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Council PKT 09-01-2009 Regular .A Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 1, 2009 www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. City Manager Emerging Issues / Introduction of New Employees · Code Compliance Update: John Micciche 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: August 4, 2009 Regular & Special Meeting, August 8, 2009 Special Meetin~, and August 25,2009 Special Meeting. ...page 3 b. Vouchers FEDRAC 8-25-0 ...page14 c. Monthly Financial Report FEDRAC8-25-09...page 52 d. ORDINANCE Creating North Lake Management District NO.2 and Setting Public Hearing Date 1st reading 8-4-09...page 66 e. Energy Efficiency Grant (ECGS) Project Financing FEDRAC 8-25-09 ...page 74 f. Grant Funding for Trans~ortation Improvement Projects FEDRAC8-25-09...page 80 g. RFP for State Lobbyist F DRAC 8-25-09...page 82 h. Washington State Archives Records Grant FEDRAC 8-25-09... page 85 6. PUBLIC HEARING a. Initiative Measure NO.1 033 concerns state, county and city revenue. This measure would limit growth of certain state, county and city revenue to annual inflation and population growth, not including voter-approved revenue increases. Revenue collected above the limit would reduce property tax levies. ...page 87 7. COUNCIL BUSINESS a. Settlement Agreement with Lakehaven Utility District to Relinquish Easements in Right of Way. ...page 95 8. INTRODUCTION I FIRST READING OF ORDINANCES a. Council Bill #503/Amendments to the Federal Way Revised Code (FWRC) Title 18 "Subdivisions" and Title 19 "ZoninQ and Development Code" LUTC 8-3- 09 ...page 101 AN ORDINANCE ofthe City of Federal Way, Washington, relating to plat and land use application time extensions; amending FWRC 18.05.080, 18.30.260, 18.35.220, 19.15.050, 19.15.100, and 19.15.110; repealing FWRC 18.30.270, 19.65.110, and 19.70.160; and adding new sections to FWRC 18.05.090 and 19.15.075. (Amending Ordinance Nos. 09-594, 07-573, 07-554, 00-375, 97-291,92-133, and 90-43) b. Council Bill #504/Amendments to Federal Way Revised Code (FWRC) Title 19.11~.Ot~5 "C~mg~~!~tess of applications" reQardinQ vestinq for use process app Ica Ions. ...page 157 AN ORDINANCE of the City of Federal Way, Washington, relating to land use application vesting; amending FWRC 19.15.045. (Amending Ordinance Numbers 09-594 and 90-43) c. Council Bill #505/Criminal Code Update PRHSPS 8-11-09 ...page 205 AN ORDINANCE of the City of Federal Way, Washington, relating to Sexual Misconduct with a Minor in the Second Degree; amending FWRC 6.20.010. (Amending Res. No. 09-539, 9 1,1-6- 09; Ord. Nos. 04-463, 9 1,8-3-04; 02-429, 9 3, 11-19-02; 00-374, 9 1,9-19-00; 91-106, 91,8-20- 91; 91-89, 9 1 (9.10.01 0), 3-5-91. Code 2001 96-61.) INTRODUCTION AND ENACTMENT OF ORDINANCES d. Council Bill #506/Amendinq the Existinq Interlocal Aqreement with SCORE and Approvinq a New Interlocal Aqreement with the Cities of Des Moines, Renton. Auburn FEDRAC 8-2"5-09 209 ...page AN ORDINANCE of the City of Federal Way, Washington, authorizing the execution of an amended and restated interlocal agreement relating to the South Correctional Entity Facility; authorizing the execution of an interlocal agreement among the Cities of Renton, Auburn, and Des Moines, Washington], and the South Correctional Entity. (Amending Ordinance No. 09-603) 9. COUNCIL REPORTS 10. CITY MANAGER REPORT 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. **In an effort to "Think Green" 1600 sheets of paper were saved by eliminating duplicate copies of the Consent Agenda supporting documents. COUNCIL MEETING DATE: September 1, 2009 ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the August 4,2009 Special Meeting, August 4,2009 Regular Meeting, August 8, 2009 Special Meeting and the August 25,2009 Special Meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: [g] Consent D Public Hearing o Other D Ordinance o City Council Business 0 Resolution ~!~!!..~!'.g~!!l.Y:~~~~"M~~~~""y~~~!.y~..~t~. t DEPT: Human Resources Attachments: Draft meeting minutes of the August 4, 2009 Special Meeting, August 4, 2009 Regular Meeting, August 8, 2009 Special Meeting and the August 25, 2009 Special Meeting? Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK ApPROVAL: N/A DIRECTOR ApPROVAL: N/A N/A Council Conunittee Council Conunittee COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # A Federal Way MINTUES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall AUGUST 4, 2009 5:30 P.M. www.cityoffederalway.com Q~~~" 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 5:30 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Mike Park, Jim Ferrell, Jeanne Burbidge, Linda Kochmar and Dini Duclos. Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Council adjourned to Executive Session at 5:30 p.m. for approximately 60 minutes to discuss potential litigation pursuant to RCW 42.30.110(1 )(i). Councilmember Kochmar adjourned from Executive Session at 5:45 p.m. The Council adjourned from Executive Session at 6:27 p.m. 3. ADJOURN Mayor Dovey adjourned the meeting at 6:28 p.m. ATTEST: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes - August 4, 2009 Special Meeting Page 1 of 1 A Federal Way FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall AUGUST 4, 2009 - 7:00 p.m. www.cityoffederalway.com OR~f1 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:00 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Mike Park, Jim Ferrell, Jeanne Burbidge, Linda Kochmar and Dini Duclos. Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Councilmember Ferrell Led the pledge of allegiance. 3. PRESENTATIONS Ceremonial SwearinQ In of Police Officers Interim Police Chief Andy Hwang introduced Officers Carl Van Dyke and Jedidiah Tan. City Clerk Carol McNeilly conducted the ceremonial swearing in of the new officers. AWC Well City Award Council member Jeanne Burbidge presented Fitness Athletic Coordinator Kimberly Shelton with the AWC Well City Award which acknowledges the City's best practices in employee health promotion. City ManaQer EmerQinQ Issues / Introduction of New Emplovees Energy Efficiency and Conservation Grant: Financial Service Administrator Brian Enge reported the City received an energy efficiency and conservation grant and staff is working to meet the August 17, 2009 application deadline. Petition for Change of Government: Interim Manager Wilson reported the City received a petition for change of government on July 30,2009 and reviewed the next steps for King County as well as the City. City Council Minutes - August 4, Regular Meeting Page 1 of5 4. CITIZEN COMMENT Ted Viden encouraged the Council to continue their analysis of court services and maintain the City's Municipal Court. H. David Kaplan spoke in support of maintaining the City's Municipal Court. John Micciche reported on code enforcement issues he is experiencing with the city. He has gone to court five times and feels he is being harassed. Barbara Linde presiding judge for King County District Court, provided cost estimates for court services if the City were to contract with King County for services. David Larson Federal Way Municipal Court Judge encouraged the Council to continue operating the Municipal Court. Mark Eide King County District Court Judge, spoke in favor of Federal Way contracting for court services with King County. Barbara Reid encouraged 'the Council to continue operating the Municipal Court. Betty Taylor suggested the Council consider extending the public comment time limit at Council meetings. Ms. Taylor also thanked the City for installing speed bumps in her neig h borhood. Terrance Thomas President of North Lake Improvement Club, spoke in support of forming the North Lake Management District Number 2. Councilmembers Ferrell and Duclos asked staff to provide a report on the code violations involving Mr. Micciche. Interim City Manager Wilson summarized the City's efforts to resolve these issues. The City believes Mr. Micciche is violating city code, and has offered mediation as a solution. