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Council PKT 07-21-2009 Regular A Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall JULY 21, 2009 - 7:00 PM www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. State Legislator Recognition b. 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 items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Approval of Minutes: June 30, 2009 Special Meeting, July 7,2009 Special and Regular Meetings ...page 3 b. ORDINANCE: NPDES Code Amendments and Manual Adoption First Reading 7-7-09 ...page 13 c. ORDINANCE: Granting a Non-Exclusive Franchise to Comcast for PEG Capital Support First Reading 7-7-09...page 30 d. Grant Acceptance: Sherwood Forest School Zone Flasher LUTC 7-6-09...page 36 e. Project Acceptance: BPA Trail and SW 356th Street LUTC 7-6-09... page 38 f. Regional Hazard Mitigation Plan PRHSPSC 7-14-09...page 40 g. Interlocal Agreement Regardin~ Distribution from the Sale of Bellevue Property and Indemnification of Bellevue PR SPSC 7-14-09...page 49 6. COUNCIL REPORTS 7. CITY MANAGER REPORT 8. EXECUTIVE SESSION a. Potential Litigation Pursuant to RCW 42.30.110(1 )(i) b. Property Acquisition or Sale Pursuant to RCW 42.30.110(1 )(b) c. Collective Bargaining Pursuant to RCW 42.30.140(4) 9. ADJOURN The Council may add items and take action on items not listed on the agenda. **In an effort to "Think Green" 850 sheets of paper were saved by eliminating duplicate copies of the Consent Agenda supporting documents. COUNCIL MEETING DATE: July 21, 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 ofthe June 30, 2009 Special Meeting, July 7,2009 Special Meeting and the July 7,2009 Regular Meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CA TEGORY: [gJ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: Carol McNeilly, City_~!~!"k Attachments: Draft meeting minutes of the June 30, 2009 Special Meeting, July 7, 2009 Special Meeting and July 7, 2009 Regular Meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. DEPT: Human Resources STAFF RECOMMENDATION: Staffrecommends approving the minutes as presented. CITY CLERK ApPROVAL: N/A DIRECTOR ApPROVAL: N/A N/A Council Committee Council Committee COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # A Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall 5:30 p.m. June 30, 2009 www.cityoffederalway.com Q\l~~'\ 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 5:30 p.m. Councilmembers present: Mayor Jack Dovey, Councilmember's Linda Kochmar, Mike Park, Jeanne Burbidge and Dini Duclos. Mayor Dovey excused Councilmember Jim Ferrell, who has recused himself from discussions regarding Municipal Court services. Deputy Mayor Faison arrived at 5:32 p.m. Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. MUNICIPAL COURT OPTIONS DISCUSSION Interim City Manager Brian Wilson stated the Council discussed the option of contracting with King County District Court for court services on June 16,2009. Tonight's discussion will focus on the operation of the City's Municipal Court. Assistant City Manager Brian Enge provided a summary of the City's current Municipal Court staffing levels and caseload projections through 2009. The number projected is 33,500 (22,000 filings and 11,500 red light cases). Mr. Enge reported the total risk management costs incurred by the Court between 2000 and 2008 are $152,587. Of those costs, $90,321 is associated with the 2008 litigation between the City and Judge Michael Morgan. Judge Larson noted that $4,000 spent in 2006 was for outside counsel to provide an opinion on a separate issue; it was not related to the litigation. Judge Larson stated there are many issues to consider when considering contracting for court services. Jail and average daily population costs are unpredictable with rotating Judges. The use of alternate probation services could result is lost revenue for the City. Operating the Municipal Court allows the City to set the cost structure, contracting for services with King County would eliminate that ability. City Council Meeting Minutes -June 30,2009 Special Meeting Page 1 of2 La Tricia Kinlow and Mindy Breiner, representatives from the City of Tukwila provided information on their Jail Alternative Programs, which include community work alternatives, day reporting & pre-trial electronic reporting. These programs have saved the City of Tukwila approximately $300,000 in jail costs. Issaquah Court Administrator Lynn Jacobs stated the City of Issaquah contracted with King County for court services for approximately 30-years. In response to the County's increasing costs, Issaquah formed their own court in 2004 and now provide court services to other cities. Judge Larson noted the Municipal Court currently provides programs such as the domestic violence victims panel, dispute resolution center, juvenile diversion program and youth courts (in process), He reviewed the Court Improvement Plan and encouraged the Council to continue operating the Municipal Court. Judge Morgan spoke to the many improvements that have been implemented and accomplishments the Court has achieved. Judge Lindy from King County District Court noted that some of the information presented tonight did not accurately represent the County's services. She provided the Council with clarifying information. Council member Duclos left at 6:58 p.m. 3. ADJOURNMENT With no further business before the Council, Mayor Dovey adjourned the meeting at 6:59 p.m. Attest: Carol McNeilly, CMC, City Clerk City Council Meeting Minutes -June 30,2009 Special Meeting Page 2 of2 A Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall July 7, 2009 www.cityoffederalway.com OR~f1 1. CALL TO ORDER Mayor Dovey called the meeting to order at 5:32 p.m. Councilmember present: Mayor Jack Dovey, Councilmembers Dini Duclos, Mike Park, Linda Kochmar, Jeanne Burbidge and Jim Ferrell. Deputy Mayor Faison arrived at 5:37 p.m. Staff present: Financial Services Manager Bryant Enge, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. S. 320 TH ACCESS RAMP DISCUSSION City Traffic Engineer Rick Perez stated the City received $3.2 million dollars in grant funding for this project. The grant requires the City to match $1.6 million dollars. Acceptance of this grant will go to the Land Use and Transportation Committee (LUTC) on July 20, and then to the City Council on August 3. Staff anticipates having the NEPA prepared in September 2009. Project design would be completed in 2010, and construction would be completed in 2011. Another portion of the project is the widening of the bridge at 320th. This project is included in the draft Transportation Improvement Plan (TIP). Environmental review $2 million, design $10 million, cost for the bridge widening portion is estimated at $84 million. Staff proposed moving forward with this project. Real Estate Broker Harry Horan spoke regarding a proposed street vacation on 31 ih Street for the possible development of a school. The property owner noted this project has not been submitted to the City for approval. 3. EXECUTIVE SESSION Executive Session - Potential Litigation Pursuant to RCW 42.30.110(1 )(i) The Council adjourned to Executive Session at 5:56 p.m. for approximately 40 minutes. The Council adjourned from Executive Session at 6:37 p.m. City Council Meeting Minutes - July 7, 2009 Special Meeting Page 1 of2 4. ADJOURN With no further business before the Council, Mayor Dovey adjourned the meeting at 6:38 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Meeting Minutes - July 7, 2009 Special Meeting Page 2 of2 A Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 7, 2009 www.cityoffederalway.com Q~~f"\ 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:01 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Dini Duclos, Mike Park, Linda Kochmar, Jeanne Burbidge and Jim Ferrell. Staff present: Financial Services Administrator Bryant Enge, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the pledge of allegiance. 3. PRESENTATIONS a. City Manager Emerging Issues I Introduction of New Employees Financial Services Administrator Enge reported the company that provides vehicle maintenance for the City is going out of business. The City will issue an RFP for a new provider 4. CITIZEN COMMENT Gene Loher, Federal Way business owner spoke seeking clarification on how the SR99 HOV Project will affect his property. Donald Baravek. spoke in favor of the City keeping the Municipal Court William J. Murphy, spoke against the SR99 HOV Lane project. He feels the project will negatively impact local businesses. He also spoke against the City contracting with King County for court services. Diana Noble-Gulliford, spoke regarding the Surface Water Management Ordinance. She suggested staff look at city center core for LID. Rick Bathum. Assistant Presiding Judge for King County Court spoke in favor of the City contracting with King County for court services. Judy Garcia. Federal Way resident and King County Court employee. She spoke in support of the City contracting with King County for court services. Betty Taylor. spoke about issues with the management at Waterberry Park Apartments. Barbara Reed. spoke in support of the City keeping the Municipal Court. She also urged the Council to move forward with the City Manager search. Barbara Linde, Presiding Judge for King County District Court, summarized the services King County could offer the City. 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. Approval of Minutes: June 12,2009 Special Meeting, June 16,2009 Special & Regular Meetings APPROVED b. Vouchers FEDRAC6-22-09 APPROVED c. Monthly Financial Report FEDRAC 6-22-09 APPROVED d. Tourism Enhancement Grant (TEG) Application FEDRAC6-22-09 APPROVED e. ORDINANCE: Pacific Hwy. South HOV Lakes Phase IV Condemnation First reading 6-16-09 APPROVED Ordinance No. 09-618 f. enterpriseSeattle Proposed Study of Medical Device Innovation and Commercialization Incubator in Federal Way FEDRAC 6-22-09 APPROVED MOTION: Deputy Mayor Faison moved approval of Consent Agenda. Councilmember Duclos second. VOTE: Motion carried 7-0. 