oil-fired plants, Revised 2002 2009 X.2 FWCP - Chapter Ten, Private Utilities General Location PSE supplies electric and natural gas service within the entire limits of the City of Federal Way, The quality of service within Federal Way is dependent on the local delivery system operated by PSE, the bulk transmission system operated by Bonneville Power Administration (BPA), and power generation by a number of agencies, including PSE, Natural gas is supplied to the entire region through pipelines owned and operated by Williams Gas Pipeline - West, Salt Lake City, Utah, The "gate station" off the pipeline that provides most of the natural gas supply to Federal Way is located in Derringer (near Auburn), Type of Service: Electric Transmission Lines (II5kV), Schematically, Figure X-I (page 4) describes how electricity is transmitted from the generation source to customers, Map X-2 describes that portion of PSE's transmission system that covers Federal Way, It is a grid that provides a link between BP A's Bulk Transmission System and the local distribution system that connects with customers, The "Bulk Transmission System" is operated by the BP A, which operates a region wide, interconnecting, transmission system that supplies electric power to utilities from federal hydroelectric projects east and west of the Cascades, The primary service BPA provides to PSE is wheeling energy around the region, All the transmission lines supplying Federal Way are energized at 115kV (Kilovolt), These lines supply power into the Federal Way distribution system and provide connections to Tacoma City Light, King, and Pierce Counties, Power is transferred from the transmission system to Federal Way's local distribution system at six distribution substations, Power also comes into the City from substations located in Pierce County and unincorporated King County, Transmission Switching Stations, The only switching station in Federal Way is the Starwood Station, Switching stations are used to control and monitor power flow on I] 5kV lines in order to increase system reliability, Distribution Substations. Distribution substations transform voltages of 115kV or greater to lower voltages of ]2 or 34kV, The following stations are located in Federal Way: Lakota, Kitts Corner, Belmore I, Belmore II, Marine View, Starwood 1, Starwood 2, West Campus, and Weyerhaeuser. Future Facility Construction PSE predicts that the load for the greater Federal Way area will gro',v by 103,9 MV.\ between 1990 afld 2020, Map X-2 shows proposed transmission lines and substations necessary to increase service reliability and/or capacity in the Federal Way area to meet this projected load growth, The additional substations needed include: · Enchanted · Steel . Killamey · Twin Lakes · Federal Way Five Mile Lake · Dolloff . In addition, Marine View will be expanded to a switching station, Revised 2002 2009 X.3 FWCP - Chapter Ten, Private Utilities Figure X-I Electricity Supply From Source to Customer Hlgh.vollage Tranamlulon LInes ~.2 ~ I~ .~ Substation Transrrmer I 15kV transmission lines are proposed in two separate locations: · One additional line extending from Marine View Substation located at approximately South 2951h and Pacific Highway South, east generally along 3041h Street to 51 51 Avenue South, · One additional line along Military Road from South 320lh Street south to the Pierce County line, PSE forecasts that these improvements, along with others elsewhere in the subarea, will produce a system that will be operating at 72,5 percent of capacity by the year 2020. Additional transmission line and transformer capacity may be necessary on the PSE/Tacoma City Light (TCL) intertie at Starwood. Proposed cog.eneration facilities in TCL's tideflats area could potcfltially expand may require expansion of the existing Revised 200a 2009 X-4 FWCP - Chapter Ten, Private Utilities system, The timing of any improvement would depend on the design and capacity of the cogeneration facility. PSE also has an active asset management plan, The plan includes replacing poles as they age, and as necessary to maintain or to increase line clearances, Type of Service: Natural Gas PSE provides natural gas to the City and surrounding communities through a network of interconnecting supply and distribution mains (Map X-3). The components and hierarchy of natural gas supply are illustrated in Figure X-2 (page 6). According to P8E's Rate DepartmeHt, tIhe average house (using natural gas for both heat and hot water) consumes about 1,000 therms per year. Ten therms equals approximately one "mcf' (one thousand cubic feet) of gas per year, Whefl planning the size of new gas mains, PSE I:lses a satl:lratioR model "/hicH assl:lmes all new hOl:lseholds willl:lse natl:lral gas since 99 )3erceflt of new Homes const-ructed, where bl:lilders have the choice, are I:lsing natl:lral gas, Extension of service (typically con'/ersion) is based on reql:lest afld the resl:llts of a market aHalysis to determine if revenl:les from"afl exteRsion '.vill offset the cost of constrnctioR. PSE had 17,319 gas cl:lstomers in the City as of November 1999. There were 12,855 in the City in November 1989, Based OR growth, PSE aRticipates 22,500 cl:lstomers iR the City by 2009, The existiRg system is capable of sl:lpplying approximately 50,000 Cl:lstomers in the Federal 'Nay area, It is estimated that PSE currently serves 17,971 customers within the city limits of the City of Federal Way, Gas Supply Mains: These are geflerally larger diameter (sixjnch steel and larger) mains designed to operate at higher pressl:lre (100 psig to 250 )3sig) to deliyer nattlral gas from the sl:lpply sOl:lrce to pressl:lre redl:lcing statioRs. PSE has 35,650 feet of 12 iRcH sl:lpply main located in Military Road SOl:lth and 3,200 feet of six iReh located elsewher'i:), Pressur-c Reducing (District Regulaters) StetioRs: These are located at various 10catioRs throtlghol:lt the system to redm:e stlppl)' maifl pressl:lre to a standard distribl:ltiofl operatiflg pressure of approximately 60 psig, There