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are. enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: July 21, 2009 Special Meeting, July 21, 2009 Regular Meeting and July 28, 2009 Special Meeting APPROVED b. Vouchers FEDRAe 7-28-09 APPROVED c. Monthly Financial Report FEDRAC 7-28-09 APPROVED d. Approval for Purchase and Certification of City's Electronic Records Management System FEDRAe 7-28-09 APPROVED e. RESOLUTION Federal Way Nalley Cities Fiber Interconnect Grant FEDRAC 7-28-09 APPROVED Resolution 09-551 f. RESOLUTION Setting the Tax Rate for the LIFT Area FEDRAe 7-28-09 APPROVED Resolution 09-552 g. ORCA Card purchase FEDRAe 7-28-09 APPROVED h. Authorization to Bid 2010 Fleet Maintenance Contract FEDRAe 7-28-09 APPROVED i. RESOLUTION Grant Approvals Solid Waste & Recycling 2010-11 FEDRAC 7-28-09 APPROVED Resolution 09-553 j. Traffic Counter Replacement FEDRAe 7-28-09 APPROVED k. Bid Award: 20th Place SW Emergency Slide Repair LUTe 7-20-09 APPROVED City Council Minutes - August 4, Regular Meeting Page 2 of5 I. Grant Approvals for Transportation Improvement Projects LUTe 7-20-09 APPROVED m. Authorization to Bid and Design Street Lighting on 20th Way South - S. 324th Streetto S. 330th Street LUTC 7-20-09 APPROVED MOTION: Deputy Mayor Faison moved approval of the Consent Agenda. Council member Ferrell second. VOTE: Motion carried 7-0. 6. PUBLIC HEARING a. Establishment of a Local Revitalization Area (LRA) Mayor Dovey opened the public hearing at 7:43 p.m. Economic Development Director Patrick Doherty stated the Local Area Revitalization Financing Act was created to assist local governments in development or redevelopment of certain areas deemed a Local Revitalization Area (LRA). A portion of local sales and property taxes from the LRA are matched by the State to assist jurisdictions with providing infrastructure to private developments. Staff is proposing the establishment of a LRA at the SW Corner of South 336th Street and Pacific Highway South. There is a proposed mixed use project know as Federal Way Village at that site. If the LRA is established by Council, staff will submit an application for Local Area Financing for the Federal Way Village project. Public Comment: John Potter of Federal Way Village LLC stated funding under this program would be very helpful to develop their proposed project. Councilmember Duclos recused herself from this issue. The Council asked clarifying questions of Mr. Doherty. MOTION: Deputy Mayor Faison moved to close the public hearing to accept public comment regarding the proposed creation of the Local Revitalization Financing Area. Councilmember Park second. VOTE: Motion carried 6-0, Councilmember Duclos recused. City Clerk Carol McNeilly read the ordinance title into the record. MOTION: Deputy Mayor Faison moved to approve the ordinance and direct staff to submit the application. Councilmember Park second. VOTE: Motion carried 6-0, Councilmember Duclos recused. Ordinance No. 09- 661. 7. COUNCIL BUSINESS a. Suspend Council Rules and Cancel AUQust 18. 2009 ReQular Council MeetinQ MOTION: Mayor Dovey moved to suspend the Council Rules and cancel the August 18, 2009 City Council meeting. Councilmember Kochmar second. VOTE: Motion carried 7-0. City Council Minutes ~ August 4, Regular Meeting Page 3 of5 b. Approve Contract for Search Firm for City ManaQer Recruitment City Attorney Pat Richardson stated on July 28, 2009 the Council interviewed four search firms fro the recruitment of a City Manager. The Council selected the Prothman Group and directed staff to draft an agreement for Council approval. MOTION: Councilmember Park moved approval ofthe contract with Prothman and authorized the Interim City Manager to execute the contract. Councilmember Duclos second. VOTE: Motion carried 7-0. c. Municipal Court Options Councilmember Ferrell recused himself from this issue. Financial Services Administrator Bryant Enge stated the City Council conducted Special Meetings on June 16 and June 30, 2009 to review options for municipal court services. Mr. Enge presented a comparison between the City's Municipal Court and King County District Court that focused on levels of service, costs, differences in options as well as advantages and disadvantages for each option. The Council asked clarifying questions of Mr. Enge. MOTION: Councilmember Park moved approval of option 2, to continue the Federal Way Municipal Court to provide services. Councilmember Kochmar second. VOTE: Motion carried 5-1 Mayor Dovey dissenting, Council member Ferrell recused. 8. INTRODUCTION AND FIRST READING OF ORDINANCES a. CreatinQ North Lake ManaQement District NO.2. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING LAKE MANAGEMENT DISTRICT NUMBER 2 FOR NORTH LAKE AND SETTING A PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE DISTRICT. City Clerk Carol McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the Ordinance to second reading and approval at the September 1,2009 City Council meeting. Councilmember Duclos second. VOTE: Motion carried 7-0. 9. COUNCIL REPORTS Councilmember Ferrell had no report. Councilmember Duclos reported the Multi-Service Center is ready to start expansion of their current facility. Councilmember Burbidge reported the next PRHSPS meeting is August 11, 2009. City Council Minutes - August 4, Regular Meeting Page 4 015 King County Councilmemb~r's have proposed reductions in transit services. Tomorrow is the Fusion Event, a fund raiser for transitional housing. The event will be held at the Dumas Bay Center. Councilmember Kochmar thanked participants of the National Night Out Against Crime Event. The City is participating is a school supply fundraiser for underprivileged students; items can be dropped off at City Hall. Orion Industries is having an open house tomorrow to highlight their new customer service training facility. Councilmember Park reported the Prothman search firm would begin developing a profile for the City Manger recruitment. The next .FEDRAC meeting is August 25, 2009. He will be attending an upcoming Regional Law, Safety & Justice committee meeting in Seattle. Deputy Mayor Faison thanked the Police for quickly apprehending suspects in a recent homicide. He asked staff to investigate the option of having an on-line message board for citizens and staff to communicate. In response to Betty Taylor's public comments, he encouraged citizens to attend Council Committee Meetings. He noted the Council would conduct a Public Hearing on Initiative 1033 at the September 1, 2009 Council meeting. Mayor Dovey reported he and Councilmember Ferrell would be attending Emergency Management Training on the East Coast later this month. Volunteers from Wal-Martworked with city staff to cleanup Steel Lake Park. There is a groundbreaking event for the SCORE Facility next week. September will begin the Mayors Month of Concern for the Hungry food drive event. 10. CITY MANAGER REPORT Interim City Manger Wilson thanked Community Center staff for their hard work during the recent hot weather. There were over 500 visitors to the center last Wednesday. He noted the latest edition of the Connections Video would debut tomorrow on Federal Way TV. 11. EXECUTIVE SESSION Potonti31 Litig3tion PurSu3nt to RCW 12.30.110(1 )(i), Executive Session Canceled; the Council did not conduct an Executive Session. 12. ADJOURNMENT With no further business before the Council, Mayor Dovey adjourned the meeting at 9:12 p.m. ATTEST: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes - August 4, Regular Meeting Page 5 of5 A Federal Way FEDERAL WAY CITY COUNCIL SPECIAL MEETING MINTUES Council Chambers - City Hall Saturday, August 8,2009 - 5:00 pm www.citvoffederalwav.com Q\t~~"\ 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 5:00 p.m. Councilmember's present: Mayor Jack Dovey, Councjlmembers Linda Kochmar, Jim Ferrell, Mike Park and Jeanne Burbidge Mayor Dovey excused Deputy Mayor Eric Faison and Councilmember Dini Duclos. Staff present: Acting City Manager Mary McDougal, Assistant City Attorney Peter Beckwith and City Clerk Carol McNeilly. 