6. PUBLIC HEARING a. RESOLUTION: Six Year Transportation Improvement Program & Arterial Street Improvement Plan LUTC 6-15-09 Mayor Dovey opened the public hearing at 7:30 p.m. City Traffic Engineer Rick Perez stated the City is required to update the Traffic Improvement Plan (TIP) annually. He reviewed projects that were completed in 2008, projects that were added to the 2009-2014 TIP as well as projects that were revised. Public Comment: H. David Kaplan recommended Council include the widening of 28th Ave. South in the 2010-2015 CIP rather than 2009-2020 CIP. Deputy Mayor Faison suggested removing Project number 18. South 320th Street- 1st Ave. South - 8th Ave. South HOV Lanes and Median. The Council discussed this recommendation and asked clarifying questions of staff. Project numbers 2 and 4 are connected to project number 18; they continue improvements along South 320th Street. The cost to complete all three of those projects is 45 million dollars. MOTION: Deputy Mayor Faison moved to eliminate projects 2, 4 & 18 from the 2009- 2014 Transportation Improvement Plan. Council member Burbidge second. MOTION: Councilmember Ferrell moved to call the question. (Clerk's Note: no action was taken on this item) VOTE: Main Motion to eliminate projects 2, 4, and 18 from the 2009-2014 Transportation Improvement Plan carried 4-3. Mayor Dovey, Council members Kochmar and Park dissenting. MOTION: Councilmember Kochmar moved approval of the 2009-2014 Transportation Improvement Plan as amended. Council member Ferrell second. VOTE: Motion carried 7-0 7. COUNCIL BUSINESS a. Performance Audit of Impact Fees -Information Onlv FEDRAC 6-22-09 Finance Director Tho Kraus reported the State Auditors Office previously conducted an audit of the City's Impact Fees. Initiative 900 requires an annual report detailing the status of the Auditor's recommendations be submitted by July 1 st. Ms. Kraus reviewed the annual report the City submitted to the Auditors Office. b. Search for City Manaqer FEDRAC 6-22-09 Human Resources Director Mary McDougal stated staff was directed to prepare a Request for Proposal (RFP) for a search firm to assist with the City Manager recruitment. Ms. McDougal reviewed the RFP and the timeline. The Council asked clarifying questions of Ms. McDougal and discussed various ways to expedite the recruitment process. MOTION: Deputy Mayor Faison moved to direct staff to interview search firms and provide the City Council with a recommendation at their July 22, 2009 meeting. Councilmember Duclos second. VOTE: Motion failed 3-4. Mayor Dovey, Council members Ferrell, Kochmar and Park dissenting. MOTION: Councilmember Park moved approval of the Request for Proposal as presented and to expedite the recruitment timeline. Councilmember Kochmar second. VOTE: Motion carried 6-1 Mayor Dovey dissenting. 8. INTRODUCTION I FIRST READING OF ORDINANCES a. NPDES Code Amendments and Manual Adoption LUTe 6-15-09 Surface Water Manager Will Appleton reviewed the implementation of the NPDES Process as well as what steps the City has taken towards implementation. City Clerk Carol McNeilly read the Ordinance title into the record. MOTION: Councilmember Kochmar moved approval to forward this ordinance to second reading/enactment at the July 21,2009 Regular Council Meeting. Councilmember Duclos second. VOTE: Motion carried 7-0. b. Grantinq a Non-Exclusive Franchise to Comcast for PEG Capital Support FEDRAC 6-22-09 City Clerk Carol McNeilly read the Ordinance title into the record. MOTION: Council member Park moved approval to forward this ordinance to second reading/enactment at the July 21, 2009 Regular Council Meeting. Council member Duclos second. VOTE: Motion carried 7-0. 9. COUNCIL REPORTS Councilmember Burbidge reviewed the agenda for the next Parks, Recreation, Human Services, Public Safety Committee (PRHSPSC) Meeting. She reported on upcoming meetings including a hearing on the Draft 20/40 Plan. She thanked everyone who was involved in the Red While and Blues Festival. It was a successful event. Councilmember Duclos reported that she toured Cedar Hills Landfill. She reported on upcoming meetings. Councilmember Ferrell reported that he will be touring the Howard Hanson Dam. He stated the Red White and Blues Festival was great and thanked staff for all of their work. Councilmember Kochmar reported on an upcoming Suburban Cities Association Public Issues Committee. She reported the next Land UselTransportation Committee (LUTC) would be July 20, 2009. Councilmember Park also thanked staff for their work on the Red White and Blues Festival. He reported the next Finance, Economic Development, Regional Affairs Committee (FEDRAC) meeting is July 28, 2009. Deputy Mayor Faison reported on an upcoming Puget Sound Growth Management Planning meeting. Mayor Dovey reported on an upcoming Valley Communication meeting. There will be a Public Haring on the SCORE facility. 10. CITY MANAGER REPORT Financial Services Administrator Bryant Enge reported on items that will be coming to Council on July 21, 2009. Council will also be conducting a study session on the Performing Arts Center on that date. Interim Police Chief Andy Hwang provided a report on the Fourth of July activities. There were not injuries reported, only twelve citations were issued and firework complaints were low. 11. EXECUTIVE SESSION The City Council did not conduct an Executive Session. The Council 3djourned to Exocutive Session to discuss potenti3llitig3tion pursu3nt to RC'.^/ 12.30.110(1 )(i) . 12. ADJOURNMENT Mayor Dovey adjourned the meeting at 9:28 p.m. ATTEST: Carol McNeilly, CMC, City Clerk Approved by Council: COUNCIL MEETING DATE: . COUNCIL MEETING DATE: . r\',\..'" -11"Y'V"} ITEM #:..!. ITEM #:..!. . c::. L,. m__JVJ~__21t_.2aB__mmmmmmmmmmmm_m__ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL m~_'Q_:b . SUBJECT: Amendments to Federal Way Revised Code to meet the Illicit Discharge Detection & Elimination (lODE) requirements of the NPDES Phase II Permit. Proposed amendments include adoption of the King County Stormwater Pollution Prevention Manual. POLICY QUESTION: Should Council approve the proposed amendments to the City of Federal Way Revised Code, which are designed to align the City's lODE code with the NPDES Phase II Permit? COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE MEETING DATE: June 15, 2009 CATEGORY: D Consent D City Council Business ~ Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: William Appleton, P.E., SWM Manager DEPT: Public Works Dept. ._..__.____..__.._....._!?~P.:_~~!?~P.:~.!.;._~_~_~~_~!'l.?~.~....g_~<?!~:r!~~~.-----.-.-.--.-.-m..m--.-..-.-...-.---..-....-._.._._mm......._.._..__.__.___ Background: On July 7th, 2009, staffis scheduled to bring forward to Council a proposed ordinance for first reading that, if adopted, would keep the City of Federal Way in compliance with its NPDES Phase II permit. Two permit programs were addressed in this ordinance, the Construction Site Runoff and lODE Programs. On June 17th, two days following the presentation of the proposed ordinance to LUTC, the DOE modified the Phase II NPDES permit, to extend the adoption/implementation deadline for the Construction Site Runoff Program requirement from August 16th, 2009 to February 16th, 2010. The deadline for the lODE ordinance was not changed. SWM staffview the extension as favorable and in order to take advantage of it, split the proposed ordinance into two separate ordinances. This change will allow the proposed changes to our lODE ordinance to go into effect on August 16th, 2009 and the Construction Site Runoff Program to be implemented on Feb 16th, 2010. With the exception of the effective dates, the sum of the two ordinances is exactly equivalent to the single ordinance that has been in process to date. It should also be noted that in order for the ordinance to go into effect on August 16, 2009, emergencv implementation/enforcement language was added that requires unanimous consent by the Council to be effective. A proposed ordinance addressing the Construction Site Runoff Program will be brought back before Council for 1st reading in early December of2009. Attachments: Proposed Ordinance amending City Code to address lODE code changes necessary to meet NPDES Phase II Permit requirements. Agenda Bill & associated attachments forwarded by June 15th LUTC Options Considered: 1. Approve the proposed lODE Code Amendments to the Federal Way Revised Code. 2. Do not approve the proposed Code Amendments to the Federal Way Revised Code and provide direction to staff STAFF RECOMMENDATION: Staffrecommends that Option 1 be acted on by the July 7,2009 City Council for first reading, and be added to the July 21,2009 City Council Ordinance Agenda for second reading and enactment of the ordinance. CITY MANAGER APPROVAL: J../,J.ltVl7!Dlr;ofJ fytJ....,tJ j DIRECTOR APPROVAL: Committee Council Committee Recommendation: See LUTC Agenda Bill attached Committee Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: 1 st Reading of Ordinance (July 7, 2009): "I move to forward the ordinance to the second reading for the enactment on the July 21,2009 City Council Ordinance Agenda." 2nd Reading of Ordinance (July 21, 2009): "I move for approval of the LUTC's recommendation to adopt the proposed code amendments necessary to meet the requirements the NPDES Phase II Permit." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION ;Ii( MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL 'BILL # 1 ST reading Enadment reading ORDINANCE # RESOLUTION # ,-""1- Oq COUNCIL MEETING [)A TE: July 7. 2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendments to Federal Way Revised Code to meet the requirements of the NPDES Phase II Permit. Proposed amendments include adoption of technical manuals and guidance documents. POLICY QUESTION: Should Council approve the proposed amendments to the City of Federal Way Revised Code, which are designed to meet the minimum requirements of the NPDES Phase [[ Permit? COMMITIEE: LAND USE AND TRANSPORTATION COMMITTEE MEETING DATE: June 15, 2009 C\ n:GORY: o Consent o City Council Business [:8J Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: William Appleton, P.E., SWM Manager ~ DEPT: Public Works Dept. . . ......m.I??~.~()~il1~tt,E:~l'\(\LJ'\ff>[)E~c:()()r<liny~ Attachments: Memorandum to Land Use Transportation Committee dated June 15,2009 Proposed Ordinance amending City Code to address NPDES Phase [[ Permit requirements City of Federal Way Addendum to the 2009 King County Surface Water Design Manual Available on CD: The 2009 King County Surface Water Design Manual The 2008 King County Stormwater Pollution Prevention Manual The 2005 Low Impact Development Technical Guidance Manual for the PugetSound Options Considered: I. Approve the proposed Code Amendments to the Federal Way Revised Code. 2. Do not approve the proposed Code Amendments to the Federal Way Revised Code and provide direction to staff. STAFF RECOMMENDATION: StatT recommends forwarding Option I to the July 7, 2009 City Council Ordinance Agenda for first reading, and to the July 21, 2009 City Council Ordinance Agenda for second reading and e ctment of the ordinance. I} b/JJ. JV; 7 ;g~ ClTY MANAGER ArPROVAL:JJwlx,Yl I .D-W.kW). l>1IU:CTOR APPROVAL: Committee CounCil COMMlTIEE RECOMMENDATION: Forwarding Option I to the July 7, 2009 Council CORSeftt Ordinance Agenda for first reading. ,Offll /1.() N-CDrr1Yn~'lldAJi"t-11...-. #' //__..-~-_:.. - . "7--;' fL . iL.- Dini Duclos, Member - ~.._-'-- - '~", Linda Kochmar, Chair PROPOSED COUNCIL MOTION: I st Reading of Ordinance (July 7, 2009): "I move to forward the ordinance to the second reading for the enactment on the July 21, 2009 City Council Ordinance Agenda." 