are five regulator statiofls located in Federal Way. Distrihutien Meins: Distributiofl mains are fed from District Regl:llators, These are typically 8,6, 4,2 afld 1,25 inch in diameter. The pi)3e material is tY)3ieally polyethylene (PE). PSE cl:lrrently has approximately 350 miles of distribl:ltion main serving within the City of Federal Way, Supplv mains (measuring 16", 12", 8",6", and 4" in diameter) transport gas from the gate stations to district regulators, This pipe material is tvpically wrapped steel (STW), Revised 2002 2009 X.5 FWCP - Chapter Ten, Private Utilities Figure X-2 Typical Puget Sound Energy Distribution System GATE STATION The PO/nl21 IYlilch 02$ rrom NW prpeDne enlerS the WNG SJSlttIl. Here an OIIOranlls aIMed IO! salaly, Pressure Is reduet\lto 200 10 300 P$~ and lhs Ou Is metered, LIMITING STATION Here Ilia prume Is leduet\lllom 260 psi 10 between 60 and 200 psl limning slIItontlle ollen aboYe-oround SUUClures. ~-~ milt! lell Incllldll , reOVlalor'Hl1lch CUll IhlllllSSUllIO aboul 1/4 psL TIll METER al your homI mllSUlu lhumDUllI 01 nllanl gls beIng used 'or spael and IIaler helllng and oilier VSIS. ., I. ., ~(I."" .., ., ., ., , .., - TRANSMISSION LINE .., These underground nnes III balween 6 Ind 16 inches In dllmeter. Pressure In .., Ihese Ones lYeraoeuroIXld 250 psI, >>> >>> >> i' i' ~~~ NORTIIY,lEST PIPELINE Ths lntelltlls plpeDnl le~no VIIIO Is NW Plplllna, wbtch conslSlsol2 plIIDel pIpes, 12S.lncll md a 30.fncll. PrWlll8 nIle! lrom SOO 10 900 poundS pll squarllnch [pst). The Mlural OlS8JPlllyOaOlnales,llllmarlly Irom Canlllt and Ihe soutllllasl UnlIed Slales. IIITERMEOIATEPRESSUlIE (lP) DISTRICT REGULATOR Hera lIleprassura Is re~ loaln to balWlen 20 and 60 psL DIslrlel regalllOlll\lml.lb 011 to WNO's Intermedltte pressors (If') distributIon system. IP OISTRIBUTION MAIII Thesl undl/OlOlllld Ones nrylnstnlrom 1~ Inelles to 81nelles In dllmeler. ' PresS1lllI Il'IItIOI ~5 psL District Regulators (DR) reduce supply main pressures to typical distribution operating pressures of 25 to 60 psig, Distribution mains are fed from the district regulators. These typically are 8". 6".4". 2". and I %" diameter lines, The pipe material typically is polyethylene WE) or wrapped steel (STW), Individual residential service lines are fed by distribution mains and are typically %" in diameter, Individual commercial and industrial service lines are typically 1%".2" or 4" in diameter. Revised :100:! 2009 X'6 FWCP - Chapter Ten, Private Utilities Future Facility Construction There are three types of cOFlstrnctioA aFlticipated iFl the Federal Way area, These iFlch:lde: /Vew instal/atian dHe to iFlereased capacity of existing customers or eonversioFls from aFl alterFlate fl:lel. M:ain replacement prejects to facilitate improyed maintenance aI'ld system reliability, Replacement er r.e.lecatien of facilities due to ml:lflieipal aFld state projects. Leng Range Plans (within fi~'c years): Install 12 iFlCh STW High Pressure Sl:IPflly MaiH iH the north end of Federal Way at approximately South 27200 Street aFld Military Road South (Map X 4), Minimum pressure delivery in distribution systems is approximately 15 psig, If growth would result in design pressures below 15 psig. there are several methods of increasing the pressure in the line, including: a, Looping the distribution and/or supply lines to provide an alternative route for the gas to travel to an area needing additional supply, This method often involves construction of supply mains, district regulators, and distribution mains, b, Installing mains parallel to existing mains to supplement supply of natural gas to a particular service area. c, Replacing/upsizing existing pipelines to increase volume. There are three types of construction: I, New or replacement of existing facilities to increase capacity requirements due to new building construction and conversion from alternate fuel. 2. Main replacement to facilitate improved maintenance of facility, 3, Replacement or relocation of facilities due to municipal and state proiects, PSE makes an effort to coordinate construction work with municipal proiects in order to minimize cost and impacts to surrounding community, Due to franchise agreements, PSE is required to relocate existing facilities when required due to the municipal proiect. The following maior proiects (Map X-4) are anticipated between now and the year 20] 7 to serve customers in the City of Federal Way: Planned for 2008: · No distribution system improvements known or planned at this time, Revised 2002 2009 X.7 FWCP - Chapter Ten, Private Utilities Tentative Future Proiects: · Continuing to work on the Pacific Highway South proiect from 18th Avenue South, south to South 304th Street replacing an existing 4" STW IP with a 6" PE IP; estimated construction is 2008, · Long range plan is to install a 16" STW High Pressure Supply Main in the north end of Federal Way at approximately South 272nd Street and Military Road South; estimated completion in 2009, Due to the growing popularity of natural gas in the Federal Way and surrounding areas, PSE will continually evaluate the necessity of the above proiects and alternatives, Changes in the proiect route, construction schedule, and detail could occur as they are dependent on budgets and WUTC approval. 