2. COUNCIL BUSINESS a. Resolution: Adding Change of Government to the November 3, 2009 General Election Ballot Assistant City Attorney Peter Beckwith stated on July 30,2009 the City received a petition to change the form of government from Manager/Council to Mayor/Council. The King County Elections Office certified the petition and issued a certificate sufficiency on August 6, 2009. The deadline to submit a resolution to King County Elections to add this item to the November 3, 2009 general election is Tuesday, August 11, 2009. MOTION: Councilmember Ferrell moved to approve the proposed resolution establishing the ballot title regarding the change of government and directing the City Clerk to submit it to King County for the municipal general election on November 3, 2009. Councilmember Park second. VOTE: Motion carried 5-0. Resolution 09-554 . b. Resolution: Appointing Pro Committee Members for the Local Voters Pamphlet for the November 3, 2009 General Election MOTION: Councilmember Ferrell moved to appoint Roy Parke, Clara McCarthur and Diana Howell to the Pro Committee. Mayor Dovey second. VOTE: Motion carried 5-0. Resolution 09-555 City Council Minutes - August 8, 2009 Special Meeting Page 1 of2 c. Resolution: Appointing Con Committee Members for the Local Voters Pamphlet for the November 3, 2009 General Election MOTION: Mayor Dovey moved to appoint Jerry Vaughn, Mary Ehlis, and Bob Kellog to the Con Committee. Councilmember Burbidge second. VOTE: Motion carried 5-0. Resolution 09-556 3. ADJOURNMENT With no further business before the Council, Mayor Dovey adjourned the meeting at 5:08 p.m. Attest: Carol McNeilly, CMC City Clerk Approved by Council: City Council Minutes - August 8, 2009 Special Meeting Page 2 of2 A Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING HYLEBOS ROOM - City Hall AUGUST 25, 2009 7:00 PM (OR IMMEDIA TEL Y FOLLOWING THE FEDRAC MEETING) www.cityoffederalway.com ORp..f1 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:00 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jim Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge and Dini Duclos. Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. COUNCIL BUSINESS Discussion of United Properties' Proposal to Extend the Purchase and Sale Agreement on Former AMC Theaters Site and Future Use of the Former AMC Theaters Site. Economic Development Director Patrick Doherty distributed an email from Victor Setton of United Properties who was not in attendance. The Council discussed United Properties proposal to extend the existing purchase and sale agreement relating to the development of the former AMC Theaters Site. 3. EXECUTIVE SESSION The Council adjourned to executive session at 7:20 pm to discuss Potential Litigation Pursuant to RCW 42.30.110(1 )(i). The Council adjourned from executive session at 7:55 pm. MOTION: Mayor Dovey moved to direct staff to send a letter to United Properties stating the city is not going to extend the contract, however, they are open to discussion after September 12, 2009. The Council also wants to convey that they have not made a decision regarding the development of the Performing Arts Center, and extend their thanks to United Properties for the work that has been completed to the site. Councilmember Ferrell second. VOTE: Motion carried 7-0. City Council Minutes - August 25, 2009 Special Meeting Page 1 of2 4. ADJOURNMENT With no further business before the Council, Mayor Dovey adjourned the meeting at 7:59 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes - August 25, 2009 Special Meeting Page 2 of2 COUNCIL MEETING DATE: September 1,2009 .................. ................................... .......................................................................................................................... ....................................................... ..................................... m.___~!:'!:.~~~gili CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VOUCHERS POLICY QUESTION: Should the City approve the vouchers in the total amount of$3,231, 881.23 COMMITTEE: Finance, Economic Development, and Regional Affairs Committee MEETING DATE: August 25,2009 CATEGORY: ~ Consent D Ordinance D City Council Business D Resolution ~!A~~~~2~!~.Y:Thg~~~~~Ii!!~!l:~~!?i.~~~!9.E~_ D Public Hearing D Other DEPT: Finance I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washington, and that I am authorized to authenticate and certify said liens. ~ Finance Director Attachments: Voucher List Options Considered: NA STAFF RECOMMENDATION: NA CITY MANAGER ApPROVAL: L3,w \l~ ~Jj'1f;ui1~ tJil'"1 ~1;fSI ~RECTOR ApPROVAL: Committee Council ~ 'i{L Committee Council COMMITTEE RECOMMENDATION: "] move approval of the vouchers and forward to the September 1, 2009 Council Meeting for approval. " c;:JJ Committee Member PROPOSED COUNCIL MOTION: "I move approval of the vouchers pursuant to RCW 42.24." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # r City of Federal Way - Accounts Payable Check List Bank of America Page 1 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 72209 7/22/2009 011291 JURYIW1TNESS FUND, 470.40 7/21/2009 1-543624500 MC-REPLENISH JURY FUND 470.40 212454 7/21/2009 011594 PIERCE COUNTY SUPERIOR COURT, 230.00 7/20/2009 eASE 09-2-10043-3 LAW-CITY OF TACOMA SUIT-FiliNG 230.00 212455 7/21/2009 004676 CENTERSTAGE THEATRE ARTS, 5.429.33 7/8/2009 JULY 8, 2009 PARKS-AG09-148 7/09 KFT MANAGE -404.00 7/8/2009 JULY 8, 2009 PARKS-AG09-148 7/09 KFT MANAGE 5,833.33 212456 7/2212009 010291 THE COMMONS AT FEDERAL WAY, 150.00 7/22/2009 JULY 22, 2009 PO-VOLUNTEER RECOGNITION GIFT 150.00 212457 7/24/2009 003153 CITY OF MIL TON, 637.00 7/23/2009 LONG-2009 APPEAL FEE FOR SEPA - PER SARA 637.00 212458 7/31/2009 009571 AA PARTY RENTALS, 4,369.60 7/3/2009 25044 FWCC-4TH JULY PARTY RENTALS 4,369.60 212459 7/31/2009 001360 AABCO BARRICADE COMPANY INC, 342.24 7/7/2009 82931 PRCS-RW&B BARRICADES 342.24 212460 7/31/2009 000083 AARO INC DBA THE LOCK SHOP, 8.54 7/17/2009 64285 MSFL T-DUPLleATE KEYS 8.54 212461 7/31/2009 011597 ABAB,SHAYDA 800.00 7/6/2009 JULY 6, 2009 PKKFT-CHOREOGRAPHER "JOSEPH" 800.00 212462 7/31/2009 000332 ABC LEGAL MESSENGERS INC, 247.50 6/30/2009 20118401 LAW; BULK DEL TO BRIGGS; LISE 6.00 6/30/2009 MMF0127230 LAW; MNTL Y SRV CHRG. - JULY 25.00 6/30/2009 20116246 LAW; SPECIAL DELV; TO RJC; JUD 37.50 6/30/2009 MMF0125509 LAW; MNTHL Y SRV CHRG; JUNE; IN 65.50 6/30/2009 20121371 LAW; BULK DELIVERY TO BUCKLIN; 5.00 6/30/2009 20104728 LAW; BULK DELV; GARNER 4.00 6/30/2009 20114952 LAW; BULK DEL V; TO ATTY. ROY; 14.00 6/30/2009 MMF0127230 LAW; MNTL Y SRV CHRG. - JULY 25.00 6/30/2009 MMF0125509 LAW; MNTHL Y SRV CHRG; JUNE; IN 65.50 212463 7/31/2009 004895 ABOU-ZAKI, KAMAL 148.40 7/17/2009 7/17/09 MC-INTERPRETER SVCS 148.40 212464 7/31/2009 004234 ABT TOWING OF FEDERAL WAY INC, 193.82 7/2/2009 29858 pd-VEHICLE TOWING SERVICES 193.82 212465 7/31/2009 000109 ACTIVE SECURITY CONTROL (DBA), 777.61 7/17/2009 14297 FWCC-KEYS 3.16 7/13/2009 14293 PKM-GRND MNT PADLOCK SERVICES 376.47 7/13/2009 14294 PADLOCK PARKS GRND MNT SERVICE 376.47 7/1/2009 14291 CHB-LOCKSMITH SERVICES 6.33 7/2/2009 14292 PWSWMLOCKSMITH SERVICES 15.18 212466 7/31/2009 007318 ADVANCED SAFETY & FIRE sves, 80.44 7/6/2009 115427 PD-FIREEXTINGUISHER MAl NT. 80.44 212467 7/31/2009 009510 AFleHUK, PAVEL & VERA 979.00 7/20/2009 02-64698 REFUND PW-02-64698 ROW BOND REFUND -29.00 7/20/2009 02-64698 REFUND PW-02-64698 ROW BOND REFUND 1,008.00 212468 7/31/2009 000568 AGRI SHOP INC, 87.53 7/14/2009 4764/1 PW-SWM EQUIPMENT PARTS & REPAI 87.53 212469 7/31/2009 001012 AL'S TOWING, 193.82 7/6/2009 71225 PD-TOWlNG SVC #09-8696 193.82 212470 7/31/2009 000475 ALARM CENTERS/CUSTOM SECURITY, 75.00 7/21/2009 655160 PARKS-CITY HALL ALARM MONITOR I 75.00 212471 7/31/2009 009764 ALL ACCESS PRINTING & MAILING, 137.29 7/13/2009 16918 MSHR-BUSINESS CARDS 137.29 212472 7/3112009 001285 ALPINE PRODUCTS INC, 5,280.09 6/3012009 TM-101002 PWST-GRINDER RENTAL FEE 1,368.75 7/1612009 TM-101515 PWST-ASPHAL T CRACK SEALER 1,813.32 7/112009 TM-101048 PWST-ASPHAL T REPAIR/SEALER 1,933.77 6/3012009 TM-101002 PWST-GRINDER RENTAL FEE 164.25 212473 7/3112009 005287 AMERICALL COMMUNICATIONS &, 164.71 7/2112009 D6417 -0709 PARKS-MNT OFF. ANSWERING SVC T 164.71 212474 7/31/2009 003645 AMERICAN JANITORIAL SVCS INC, 12,855.50 Bank of America Page 2 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/8/2009 5737 PARKS-AG04-009:(5/09)pKM JNTRL 400.00 7/9/2009 5740 PARKS-AG04-009:6/09 PKM JNTRL 400.00 7/9/2009 5739 PARKS-AG04-009:6/09 KFT JNTRL 780.00 7/8/2009 5736 PARKS-AG04-009:4/09 KFT JNTRL 840.00 7/9/2009 5738 PARKS-AG04-009:(6/09)DBC- 4,886.68 7/8/2009 5735 PARKS-AG04-009:(5/09)DBC- 5,548.82 212475 7/31/2009 001522 AMERICAN RED CROSS. 