2nd Reading of Ordinance (July 21, 2009): "I move for approval of the LUTC's recommendation to adopt the proposed code amendments necessary to meet the requirements the NPDES Phase [[ Permit." (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 # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to National Pollutant Discharge Elimination System Phase n Pennit's lllicit Discharge Detection and Elimination requirements; amending FWRC Chapter 14.25, "Environmental Policy Statement"; Chapter 16.05, "Surface Water Management in General"; Chapter 16.45, "General Water Quality and Enforcement", Chapter 16.50, "Discharges to Federal Way Water and Storm Drainage Systems", Chapter 16.55, "Best Management Practices"; and adding new sections to FWRC Chapter 16.50, "Discharges to Federal Way Waters and Storm Drainage Systems". (Amending Ordinance Nos. 04-468, 09-593, 99-352, 90-43, and 09-597) WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit (NPDES Permit) on January 17, 2007 pursuant to the requirements of the Federal Clean Water Act - National Pollutant Discharge Elimination System (NPDES); and WHEREAS, the NPDES Permit requires atfectedcities and counties, such as Federal Way, to develop an Illicit Discharge Detection and Elimination Program consistent with the terms of the NPDES permit; and WHEREAS, the City recognizes the need to periodically modify its regulatory code language within Federal Way Revised Code (FWRC), in order to conform to state and federal law, codify administrative practices, clarify and update regulations as deemed necessary, and improve the efficiency of the regulations; and WHEREAS, the City needs to make both progrannnatic and regulatory modifications in order to meet the requirements of the NPDES Permit, including revisions to water quality regulations and regulatory manuals referenced or contained within Titles 14 and 16, and , PAGE I Rev 3/09 ORD# WHEREAS, this ordinance, containing amendments to the text of Titles 14 and 16 of the Federal Way Revised Code (FWRC), has complied with Process VI review, Chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, the Planning Commission of the City of Federal Way conducted a study session on these code amendments on May 6, 2009; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on May 20, 2009, and forwarded a recommendation of approval with text amendments to the City Council; and WHEREAS, the Land Use and Transportation Committee of the City Council of the City of Federal Way held a public hearing on the proposed code amendments, which included the text amendments from the Planning Commission, on June 15, 2009, and forwarded these code amendments to Council without a recommendation; and WHEREAS, an Environmental Determination of Non-Significance (DNS) was issued for the proposed code amendments pursuant to the State Environmental Policy Act (SEP A) on April 11, 2009 and no comments or appeals were received, and the DNS was finalized on May 11, 2009; WHEREAS, the proposed regulatory code amendments will serve to better protect the City's natural water resources (i.e. lakes, streams, wetlands and the Puget Sound); and WHEREAS, the City Council of the City of Federal Way find it in the best interest of the City to modifY the regulatory code to meet the NPDES Permit requirements and that amending these sections bears a substantial relationship to the public health and safety, or welfare of the people of Federal Way; is consistent with the applicable provisions ofthe comprehensive plan; and is in the best interest of the residents of the City; , PAGE 2 Rev 3/09 ORD# NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by: providing water quality regulations consistent with federal permit requirements; and providing improved protection to our natural waterways. (b) These code amendments comply with Chapter 36.70ARCW, Growth Management. ( c) These code amendments are consistent with the intent and purpose of Titles 14 and 16 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) FWRC. These code amendments have followed the proper procedure required under the Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: . PAGE 3 Rev 3/09 ORD# NEG 1 To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP 18 The City shall maintain regulations and standards to carry out the Surface Water Management Comprehensive Plan's policy of restricting stormwater runoff from all new development and redevelopment in order to minimize the potential for flooding and stream bank erosion, and preserve and enhance development and redevelopment. City policies, regulations, and standards will meet the comprehensive stormwater program requirements of the Puget Sound Plan, and will comply with NPDES pennit requirements as applicable. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because the proposed regulatory code amendments will serve to better protect the City's natural water resources (i.e. lakes, streams, wetlands and the Puget Sound). ( c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they bring the City of Federal Way in compliance with Federal NPDES requirements and provide improved environmental protection to our natural waterways. Section 3. FWRC 14.25.070 "State Environmental Policy Act policies." shall be amended to read as follows: 14.25.070 State Environmental Policy Act policies. (1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city. (2) The city designates and adopts by reference the policies in this section as the basis for the city's exercise of authority under this chapter. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: (a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; (c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences; (d) Preserve important historic, cultural, and natural aspects of our national heritage; ORD# , PAGE 4 Rev 3/09 (e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; (f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. (3) The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. (4) The city adopts by reference the following city codes, ordinances, resolutions, plans and policies as now exist or as may hereinafter be amended or superseded: (a) The Federal Way Comprehensive Plan; (b) The Federal Way Revised Code and documents adopted by reference therein, including without limitation the following titles: (i) Zoning (FWRC Title 19) and the official zoning map; (ii) Subdivisions (FWRC Title 18); (iii) Surface and Stormwater Management (FWRC Title 16); (iv) Shoreline Regulation and the Shoreline Management Master Program (FWRC Title 15); (v) Methods to Mitigate Development Impacts (FWRC Title 19, Division III); and (vi) Solid Waste (FWRC Title 11); (c) The Shoreline Management Guide Book (DOE); (d) The Washington State Flood Reduction Plan (1993 DCD); (e) Ordinances relating to Surface Water Runoff and Surface Water Management; (t) The Lakehaven Utility District Comprehensive Sewer System Plan; (g) The Lakehaven Utility District Comprehensive Water System Plan; (h) The Federal Way Comprehensive Parks, Recreation, and Cultural Services Plan; (i) The Federal Way Fire Department Long Range Plan; (j) The Federal Way School District Number 210 Capital Facilities Plan; (k) The Code of the King County Board of Health; (1) The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King County Surface Water Management, July 1991; (m) The King County County-Wide Planning Policies, to the extent currently adopted by the Federal Way city council, and as may be adopted hereafter; (n) The 2001 King County Final Comprehensive Solid Waste Management Plan; (0) The Federal Way Comprehensive Surface Water Management Plan; (p) Washington State Shoreline Management Act of 1971; (q) The Puget Sound Water Quality Management Plan; (r) The King County Division of Parks and Recreation Play Area Design and Inspection Handbook; (s) The Sea-Tac IntemationalAirport Impact Mitigation Study, February 1997, prepared by Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services, Inc., under a grant from the state of Washington; , PAGE 5 Rev 3/09 ORD# (t) The Washington State Department of Transportation Pavement Guide, February 1995; (u) The Highway Capacity Manual, Special Report 209, Transportation Research Board, 1997; (v) The Institute of Transportation Engineers, Trip Generation, 5th Edition, 1991; (w) The King County Surface Water Design Manual (KCSWDM) and the Federal Way Addendum to the KCSWDM; (x) The Stormwater Management Manual for the Puget Sound Basin, Washington State Department of Ecology, August 2001; (y) The King County Storm water Pollution Control Prevention Manual and Best Management Practices (BMP manual); (z) The January 2002 URS Federal Way Stream Inventory; and (aa) Planning documents not specifically listed above but referenced in the environmental analysis of the city's comprehensive plan. (Drd. No. 04-468, ~ 3, 11-16-04; Ord. No. 00-365, ~ 3, 3-7-00; Ord. No. 95-246, ~ 2, 11-21-95; Ord. No. 93-202, ~ 1, 12-21-93; Ord. No. 93-184, ~ 1,8-17-93; Ord. No. 92-140, ~ 3, 6-2-92; Ord. No. 92-137, ~ 1,5-5-92; Ord. No. 92-136, ~ 3, 4-21-92; Ord. No. 92-130, ~ 3, 3-17-92; Ord. No. 91-l14, ~ 3, 12-3-91; Ord. No. 91-109, ~ 2,9-17-91; Ord. No. 90-40, ~ 1(20.230.10, 20.230.20),2-27-90. Code 2001 ~ 18-122.) Section 4. FWRC 16.05.110 "K definitions." shall be amended to read as follows: 16.05.110 K defmitions. "King County Stormwater Pollution Centre I Prevention Manual (KCSPGE..M) " also descnbed as the "BMP manual," means the document prepared by King County and adopted by Federal Way, that describes best management practices, design, maintenance, procedures, and guidance. "King County Surface Water Design Manual (KCSWDM) " means the manual (and supporting documents as appropriate) describing surface and stonnwater design and analysis requirements, procedures, and guidance, and which is formally adopted herein by the city of Federal Way. The King County Surface Water Design Manual will be available from the King County department of development and environmental services or the department of natural resources. (Ord. No. 09-593, ~ 22, 1-6-09; Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 921-1.11.) Section 5. FWRC 16.45.010 "Purpose." shall be amended to read as follows: 16.45.010 Purpose. The purpose ofthis chapter is to protect the city's surface and groundwater quality by providing minimum requirements for reducing and controlling the discharge of contaminants from commercial, industrial, governmental, agricultural, residential and other land use activities in Federal Way. The city council recognizes that water quality degradation can result directly from one discharge or through the collective impact of many small discharges. Therefore, this title prohibits the discharge of contaminants into surface water, storm water and groundwater and outlines preventative measures to restrict contaminants from entering such waters, including the , PAGE 6 Rev 3/09 ORD# implementation of best management practices (BMPs)requires the implementation of the best knO'.'lIl, available, and reasonable management practices to prevent the contamination of stofIIl\vater, surface water, and groundwater. In addition, the city council also recognizes the importance of maintaining economic viability while providing necessary environmental protection. An additional purpose of this title it to assist in the achievement of both goals. (Drd. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-35.) Section 6. FWRC 16.45.030 "Scope." shall be amended to read as follows: 16.45.030 Scope. This chapter establishes the following water quality standards based on how the water leaves the subject property: (1) FWRC 16.45.040 establishes water quality standards for water that flows directly from the subject property into a stream, a lake or Puget Sound. (2) FWRC 16.45.050 establishes water quality standards for water that is conveyed into the public stormwater system directly from the subject property. (3) FWRC 16.45.060 establishes water quality standards for water that enters the groundwater system by penetrating through the surface of the subject property. (4) Water that leaves the subject property by conveyance directly into a sanitary sewer system or from a septic tank system is not regulated by this title. Seattle King County Health Department Regulation Nember IIILakehaven Utility District Resolution. Midway Sewer District Resolution and/or Code of the King County Board of Health. Title 13 applies to water quality in these situations. (Drd. No. 90-43, ~ 2(115.150(1)), 2-27-90. Code 2001 ~ 22-1196.) Section 7. FWRC 16.45.030 "Scope." shall be amended to read as follows: 16.45.040 Quality of water entering streams and lakes. (1) Generally. The quality of any water entering any stream or lake or Puget Sound directly from the subject property must meet the water quality standards established under the authority of Chapter 90.48 RCW, and contained within Chapter 173-20 1 WAC, which standards are hereby incorporated by reference. (2) Classifications. Under the authority of Chapter 173 201 V{AC, the city hereby classifies all streams '.vithin the city as "Class A^..," and all lakes '.vithin the city as "Class Lake." (Drd. No. 90-43, ~ 2(115.150(2)), 2-27-90. Code 2001 ~ 22-1197.) Section 8. FWRC 16.45.090 "Enforcement." shall be amended to read as follows: 16.45.090 Enforcement. (1) Violations. Notwithstanding the requirements of Chapter 16.50 FWRC and FWRC 16.55.010, if a person has properly designed, constructed, implemented, and is maintaining BMPs according to the BMP manual, is carrying out AKAR T as required or approved by ORD # , PAGE 7 Rev 3/09 the director, and/or has modified existing practices as specified by the director, and contaminants continue to enter surface water. aB:El storm water or groundwater; or the person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site, then that person shall not be in violation of water quality provisions of this chapter. Said person however, remains liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance ofBMPs, or other discharges in violation of this chapter that allow contaminants to enter surface water. aB:El stormwater or groundwater. (2) Additional guidanceprocedures. The director, in consultation with other departments of Federal Way government, ~ill develop and implement additional guidance information which describes the goals, objectives, policies, and procedures for a water quality investigation and enforcement program. These procedures will describe how the city will characterize. investigate and respond to reports or instances of noncompliance with this title and shall identify by title the official(s) responsible for implementing the enforcement procedures. These procedures will also include direction on removing the source of discharge. notification of appropriate authorities. notification of property owner. and the means of providing technical assistance for eliminating the discharge. In addition. these procedures will include escalating enforcement and legal actions. (3) Sampling and analysis. Whenever the director detennines that any person has violated or is violating the provisions of this chapter, the director may require the person responsible for the violation to sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance with sampling and analytical procedures or requirements detennined by the director. A copy of the analysis shall be provided to the Federal Way surface water management division. (4) Summary abatement. Whenever any violation of this chapter causes or creates a condition which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the director may sunnnarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. The costs of such sunnnary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in Chapter .Ll.~ FWRC, Civil Enforcement of Code. (Ord. No. 09-597, ~ 62, 1-6-09; Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-41.) Section 9. FWRC 16.50.010 "Illicit connections." shall be amended to read as follows: 16.50.010 Illicit connections. No person may connect a conveyance system which was not constructed or intended to convey precipitation runoff, or which has been converted from such usage to another use, to a storm drainage system or groundwater infiltration system. The construction. use. maintenance. or continued existence for illicit connections to surface water. storm water. groundwater or the Puget Sound is prohibited. This prohibition expressly includes. without limitation. illicit connections made in the past. regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of construction. except that tIhe following connections or ORD# , PAGE 8 Rev 3/09 discharges may be made: (1) Allowable discharges as defined below; (2) Discharges authorized by a NPDES or state waste discharge pennit; (3) Connections conveying effluent from an approved on-site sewage disposal system to its drainfield. (Ord. No. 99-352, 93, 11-16-99. Code 2001 921-36.) Section 10. FWRC 16.50.020 "Prohibited discharges." shall be amended to read as follows: 16.50.020 Prohibited discharges. It is unlawful for any person to discharge contaminants into surface water. ftBE:i stormwater, groundwater, or the Puget Sound. Contaminants include, but are not limited to, the following: (1) Trash or debris; (2) Construction materials; (3) Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil; (4) Antifreeze and other automotive products; (5) Metals in either particulate or dissolved form; (6) Flammable or explosive materials; (7) Radioactive material; (8) Batteries; (9) Acids, alkalis, or bases; (10) Paints, stains, resins, lacquers, or varnishes; (ll) Degreasers and/or solvents; (12) Drain cleaners; (13) Pesticides, herbicides, or fertilizers; (14) Steam cleaning wastes; (15) Soaps, detergents, or annnonia; (16) Swimming pool or spa filter backwash; (17) Chlorine, bromine, or other disinfectants; (18) Heated water; (19) Domestic animal wastes; (20) Sewage; (21) Recreational vehicle waste (22) Animal carcasses; (23) Food wastes; (24) Bark and other fibrous materials; (25) Collected lawn clippings, leaves, or branches; (26) Concrete and concrete by products including waste water from concrete saw cutting; (~27) Silt, sediment, or gravel; (~28) Dyes (except as described below under "allowable discharges"); (~29) Chemicals not normally found in uncontaminated water; (~930) Any other process associated discharge except as otherwise allowed in this section; (Wn) Any hazardous material or waste not listed above. , PAGE 9 Rev 3/09 ORD# (Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-37.) Section ll. FWRC 16.50.030 "Allowable discharges." shall be amended to read as follows: 16.50.030 Allowable discharges. Subject to provisions of the BMP manual, the following types of discharges shall not be considered prohibited discharges for the purpose of this title unless the director .QL11i~lQ~r designee determines that the type of discharge, whether singly or in combination with others, is causing pollution of surface water. and storm water or groundwater: (1) Natural uncontaminated surface water; (2) Diverted stream flows; (3) Spring water; (1) Potable water including water from water line flushing and hydrant maintenance; (~) Uncontaminated water from crawl space pumps or footing drains; (5) Uncontaminated pumped groundwater; (6) Uncontaminated groundwater infiltration defined in 40 CFR 35.2005(20); (7) Flows from riparian habitats and wetlands; (8) Collected rainwater that is uncontaminated; (3) Lawn watering; (9) Irrigation water from agricultural sources that is commingled with urban stormwater; (4) Dechlorinated swinHning pool 'l1ater; (~ 10) Materials placed as part of an approved habitat restoration or bank stabilization project; (6) Natural uncontaminated surface water or groundwater; (7) Flo'l.'s from riparian habitats and '.vetlancls; (8) Corrnnon practices for '.vater well disinfection; (911) Discharges resulting from diffuse or ubiquitous sources such as atmospheric deposition; (W 12) Discharges resulting from dye testing authorized by the director; (13) Air conditioning condensation; (H 14) Discharges which result from emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this title so as to avoid an imminent threat to public health or safety. fThe director may further define qualifying activities in administrative guidance. The person responsible for said emergency response activities shall take all necessary steps to ensure that the discharges resulting from such activities are minimized and ensure that future incidents are prevented to the greatest extent possib1ef,:. In addition. this person shall evaluate BMPs and the site plan. where applicable. to restrict recurrence; (R 15) Other types of discharges as determined by the director. (Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-38.) Section 12. A new section is added to chapter 16.50 "Discharges into Federal Way Waters and Storm Drainage Systems" FWRC to read as follows: ORD# ,PAGE 10 Rev 3/09 16.50.040 Conditional dischare:es. The following types of discharges shall not be considered prohibited discharges for the purposes of this chapter if they meet the stated conditions, or unless the director or his/her designee determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause significant contamination of surface water, stormwater or groundwater: (1) Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water that have been de-chlorinated to a concentration of 0.1 ppm or less, pH-adiusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments to surface water, storm water, groundwater, or the Puget Sound~ (2) Lawn watering and other irrigation runoff These discharges shall be minimized through, at a minimum. public education activities and/or water conservation efforts; (3) Discharges from swimming pools that have been de-chlorinated to a concentration of 0.1 ppm or less, pH-adiusted and reoxygenized if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments to surface water, stormwater, groundwater, or the Puget Sound; (4) Street and sidewalk wash water, water used to control dust, and routine external wash down that does not use detergents (these discharges shall be minimized through, at a minimum. public education activities and/or water conservation efforts)~ (5) Non-stormwater discharges covered by a separate National Pollutant Discharge Elimination System (NPDES) or State Waste Discharge pennit. provided that the discharger is in full compliance with all requirements ofthe pennit. waiver, or order and other