10.4 TELECOMMUNICATIONS PLAN The telecommunications section focuses on line telephone, wireless communication, Internet service and cable TV, Telecommunications is not only important for voice transmission but also provides the infrastructure for the transmission of images and electronic data. In the City, telecommunications service providers include QW~est, which operates both land-based and cellular telephone systems, several wireless providers, and Comcast which provides cable TV and Internet service. The telephone portions of the telecommunications industry are extremely competitive and for this reason, the City had difficulty obtaining detailed information about operations and plans. As a result, the section of the plan addressing telephone service: (i) reflects the City's commitment to providing advanced telecommunications services; (ii) provides a general description of how the existing system works; and (iii) describes the process for improving delivery, Telephone System Existing Facilities and Operations -QW~est ComH'nmicatioFl Corporation,..ffie.: delivers telecommunication service to the Federal Way planning area as regulated by WUTC. A local exchange area is served by a Central Office (CO), which contains various kinds of switching equipment. From a CO, there are typically four main cable routes extending relatively north, south, east, and west. From each main cable route there are branch distribution routes, These facilities may be aerial or buried, copper or fiber. Extending from the branch distribution routes are local lines that can be used for voice or data transmission by subscribers. Revised 2002 2009 x.a FWCP - Chapter Ten, Private Utilities Proposed Improvements -QW~est is required by law to provide adequate telecommunications services on demand in compliance with RCW80.36,090 and WUTC regulations, Accordingly, QWwest will provide facilities, upon reasonable notice, to accommodate whatever growth pattern occurs within the City, Due to advances in technology, additional capacity is easily and quickly added to the system, Wireless Networks Existing Systems - The City of Federal Way is currently served with a number of wireless service providers, Wireless communication is becoming increasingly important in the telecommunications world, It is a combination of a portion of the radio frequency spectrum with switching technology, making it possible to provide mobile or portable telephone service to virtually any number of subscribers within a given area. Transmission quality is comparable to that provided by conventional wireline telephones, and the same dialing capabilities and features available to wireline users are available to cellular users, The wireless/cellular communications sector of the economy is growing rapidly, In 1997, the City adopted land use review procedures for siting facilities associated with these services. These regulations were subsequently revised in 2000 and 2001. All of these technologies use a line-of-sight radio signal transmitted and received by antennas, Therefore, it is not possible to underground the antennas or structures on which the antennas are mounted, The FCC regulates the cellular telephone industry by controlling where carriers can operate and what frequencies can be utilized in their operation, This ensures that their operation does not interfere with AM/FM radio and cable television transmissions. If interference does occur, the cellular tower operator is required by the FCC to eliminate any noise or interference that impacts local citizens. For example, if a television set or radio experiences interference from the tower, the operator must either correct the problem or disable the cellular site, Wireless service transmits and receives low power high frequency radio signals. The basic technology is as follows: }, The service originates from a cellular phone, pager, computer, dispatch service, or personal communications service. 2, The signal is transmitted to the nearest cellular communications facility, known as a cell site, which processes numerous cellular phone calls and routes them to the nearest hub cellular switching office, 3, At the cellular switching office, also known as a Mobile Telephone Switching Office, the call is further processed and the call is routed to the party being called, The call may be routed via traditionallandline or via a cellular network depending on the nature of the receiving device, System Capacity - Capacity is a function of frequency of use, the number of sites in a geographic area, and the number of customers, However, wireless service providers consider site locations, the number of calls handled, number of customers, and cell site capacity to be proprietary information. Revised ;w{l2 2009 X.9 FWCP - Chapter Ten, Private Utilities Improvements to the Cellular System - Like the non-cellular telephone companies, wireless companies expand services in response to growth, For this reason, companies closely analyze market demand to determine expansions into new service areas, The cellular network is expanded by dividing a larger cell into several smaller cells to increase the number of available channels, Capacity may also be expanded through technological advances in digital equipment. Internet Service Internet service is presently provided by telephone, cable, and satellite. QWwest provides Internet service via telephone lines and Comcast provides Internet service via cable. The Weyerhaeuser Company and Williams Communication have recently obtained franchises from the City to construct fiber optic communication systems throughout the City, In addition, as the City constructs or reconstructs streets, it is providing conduits to assist in the installation of fiber optic communication systems, Cable TV Plan On November 18, 2002, Com cast and AT&T Broadband merged to form the new Comcast Corporation, Comcast Corporation, which is headquartered in Philadelphia, Pennsylvania, is the largest U.S, cable company serving more than 21 million customers in 41 states, as of 2003, Figure X-3 (page 10) is a general description of the components of the cable TV (CATV) system and shows supply from source to customer. One of the primary components of a cable system is the head end site Can electronic control center where the information signal is processed for distribution through the cable system, The signal can be received either off a hard line (cable), satellite dish, microwave antennas, and/or TV antenna, Existing Conditions Map X-5 shows-the Comcast service areas covering the City. Comcast's Tacoma, Pierce County system, serves the majority of the City, A small area in the northern part of Federal Way and parts of the area to the east of 1-5 are served by the Comcast's Auburn system, The headends, located north and south of the City, supply the signal by microwave feed, The majority of the system has been designed and built at a capacity of 450 MHz and will be upgraded consistent with the franchise agreement between Comcast and the City of Federal Way, Map designations depict the main trunk cable lines (coax and fiber) distributing signals throughout Federal Way, Feeder cables (not depicted) branch from the main trunk cables to distribute the signals to neighborhood areas. From there, individual connections are made to the customer's service entry, Revised ~ 2009 X.10 FWCP - Chapter Ten, Private Utilities Figure X-3 Cable Source to Customer --- --- --- --- --- --- --- ..