645.00 6/24/2009 10024027 FWCC-FIRST AID/CPR COURSE FEE 12.00 7/9/2009 10024148 FWCC - POOL -FIRST AID/CPR TRA 633.00 212476 7/31/2009 011148 AMERICAN TRAFFIC SOLUTIONS INC, 19,982.00 6/30/2009 INVOOO02052 MC-6/09 RED LIGHT PHOTO 19,982.00 212477 7/31/2009 001378 APPLIED INDUSTRIAL, 239.58 5/29/2009 42412702 FWCC-BOOTS, GLOVES, eLOTHING 27.40 5/29/2009 42412702 FWCC-BOOTS, GLOVES, CLOTHING 53.88 6/8/2009 42412846 FWCC-REPAIR KIT 133.04 5/29/2009 42412702 FWCe-BOOTS, GLOVES, CLOTHING 25.26 212478 7/31/2009 010530 ARAMARK UNIFORM SERVICES, 156.70 7/13/2009 655-4380281 FWCC-UNIFORM/L1NEN SUPPLIES 78.35 6/29/2009 655-4355793 FWCC-UNIFORM/L1NEN SUPPLIES 78.35 212479 7/31/2009 003649 ARBUTHNOT, STEVEN 1,008.00 7/23/2009 ARBUTHNOT-2009 PD-TUITION POLICE BUSINESS 1,008.00 212480 7/31/2009 007158 ARCHIVES NORTHWEST LLC, 355.22 6/30/2009 0004160 PD-6/09 STORAGE FEE 355.22 212481 7/31/2009 001233 AT&T BUSINESS SERVICE, 81.70 7/6/2009 0305983151 001 IT-LONG DISTANCE SVC 37.58 7/6/2009 0305983151 001 IT-LONG DISTANCE SVC 40.85 7/6/2009 0305983151 001 IT-LONG DISTANCE SVC 3.27 212482 7/31/2009 005587 AVAYA INC, 1,700.66 7/4/2009 0101621421 IT- 6/09 PBX MAl NT 765.30 7/4/2009 0101621421 IT- 6/09 PBX MAINT 85.03 7/4/2009 0101621421 IT- 6/09 PBX MAINT 850.33 212483 7/31/2009 011609 BAAS,L1SA 135.00 7/21/2009 649430 PRCS-CLASS FEE REFUND 135.00 212484 7/31/2009 011607 BALDE, ABDOULAYE 127.50 7/17/2009 07/17/09 MC-INTERPRETER SVCS 107.50 7/17/2009 07/17/09 MC-INTERPRETER SVCS 20.00 212485 7/31/2009 001790 BARGREEN ELLINGSON INC, 323.68 7/6/2009 5803087 PWSWR-RECYCLlNG CONTAINERS 323.68 212486 7/31/2009 000792 BARRY'S TRUCKING & LANDSCAPING, 3,257.62 7/20/2009 42853 PARKS-7/20/09 CITY HALL EXCAVA 1,637.02 7/9/2009 42852 PARKS 7/9/09 BPA TRAIL DEBRIS 1,620.60 212487 7/31/2009 010185 BIRD, FERESIKA S 206.60 7/14/2009 7/14/09 MC-INTERPRETER SVC 103.30 7/16/2009 7/16/09 MC-INTERPRETER SVC 103.30 212488 7/31/2009 011600 BIXLER, SARAH 1,200.00 6/16/2009 JULY 6, 2009 PKKFT-DIRECTOR "ROBIN HOOD" 1,200.00 212489 7/31/2009 001630 BLUMENTHAL UNIFORM CO INC, 304.51 7/10/2009 755490 POTTS, RON- BOOTS 120.44 7/10/2009 756919 L T* BARS 26.06 7/9/2009 753291 NEAL, STEVE-PANTS 118.21 7/7/2009 756328 WONG- EMBLEMS 39.80 212490 7/31/2009 004919 BRATWEAR, 469.99 6/29/2009 314907 PO-UNIFORM - MORRELL 469.99 212491 7/31/2009 004866 BRIM TRACTOR COMPANY INC, 2,072.89 6/8/2009 WE02325 MSFL T-FRONT SEAL, HEADLAMPS, R 2,072.89 212492 7/31/2009 003093 CASCADE COMPUTER MAINTENANCE, 1,027.11 7/9/2009 9147277 IT-PRINTER MAINTENANCE 485.85 6/26/2009 9147112 IT-PRINTER MAINTENANCE -23.65 7/9/2009 9147277 IT-PRINTER MAINTENANCE 53.98 6/26/2009 9147112 IT-PRINTER MAINTENANCE -2.63 7/9/2009 9147277 IT-PRINTER MAINTENANCE 539.84 6/26/2009 9147112 IT-PRINTER MAINTENANCE -26.28 Bank of America Page 3 of 36 Check No. Date Vendor Inv Date Invoice Descri ption Amount Check Total 212493 7/31/2009 011524 CASCADE PRINT MEDIA INC, 3.654.10 6/19/2009 09-25932 FWCC-2009 SUMMER POSTCARDS 3,654.10 212494 7/31/2009 011328 CEeeANTIINe, 539,588.02 7/15/2009 AG09-122 #1 SWM-AG09-122 EASTER LK FLOOD e 100,457.68 7/15/2009 AG09-122 #1 SWM-AG09-122 EASTER LK FLOOD C -5,022.88 7/1/2009 AG09-035 #4 PWST-AG09-035 S 356TH INTERSEC -23,373.49 7/1/2009 AG09-035 #4 PWST-AG09-035 S 356TH INTERSEC 467,526.71 212495 7/31/2009 010954 CEDAR GROVE ORGANICS RECYCLING, 20.65 6/30/2009 0000011255 SWR-96 GALLON ORGANIC WASTE S 20.65 212496 7/31/2009 004359 CENTURY SQUARE SELF-STORAGE, 1,293.50 7/21/2009 6699 FWCC 4TH JULY STORAGE RENTAL F 646.75 7/21/2009 6699 FWCC- 4TH JUL YSTORAGE RENTAL F 646.75 212497 7/31/2009 011480 CHESAPEAKE REALTY ADVISORS LLC, 3,150.38 6/23/2009 JUNE 23,2009 CM-ECON DEV.REAL ESTATE CONSUL 3,150.38 212498 7/31/2009 005238 CHI, MIKE 145.00 7/23/2009 eH 1-2009 PD-TRAVEUMEAL REIMBURSEMENT W 145.00 212499 7/31/2009 009643 CIPALLA eOMMUNICATIONS INe, 9,920.55 6/30/2009 FW-08-0006-D FWCC-DESIGN/PRINTING 9,920.55 212500 7/31/2009 011595 CITY OF BUCKLEY, 57.00 6/30/2009 JUNE 2009 PD-6/09 PRISONER LODGING 57.00 212501 7/31/2009 004838 CITY OF ENUMCLAW, 880.00 7/7/2009 02673 PD-6/09 PRISONER LODGING 880.00 212502 7/31/2009 000951 CITY OF FEDERAL WAY, 5,022.88 7/30/2009 AG09-122 #1 SWM-AG09-122 EASTER LK FLOOD C 5,022.88 212503 7/31/2009 010173 CLARY, BRIG IT 500.00 7/8/2009 CLARY 2009 PD-CLOTHING ALLOW. B CLARY 500.00 212504 7/31/2009 003752 COASTWlDE SUPPLY DBA, 5,286.65 6/30/2009 T2078483 RWB'S GARBAGE BAGS -JANITORIAL 164.16 7/13/2009 T2079728 PKM-JANITORIAL SUPPLIES 386.58 7/10/2009 T2081739 PARKS-GRND MNT JANITORIAL SUPP 35.83 7/20/2009 T2084891 PARKS-JANITORIAL SUPPLIES 124.17 7/7/2009 T2076509 CHB-JANITORIAL SUPPLIES 336.19 6/9/2009 W2070676 FWCC-JANITORIAL SUPPLIES 2,109.09 6/11/2009 W2071508 FWCC-JANITORIAL SUPPLIES 58.56 7/13/2009 W2081857-1 FWCC-JANITORIAL SUPPLIES 58.28 6/29/2009 W2035575-1 FWCC-JANITORIAL SUPPLIES 44.90 7/6/2009 W2079558 FWCC-JANITORIAL SUPPLIES 651.30 7/10/2009 W2081857 FWCC-JANITORIAL SUPPLIES 578.39 7/1/2009 W2078620 FWCC-JANITORIAL SUPPLIES 73920 212505 7/31/2009 003752 COASTWlDE SUPPLY DBA, 496.25 5/21/2009 W2064428 FWCC-JANITORIAL SUPPLIES 496.25 212506 7/31/2009 001969 CODE PUBLISHING COMPANY INC, 206.41 7/9/2009 33392 MSC-CODIFICATION SERVICES 206.41 212507 7/31/2009 011329 COLUMBIA BANK, 23,373.49 7/1/2009 AG09-035 #4 PWST-AG09-035 S 356TH INTERSEC -23,373.49 7/1/2009 AG09-035 #4 PWST-AG09-035 S 356TH INTERSEC 23,373.49 7/1/2009 AG09-035 #4 PWST-AG09-035 S 356TH INTERSEC 23,373.49 212508 7/31/2009 001127 COMMUNITY HEALTH CENTERS, 3,975.00 7/20/2009 1ST QTR 2009 CDHS-AG09-092 PRiMARY DENTAL P 3,975.00 212509 7/31/2009 008445 COPIERS NORTHWEST INC, 764.26 7/14/2009 50542 IT-PRINTERITONER SUPPLIES 343.92 7/14/2009 50542 IT-PRINTERITONER SUPPLIES 343.91 7/14/2009 50542 IT-PRINTERITONER SUPPLIES 76.43 212510 7/31/2009 000721 CORLISS RESOURCES INC, 956.96 7/15/2009 217186 PARKS-CITY HALL CONCRETE SUPPL 340.76 7/13/2009 216916 PW-SWM CONeRETE SUPPLIES 38.60 6/29/2009 215689 SWM-PICK UP 26TH PLACE S 107.36 7/8/2009 216577 SWM-QUARRY SPALLS P/UP 152.35 7/9/2009 216641 PW-SWM CONCRETE SUPPLIES 18.62 7/1/2009 215926 SWM-CONCRETE SUPPLIES 299.27 212511 7/31/2009 009696 CRESTWOOD ANIMAL HOSPITAL, 227.39 6/27/2009 7974 PD-K9 MEDICAL CARE 80.85 Bank of America Page 4 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/16/2009 8287 PD-K9 MEDICAL CARE 146.54 212512 7/31/2009 009240 CROUCH, KELLY 790.68 6/26/2009 CROUCH 2009 PD-TUITION REIMB CROUCH 148.00 6/26/2009 CROUCH 2009 A PD-TUITION REIMB CROUCH 36.00 6/26/2009 CROUCH 2009 A MSHR-TUITION REIMB BROUCH 303.34 6/26/2009 CROUCH 2009 MSHR-TUITION REIMB CROUCH 303.34 212513 7/31/2009 007552 D J IMPRINTS, 1,336.86 2/11/2009 226209 PReS-BASKETBALUSOCCER T-SHIRT 548.46 7/1/2009 227319 FWee-TROPHYS FOR 4TH JULY HOT 164.25 7/16/2009 227378 PReS-BASEBALL TROPHIES 624.15 212514 7/31/2009 000854 D J TROPHY, 1,461.13 7/9/2009 227350 T-SHIRT IMPRINTS- BIGGEST LOSE 121.82 7/23/2009 227419 T-SHIRT IMPRINTS DODGEBALUBAS 787.31 7/7/2009 227289 FWCC-T-SHIRT IMPRINTS 552.00 212515 7/31/2009 000168 DAILY JOURNAL OF eOMMERCE INC, 846.00 7/4/2009 3220355 PWST-RFB 20TH PL REPAIRS AD 680.40 7/15/2009 3220860 HR-ADVERTISING NEW CM SEARCH N 165.60 212516 7/31/2009 011297 DASH MEDICAL GLOVES, 454.30 7/6/2009 INV429513 PD-EXAM GLOVES 454.30 212517 7/31/2009 003472 DAY WIRELESS SYSTEMS INC, 27,648.75 6/26/2009 70578 PD-ALPR CAMERA SYSTEM INSTALL- 27,648.75 212518 7/31/2009 011618 DELAPENA, NORIL YN 5.00 7/22/2009 DELAPENA, NORIL YN FWeC-REFUND- CUSTOMER CHARGES 5.00 212519 7/31/2009 005922 DEX MEDIA WEST, 313.00 7/6/2009 103090420 PKDBC-7/09 DIRECTORY ADS- 313.00 212520 7/31/2009 005341 DODD, ESCOLASTICA ROSA 477.43 7/17/2009 7/17/09 MC-INTERPRETER SVC 155.81 7/21/2009 7/21/09 MC-INTERPRETER SVC 173.31 7/14/2009 7/14/09 MC-INTERPRETER SVC 148.31 212521 7/31/2009 007277 DOOLEY ENTERPRISES INC, 3,670.00 7/6/2009 43971 PD-SPECIAL PRACTICE AMMO 980.00 6/25/2009 43937 PD-DUTY AMMUNITION 2,690.00 212522 7/31/2009 000939 DS WATERS OF AMERICA, LP, 350.76 7/1/2009 070929241345236069 FWCC-WATERlCOOLER RENTAL 56.97 7/1/2009 070929241345236069 FWeC-WATER/COOLER RENTAL 56.97 7/1/2009 070929241245236050 PKDBC WATER/RNT #292412452360 50.57 7/1/2009 070929241125236027 PKKFT-wrR/CL RNTL ACCT#2924112 21.30 7/1/2009 070929241345236069 FWCC-WATER/COOLER