applicable laws and regulations~ and provided that written approval has been granted for any discharge to the storm drain system~ (6) Other storm water discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by Surface Water Management. which addresses control of such discharges by applying AKART to prevent contaminants from entering surface water, stormwater, groundwater, or the Puget Sound. Section 13. FWRC 16.55.010 "Stormwater Pollution Control Manual." shall be amended to read as follows: 16.55.010 Stormwater Pollution ControlPrevention ManuaL (1) General. The King County Stormwater Pollution ControlPrevention Manual (BMP manual), adopted in FVIRC 16.20.020 and 16.20.030, applies to existing facilities and activities and to new development activities not covered by the King County Surface Water Design Manual (KCSWDM) and Federal Way Addendum to the KCSWDM. The BMP manual describes the types of regulated activities, the types of contaminants generated by each activity, the contaminant's affect on water quality, the required source control BMPs, and the available treatment BMPs. The BMP manual includes information on design, maintenance, allowable use of alternative BMPs, and a schedule for BMP implementation. ORD # ,PAGE 11 Rev 3/09 (2) Priority ofBMP implementation. Compliance with this section shall be achieved through the use of best management practices descnbed in the BMP manual. In applying the BMP manual, the director or his/her designee shall first require the implementation of source control BMPs unless the BMP manual specifically requires treatment BMPs. If source control BMPs (or treatment BMPs if required by the BMP manual) do not prevent contaminants from entering surface and stormwater or groundwater, the director or his/her designee may require implementation of additional source control BMPs and/or treatment BMPs according to AKAR T. (3) Prevention of pollution of surface and groundwaters. BMPs shall be applied as required herein, so that when all appropriate combinations of individual BMPs are utilized, pollution of surface or ground waters is prevented. If all BMPs required herein, or by the director are applied, and pollution still occurs, the discharger shall modify existing practices or apply further water pollution control measures, as specified by the director. In the absence of implementation of applicable BMPs, the director shall be authorized to conclude that individual activities are causing pollution in violation of this chapter, and shall be authorized to enforce this chapter accordingly. (4) Technical assistance. The Federal Way surface water management division will provide, upon reasonable request, available technical assistance materials and information, and information on outside financial assistance options, to persons required to comply with this title. (Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-39.) Section 14. FWRC 16.55.020 "Exemptions." shall be amended to read as follows: 16.SS.020 Exemptions. It is intended that all persons shall apply appropriate BMPs, whether as required by this title or under the authority of another program. Notwithstanding the requirements ofFWRC 16.55.010, implementation of BMPs prescribed by this chapter is not required when: (1) Alternative BMPs are being implemented pursuant to another federal, state, or local program, unless the director determines the alternative BMPs will not prevent or sufficiently reduce the discharge of contaminants. If the other program permitting alternative BMPS requires the development of a best management practices plan, the person shall, upon request and at no cost to the city, provide the director a copy of the BMP plan within five days of the request; (2) A general or individual NPDES permit for storm water discharges has been issued by the Washington State Department of Ecology for the property or activity in question, and the NPDES permit includes a water quality pollution control plan; unless the director determines that the plan is not being implemented or that implementation of the water quality pollution control plan will not prevent or sufficiently reduce the discharge of contaminants; (3) A farm management plan approved by the director is being implemented and maintained according to the plan; (4) l'J.. general or indi~lidual NPDES permit for cormnercial dairy operations has been issued by ,PAGE 12 Rev 3/09 ORD# the 'Washington State Department of Ecology; (~) An approved forest practices application has been approved by the Washington State Department of Natural Resources for forest practices, with the exception of forest practices occurring on lands platted after January 1, 1960, or on lands being converted to another use, or regulatory approval has otherwise been issued by the city of Federal Way or other local government under RCW 76.09.240; (6~) The director is authorized to and has issued an exemption from BMP requirements under another provision of this title. (Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-40.) Section 15. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase ofthis chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 16. 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 17. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 18. Effective Date. By unanimous consent, the Council finds that this ordinance is needed for the irmnediate support of city governments and is not subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and be in force on August 16,2009. , PAGE 13 Rev 3/09 ORD# PASSED by the City Council of the City of Federal Way this ,200_. ATTEST: CITY OF FEDERAL WAY MAYOR, JACK DOVEY CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ORD# , PAGE 14 I day of Rev 3/09 COUNCIL MEETING DATE:., mm.sJu.~_.2.-L.2a2j_._. ............._. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: . 5.(, SUBJECT: COMCAST PEG FEE ADJUSTMENT POLICY QUESTION: Should Council ammend to Comcast's franchise ordinance reflectiug the changes as the result of uncaptured PEG fee? COMMIITEE: FEDRAC MEETING DATE: June 22, 2009 CATEGORY: o Consent o City Council Business [2J Ordinance o Resolution D o Public Hearing Other ~!~~_~~O~!~x:_M~!1.IJ.:i.~.~~_'_!~fl?~~~~I~(;!t.!:l.l?!?ID'pir~(;!9.r DEPT: Information Technology ATTACHMENTS: Draft Ordinance Amending 06-524; Comcast Franchise Ordinance SUMMARYIBACKGROUND: Under Comcast's franchise agreement, Comcast agreed to pay the City in support of the PEG (Public Education and Government) access channel. In return City council allowed Comcast to collect $.35 per subscriber fees for PEG Capital improvements. As part of the agreement Comcast prepaid $200,000 in August of 2006 and was allowed to recover the initial contribution and then to remit to the City an amount equal to the fees on a monthly basis. City staff contacted Comcast in August 2008 estimating that the $200,000 should have been recovered by then and expecting monthly payments. Comcast however had neglected to collect the $.35 PEG fees from Aug. 2006 until June 2008 and as the result they had not yet recovered the initial $200,000. Had they followed the terms of the agreement the City would be collecting about $7,100 per month beginning of January 2009. In an effort to resolve this conflict, Comcast has recognized the automatic 5-year extension of current franchise agreement that extends the new expiration date to May 25, 2016 (Note, the franchise would have automatically extended anyway but Comcast could have objected), and in return, City would allow Comcast to continue collecting the $0.35 PEG fees until it recovers the initial $200,000 and then remit to the City on a monthly basis. Per FCC rules Comcast is allowed to recover any PEG fees from the subscribers. This resolution would reduce the PEG fees the City could have collected by about $150,000, guarantees a five year extension and it does not increase the subscribers PEG fee. Staff recommendation: Approve and forward the draft amendment to the ordinance to the full counciL . OPTIONS: 1. Approve the staff recommendation 2. Deny approval of staff's recommendation and provide staffwith further direction. STAFF RECOMMENDATION: Approval of the final draft RFC ,d Lv 1,&1.. , ./1 CITY MANAGER ApPROVAL: i31.JJk.vt &hlP/M t,/)J/ M DIRECTOR ApPROVAL: Committee . Council Committee Council 4aw.L Eric Faison, Committee Member PROPOSED COUNCIL MOTION: HI move approval of the Committee recommendation to accept Option m. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION ~ MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # "1 ., . .I! 00'1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE 06-524 THAT GRANTED A NON-EXCLUSIVE FRANCHISE TO COMCAST OF PUGET SOUND, INC. AND COMCAST OF WASHINGTON IV, INC. TO OCCupy RIGHTS-OF- WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF OPERATING AND MAINTAINING A CABLE COMMUNICATIONS SYSTEM, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE. WHEREAS, on May 25,2006, City Ordinance 06-524 became effective which granted a non-exclusive cable franchise to Comcast ofPuget Sound, Inc., and Comcast of Washington IV, Inc. (collectively referred to herein as Grantee); and WHEREAS, Ordinance 06-524, Section 19.5 authorizes amendment at any time by written agreement between the parties; and WHEREAS, the City and Grantee agree to amend the term of Ordinance 06-524; and WHEREAS, the City and Grantee agree to amend Ordinance 06-524 Section 9.1 regarding PEG Capital Support. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 06-524, Section 2.3 Term shall be amended to read as follows: 2.3 Term. The initial term of this Franchise and all its rights, privileges, obligations and restrictions shall be ten (10) years from the effective date of the Franchise. Section 2. Ordinance 06-524, Section 9.1 PEG Capital Support shall be amended to read as follows: 9.l PEG Capital Support. (a) Not later than ninety (90) days from the effective date of this Franchise, the Grantee will remit to the City: (1) An initial capital contribution payment of $200,000. Grantee will recover the capital contribution from Subscribers at $0.35 per month per Subscriber. When Grantee has fully recovered the initial capital contribution, without discount for the time value of money, Grantee will remit to the City on a monthly basis an amount equal to $0.35 per Subscriber per month until the additional contribution under Section 9.1 (b)( 1) occurs. (2) Unrestricted technology grant of $1 00,000. (b) On or before May 25, 20 ll, Grantee will remit to the City: (1) An additional capital contribution payment of $200,000. Grantee will recover capital contribution from Subscribers at $0.35 per month per Subscriber, and when it is fully recovered, without discount for the time value of money, Grantee will remit to the City an amount equal to $0.35 per Subscriber per month for the remaining life of the Franchise; and (2) An unrestricted technology grant of$lOO,OOO. (c) The City agrees that all capital contribution amounts, excluding technology grants, paid by the Grantee may be added to the price of Cable Services and collected from Subscribers as "external costs," as such term is used in 47 C.F.R. ~76.922 on the date of this Franchise. Section 3. Acceptance. This Ordinance and its terms and prOVISIons must be unconditionally accepted by the Grantee by the submission of a written instrument, III substantially the form attached as Exhibit A executed and sworn to by a corporate officer of the Grantee before a Notary Public, and filed with the City within sixty (60) days after the City's passage and approval of this Ordinance. Such instrument shall evidence the unconditional acceptance of this Franchise and the promise to comply with and abide by all its provisions, terms, and conditions. Failure of Grantee to accept this Ordinance as required by this section shall result in the automatic repeal of this Ordinance. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. 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 MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: r-- EXHIBIT A - ACCEPTANCE KNOW ALL MEN BY THESE PRESENTS: The City Council of the City of Federal Way, Washington, having duly passed and adopted Ordinance No. , titled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE 06-524 THAT GRANTED A NON- EXCLUSIVE FRANCHISE TO COMCAST OF PUGET SOUND, INC. AND COMCAST OF WASHINGTON IV, INC. TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF OPERATING AND MAINTAINING A CABLE COMMUNICATIONS SYSTEM, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE. and said Ordinance stating at Section 3 that the Ordinance must be unconditionally accepted by the Grantee by the submission of a written instrument in substantially the form of this Exhibit A; NOW, THEREFORE, Comcast of Puget Sound, Inc. and Comcast of Washington IV, Inc. do hereby unconditionally accept the terms and conditions of the Ordinance granting the said franchise, and do promise to comply with and abide by all its provisions, terms and conditions, subject to federal, State, and local law. ACCEPTED this _ day of , 2009. COMCAST OF PUGET SOUND, INC. COMCAST OF WASHINGTON IV, INC. By: By: Name: Name: Title: Title: Date: Date: STATE OF WASHINGTON) COUNTY OF ) ss. On I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as a corporate officer of Comcast of Puget Sound, Inc. and Comcast of Washington IV, Inc. to be the free and voluntary act of such party for the uses and purposes mentioried in the instrument. NOTARY PUBLIC FOR WASHINGTON My Commission Expires: COUNCIL MEETING DATE: Jul):~!'~~~?m.. ... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL I!~~~:~ SUBJECT: School Zone Flashing Beacon Grant Acceptance POLICY QUESTION: Should the City accept a grant of $7500 from the Washington State Traffic Safety Commission to install additional school zone flashing beacons at Sherwood Forest Elementary School? COMMITTEE: Land Use and Transportation MEETING DATE: July 6, 2009 CATEGORY: lSJ Consent D Ordinance D City Council Business 0 Resolution ~.!A~.~..~J!:!'9.~!...~X.:.....~!~~...~~~~~I~:~:Lg!~..I~l:l:f!1~.gp':gi.P.:l?~.~~ D Public Hearing [gJ Other DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated July 6, 2009. Options Considered: 1. Approve acceptance of the grant. 2. Reject the grant. ST AFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the July 21, 2009 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: b.i,/lltvl Committee Council DIRECTOR ApPROVAL: ----"..- COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the July 21, 2009 City Council Consent Agenda for approval. r \ i (l "~(' . () D->-.~ \~- Linda Kochm r, Chair ~~ Dini Duclos, Member PROPOSED COUNCIL MOTION: Commission grant of$7500 to install o to approve acceptance of the Washington State Traffic Safety 00/ zone flashing beacons at Sherwood Forest Elementary School. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 6, 2009 Land Use and Transportation Committee Brian Wilson, Interim City Manager Rick Perez, P.E., City Traffic Engineer ~ School Zone Flashing Beacon Grant Acceptance 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. Staff has coordinated with Police and the School District to determine which schools were the highest priority and concluded that the extension of l2th Avenue SW would create the most need at Sherwood Forest Elementary. The cost estimate for installation is $15,000. The adopted budget allocates $20,000 for school safety improvements in the Neighborhood Traffic Safety Program. The City's grant application to the Traffic Safety Commission was successful. Staff requests approval of grant acceptance. cc: Project File Day File COUNCIL MEETING DATE: July 21,2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: BPA Trail at SW 3561h Street Pedestrian Crossing Final Project Acceptance and Retainage Release POLICY QUESTION: Should the Council accept the BPA Trail at SW 356th Street Pedestrian Crossing Contract constructed by R.D. Jones' Stop Experts, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 06, 2009 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D Public Hearing D Other ~!~~~gJ!:~9.1l:!!.l.y':~i(*~R~~~~?R~~~?~i!Y!~~ffl<::~~gi.~~~!m . . DEPT: Public Works ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated July 06, 2009. OPTIONS CONSIDERED: 1. Authorize final acceptance of the BP A Trail at SW Street Pedestrian Crossing Contract constructed by R.D. Jones' Stop Experts, Inc., in the amount of $26,060.00 as complete. 2. Do not authorize final acceptance of the BPA Trail at SW 356th Street Pedestrian Crossing Contract constructed by R.D. Jones' Stop Experts, Inc. as complete and provide direction to staff. STAFF RECOMMENDATION: Staffrecommends Option 1 be forwarded to the July 21, 2009 City Cou Agenda for approval. /,Ju CITY MANAGER ApPROVAL: jJ.W./llIJ Committee bU.\- DIRECTOR ApPROVAL" --_....~..... Council COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the July 21, 2009 City Council Consent Agenda for approval. ~U~ ar, Chair ~_.) ( . "---- PROPOSED COUNCIL MOTION: "1 move approval of final acceptance of the BP A Trail at SW 35611 Street Pedestrian Crossing Contract constructed by R.D. Jones' Stop Experts, Inc., in the amount of $26, 060. 00 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 06, 2009 Land Use and Transportation Committee Brian Wilson, Interim City Manager Rick Perez, P.E., City Traffic Engineer ~ BPA Trail at SW 356111 Street Pedestrian Crossing -Project acceptance and Retainage Release BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with R.D. Jones' Stop Experts, Inc. is complete. The final construction contract amount is $26,060.00. This is $2,345.40 below the $28,405.40 budget that was approved by City Council on January 20, 2009. cc: Project File K:\LUTC\2009\07-06-09 SPA Trail at SW356th Street Pedestrian Crossing - Project Acceptance.doc COUNCIL MEETING DATE: July 21, 2009 .... ........ mmmm~.!~~.~:~f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Regional Hazard Mitigation Plan POLICY QUESTION: Should the City ofPederal Way continue participation in the Regional Hazard Mitigation Plan (RHMP) of King County? COMMITTEE: PARKS, RECREATION AND PUBLIC SAFETY MEETING DATE: July 14, 2009 CA TEGORY: o Consent ~ City Council Business o Ordinance ~ Resolution o o Public Hearing Other :~:.~~:~:~~~~;~;~~~~ an:~~:;:U:::e:O::~ittee /:1~;j- July 14,2009. Options Considered: CD Approve the Resolution to continue participation in the Regional Hazard Mitigation Plan of King County. 2. Do not approve the Resolution to continue participation in the Regional Hazard Mitigation Plan of King County and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the July 21,2009 City Council Business Agenda for approval. CITY MANAGER ApPROVAL: jJ,lv/lVt f.,/JtJ! ~ I.' 0/("" DIRECTOR ApPROVAL: Committee Council ommittee Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the July 21, 2009 City Council Business Agenda for approval. ROPOSED COUNCIL MOTION(S):" ove approval of the Resolution to continue participation in the Regional Hazard Mitigation Plan of King County." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY PARKS, RECREA nON & CULTURAL SERVICES DEPARTMENT Date: July 14,2009 To: Parks, Recreation, Human Services & Public Safety Council Committee From: MaryJlttbbv.tEJJier~.. :n<J1.Management Specialist ~ 1/ T)-+d1'7/[ tk~,. I ~ Brian Wilson, Interim City l\f.(nager 6OhPll1,b 'j,j) Via: Subject: Regional Hazard Mitigation Plan of King County Policv Question: Should the City Council approve continuation of participation in the Regional Hazard Mitigation Plan (RHMP) of King County? Back2round In 2003, the City of Federal Way approved participation in the King County Regional Hazard Mitigation Plan (RHMP) and adopted the Federal Way Annex Hazard Mitigation Strategy and Initiatives via Resolution # 03- 398. FEMA requires that these plans be reviewed and updated on a five-year cycle in order to continue participation in the regional plan. The King County Office of Emergency Management is the lead agency for FEMA plan submittal. The plan review cycle is now underway and KCOEM is requesting jurisdiction Annex pages be reviewed and updated according to FEMA guidelines, with a submission deadline to KCOEM by September 1, 2009. As part of the revision, signatories are required to identify updated strategies and initiatives. A Hazard Mitigation team comprised of Federal Way Emergency Management and designated Public Works leadership is charged with identifying the revised strategy. FEMA and/or King County require that proposed revisions be approved via the following process: 1. A Resolution from the City stating its intent to continue participation in the plan. 2. A conditional adoption resolution of the revised plan Annex elements by Council prior to submittal to FEMA. The conditional acceptance must be gained through Council and must allow for public involvement. 3. Formal Adoption Resolution by Council after revised plan has been approved by FEMA. There are currently 12 jurisdictional Annexes to the regional plan including Federal Way, Auburn, Bellevue, Bothell, Burien, Duvall, Issaquah, Kirkland, Normandy Park, North Bend, SeaTac and Woodenville. There are also eight fire districts including South King Fire and Rescue, 13 utility districts including Lakehaven, three school districts including Federal Way Public Schools and multiple King County Government agencies. While each of these entities is able to submit an independent plan, signatories of the regional plan recognize that the joint effort reduces administrative burdens and facilitates communications related to hazard mitigation issues. There are two primary benefits to continuing participation in the regional hazard mitigation plan: 1. FEMA approved plans enable the participant the ability to apply for several pre and post-mitigation grants. 