-'-- -- [J- "otwo" I Trunk Amplifier/Bridger I Trunk Cable -:.. Earth StatIon " Pedestal L- Underground Feeder Cable System Analysis In June 1998, Comcast was providing cable TV service to 29,787 customers citywide, This service level represents 71 percent of potential customer connections in the City, Existing cable television facilities are currently capable of servicing approximately 98 percent of the potential customer connections in Federal Way, Comcast makes every attempt to provide service to all residents within its franchise areas, Factors considered in extending service are overall technical integrity, economical feasibility, and franchise requirements, Revised 2002 2009 X-ll FWCP - Chapter Ten, Private Utilities Proposed Improvements Cable television installations are made to new subscribers (either to new dwelling units or, to a much smaller degree, to residences who have not opted for cable before) at published rates, provided they are less than 150 feet from a distribution or feeder line, Connections requiring longerruns are charged on a time and material basis, Most public work considerations, such as tree trimming, work in the right-of-way, restoration of property, and so on, are covered in the City of Federal Way Master Cable Television Ordinance and Franchise Agreement. Comcast works closely with utility companies and the City to stay informed on proposed developments so that cable can be a part of a development's plans, Each year, engineers assigned to the Federal Way area assess the need for system expansion based on telephone inquiries, permitting data from the City and County, and technological advances in distribution equipment. The total mileage of cable plant within the City is approximately 280 miles, The company now offers digital service to Federal Way customers Comcast has also begun replacing existing copper cable trunk lines with fiber optic, which can be configured to carry video or data transmission signals, 10.5 GOALS AND POLICIES FOR CITY ACTION The Private Utilities chapter provides an opportunity for the City to assist utility companies in delivering efficient service to customers, and to seek to reduce potential negative impacts on'the natural and built environments, This section builds upon system descriptions to identify issues and sets forth policies to coordinate the provision of utilities with City planning, The GMA requires that the utilities element include the general location, proposed location, and capacity of all existing and proposed utilities, This has resulted in cities and counties becoming more actively involved in the way in which utilities are sited and provided, In order to protect both citizens and utility customers, the City will work in accordance with the following goals and policies: Goals PUGl Work with private utility companies to allow them to provide full and timely service that meets the needs of the City's residents and businesses, both present and future. PUG2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. Revised~2009 X,12 FWCP - Chapter Ten, Private Utilities PUG3 Process permits for private utility facilities in an efficient and timely manner, in accordance with franchise agreements, development regulations, the FWCP, and adopted codes, PUG4 Ensure that development regulations are consistent with public service obligations imposed upon private utilities by federal and state law, Policy and Issue Statements Issue Statement: Provision of Timely and Economic Services to the Citizens and Businesses of Federal Way, Partnership with private and public service providers is a continual theme of the FWCP. The City plays a critical role in the provision of private utilities, The City approves permits that allow utilities to build transmission towers, lay distribution lines, and connect customers, If the City responds quickly and appropriately, it helps the utility companies respond to customer needs quickly and efficiently, However, the City must balance these considerations with its other responsibilities, including bringing them into compliance with due process, ensuring consistency with the FWCP, addressing aesthetic impacts, and protecting the natural environment. Therefore, the City must continue to communicate with utilities and periodically review their needs as well as the policies in the FWCP and its permit processing to ensure that the results are in the best interest of Federal Way residents and businesses, The City must also be mindful of the need to provide a choice of energy sources to Federal Way's residents and businesses, Choice of energy source is important because it creates competition in the marketplace that helps to keep costs down, Providing alternative energy sources is also important because if one energy source fails, the other may be available. Policies PUPl The City's right-of-way permitting process should not unnecessarily delay the expansion or improvement of the utility network, PUP2 The City will, if possible, coordinate with other jurisdictions on proposed utility improvements that impact a multi-jurisdictional area. PUP3 The City should work to encourage, to the extent possible, the supply of all utilities to existing and new homes, offices, industrial, and commercial buildings. Issue Statement: Coordination Between Utilities, Capital Facilities, City, and Private Developers. Revised :1002 2009 X,13 FWCP - Chapter Ten, Private Utilities