RENTAL 151.81 7/1/2009 070929241185236041 PKCP-wrR/CLR RNTL ACCT#2724118 13.14 212523 7/31/2009 011619 DUHAMEL, TERESA 32.00 7/23/2009 DUHAMEL, TERESA FWCC-REFUND PER DAVID SCHMIDT 32.00 212524 7/31/2009 011601 DYCUS, TOBY 1,400.00 6/16/2009 JULY 6, 2009 PKKFT-TECH DIRECT "ROBIN HOOD" 1,400.00 212525 7/31/2009 000570 EAGLE TIRE & AUTOMOTIVE (DBA), 1,326.95 7/21/2009 1069333 PD-TIRESFLEET REPAIRS/MAINTENA 72.28 7/20/2009 1069308 PO-TIRE REPAIRFLEET REPAIRS/MA 16.76 7/21/2009 1069333 PD-BATTERYFLEET REPAIRS/MAINTE 130.03 7/21/2009 1069333 PO-HEATING/COOLING FLEET 762.44 7/21/2009 1069333 PD-BRAKE SERVICEFLEET 211.41 7/17/2009 1069258 PD-ELECTRICAL WORK FLEET 134.03 212526 7/31/2009 006177 EARL, SHARYN LYNN 2,295.00 7/13/2009 09006 09 FALL PARKS BROCHURE 1,950.00 7/13/2009 09007 09 K-9 KARNIVAL FLYER 345.00 212527 7/31/2009 008141 EAST JORDAN IRON WORKS INC, 394.20 6/5/2009 3147109 PWSWM-OVERLAY FRAME RISERS 394.20 212528 7/31/2009 007540 ELECTROTECHNICS CORPORATION, 2,365.20 7/13/2009 0053578-IN PwrR-SKYTEL PAGER SERVICE 2,365.20 212529 7/31/2009 007283 EMERALD AIRE INC, 116.07 7/16/2009 14758 PARKS-HVAe MAINTENANeE & REPAI 116.07 212530 7/31/2009 011623 EMERICK, APRIL 110.00 7/23/2009 EMERICK, APRIL FWCC- REFUND CUSTOMER CREDITED 110.00 212531 7/31/2009 011335 EPICENTER SERVICES LLe, 1,446.65 Bank of America Page 5 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 6/30/2009 2009-11 SWR-AG09-036 SWR COLLECTION RE 1,446.65 212532 7/31/2009 000328 ERNIE'S FUEL STOPS (DBA), 20,481.02 7/15/2009 0312790A PD-SIU FUEL CHARGES 6/30-7/15/ 809.19 7/15/2009 0312790 SIU VEHICLE FUEL 6/30-7/15/09 890.78 7/15/2009 0312789 MS-FL T FUEL CHARGES 6/30-7/15/ 4,291.89 6/30/2009 0311873 MS-FL T FUEL eHARGES 6/15-6/30/ 5,376.08 7/15/2009 0312790 PO-FUEL CHARGES 6/30-7/15/09 9,113.08 212533 7/31/2009 001748 EVERSON'S ECONO-VAC INC, 10,811.57 6/23/2009 063442 SWM-AG08-061 MAINT/SERVICE- 7,649.12 7/8/2009 063532 SWM-AG08-061 MAINT/SERVICE- 717.78 6/12/2009 063369 SWM-AG08-061 MAl NT/SERVICE- 2,444.67 212534 7/31/2009 010130 EVISTON, SUZANNE 150.00 7/23/2009 AUGUST 10,2009 PO-SCHWAN SEMINAR FEE FOR CANI 150.00 212535 7/31/2009 011498 EXTRACTOR CORPORATION, 30.00 7/14/2009 09-1049 FWCC-POOL SUPPLIES/PARTS 30.00 212536 7/31/2009 010337 FARMER, LINDA 240.88 7/14/2009 FARMER-2009 CM - MICROWAVE FOR CM'S OFFICE 76.64 7/14/2009 FARMER-2009 CM - COMPACT REFRIGERATOR FOR 164.24 212537 7/31/2009 005820 FASTSIGNS, 60.61 6/30/2009 370-14414 FWCC-BANNER/SIGNS 4TH JULY 60.61 212538 7/31/2009 000217 FEDERAL EXPRESS CORPORATION, 24.06 7/17/2009 9-265-60927 MS-FEDEX PASSPORT DOCS 16.04 7/28/2009 9-273-64557 MS-FED EX PASSPORT DOCS-7/20/0 8.02 212539 7/31/2009 000229 FEDERAL WAY CHAMBER COMMERCE, 240.00 7/2/2009 8645 eM - JULY CHAMBER LUNCHEON FOR 20.00 7/2/2009 8642 CM - JUNE CHAMBER LUNCHEON FOR 40.00 7/2/2009 8642 CC - JUNE eHAMBER LUNeHEON FOR 80.00 7/2/2009 8645 CC - JULY CHAMBER LUNCHEON FOR 80.00 7/2/2009 8642 PW - JUNE CHAMBER LUNCHEON FOR 20.00 212540 7/31/2009 004302 FEDERAL WAY NEWS, 29.00 7/10/2009 FW NEWS-LAW LAW; 1 YEAR SUBSCRIPTION 14.50 7/10/2009 FW NEWS-LAW LAW; 1 YEAR SUBSCRIPTION 14.50 212541 7/31/2009 002955 FERRELLS FIRE EXTINGUISHER CO, 73.37 7/2/2009 13334 PKM-RE-CHARGE FIRE 73.37 212542 7/31/2009 005213 FIFE PRINTING, 1,394.04 7/9/2009 19175 MC-NO CONTACT ORDER FORMS 1,394.04 212543 7/31/2009 010305 FIRST STUDENT, 1,338.00 7/21/2009 10260466 PRCS-JUL Y 15 SUMMER CAMP FIELD 548.00 7/21/2009 10260466 PRCS-JUL Y 8 SUMMER CAMP FIELD 790.00 212544 7/31/2009 006610 FISHER COMMUNICATIONS, 290.00 7/12/2009 IN-1090736283 CM/ED - ADVERTISING - BUSINESS 290.00 212545 7/31/2009 008860 FOOD SERVICES OF AMERICA, 2,465.61 7/9/2009 1420735 DBC-CATERING SUPPLIES 1,238.47 7/16/2009 1438891 DBC-CATERING SUPPLIES 1,227.14 212546 7/31/2009 011354 FORBES, HEATHER 150.00 6/16/2009 JULY 20,2009 PKKFT-AeCOMPANIST "WHAT D'YA" 150.00 212547 7/31/2009 011575 FRALEY ENTERISES INC, 302.18 7/9/2009 82071 CMIINFO - PRINTING OF FEDERAL 302.18 212548 7/31/2009 002870 FREEWAY TRAILER SALES INC, 550.70 7/8/2009 081978 MSFL T-PINTLE MOUNT 89.51 7/17/2009 082353 MSFL T- PARTS FLEET REPAIRS/SUP 230.59 7/17/2009 082353 MSFL T - PARTS FLEET REPAIRS/SU 230.60 212549 7/31/2009 011604 FULLER SEMINARY, 150.00 7/21/2009 30066 DBC-DAMAGE DEPOSIT REFUND 150.00 212550 7/31/2009 011621 FUSMAN, KEIRA 400.00 7/23/2009 VERLEEROSE FWCC-L1VE MUSIC FOR SUMMER SOU 400.00 212551 7/31/2009 010735 GARDENING IN AMERICA, 300.00 5/19/2009 MAY 9, 2009 CM/ED - CELEBRITY APPEARANeE & 300.00 212552 7/31/2009 004824 GOS PRINTING CORPORATION, 1,462.18 7/7/2009 72880 PO-VEHICLE REPORT FORMS 974.50 7/14/2009 72983 PO-RADAR CLASS MANUALS 309.82 7/7/2009 72954 PO-REPORT ROUTING LABELS 177.86 Bank of America Page 6 of 36 Check No. Date Vendor Inv Date Invoice Description Amount eheck Total 212553 7/31/2009 002547 GRAINGER INC, 102.19 6/9/2009 9010544873 FWCC-ADAPTER 23.47 6/30/2009 9025561243 FWCC-POOL FACILITY MAINT SUPPL 1.57 6/26/2009 9023106082 FWCC- POOL FACILITY MAl NT SUPP 77.15 212554 7/31/2009 011598 GRAYBILL, JACKIE 150.00 6/16/2009 JULY 6, 2009 PKKFT-ACCOMPANIST "RAGA TAGG" 150.00 212555 7/31/2009 010738 GREEN EFFECTS, INC, 2,186.28 7/1/2009 27447 PARK-AG08-067 LANDSCAPING MAIN 2,186.28 212556 7/31/2009 010848 GREENWOOD, TRACY 250.00 6/23/2009 JUNE 23, 2009 CM-AG09-043 CONFLICT DEFENDER 250.00 212557 7/31/2009 011368 GRUNDFOS CBS, INC, 1,756.06 7/15/2009 1900043803 FWCC-POOL SUPPLIES/PARTS-MOTOR 1,756.06 212558 7/31/2009 009894 GUITRON, RODIMIOR 269.50 7/14/2009 02-68297 REFUND PW-02-68297 ROW BOND RELEASE -30.50 7/14/2009 02-68297 REFUND PW-02-68297 ROW BOND RELEASE 300.00 212559 7/31/2009 000671 H 0 FOWLER COMPANY, 94.44 7/3/2009 12557253 PWST-OUTDOOR CONTROLLER 21ST A 94.44 7/3/2009 C213362 PWST-CREDIT FOR CONTROLLER RET -74.96 7/3/2009 12557151 PWST-eONTROLLER (RETURNED) SEE 74.96 212560 7/31/2009 002590 HACH COMPANY, 99.53 6/17/2009 6281788 SWM-THERMOMETER AND PH TESTER 99.53 212561 7/31/2009 001487 HEWLETT-PACKARD COMPANY, 10,144.08 7/17/2009 46254943 RR - SERVERS- 6,799.95 7/17/2009 46254943 RR - SERVERS- 3,344.13 212562 7/31/2009 010758 HYNDEN, L YNNETTE 175.74 7/23/2009 HYNDEN-2009 CD-MILEAGE REIMBURSEMENT FOR T 175.74 212563 7/31/2009 011606 ICON ENTERPRISES, 79.00 6/30/2009 70518 CM/INFO - REGISTRATION FEE FOR 79.00 212564 7/31/2009 000016 IKON OFFICE SOLUTIONS, 152.13 7/5/2009 5011831173 IT- ALL FAX MAl NT. 68.45 7/5/2009 5011831173 IT- ALL FAX MAINT. 7.61 7/5/2009 5011831173 IT-ALL FAX MAINT. 76.07 212565 7/31/2009 007109 INTERCOM LANGUAGE SVCS, 2,628.90 7/14/2009 09-306 MC-INTERPRETER SVC 720.90 7/6/2009 09-289 MC-INTERPRETER SVC 1,908.00 212566 7/31/2009 010737 INTERWEST DEVELOPMENT NW INC, 285.80 6/22/2009 58621 PKM-FINE ORANGE BARKJINV#58621 142.90 6/15/2009 58454 PKM-FINE ORANGE BARKJINV#58454 142.90 212567 7/31/2009 011588 IPMA HR WESTERN WA CHPT., 20.00 7/8/2009 MCDOUGAL 2009 DUES MSHR-IPMA 2009 DUES MCDOUGAL 20.00 212568 7/31/2009 009063 IVAN ELDORABA, RADU 136.30 7/17/2009 7/17/09 MC-INTERPRETER SVC 136.30 212569 7/31/2009 009730 JACK, DRISKELL J 110.47 7/14/2009 7/14/09 MC-INTERPRETER SVC 110.47 212570 7/31/2009 000799 JET CHEVROLET, 302.04 7/17/2009 CTCS126873 MSFL T- SEAT BELT REPLAeEMENT V 302.04 212571 7/31/2009 009717 JET CITY LABEL, 223.25 7/1/2009 36305 PD-LABELS 223.25 212572 7/31/2009 005656 JIM'S DETAIL SHOP, 43.80 7/6/2009 13232F PD-AUTO FULL DETAIL SVC 43.80 212573 7/31/2009 010838 JOHNSON, STEPHEN G 250.00 7/8/2009 JULY 8, 2009 CM-AG09-001 eONFLlCT DEFENDER 250.00 212574 7/31/2009 011593 K & D MECHANICAL INC, 131.40 6/11/2009 09235-FCC FWCC-DUCT/GASKET FOR FLANGE 131.40 212575 7/31/2009 004770 KENYON DISEND, PLLC, 151.40 6/30/2009 11647 LAW-AG 07-082 LEGAL SERVICES- 151.40 212576 7/31/2009 011610 KIM, GLORIA 23.50 7/21/2009 649429 FWCe-DEPOSIT REFUND 23.50 212577 7/31/2009 006222 KIM, RICHARD 500.00 7/9/2009 KIM 2009 PD-CLOTHING ALLOW. R. KIM 500.00 212578 7/31/2009 011625 KINDER, MICHAEL 232.66 7/30/2009 655030 FWCC-CANCEL MEMBERSHIP REFUND 211.83 Bank of America Page 7 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/30/2009 655033 FWCe-CANeEL MEMBERSHIP REFUND 20.83 212579 7/31/2009 000125 KING COUNTY FINANCE DIVISION, 1,112.63 7/8/2009 1534206 PWST-DE-ICER STORAGE FEE 600.00 7/20/2009 1534972 PUKC 4 RED L!GHT INSPECTIONS 400.38 7/812009 1534185 PWST-6/09 ALGONA