2. Jurisdictions with an approved mitigation plan are eligible to receive post-disaster mitigation funds in addition to the standard declared emergency disaster recovery funds. Jurisdictions without a mitigation plan are not eligible for the added post-disaster mitigation funds. Attachments: RHMP mission statement and objectives cc: Project File How the Plan is Organized The King County Regional Hazard Mitigation plan IS organized Into seven basic sections Sections 1 and 2 provide an administrative overview of the planning process Section 3 provides a comprehensive profile of the regIOn; this information is key in understanding the various aspects of the community that are involved or can be impacted during hazard events Section 4 profiles individual participatmg agencies Section 5 includes hazard identification and vulnerability information based on the six most common hazard types that occur within our region; other hazard topics will be addressed in priority order in subsequent years Section 6 summarizes the major hazard events and repetitive losses reported by participatmg agencies. Section 7 outlines the County's regional hazard mitigation strategy. Section 8 includes annexes that support the main document The sections are arranged in a sequence that reflects the mitigation planning process itself Mission and Vision The RHMP Taskforce developed the mission and vision statements with input from the Partner's group It was the intent of both groups to keep these statements simple and broad in scope. Mission "Reduce the impaa of natural. technological and human -caused disasters upon the communities within King County" Vision "King County is a region where disasters have minimal impact on people, infrastnlClure and the environment. .. Goals and Objectives The goals and objectives are based on the mission and vision statements and are listed in order of planning priority Mitigation strategies and activities are based on these goals 1) Protect Life and Property 2) Support Emergency Services 3) Increase Public Awareness 4) Preserve Natural Systems and Resources 5) Encourage Partnerships 6) Enhance Planning Activities King County Hazard Mitigation Plan. Introduction 12/5/2005 Page 1-6 , Protect life and Property · Implement actIvitIes that aSSist in protecting lives and property by makIng homes. businesses, infrastructures, cntical facilities. and other community assets more resistant to losses from natural hazards · Maintain essential servIces, facilities and mfrastructures during disasters · Identify populations with special needs or those who may be more vulnerable to the Impacts of disasters or hazard events · Reduce losses and repetitive damages from chronic hazard events · Provide and/or tmproveemergency warning systems Support Emergency Services · Strengthen and support countywide dIsaster and emergency response efforts · Protect and maintain critical facilities, infrastructures and services essential to emergency service and disaster response activities Increase Public Awareness · Enhance the publle's knowledge about hazards that occur In the reglor. and how they can be Impacted · Support education and outreach programs to increase the public's awareness about disaster preparedness, mitigation, emergency response, and recovery activIties · Develop education strategies, programs and materials to reach populations with speciaJ needs · Provide and support comprehensive education activities that address all sectors of the community Preserve Natural Systems and Resources · Insure protection of agriculture, fish, wildlife, and natural resources · Balance watershed planning, natural resource management, and land use planning with natural hazard mitigation to protect life, property and the environment King County Hazard Mitigation Plan Introduction 12/5/2005 Page 1-7 ~ , Encourage Partnerships · Strengthen communication and participation among public agencies, citizens, non-profit organizations, businesses and industry. · Coordinate hazard mitigation planning efforts with other local and regional organizations involved in disaster preparedness, response, and recovery activities. Enhance Planning Activities · Improve data collection and evaluation processes for identifying critical facilities, infrastructures, essential services, and populations at risk. · Improve hazard assessment information and resources. · Enhance and increase participation and representation on the Regional Hazard Mitigation Plan Taskforce and Partners Committee. · Facilitate ongoing review and implementation of the plan. · Actively monitor and evaluate the status, implementation and completion of mitigation action items. · Routinely review, update and enhance all aspects of the plan. King County Hazard Mitigation Plan: Introduction 12/5/2005 Page 1-8 RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing continued participation in the King County Regional Hazard Mitigation Plan. WHEREAS, in 2003 the City of Federal Way approved adoption of the Regional Hazard Mitigation Plan and Federal Way Annex pages (Resolution # 03-398) in recognition of its vulnerability to natural, technological and man-made disasters and its commitment toward minimizing the effects of such disasters upon the community; and WHEREAS, FEMA requires such plans to be reviewed, revised and re-submitted to FEMA for re-approval in accordance with FEMA and King County guidelines; and WHEREAS, each jurisdictional subscriber to the plan is required to submit a document of intent to continue participation in King County's Regional Hazard Mitigation Plan prior to the City's formal adoption process for approval of the Federal Way Annex pages. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council of Federal Way hereby authorizes the City Manager to sign the Regional Mitigation Plan Signature Form, attached hereto as Exhibit A, as the City's letter of intent to continue participation in the King County Regional Hazard Mitigation Plan. 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. Resolution No. 09- Page 1 of3 Rev 3/09 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 F ederal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON 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 Resolution No. 09- Page 2 of3 Rev 3/09 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 09- Page 3 of3 Rev 3/09 Exhibit A Regional Mitigation Plan Signature Form I hereby commit the jurisdiction of to actively participating in the Regional Mitigation Plan. I understand that each jurisdiction participating in the Plan is individually responsible for accomplishing the tasks listed below. o Designate a Point of Contact for. thi~ jorisdictior;t to coordinate mitigation planning efforts. . . ; . '.. .. . Point of Contact email address phone number o Ensure the governing body of this jurisdiction adopts the Regional Mitigation Plan by local ordinance. o Contribute at no cost available geographic data necessary to development of the Hazard Identification and Vulnerabjlity;AnalysH, including, but not limited to: . land use data . ,. . . . development patterns . population figures . infrastructure systems . hazard data o Develop a Local Mitigation Strategy (LMS) based on the Hazard Identification and Vulnerability Analysis. The LMS will include: . a set of mitigation goals specific to this jurisdiction aimed at reducing long- term vulnerability to haz~rd~ . a list of mitigation projects and actions . a description of how projects and actions will be prioritized and implemented . Involvement in NIFP compliance . Other FEMA required plan components as listed o Develop a schedule for updating this jurisdiction's LMS and geographic data contained within the Regional Mitigation Plan. ~ ' i o I ncorporate recommendations, ptllicies, and strategies included in the LMS into other local planning tools and methods such as land use plans, Capital Improvements Plans, site review processes, and zoning ordinances. Date Signature of Chief Elected Official COUNCIL MEETING DATE: July 21, 2009 ITEM#: h Q ............................................................................~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED INTERLOCAL AGREEMENT REGARDING DISTRIBUTION OF PROCEEDS FROM THE SALE OF BELLEVUE PROPERTY AND INDEMNIFICATION OF BELLEVUE POLICY QUESTION: SHOULD CITY COUNCIL APPROVE THE PROPOSED INTERLOCAL AGREEMENT TO DISTRIBUTE THE CITY'S PROPORTIONATE SHARE OF PROCEEDS FROM THE SALE OF PROPERTY TO BE USED FOR THE SCORE FACILITY AND INDEMNIFY BELLEVUEW, AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT? COMMITTEE: PRHS&PS MEETING DATE: July 14,2009 CA TEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: PATRICIA CITY ATTORNEY DEPT: Law In 2000 the Federal Way and other cities entered into an agreement with King County for jail services for the cities' misdemeanants. Under that agreement King County transferred three parcels to Bellevue with the condition that the property was to be used for the cities' misdemeanants in the future, because the County would no longer provide jail services after 2012. Under a separate agreement Bellevue is liable for all of the proceeds if one city fails to use the proceeds for to build a jail. The cities collectively determined that a jail in Bellevue was not convenient. Consequently, the South King County cities commenced discussions, and Council approved the interlocal agreement forming SCORE and the interlocal agreement for contributing to the building of the SCORE jail in Des Moines. Federal Way's initial contribution is its proportionate share of the proceeds in the amount of $971,638.82 from the sale of the Bellevue property. The projected date to commence construction is August September of this year. The proposed interloca1 agreement sets forth the City's share of the proceeds to be applied to the SCORE jail and sets forth the understanding that the proceeds are limited for jail services or King County may sue for breach of contract. Attachments: Proposed interlocal agreement regarding proceeds distribution; attachment showing distribution to all cities. Options Considered: CD Approve the proposed interlocal agreement regarding proceeds distribution from the sale of Bellevue property, and authorize the Interim City Manager to execute said agreement. ......................... ... ... ...................m.?:m~~j~(;t..!~.~..P~(>p(>.~~4!!l!