The costs of pipe, cable, or conduit installation can add significantly to the cost of providing service. Installing utility lines, which follow existing right-of-ways and easements, can also create disruptions to traffic and cause damage to pavement and landscaping, These costs and disruptions can be reduced if utilities share the same trench and perform work simultaneously, Consequently, the City encourages utilities to continue exchanging information about plans for expansion, maintenance, and upgrading of facilities, The City presently provides information to all utilities about its public works projects, such as street improvements, which may provide opportunities for installing new systems, Policies PUP4 The City encourages the joint use of trenches, conduits, or poles, so that utilities may coordinate expansion, maintenance, and upgrading facilities with the least amount of right-of-way disruption, PUPS The City encourages utilities to inform one another of plans to expand or improve utility services, PUP6 The City will endeavor to inform utilities of upcoming improvements or expansions that may provide opportunities for joint use, PUP7 The City will endeavor to notify utilities of proposed plans to make highway or right-of-way improvements, PUPS The City hereby incorporates by reference PSE's GMA Electrical Facilities Plan into this private utilities element as now existing or hereafter amended or adopted, Issue Statement: Energy Conservation. State and federal law requires energy conservation in building design, State and Federal statues also require that power providers implement energy conservation policies, In accordance with these mandates, PSE has an Energy Select Program that provides information on qualified contractors for potential customers, State law requires that the City's building code conforms to the Washington Energy Code (WAC 51-11). However, the energy code sets out only minimum standards for energy conservation, Therefore, cities have developed conservation conscious design codes that go beyond the minimum requirements of the energy code, Policies PUP9 The City shall, at minimum, ensure that its buildings comply with state and federal standards for energy conservation. PUPI0 The City will endeavor to work with utility companies to promote and educate the public about strategies for conserving energy. Revised 2002 2009 X-14 FWCP - Chapter Ten, Private Utilities Issue Statement: Importance of Telecommunications and the Information Superhighway, Society is in the midst of a revolution in information and communication that is changing the way that people interact with each other, For example, today, many of the transactions and communications that make up the majority of our day are possible from a single workstation, This revolution is being fueled by recent advances in computing and telecommunication technology. There are several technological innovations that have stimulated these changes in our lifestyles, including: fiber optic cables, the "Integrated Services Digital Network" (ISDN) and digital subscriber loop (high-speed communications over copper) technology. These technologies combine to expand the capacity of the telecommunications network. This expansion allows the provision of a diverse range of services on one system including, telecommunications, cable TV, radio, business services, shopping, and professional services, It will also be possible for institutions such as schools, universities, government, and emergency services to broadcast on this single system, Technology is also being developed to expand capabilities for transmitting information, In the past, one could transmit voice by telephone, text/graphics by facsimile, and data by modem. Now it is possible to transmit video images, and potentially to broadcast to a mass audience using these new technologies, These advances in technology are forcing telecommunication companies to reevaluate their business strategies, Technological change has made it possible for all services to be provided on one cable, and companies are jockeying for position to create that system, These advances have great potential to alter the way we do business in Federal Way, For economic development reasons, the City must ensure that the atmosphere for investment encourages companies to bring these advanced services to Federal Way, and that the community's growing needs are addressed. It is critical for people and businesses to have access to the information superhighway if they are to enjoy a fully active role in society and the economy. In this sense, the information superhighway is analogous to the road network, where all citizens have a "right-of-way," For this reason, government has an essential role in ensuring that the right of citizens to both receive and transmit information is protected, and in ensuring that municipalities maintain their ability to regulate information providers in the same manner that they regulate users of the rights-of-way, Policies PUPIl The City will encourage and work with telecommunication and cable companies to develop fiber optic cable networks and to increase interconnectivity between different networks, PUP12 The City will endeavor to work with utility companies and other public institutions, such as the School District, to develop a full range of community information services, available to citizens and businesses through the telecommunication network, Revised ~ 2009 X-15 FWCP - Chapter Ten, Private Utilities issue Statement: Health Impact of Electro-Magnetic Fields (EMF) and Microwaves, There is much public and scientific interest about the health effects of Electro MagAetic Fields low level Electric and Magnetic Fields (EMF) created by the electricity supply system emitted by the use of electricity and its impacts on human health. This iAterest has resl:llted primarily from studies that suggest a possible liHk 13et'.yeeA EMF aFld certaiH forms of caAcer. However, this statistical liFlk does not necessarily indicate cause and effect relatioFlships. COI'Isiderable