TS-SOLlD WAST 112.25 212580 7/31/2009 005568 KING eOUNTY FLEET ADM DIVISION, 278.25 7/14/2009 204464 MSFL T-MOWER REPAIR 278.25 212581 7/31/2009 002128 KLEINS COMMERCIAL DOOR SERVICE, 465.01 7/10/2009 2378 PARKS-DOOR MAl NT/REPAIR SVC 73.00 7/10/2009 2378 PARKS-DOOR MAl NT/REPAIR SVC 133.23 7/10/2009 2378 PARKS-DOOR MAl NT/REPAIR SVC 87.24 7/10/2009 2378 PARKS-DOOR MAl NT/REPAIR sve 60.20 7/10/2009 2378 PARKS-DOOR MAl NT/REPAIR sve 111.34 212582 7/31/2009 011614 KNUTZEN, LOU ANN 200.00 7/14/2009 JULY - SEPT 2009 PRCS-GALLERY ART EXHIBIT 200.00 212583 7/31/2009 009814 KOBETS, ALEX AND ALINA 623.50 7/15/2009 02-67167 REFUND PW-02-67167 ROW BOND RELEASE -30.50 7/15/2009 02-67167 REFUND PW-02-67167 ROW BOND RELEASE 654.00 212584 7/31/2009 010388 KOSIYUGA, MYKOLA 100.00 7/21/2009 649437 FWCC-CLASS FEE REFUND 12.44 7/21/2009 649432 FWCC-REFUND CLASS FEE 87.56 212585 7/31/2009 009492 KPG INC, 69,382.94 6/25/2009 61409 PWST-AG06-127 PAC HWY HOV PH. 67,102.47 7/23/2009 65509 PWST-AG09-059 20TH PL SLIDE RE 2,280.47 212586 7/31/2009 009492 KPG INC, 7,262.46 6/25/2009 65009 PWST-AG09-039 352ND ST. EXTENS 7,262.46 212587 7/31/2009 009708 KRYSA, IGOR 600.10 7/16/2009 02-65360 REFUND PW-02-65360 ROW BOND RELEASE -30.50 7/16/2009 02-65360 REFUND PW-02-65360 ROW BOND RELEASE 630.60 212588 7/31/2009 009710 KUT KWlCK, 195.33 6/23/2009 041441 PWSWM-HI-L1FT LONG CUT BLADE 195.33 212589 7/31/2009 000096 LAKEHAVEN UTILITY DISTRleT, 7,504.50 7/15/2009 3499201 PARKS-FAC APR/MAY WATER CHARGE 16.44 7/15/2009 99902 PARKS-FAC- APR/MAY WATER CHARG 16.44 7/15/2009 2926402 PARKS-FAC APR/MAY WATER CHARGE 112.42 7/15/2009 2926501 PARKS-FAC APR/MAY WATER CHARGE 110.86 7/15/2009 3266301 PARKS-CELEB PK APR/MA Y WATER C 16.44 7/15/2009 101103 PARKS-FAC APR/MAY WATER CHARGE 16.44 7/15/2009 2573402 PARKS-FAC APR/MAY WATER CAHRGE 16.44 7/15/2009 2926402 PARKS-FAe-APR/MAY SEWER eHARGE 49.10 7/15/2009 2926501 PARKS-FAC APR/MAY SEWER CHARGE 47.18 7/15/2009 3383601 PWST-APR/MAY WATER CHARGES 16.44 7/15/2009 2961401 PWST-APR/MAY WATER CHARGES 16.44 7/15/2009 3513001 PWST-APR/MAY WATER CHARGES 16.44 7/15/2009 3336301 PWST-APR/MAY WATER CHARGES 16.44 7/15/2009 3383701 PWST-APR/MAY WATER CHARGES 367.80 7/15/2009 3518001 PWST-APR/MAY WATER CHARGES 16.44 7/15/2009 3541001 PWST-APR/MAY WATER CHARGES 16.44 7/15/2009 3238401 PWST-APR/MAY WATER CHARGES 16.44 7/15/2009 3336201 PWST-APR/MAY WATER CHARGES 16.44 7/15/2009 1768602 DBC-APR/MAY SEWER CHARGES 223.46 7/15/2009 2922203 PARKS-CH APR/MAY WATER CHARGES 18.26 7/15/2009 2913103 PARKS-eH APR/MAY WATER eHARGES 326.14 7/15/2009 2922503 PARKS-CH APR/MAY WATER CHARGES 16.44 7/15/2009 3405101 PARKS-CH APR/MAY WATER CHARGES 35.46 7/15/2009 3405101 PARKS-CH APR/MAY SEWER CHARGES 26.06 7/15/2009 2913103 PARKS-CH- APR/MA Y SEWER CHARGE 312.14 7/15/2009 3461301 FWCC-FAC APR/MAY SEWER CHARGES 1,658.08 7/15/2009 3075201 PARKS-CELEB PK APR/MA Y SEWER e 180.30 7/15/2009 3075301 PARKS-CELEB PK APR/MA Y SEWER C 22.22 7/15/2009 3075401 PARKS CELEB PKAPR/MAY SEWER 52.62 7/15/2009 3474201 FWCC FAC APR/MAY WATER CHARGES 16.44 7/15/2009 3474301 FWCC FAC APR/MAY WATER CHARGES 18.26 Bank of America Page 8 of 36 Check No. Date Vendor I nv Date Invoice Description Amount Check Total 7/15/2009 3461301 FWCC FAC APR/MAY WATER CHARGES 660.46 7/15/2009 3050801 PARKS-CELEB PK APR/MA Y WATER C 2,540.45 7/15/2009 3075301 PARKS-CELEB PK APR/MA Y WATER C 40.58 7/15/2009 3075301 PARKS-CELEB PK APR/MA Y WATER C 50.00 7/15/2009 3075201 PARKS-CELEB PK APR/MAY WATER e 171.70 7/15/2009 3075401 PARKS-CELEB PK APR/MA Y WATER C 106.18 7/15/2009 2957001 PARKS-CELEB PK-APR/MA Y WATER C 16.44 7/15/2009 1768602 KFT-APR/MAY SEWER CHARGES 111.73 212590 7/31/2009 001963 LAKESIDE INDUSTRIES INC, 733.06 7/8/2009 12024901MB PWST-50# BAGS 733.06 212591 7/31/2009 009659 LAVRENTIEV, PYOTR 768.70 7/16/2009 02-65269 REFUND PW-02-65269 ROW BOND RELEASE -30.50 7/16/2009 02-65269 REFUND PW-02-65269 ROW BOND RELEASE 799.20 212592 7/31/2009 003157 LES SCHWAB TIRE CTRS OF WA INC, 24.04 6/16/2009 416915 MSFL T-TIRE REPAIR 24.04 212593 7/31/2009 010232 L1M, HYUN OK 61.25 7/21/2009 649425 FWCC-MEMBERSHIP CANCEL 61.25 212594 7/31/2009 009759 LLEWELLYN, MORGAN 905.50 7/20/2009 02-72900 REFUND PW-02-72900 ROW BOND REFUND 936.00 7/20/2009 02-72900 REFUND PW-02-72900 ROW BOND REFUND -30.50 212595 7/31/2009 000630 LLOYD ENTERPRISES INC, 811.20 7/1/2009 131681 PKM-BRUSH GRAVEL 31.81 7/7/2009 131804 PWST-ASPHAL T MIX 39.42 7/212009 131922 PARKS-4TH JULY PIT SAND 674.45 6/29/2009 131451 SWM-CONCRETE MIX 39.95 7/6/2009 131785 SWM-ASPHAL T 25.57 212596 7/31/2009 011608 LOVELL, GREG 87.56 7/21/2009 649431 FWCC-REFUND FEE ADULT + 1 87.56 212597 7/31/2009 005339 LOWE'S HIW INC, 1,228.29 7/15/2009 02607 PARKS-CELEB PK- PRESSURE WASHE 61.11 7/14/2009 17249 SWM-SUMP PUMP -163.16 7/14/2009 14199 SWM-SUMP PUMP 109.73 7/14/2009 13721 SWM-SUMP PUMP 163.16 7/15/2009 02571 PARKS CITY HALL- STEEL MESH 33.51 7/15/2009 02567 CHB-TAMPER, EXPANSION JOINT 82.49 7/8/2009 02385 FWCC-REPAIR/MAINTENANCE SUPPLI 37.00 7/14/2009 23370 FWCC-REPAIR/MAINTENANCE SUPPLI 28.13 6/26/2009 23414 FWCC-REPAIR SUPPLIES 6.51 7/23/2009 23435 PD- YELLOW LUMBER CRAYONS. FOR 12.76 7/9/2009 02587 PAKRS-CELEB PK- INTERIOR FRAMI 389.39 7/9/2009 01105 PARKS- SHOP/SAFETY GLASSES 47.01 7/8/2009 10614 SWM-BA TTERIES 28.34 7/16/2009 14819 PD-PADLOCKS 16.21 6/26/2009 23414 FWCe-REPAIR SUPPLIES 1.53 7/8/2009 02385 FWCC-REPAIR/MAINTENANCE SUPPLI 2.14 6/29/2009 14526 FWCC-CHIP BRUSH 16.78 7/17/2009 14022 PReS-LOCK PORTABLE KEY 32.29 7/17/2009 14202 DBe-FANS 91.83 6/26/2009 23414 FWCC-REPAIR SUPPLIES 74.92 7/14/2009 23370 FWCC-PADLOCK, SUPPLIES 92.31 6/26/2009 23414 FWCC-REPAIR SUPPLIES 3.25 7/8/2009 02385 FWCC-REPAIR/MAINTENANCE SUPPLI 34.19 7/2/2009 14585 FWCC-REPAIR/MAINTENANCE SUPPLI 26.86 212598 7/31/2009 007805 MAC DONALD-MILLER FACILITY, 1,234.15 7/10/2009 925636 CHB-CONDENSING UNIT REPAIRS 528.85 7/10/2009 926409 CHB-REPLC SPEED CONTROL 705.30 212599 7/31/2009 700156 MACDONALD MILLER SERVICE INC, 966.89 7/14/2009 927041 PARKS-CITY HALL HVAC REPAIR 725.99 7/16/2009 927041A PARKS-CITY HALL HVAC REPAIR 240.90 212600 7/31/2009 010330 MANCMIK, VIKTOR 100.00 7/21/2009 649433 FWCC-DAMAGE DEPOSIT REFUND 100.00 212601 7/31/2009 004182 MCDONOUGH & SONS INC, 9,965.53 7/10/2009 164438 PARKS-AG06-027-7/09 PARKING LO 106.36 Bank of America Page 9 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 6/30/2009 164336 PWST-AG09-008 STREET SWEEPING- 9,859.17 212602 7/31/2009 005176 MERINO STRAWE, BETTY 312.10 7/21/2009 7/21/09 MC-INTERPRETER SVC 181.05 7/14/2009 7/14/09 MC-INTERPRETER SVC 131.05 212603 7/31/2009 004380 MICRO DATA BUSINESS FORMS, 552.55 7/16/2009 40701 PD-TRAFFIC INFRACTION FORMSPRI 552.55 212604 7/31/2009 000228 MULTI-SERVICE CENTER, 18,050.00 7/17/2009 1ST QTR 2009 CDHS-AG09-065 REACH OUT PROGRA 10,000.00 7/14/2009 1ST QTR 2009 A CDHS-AG09-062 FOOD/CLOTHING BA 5,550.00 7/14/2009 1ST QTR 2009 CDHS-AG09-063 LITERACY PROGRAM 2,500.00 212605 7/31/2009 001052 NAPA AUTO PARTS, 128.57 7/15/2009 028672 PARKS-MOWER PARTS FLEET REPAIR 128.57 212606 7/31/2009 003868 NATIONAL BARRICADE COMPANY INC, 1,140.90 6/29/2009 224012 PWST-CONSTRUCTION SIGNS 1,140.90 212607 7/31/2009 008858 NEVERS,SHERYL 143.56 7/15/2009 08 NEVERS MSe-2008 UTILITY TAX REBATE 143.56 212608 7/31/2009 010063 NEW EDITION HOMES, 717.10 7/14/2009 02-67591 REFUND PW-02-67591 ROW BOND RELEASE -30.50 7/14/2009 02-67591 REFUND PW-02-67591 ROW BOND RELEASE 747.60 212609 7/31/2009 000043 NEW LUMBER & HARDWARE COMPANY, 581.93 6/26/2009 237974 FWCC- MISC SCREWS/BOLTS 11.18 7/16/2009 238460 PARKS-GRND MNT- FOR SLIDE REPA 4.92 7/8/2009 238235 PARKS-GRND MNT- ANNEX RESTROOM 14.76 7/9/2009 235769 PW-CAR WASH CLEANER 19.69 7/16/2009 238439 PARKS-CELEB PK- PAINT FOR POLE 38.50 7nt2009 238206 PARKS-GRND MNT-CHARCOAL 291.69 7/14/2009 238376 PARKS-GRND MNT- POLE REPAIR/GR 106.82 7/8/2009 238230 PARKS- GRND MNT WASP/HORNET KI 94.37 212610 7/31/2009 001391 NORTH COAST ELECTRIC COMPANY, 437.01 6/9/2009 S2876896.001 FWCC-HID LAMP 228.71 7/2/2009 S2903350. 