~~I(>(;'l.li'lgr.:~~~~!l!:...... CITY MANAGER ApPROVAL: roposed interlocal regarding distribution of proceeds ? ~ r-k Committee Council Committ e (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 PROCEEDS DISTRIBUTION AND HOLD HARMLESS AGREEMENT This Proceeds Distribution and Hold Harmless Agreement (Agreement) is entered into between Federal Way (JAG City) and the City of Bellevue and is effective upon the date ofthe last signature below. RECITALS A. Whereas, King County entered into a Jail Services Agreement (JSA) with many ofthe cities located in King County (Contract Cities) to house and provide jail services for Contract Cities' misdemeanants; B. Whereas, the JSA provides for the transfer of real property located in Bellevue with tax parcel numbers 2825059291, 2825059292, and 2825059015 (Jail Property) to the City of Bellevue on behalf of the JAG Cities to facilitate the Contract Cities reducing their jail population housed by King County as provided in Section 11 of said JSA; C. Whereas, Section 12 of the JSA provides that the Jail Property (or the proceeds from its sale [Proceeds]) will be used to contribute to the cost of building secure capacity, or contracting for secure capacity, and at the sole discretion of the Contract Cities, building or contracting for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step of the population reduction schedule in the JSA; D. Whereas, Section l2 ofthe JSA further provides that in the event the Contract Cities do not meet the objectives set forth in said section, King County would be entitled to return of Proceeds; E. Whereas, on October 3l, 2002, the City of Bellevue and King County entered into a Land Transfer Agreement [City of Bellevue Clerk's Receiving # 33014] conveying the Jail Property to the City of Bellevue on behalf of all cities in King County (JAG Cities) for the purposes described in Section 12 of the JSA; F. Whereas, JAG Cities, except Kent and Enumclaw, entered into an Interlocal Agreement for Jail Administration (Interlocal Agreement) in part to create rules for administering the obligations related to Sections 11 and l2 of the JSA; G. Whereas, the obligations of Section 12 of the JSA are incorporated into Section 7.1 of the Interlocal Agreement including its application to all King County Cities; H. Whereas, on March 16,2009, the City of Belle vue (Bellevue) sold the Jail Property to Seattle Children's Hospital for $13 million; I. Whereas, on March 26, 2008, the Assembly created by the Interlocal Agreement approved the distribution of Jail Proceeds; - 1 - July 7, 2009 J. Whereas, some Cities have acted to designate their portion of the Proceeds towards fulfilling their obligations under the JSA through undertakings such as the SCORE facility; K. Whereas, it is the intent of this Agreement that Bellevue stand in no worse ( or better) position than any other JAG City with respect to liability or costs associated with the distribution of and/or possible return of Proceeds to King County because of its unique obligations to King County in Section l2 of the JSA as incorporated into the Interlocal Agreement (unique Section 12 obligations); L. Now therefore, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and as a precondition for receipt of said Proceeds, the JAG City and Bellevue agree: AGREEMENT l. Per the Jail Oversight Assembly approved formula noted in the city-by-city proceeds distribution (Attachment A), Bellevue shall pay JAG City, $ 592,399.79 (representing $ 596,939.04 - its proportionate share of the Proceeds/Interest minus $ 4,539.25 its proportionate share of the expenses Bellevue may recoup as provided in Section 7.2 ofthe Interlocal Agreement) within 30 days of the execution ofthis Agreement. 2. Upon receipt of said Proceeds, JAG City acknowledges and agrees that Bellevue has lawfully discharged all obligations and duties of Bellevue to that JAG City under the first paragraph of Section 7.2 of the Interlocal Agreement, and that Bellevue is discharged from all of its obligations and duties to that JAG City under the second paragraph of Section 7.2 of the Interlocal Agreement. 3. JAG City will abide by all requirements regarding the use of and goals related to the proceeds as provided in Section 7.1 of the Interlocal Agreement (whether a party to a JSA or not). JAG City will only leave or place a City Inmate in King County Jail after December 31, 2012 (post 2012 inmate housing) if King County confirms in writing that this post 2012 inmate housing does not violate the population reduction schedule referenced in Section 12 of the JSA and incorporated into Section 7.1 of the Interlocal Agreement. 4. Should there be a determination that a JAG City failed to abide by the requirements of Section 7.1 (at-fault JAG City) triggering an obligation for Bellevue to return all or part of the at-fault JAG City's Proceeds and any required interest to King County, said Proceeds shall be paid to Bellevue within lO working days of written notice unless the at-fault JAG City makes other acceptable arrangements with Bellevue and/or King County or the at-fault JAG City obtains injunctive or other legal relief against King County that absolves Bellevue of any legal obligation to return said Proceeds and interest prior to the expiration of the 10 working day period. - 2 - July 7, 2009 5. Bellevue and JAG Cities maintain that King County may only require return of Proceeds from an at-fault JAG City. However, if there is a determination that there is an obligation to return to King County Proceeds in an amount in excesS of the amount distributed to an at-fault JAG City(s) then each non at-fault JAG City shall pay up to the full amount of its Proceeds and any required interest to Bellevue within 10 working days of written notice unless the non at-fault JAG City makes other acceptable arrangements with Bellevue and/or King County or the non at-fault JAG City obtains injunctive or other legal relief against King County that confirms Bellevue has no legal obligation to return said Proceeds and interest prior to the expiration ofthe 10 working day period. Ifthe obligation to return Proceeds is in excess of the at-fault JAG City's distribution, but less than each JAG City's full Proceeds, the amount due King County from the non at-fault JAG Cities shall be a prorated amount based on the percent of Proceeds received to the total Proceeds minus the amount representing the at-fault JAG City's share. The same prorated formula shall apply to required interest due from non at-fault JAG Cities. 6. Should Bellevue be sued for return of proceeds solely because of its unique Section l2 obligations, the alleged at-fault JAG City(s) shall immediately undertake the defense of Bellevue and pay all expenses and costs (including attorney's fees) associated with said defense whether or not said JAG City maintains it is or is ultimately determined to be not at-fault. Should King County be entitled to its attorney's fees in the suit, the at-fault JAG City shall hold Bellevue harmless and indemnify Bellevue from any liability or costs associated with the obligation to pay King County's attorney's fees. 7. Should Bellevue be the only party sued based on the alleged fault of other JAG Cities, those alleged at-fault JAG Cities agree to stipulate to being named as defendants with the concurrence of Plaintiff and/or not oppose Bellevue's motion to be included in the suit as an indispensible party. The obligations of Paragraph 6 shall apply whether or not the alleged at-fault JAG City is named in the litigation. 8. If King County sues Bellevue for return of proceeds because of Bellevue's alleged violation of Section 12 of the JSA regarding use of proceeds or the reduction in jail population along with other JAG Cities for their violations, each party will undertake its own defense at its own cost. 9. At-fault JAG Cities shall be responsible for costs of whatever form or nature associated with Bellevue's unique Section 12 obligations, including but not limited to staff costs in coordinating and collecting proceeds or attorneys fees, and including administrative costs Bellevue incurs even where timely payment of Proceeds is made. Said costs shall be prorated among at-fault JAG Cities as appropriate. 10. In the event Bellevue incurs liability or costs associated with its unique Section 12 obligations and said liability or costs are not addressed in any other provision of this Agreement, each JAG City shall indemnify, hold harmless and defend Bellevue and - 3 - July 7, 2009 its elected officials, employees agents and representatives from and against any and all claims, demands, causes of action, liabilities, judgments, settlements, damages or costs, including reasonable attorney's fees of whatever form related to Bellevue's unique Section 12 obligations in proportion to its share of the proceeds. ll. Each JAG City shall keep its Proceeds in a segregated fund and keep records sufficient to demonstrate that all expenditures of the Proceeds comply with Section 7.l of the Interlocal Agreement. Said records shall be kept for at least 6 years from the date of the expenditure of the last Proceeds of the JAG City. 12. The JAG City representative who will be responsible for management and expenditure of the fund and for receiving notices related to the obligations under 7.1 ofthe Interlocal Agreement is (include name, title, address & phone #): a. Bryant Enge, Financial Services Administrator P.O. Box 9718 Federal Way, WA 98063-97l8 (253) 835-2510 JAG City shall notifY Bellevue of any change in this designated representative or contact information. 13. The City of Bellevue as a recipient of$ 97l,638.82 (representing $ 979,083.98 - its proportionate share of the Proceeds/Interest minus $ 7,445.16 its proportionate share of the expenses) is also a JAG City and in that capacity shall be bound by the same terms under this Agreement as any other JAG City. 14. This Agreement shall be authorized by each JAG City's legislative body or other authorizing authority if not within authority of legislative body. 15. General Provisions: A. Governing Law; Forum. The Agreement will be governed by the laws of Washington and its choice oflaw rules. The JAG City consents to the exclusive personal jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute arising out of or in connection with the Agreement, and agrees not to commence or prosecute any action or proceeding arising out of or in connection with the Agreement other than in the aforementioned courts. B. Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. - 4 - July 7, 2009 C. Nonwaiver. Any failure by a party to enforce strict performance of any provision of the Agreement will not constitute a waiver of that party's right to subsequently enforce such provision or any other provision of the Agreement. D. No Assignment. Neither the Agreement nor any ofthe rights or obligations of the JAG City arising under the Agreement may be assigned without Bellevue's prior written consent. Subject to the foregoing, the Agreement will be binding upon, enforceable by, and inure to the benefit of, the parties and their successors and assigns. E. Notices. All notices and other communications under the Agreement must be in writing, and must be given by registered or certified mail, postage prepaid, or delivered by hand to the party to whom the communication is to be given, at its address set forth in this agreement. F. Legal Fees. In any lawsuit between the parties with respect to the matters covered by the Agreement, the prevailing party will be entitled to receive its reasonable attorney's fees and costs incurred in the lawsuit, in addition to any other relief it may be awarded. G Counterparts. The Agreement may be signed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall be deemed one and the same document. In witness whereof, the parties have executed this Agreement and it shall be effective as of the last date written below. CITY OF FEDERAL WAY By: Title: Date: CITY OF BELLEVUE By: Title: Date: - 5 - July 7, 2009 -< ~ -i OJ OJ. 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