research is underway, supported in large part by the $65 million fUFlding provisioM in the National EAergy Policy Act of 1992, Puget Sound Encrgy has tal,en an acti'i'e role in this debate, Howe'i'er, there are, as yet, no agrced l:IpOFl safety thr-esholds or toleraFlce levels for humaR exposl:lre to EMF. The National Institutes for Health and the World Health Organization have done extensive research on the topic, and have been unable to find a conclusive link between EMF exposure and adverse impacts on human health, Because EMF exposure is not recognized as a health hazard, it is not regulated by governmental agencies. Electro-Magnetic Fields are found wherever electricity exists. EMF are generated by high-voltage transmission lines, low-voltage lines, and substations, as well as electrical appliances and devices found in homes and businesses. The strength of an EMF depends on the amount of current flow, not on voltage, and current is a function of energy consumption, Research is clear that EMF are not blocked, reduced, or altered by most solid objects, This means they are not blocked by vegetation, or by any form of screening, or covering by earth, It is however, important to note that EMF diminish rapidly with distance from source, Research OM both EMF aRd microwaves has been cOfltradictory aHd geAerally incoAclusive, However they are issues that must cOFltinue to be mOFlitored, Policy responses to this issl:le ml:lst be adopted as more information becomes a'i'ailable. Research on EMF and human health continues in the scientific community, PSE continuously monitors the results of this research and operates its electric system in compliance with all applicable safety regulations, Policies PUP13 The City shall continue to monitor research into the health effects of Electro- Magnetic Fields (EMF) and microwaves, The City will take appropriate action once definitive conclusions about health implications are reached. issue Statement: Environmental and Aesthetic Impacts, Utility systems have a broad range of associated environmental and visual impacts, Much of Federal Way's electrical, telecommunications, and cable system is mounted on overhead poles, Pole-mounted systems not only reduce the aesthetic appeal of streetscapes but also contribute to system failures and power outages caused by falling trees and branches, Undergrounding utilities is a potential solution to both problems, but must be balanced against the cost associated with such undergrounding, Revised 2002 2009 X-16 FWCP - Chapter Ten, Private Utilities As with other types of development, the impacts of utilities on environmentally sensitive areas need to be evaluated. These impacts are addressed in the context of broad environmental protection policies in the Natural Environment chapter of the FWCP and through measures for protecting critical areas in the zoning code. On the other hand, there is also a need to provide for the location and continuing maintenance of essential public and private utilities in environmentally sensitive areas, if no feasible alternative location exists, The existing Federal Way City Code (FWCC) makes provisions for this in the environmentally sensitive area provisions, The FWCC sets out some requirements for undergrounding utilities in new subdivisions and in existing right-of-way in accordance with the WUTC. These exemptions include the undergrounding of transmission lines 115 kV and greater. The City should continue to work in partnership with the utility companies to further address aesthetic impacts. Requiring undergrounding across the entire Federal Way area is prohibitively expensive. However, there are key areas, such as the City Center and along Highway 99, where undergrounding of utilities is important to improving the visual image of the area in order to stimulate economic development. The City should work with the utilities and also support statewide efforts by WUTC to devise a method of paying for such improvements. The City has a right-of-way vegetation ordinance that allows removal or pruning of vegetation within rights-of-way without a permit only when there is imminent danger to the health, safety, or welfare of residents, This process could be further improved if the City and utility companies prepared a right-of-way vegetation plan meeting utility needs and addressing environmental and streetscape improvements to be made by the City. This approach to streetscape is particularly important in the newly developing City Center. Policies PUP14 To the maximum extent possible and based upon applicable regulations, the City should require the undergrounding of utility distribution lines in new subdivisions, new construction, and significantly reconstructed facilities, consistent with all applicable laws, PUPlS To the maximum extent possible and based upon applicable regulations, the City should work with the utilities in preparing a plan for undergrounding utilities in areas where their visual impact is critical to improving the appearance of the City, such as the City Center and along Highway 99, PUP16 The City should, to the extent practical, work with utility providers in preparing a right-of-way vegetation plan that ensures that the needs of landscaping and screening are balanced with the need to prevent power outages. PUP17 The City should require that site-specific utility facilities such as antennas and substations be reasonably and appropriately sited and screened to mitigate adverse aesthetic impacts, Revised~2009 X-17 FWCP - Chapter Ten, Private Utilities PUP18 The City should work with the utilities and also support statewide efforts by WUTC to devise a method of paying for improvements associated with environmental and aesthetic impacts, PUP19 Through its development regulations, the City shall continue to address the siting, screening, and design standards for wireless/cellular facilities, substations, and antenna facilities in such a manner as to allow for reasonable and predictable review while minimizing potential land use and visual impacts on