00 1 FWCC- ELECTRICAL SUPPLIES 34.25 7nt2009 S2903350.004 FWCC- ELECTRICAL SUPPLIES 64.09 7/2/2009 S2903350.002 FWCC- ELECTRICAL SUPPLIES 51.38 7/212009 S2903350.003 FWCC-ELECTRICAL SUPPLIES 17.13 6/30/2009 S2909449.001 SWM-ELECTRICAL SUPPLIES 41.45 212611 7/31/2009 011414 OFFICE DEPOT, 96.36 7/10/2009 480694615001 MC-OFFICE SUPPLIES 96.36 212612 7/31/2009 003530 OLYMPIC FENCE CO INC, 3,490.32 7/1/2009 OL09-109(2) PKM-SAGHALlE PARK SOCCER 3,490.32 212613 7/31/2009 007444 ORCA PACIFIC INC, 3,389.08 6/25/2009 039650 FWCC-AG09-020 POOL CHEMICALS M 768.22 6/26/2009 039856 FWCC-AG09-020 POOL CHEMICALS M 512.67 7/212009 039791 FWCC-AG09-020 POOL CHEMICALS M 648.44 6/15/2009 039433 FWCC-AG09-020 POOL CHEMICALS M 143.67 6/18/2009 039534 FWCC-AG09-020 POOL CHEMICALS M 643.55 7/9/2009 039918 FWCC-AG09-020 POOL CHEMICALS M 672.53 212614 7/31/2009 009920 OSAKA GARDEN SERVICE, INC, 19,880.79 7/1/2009 25076 PWST-AG07-010 ROW LANDSCAPE MA 19,880.79 212615 7/31/2009 005741 OUTCOMES BY LEVY, 4,637.29 6/30/2009 JUNE 2009 CM-AG03-191 :6/09 LOBBYIST SVCS 4,637.29 212616 7/31/2009 011161 PACIFIC COAST SALES & SERVICE, 1,798.00 7/13/2009 FOCS161747 PD-ELECTRICAL WORK 238.72 7/13/2009 FOCS161762 PO-WIPER BLADES 18.79 7/13/2009 FOeS161762 PO-MAJOR SERVICE 234.06 7/13/2009 FOCS161763 PO-TIRE REPAIR 28.42 7/9/2009 FOCS161735 PD-LOF 40.13 7/14/2009 FOCS161781 PD-LOF 40.13 7/8/2009 FOCS161723 PD-LOF 38.18 7/8/2009 FOCS161728 PD-LOF 40.13 7/9/2009 FOCS161736 PD-LOF 40.13 7/9/2009 FOCS161737 PD-LOF 40.13 7/14/2009 FOCS161775 PD-ELEeTRICAL WORK 25.73 7/3/2009 FOCS161666 PD-ELECTRICAL WORK 126.68 Bank of America Page 10 of 36 Check No. Date Vendor Inv Date Invoice Oescri ption Amount Check Total 7/812009 FOCS161723 PO-TIRES 59.27 7/14/2009 301791 PO-VEHICLE PARTS 131.40 7/14/2009 301790 MSFLT-PARTS 31.54 7/14/2009 301789 MSFL T-PARTS 63.07 7/10/2009 FOCS161668 MSFL T-ELECTRICAL WORK 9.11 6/30/2009 FOeS161624 MSFLT-TIRE REPAIR 30.69 7/10/2009 FOCS161676 MSFL T-LOF 44.69 7/10/2009 FOCS161678 MSFL T-LOF 47.92 7/2/2009 focs161643 MSFL T-LOF 44.69 7/10/2009 FOCS161670 MSFLT-LOF 44.69 7/10/2009 FOCS161675 MSFL T-LOF 44.69 7/10/2009 FOCS161667 MSFL T-LOF 44.69 7/10/2009 FOCS161669 MSFL T-LOF 44.69 7/2/2009 FOCS161641 MSFL T-AUTO GLASS 245.63 212617 7/31/2009 001814 PARAMETRIX INC. 1,529.86 7/8/2009 03-48638 PWST-AG05-181 S 348TH ST. AT 1 1,529.86 212618 7/31/2009 000885 PARKER PAINT MANUFACTURING CO, 66.86 7/15/2009 022247210 CD-PAINT SUPPLIES 74.07 7/15/2009 022247211 CD--CREOIT-PAINT SUPPLIES -7.21 212619 7/31/2009 010249 PASICH. JAMIE 300.00 6/16/2009 JULY 6, 2009 PKKFT-ACCOMPANIST "ROBIN HOOD" 300.00 212620 7/31/2009 011602 PASICH, RENEE 600.00 6/16/2009 JULY 6, 2009 PKKFT-COSTUMER "ROBIN HOOD" "J 600.00 212621 7/31/2009 003386 PEREZ, RICK 170.00 7/2/2009 PEREZ 2009 PWTR-ITE CONF. R PEREZ 170.00 212622 7/31/2009 010613 PETEK, PHO, THOMAS C 300.00 6/30/2009 7620 PO-EVALUATION - TANNER PAU 300.00 212623 7/31/2009 009040 PETERSON, NICK 1,466.04 7/15/2009 PETERSON 2009 PO-TUITION REIMB N. PETERSON 1,466.04 212624 7/31/2009 010580 PETTY CASH - CM, 469.75 7/24/2009 CM-7/24/09 PW- REFRESHMENTS FOR LUTC MEE 5.00 7/24/2009 CM-7/24/09 PW/SWR - CHAMBER LUNCHEON FOR 20.00 7/24/2009 CM-7/24/09 CM - REFRESHMENTS FOR L TAC MEE 7.98 7/24/2009 CM-7/24/09 IT - SAFE CITY SUPPLIES 28.72 7/24/2009 CM-7/24/09 CO/HS - LUNCH REGISTRATION 27.50 7/24/2009 CM-7/24/09 CC - PARKING REIMBURSEMENT FOR 23.90 7/24/2009 CM-7/24/09 CC - PARKING REIMBURSEMENT FOR 11.00 7/24/2009 CM-7/24/09 CC - PARKING REIMBURSEMENT FOR 15.00 7/24/2009 CM-7/24/09 CM - CONFERENCE REGISTRATION 55.00 7/24/2009 CM-7/24/09 CC - PARKING REIMBURSEMENT FOR 23.40 7/24/2009 CM-7/24/09 CC - MILEAGE REIMBURSEMENT FOR 59.01 7/24/2009 CM-7/24/09 CC - MILEAGE REIMBURSEMENT FOR 26.88 7/24/2009 CM-7/24/09 ec - MILEAGE REIMBURSEMENT FOR 59.55 7/24/2009 CM-7/24/09 ee - MILEAGE REIMBURSEMENT FOR 25.85 7/24/2009 CM-7/24/09 PW/SWM - OFFICES SUPPLIES 6.55 7/24/2009 CM-7/24/09 PW/SWM - INSPECTOR CURB MARKER 8.74 7/24/2009 CM-7/24/09 MC - OFFICE SUPPLIES FOR COURT 65.67 212625 7/31/2009 006241 PETTY CASH-POLICE OEPT, 668.26 7/22/2009 PO-7/22/09 PO-PER DIEM:SAFE CITIES MTG- 90.00 7/22/2009 P 0-7/22/09 PO-PER OIEM:SAFE CITIES MTG- 90.00 7/22/2009 PO-7/22/09 PO-PARKING FEE FOR COURT- 19.00 7/22/2009 PO-7/22/09 PO-BOOK OF STAMPS FOR- 8.80 7/22/2009 PO-7/22/09 PO-FERRY CHARGES TO COUPEVILLE 21.15 7/22/2009 PO-7/22/09 PO-PARKING FEE:SUPERIOR COURT- 17.00 7/22/2009 PO-7/22/09 PO-KEYS FOR 1-5 REST AREA GATE 34.60 7/22/2009 PO-7/22/09 PD-SUPPLlES:WEAPONS REPAIR- 13.12 7/22/2009 PO-7/22/09 PO-CHILD 10 SOFTWARE FOR- 95.00 7/22/2009 PD-7/22/09 PO-LIGHT BULBS FOR VEHICLE- 7.40 7/22/2009 PO-7/22/09 PO-COFFEE FOR VOLUNTEER- 73.25 7/22/2009 PO-7/22/09 PO-COFFEE FOR VOLUNTEER- 75.73 7/22/2009 PO-7/22/09 PO-TAXI FARE FOR SAFE CITIES- 34.00 7/22/2009 PO-7/22/09 PO-TAXI FARE FOR SAFE CITIES- 35.00 7/22/2009 PO-7/22/09 PO-FUEL:VEHICLE 6490- 50.21 Bank of America Page 11 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/22/2009 PD-7/22/09 PO-PARKING FEES:CONFERENeE- 4.00 212626 7/31/2009 006993 PFX PET SUPPLY INC, 406.90 3/25/2009 CD11338997 PD-K9 DOG FOOD 406.90 212627 7/31/2009 003537 PIERCE COUNTY SECURITY INe, 1,880.00 7/8/2009 195301 PARKS-AG06-056 PARK CLOSING & 250.00 7/8/2009 195403 PARKS-AG06-056 PARK CLOSING & 250.00 7/8/2009 195460 PARKS-AG06-056 PARK CLOSING & 175.00 7/8/2009 195243 PARKS-AG06-056 PARK CLOSING & 150.00 7/8/2009 195465 PARKS-AG06-056 PARK CLOSING & 150.00 7/8/2009 195536 PARKS-AG06-056 PARK CLOSING & 150.00 7/8/2009 195353 PARKS-AG06-056 PARK CLOSING & 150.00 7/16/2009 195717 FWCC-4TH JULY SECURITY 605.00 212628 7/31/2009 009791 PIRTEK KENT, 548.17 7/27/2009 S1308436.001 MSFL T-HOSES, COUPLINGS O-RINGS 331.21 7/9/2009 S1308429.001 MSFL T-HOSES, COUPLINGS, O-RING 129.43 7/6/2009 S1307302.001 MSFLT-HOSES, COUPLING, O-RINGS 87.53 212629 7/31/2009 001411 POSTAL EXPRESS INC, 7,456.14 6/30/2009 BM29061004 CH/PS/MC-6/09 COURIER SVC 303.83 6/30/2009 BM29061004 CH/PS/MC-6/09 COURIER SVC 1,424.19 6/30/2009 BM29061 004 CH/PS/MC-6/09 POSTAGE CHRS 817.12 6/30/2009 BM29061 004 eH/PS/MC-6/09 POSTAGE CHRS 1,049.76 6/30/2009 BM29061 004 CH/PS/MC-6/09 POSTAGE CHRS 3,690.34 6/30/2009 BM29061 004 eH/PS/MC-6/09 COURIER SVC 170.90 212630 7/31/2009 003725 POTTS, RONALD 101.00 7/10/2009 POTTS 2009 PD-RW&B FOOD FOR OFFICERS 97.82 7/10/2009 POTTS 2009 PD-RW&B FOOD FOR OFFICERS 3.18 212631 7/31/2009 010647 PRECISION COLLISION, 1,679.18 7/2/2009 52323-1 RM-TRUCK121-1(2008); RM-PK-MNT 1,071.90 7/212009 52323-2 MSFL T- VEH. BODY WORK 607.28 212632 7/31/2009 004308 PUBLIC AGENCY TRAINING COUNCIL, 650.00 7/17/2009 120756 PO-CELL PHONE TECH. TRNG KRUSE . 325.00 7/17/2009 120756 PO-CELL PHONE TECH. TRNG KRUSE 325.00 212633 7/31/2009 005345 PUGET POSTINGS, 547.50 7/14/2009 2160 MC-9/10 JURY SOURCE LIST 547.50 212634 7/31/2009 000051 PUGET SOUND ENERGY INe, 272.27 7/17/2009 250-275-0389 PWTR-7/09 106SWCAMPUS DR. 104.05 7/17/2009 004-919-100-0 PW-SWM -ELECTRICITY/GAS JUNE 0 168.22 212635 7/31/2009 000990 PUGET SOUND REGIONAL COUNCIL, 27,301.00 7/15/2009 201028 CC - PSRC DUES ASSESSMENT FOR 27,301.00 212636 7/31/2009 000533 PUGET SOUND SPECIALTIES INC, 137.53 7/13/2009 21413 PRCS-RW&B ATHLETIC PAINTS 137.53 212637 7/31/2009 008649 QUALITY WATER SERVICES, 1,250.38 6/28/2009 23125 PARKS-FILTER WATER SVC 128.66 6/28/2009 23125 PARKS-FILTER WATER SVC 128.66 6/28/2009 23125 PARKS-FILTER WATER SVC 993.06 212638 7/31/2009 010905 QUANTUM CORPORATION, 1,423.50 7/14/2009 60030328 SeALAR24 TAPE LIBRARY ANNUAL 640.57 7/14/2009 60030328 SCALAR24 TAPE LIBRARY ANNUAL 711.75 7/14/2009 60030328 SeALAR24 TAPE LIBRARY ANNUAL 71.18 212639 7/31/2009 007837 QUARTERMASTER, 206.80 6/18/2009 P647267301010 PO-HAT PATCHES 61.95 6/18/2009 P647896801018 PO-ELITE D-CELL LIGHT HOLDER 54.94 6/23/2009 P647304401013 PO-WOOL CAPS & PATCHES 89.91 212640 7/31/2009 000202 QWEST, 2,646.58 7/4/2009 206-204-0609472B IT-7/09 PHONE/DATA SVC 1,190.96 7/4/2009 206-204-0609472B IT-7I09 PHONE/DATA SVC 1,323.29 7/4/2009 206-Z04-0609 472B IT-7/09 PHONE/DATA SVC 132.33 212641 7/31/2009 000202 QWEST, 26.06 7/4/2009 253 835-0579 8/86R IT-MC-6/09 FAX MACHINE JUDGES 26.06 212642 7/31/2009 004179 RAR COMMUNICATION INC, 165.00 7/23/2009 OCTOBER 15,2009 PO-SUMPTER TUITION POLICE 165.00 212643 7/31/2009 006239 RAY ALLEN MANUFACTURING, INC., 56.40 Bank of America Page 12 of 36 Check No. Date Vendor Inv Date Invoice Description Amount eheck Total 7f712009 245542 PD-K9 BUDDY BOWL 56.40 212644 7/31/2009 010403 RENTSEN,OYUN 110.47 7/14/2009 7/13/09 MC-INTERPRETER SVC 110.47 212645 7/31/2009 007399 RHODERDRON