adjacent property, Issue Statement: Planning to Meet the City's Future Needs, The plans for system improvements and extensions described in the Private Utilities chapter are based on the population and growth forecasts provided by the utilities, The Land Use chapter will provide utility providers with information on where and when new growth will occur in the City, This will allow utility companies to plan for expansion of their systems to meet future needs, The City may assist the utilities by continuing to provide them with future plans and by soliciting input for future planning projects, Policies PUP20 The City should provide utility companies with plans, forecasts, and supporting data to assist in the proper planning for utilities. The City should integrate communication with the utility companies into its Management Information System to allow for fast and efficient communication, PUP21 The City should encourage utility providers to base extension and sizing of systems on the Land Use Plan in order to adequately serve anticipated growth, PUP22 The City should encourage utilities to provide them with their utility service plans to allow better integration with other utilities and City plans. PUP23 The City and utilities should be encouraged to develop an integrated Geographic Information System (GIS) to better serve mutual needs and those of the public, Revised~2009 X-18 "'l""" ,;. . >< " f 0 " '-' a.. giS- c c ~ <Il <( c - '< " ::0 >- ro ~. ., " "C " " :e ~ <Il ~ c.., C- O) " ~ .'1::: > C1l ! (ijE Q) .~ (h Q) 2 .t:tO 0 ~ ~ c "'>- > 'E c I! 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E o u '6 u Qj ~ .91 ~ ... COUNCIL MEETING DATE: May 19th, 2009 ITEM#: 7. b. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Amendment to the Red light Photo Enforcement Ordinance Clarifying the Penalty, POLICY QUESTION: SHOULD THE CITY AMEND THE RED LIGHT PHOTO ENFORCEMENT ORDINANCE TO CLARIFY THE PENALTY? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: May It\ 2009 CATEGORY: D Consent D City Council Business STAFF REpORT By: AARON t8J Ordinance D Resolution DEPUTY CITY ATTORNEY D D Public Hearing Other DEPT: Law See attached staff report, Attachments: Staff report, Ordinance. Options Considered: I, Recommend approval of the Ordinance and forward to the full Council on May 19th, 2009, 2. Modify the proposed Ordinance and forward to the full council for first reading. _.._.._'____-.L_'!?_q_~~..,~l?P.!~y..e th~opose4g~~,!,!?:~!1.,~_~:_,_______,___.._____ STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: Council Council DIRECTOR APPROVAL: ~ Committee 'Ife COMMITTEE RECOMMENDATION: 0 r-\--\ 0.... \ \ Committee Member PROPOSED COUNCIL MOTION: HI move to forward the ordinance to a second reading for enactment on the May 19'h, 2009 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 - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITYOF ~. _l!::#' Federal Way STAFF REPORT DATE: TO: FROM: MAY 12TH, 2009 P ARKS, RECREATION, HUMAN SERVICES & POLICE COMMITIEE AARON WALLS, DEPUTY CITY ATIORNEY SUBJECT: CLARIFYING THE PENALTY FOR PHOTO ENFORCEMENT INFRACTIONS, In 2005 the City passed an ordinance authorizing the use of automated traffic safety cameras, or photo enforcement, to detect stop light or red light violations as well as school zone violations. The ordinance did not explicitly set the monetary penalty for infractions issued through this system. Consistent with other cities Federal Way has used the penalty amount that was set for infractions detected without a camera. The state statute that authorizes the photo enforcement system is unique. It allows cities to use cameras to detect infractions. Once detected those infractions are issued after review by a police officer just as if the officer had personally witnessed the infraction. The state statute provides that infractions detected this was are subject to some special procedures and sets some limits on the penalty, but it does not say if the infractions are subject to a special monetary penalty. The practice of the City of Federal Way and most other cities is to use the same penalty as if the infraction was detected normally. Currently the penalty used is $124. The Federal Way Municipal Court has expressed some concern that there is no specific designation of the amount of penalty and has instituted a temporary court rule explicitly setting the penalty at $124. Some cities have either explicitly set the penalty in their ordinance, such as Auburn and Vancouver, or some have explicitly stated that the penalty is the same as the infraction when issued without a camera, such as Seattle. Some cities, like us, have not included an explicit penalty and use the penalty for the underlying infraction, such as Renton. To alleviate any potential concerns and as a more permanent solution than the temporary court rule, staff proposes at this time to amend the ordinance to explicitly state that the penalty is the same as the infraction when issued without a camera, consistent with our current practice and the apparent intent of the statute. In doing so the proposal also includes limitations on that penalty that are required by state law. This method clarifies how the penalty is determined and will allow the ordinance to remain consistent with state law over time. C: \Documents and Settings \maryj\Local Settings \ Temporary Internet Files \ Content, Outlook \A4TXQQMO\Redlight staff report,doc ORDINANCE NO. 09- AN ORDINANCE of the City of Federal Way, Washington, relating to automated traffic cameras; amending FWRC 8.05.090. (Amending Ordinance No. 05-508) WHEREAS, the City has previously authorized the use of automated traffic safety cameras pursuant to state law; and WHEREAS, the City wishes to clarify that the penalty for violations detected through the use of an automated traffic safety camera should be the same as the standard penalty; and WHEREAS, such penalties are consistent with state law, current practice, and current court rules. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 8,05,090 shall be amended to read as follows: 8.05.090 Authority for local use of automated safety cameras. (1) Automated traffic safety cameras may be used to detect stoplight or school speed zone violations. This section is intended to provide authorizing language as required under RCW 46.63.170. (2) Use of automated traffic safety cameras is restricted to two-arterial intersections and school speed zones only, (3) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. (4) All locations where an automated traffic safety camera is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera, (5) For the purpose of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or exceeds a speed limit in a school zone as detected by a speed measuring device, Ordinance No, 09- Page] of3 (6) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46,63,030(1)(a), (b), or (c), (7) This section shall be applied as prescribed by RCW 46,63.170, (8) Violations detected through the use of an automated traffic safety camera shall be issued with a monetary penalty equal to the same total penalty issued for such violations if detected by an officer without the use of an automated traffic safety camera, including the base penalty plus any statutory assessments authorized under state law, as set by the state supreme court, statute, or other court rule, However, in no case shall such penalties be issued in an amount that exceeds the amount of a fine that may be issued for a infraction involving a parking violation and shall be processed in the same maImer as a parking infraction. Such infractions may be issued with a penalty up to the maximum fine allowed for parking infractions, which are up to the amounts authorized pursuant to FWRC 8,05.040 and FWRC 8.05.100, (Ord. No. 05-508, 9 7, II-I-OS. Code 2001 9 15-14.) Section 2. S~verability, 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 pOliions be declared invalid or unconstitutional. Section 3, 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 4, Ratification, Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 09- Page 2 of 3 Section 5, Effective Date, This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law, , PASSED by the City Council of the City of Federal Way this day of ,2009, 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: xx-xx-xxxx EFFECTIVE DATE: xx-xx-xxxx ORDINANCE NO,: 09-xxx 5-12-2009 xx -xx -xxxx Ordinance No, 09- Page 3 of 3 COUNCIL MEETING DATE: May 19,2009 ITEM #: -,. c. . ............_....__...._.._.._._...~.__....._..._______._.__.__ .........__.........._............mmm..._._........................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED TACOMA DEPARTMENT OF PUBLIC UTILITIES, WATER DIVISION FRANCHISE, ONE-YEAR EXTENSION. POLICY QUESTION: SHOULD THE COUNCIL APPROVE A ONE-YEAR EXTENSION TO THE TACOMA DEPARTMENT OF PUBLIC UTILITIES, WATER DIVISION, FRANCHISE AGREEMENT? COMMITTEE: None MEETING DATE: -- CATEGORY: D Consent D City Council Business ~ Ordinance- D Resolution D D Public Hearing Other STAFF REpORT By: KEN DEPUTY PUBLIC WORKS DIRECTOR DEPT: Public Works Attachments: Ordinance Summary/Background: The City of Federal Way and Tacoma Public Utilities, Water Division, are currently negotiating a new franchise and have agreed to extend the expiration of the current franchise one year in order to give the parties additional time to negotiate the new franchise. The draft ordinance to extend the Franchise one year from June 24, 2009 to June 24, 2010 is attached. Options Considered: 1. Approve the one year extension to the Franchise to allow Tacoma and Federal Way Staff additional time to negotiate the new franchise. 2. Allow the Franchise to expire and provide Staff direction on how to proceed. STAFF RECOMMENDATION: Staff recommends Option I CITY MANAGER APPROVAL: DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: NONE PROPOSED COUNCIL MOTION: "1 move to send the franchise agreement ordinance that grants the Tacoma Department of Public Utilities, Water Division, a one-year extension to the franchise agreement to the City Council meeting on June 2, 2009 for second reading. " (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 - 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, GRANTING CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES, WATER DIVISION, AN EXTENSION TO A NONEXCLUSIVE FRANCHISE TO OCCUpy THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION AND TRANSMISSION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Ordinance 99-344 granted City of Tacoma, dba Tacoma Public Utilities, ("Franchisee") a franchise to operate a water utility within the City of Federal way; and WHEREAS, the franchise will expire on June 24, 2009; and WHEREAS, the City and Franchisee are currently negotiating a new franchise and have agreed to extend the expiration of the current franchise for one year in order to give the parties additional time to negotiate the new franchise. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 99-344, Section 4 Term shall be amended to read as follows: Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period often (10) eleven (11) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to the terms ofthis Franchise or other applicable law. Section 2. Acceptance by Franchisee. Franchisee shall have no rights nor shall Franchisee be bound by the terms and conditions of this ordinance unless, prior to June 24, 2009, Franchisee files with the City its written acceptance of the terms and conditions of this ordinance. Ordinance No. REV 4/09 Page 1 of3 Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. By unanimous consent, the Council finds that this ordinance is needed for the immediate support of city government and is not subject to initiative or referendum. This ordinance shall take effect and be in force five (5) days from the time of its final passage, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILL Y, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON Ordinance No. REV 4/09 Page 2 of3 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. REV 4/09 Page 3 of3