SPECIES FOUNDATION, 200.00 6/18/2009 2009-24 CM/ED - MUSICAL PERFORMANCE FO 200.00 212646 7/31/2009 004298 ROACH GYMNASTICS, 1,064.00 7/9/2009 JUNE 2009 PRCS-GYMNASTICS CLASSES- 1,064.00 212647 7/31/2009 009613 ROAD WARRIOR PAINTBALL LLC, 962.20 7/13/2009 004 PRCS-RW&B PAINTBALL RANGE 962.20 212648 7/31/2009 009686 ROBINSON NEWSPAPERS, 650.00 6/30/2009 36811000 FWCC-SU BSCRIPTION/ADVERTISING 650.00 212649 7/31/2009 009297 ROTH HILL ENGINEERING PARTNERS, 320.30 7/10/2009 96557 SWM-AG07-166 EASTER LAKE FLOOD 320.30 212650 7/31/2009 010577 RSC EQUIPMENT RENTAL, 630.61 6/17/2009 41476988 MSFL T-REPAIR eONCRETE SAW/SHAF 630.61 6/17/2009 41476988 MSFL T-REPAIR CONeRETE SAW/SHAF -630.61 6/17/2009 41476988 MSFL T-REPAIR eONeRETE SAW/SHAF 630.61 212651 7/31/2009 006657 S C I INFRASTRUCTURE LLe, 23,951.73 6/16/2009 AG07 -065 #23 PWST-AG07-065 PAC HWY S HOV PH 23,951.73 212652 7/31/2009 005508 SAFAROVA-DOWNEY, ALMIRA 413.40 7/14/2009 7/14/09 MC-INTERPRETER SVC 125.30 7/17/2009 7/17/09 MC-INTERPRETER SVC 125.30 7/21/2009 7/21/09 MC-INTERPRETER SVC 162.80 212653 7/31/2009 003726 SAFEWAY STORE #1555, 107.44 6/25/2009 1899860 PRCS-5 MILE LAKE EVENT 107.44 212654 7/31/2009 003772 SALLOUM, MARWAN 346.40 7/23/2009 SALLOUM-2009 APWA CONFERENCE AIRFARE REIMBU 346.40 212655 7/31/2009 011284 SANDS COSTNER & ASSOe. INC, 346.28 6/19/2009 13068 CM/ED - PINTING OF SPRING "WHA 346.28 212656 7/31/2009 011603 SAYSON, ANTHONY 300.00 7/21/2009 30064 DBC-DAMAGE DEPOSIT REFUND 300.00 212657 7/31/2009 006418 SCHROCK, CATHY 1,008.00 7/8/2009 SCHROCK 2009 MSHR-TUITION REIMB C SCHROCK 1,008.00 212658 7/31/2009 004811 SEATTLE STERLING MACK, 113.44 7/2212009 CS64884 PARKS FLEET VEHICLES- PARTS 113.44 212659 7/31/2009 000351 SEATTLE TIMES, 20.00 6/30/2009 000969316 FWCC-NEWSPAPER SUBCRIPTION 20.00 212660 7/31/2009 010239 SEATTLE'S UNION GOSPEL MISSION, 148.90 7/21/2009 30065 DBC-REFUND DAMAGE DEPOSIT 148.90 212661 7/31/2009 001213 SECOMA FENCE INC, 3,804.03 7/8/2009 7550 PWST-FENCE SUPPLIES FOR THE AR 3,804.03 212662 7/31/2009 010962 SHARP BUSINESS SYSTEMS, 19.64 7/14/2009 00070175 IT-PK-COPIER RPR, MNT, SUP 19.64 212663 7/31/2009 002501 SHOPE CONCRETE PRODUCTS CO INC, 752.17 7/6/2009 9916872 PWST-MONUMENT CASE & COVER FOR 752.17 212664 7/31/2009 010711 SIVER, CATRIONA 1,209.00 7/9/2009 SIVER 2009 PD-TUITION REIMB SIVER 1,209.00 212665 7/31/2009 000714 SKYHAWKS SPORTS ACADEMY, 942.80 7/10/2009 240919111 PRCS-TENNIS COACHING 795.80 7/16/2009 240919724 FWCC-SAGH. JR HIGH MULTI SPORT 147.00 212666 7/31/2009 004963 SOUND PUBLISHING INC, 666.80 6/13/2009 234653 SWR-GO GREEN DISPLAY AD 90.00 6/27/2009 239469A PWST-RFB 20TH PL REPAIRS AD 288.40 7/4/2009 239469B PWST-RFB 20TH PL REPAIRS AD 288.40 212667 7/31/2009 004963 SOUND PUBLISHING INC, 735.41 6/20/2009 237059 CDPL-LUAlODNS LEGAL NOTICE 233.60 7/4/2009 244700 CDPL-PUBLlC HEARING LEGAL NOTI 80.75 6/13/2009 235062 CD-PLANNING COMM. HEARING NOTI 86.52 6/10/2009 234043 CDPL-LUAlODNA LEGAL NOTICE 196.11 6/13/2009 235057 CDPL-LUA LEGAL NOTICE 138.43 212668 7/31/2009 004963 SOUND PUBLISHING INC, 224.96 6/27/2009 237061B MC-RFP COURT SECURITY SVCS 112.48 Bank of America Page 13 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 6/20/2009 237061A MC-RFP COURT SECURITY SVCS 112.48 212669 7/31/2009 004963 SOUND PUBLISHING INC, 157.18 6/6/2009 233211 MSC-OROINANCE SUMMARY NOTICE 90.85 6/20/2009 237096 MSC-OROINANCE SUMMARY NOTICE 66.33 212670 7/31/2009 009038 SOUSHEK, BRIAN 1,800.00 6/16/2009 JULY 6, 2009 PKKFT-MUSIC DIRECTOR "JOSEPH" 1,800.00 212671 7/31/2009 000285 SOUTH KING FIRE & RESeUE, 600.00 7/4/2009 09-0337 PRCS-RWBF 7/4/09 TENT PERMITS 500.00 7/31/2009 09-0318 OBC-FIRE PERMIT 100.00 212672 7/31/2009 001885 SPARKS CAR CARE, 264.32 7/17/2009 24287 PD- ELECTRleAL PARTS 26.41 7/22/2009 24309 PO-BRAKE SERVICE CITY VEHICLES 65.70 7/22/2009 24309 PO- LOF CITY VEHICLES MAINT SE 38.34 7/22/2009 24309 PO-HEATING/COOLING CITY VEHICL 112.19 7/22/2009 24309 PO-ELECTRICAL WORK CITY VEHICL 21.68 212673 7/31/2009 001618 SPEEDY GLASS - TACOMA, 285.89 7/10/2009 9172-1423105 PO-WINDSHIELD REPAIRS 32.85 7/1/2009 9172-534436 MSFL T-VEHICLE WINDSHIELD REPAI 253.04 212674 7/31/2009 003735 ST FRANCIS HOSPITAL, 4,867.88 6/27/2009 F0917712408 P0-6/09 PRISIONER MEO TREAT 4,867.88 212675 7/31/2009 011134 STENDER ZUMWALT, PLLC, 72,670.00 7/10/2009 108 CM-AG08-159 PUBLIC OEFENOER- 72,670.00 212676 7/31/2009 003307 STERICYCLE INC, 11.14 6/30/2009 3000533313 PO-WASTE DISPOSAL FEES 11.14 212677 7/31/2009 011356 STRATEGIES 360, INC, 5,000.00 7/1/2009 772-1184 CM-AG09-048 7/09 FEDERAL LOBBY 5,000.00 7/1/2009 772-1184 CM-AG09-048 7/09 FEDERAL LOBBY -5,000.00 7/1/2009 772-1184 CM-AG09-048 7/09 FEDERAL LOBBY 5,000.00 212678 7/31/2009 011622 STRAY, FREDRICK M. 131.89 6/25/2009 10257 -P FWCC-POOL SUPPLIES 131.89 212679 7/31/2009 011611 STRINGER, TONI 500.00 7/21/2009 649428 FWCC-DEPOSIT REFUND 500.00 212680 7/31/2009 000308 SUBURBAN CITIES ASSOCIATION, 172.00 5/31/2009 1444 CC - MAY 2009 SCA NETWORKING 0 172.00 212681 7/31/2009 006414 SUMNER VETERINARY HOSPITAL, 84.00 7/17/2009 JUL 19,2009 PO-K-9 BOARDING FOR CALEB 7/17 84.00 212682 7/31/2009 007710 SUPERIOR LINEN SERVICE, 92.19 7/13/2009 81725 DBC-L1NEN SVC 30.05 7/15/2009 S83522 OBC-L1NEN SVC 26.55 7/20/2009 83768 OBC-L1NEN SVC 35.59 212683 7/31/2009 009523 SYSTEMS FOR PUBLIC SAFETY, 1,617.17 7/13/2009 12495 PO-REPAIR MOC 41.90 7/15/2009 12506 PO-INSTALL BATTERY BRAIN 192.74 7/20/2009 12516 PO-ELECTRICAL WORK 41.90 7/20/2009 12530 PO-ELECTRICAL WORK 149.01 3/18/2009 11851 PO-INSTALL PRIORITY START 39.71 7/20/2009 12510 PO-ELECTRICAL WORK 41.90 7/20/2009 12531 PO-ELECTRICAL WORK 99.28 7/7/2009 12446 PO-TEST WIRING SYSTEM 83.78 7/7/2009 12453 PO-ACCESS HEADLlGHT,PUSHBAR 79.79 7/7/2009 12465 PO-SWAP RADIO 41.90 7/7/2009 12466 PD-REPLC BATTERY 254.66 7/7/2009 12458 PO-REPAIR ANTENNA ,BRAKE LIGHT 190.51 7/7/2009 12445 PO-REPAIR BACK SEAT 41.90 7/7/2009 12432 PO-REPLC USB ADAPTER CABLE 167.56 6/25/2009 12412 RM-OFF MATSUYAMA-PS6182;RM-PS; 150.63 212684 7/31/2009 002176 TACOMA SeREW PRODUCTS INC, 14.73 7/20/2009 13840779 MSFLT-PARTS PARKS MAINTENANCE 14.73 212685 7/31/2009 009170 THE KOREA DAILY, 280.00 6/25/2009 06/25/09 PWTR-CITY CENTER ACeESS PROJEC 140.00 7/8/2009 07/08/09 PWTR-CITY CENTER ACCESS PROJEC 140.00 212686 7/31/2009 010270 THOMPSON, MARISSA 300.00 Bank of America Page 14 of 36 Check No. Date Vendor Inv Date Invoice Description Amount eheck Total 6/16/2009 JULY 6, 2009 PKKFT-CHOREOGRAPHY "ROBIN HOOD 300.00 212687 7/31/2009 009919 TITUS-WILL COLLISION CENTER, 656.89 6/23/2009 50208 PD-BUMPER REPAIRS 656.89 212688 7/31/2009 008902 TRI-CITY MEATS, 781.84 7/21/2009 226852 DBC-CATERING SUPPLIES 399.23 7/8/2009 226500 DBC-CATERING SUPPLIES 382.61 212689 7/31/2009 005549 TRINH, JAMES 133.00 7/17/2009 7/17/09 MC-INTERPRETER SVC 133.00 212690 7/31/2009 011613 UM, KEOM 45.00 7/21/2009 649426 FWCC-REFUND SWIM PASS 45.00 212691 7/31/2009 002426 UNITED GROCERS CASH & CARRY, 1,054.75 7/13/2009 180822 DBe-CATERING SUPPLIES 114.08 7/15/2009 181256 DBC-CATERING SUPPLIES 114.16 7/11/2009 180268 DBC-CATERING SUPPLIES 21.07 7/16/2009 181512 DBC-CATERING SUPPLIES 195.72 7/18/2009 182372 DBC-eATERING SUPPLIES 10.88 7/18/2009 182134 DBC-CATERING SUPPLIES 214.36 7/10/2009 179896 DBC-CATERING SUPPLIES 164.53 7/14/2009 181000 DBC-CATERING SUPPLIES 67.20 7/14/2009 181115 DBC-CATERING SUPPLIES 31.10 7/14/2009 181116 DBC-CATERING SUPPLIES 37.05 7/20/2009 182729 DBC-CATERING SUPPLIES 32.59 7/10/2009 180075 PRCS-BEACH PARTY EVENT SUPPLlE 30.15 7/1/2009 177500 PRCS-RW&B TICKETS 8.83 7/10/2009 180075 PRCS-BEACH PARTY EVENT SUPPLlE 13.03 212692 7/31/2009 003837 UNITED PARCEL SERVICE, 143.52 7/18/2009 0000F6588V299 PO-DOCUMENT DELIVERY SERVICE 92.01 7/11/2009 0000F6588V289 PO-UPS DELIVERY SVC 21.01 7/4/2009 0000F6588V279 PO-DOCUMENT DELIVERY SERVICE 30.50 212693 7/31/2009 000769 UNITED PIPE & SUPPLY CO INC, 1,045.18 7/10/2009 8258323 CHB-IRRIGATION SUPPLIES 633.24 7/2/2009 8250115 PKM-IRRIGATION SUPPLlESIINV#82 411.94 212694 7/31/2009 005019 UNITED RENTALS NORTHWEST INC, 201.79 7/10/2009 82415289-001 PKM-ABRASIVE BLADESIINV#824152 17.28 7/9/2009 82378259-001 PKM-RENTAL OF ELECTRIC 72.82 7/13/2009 82427210-001 PKM-RENTAL OF ELECTRIC 111.69 212695 7/31/2009 005715 USA MOBILITY WIRELESS, 46.87 7/2/2009 S6163838G IT-7I09 PAGER LEASE 22.50 7/2/2009 S6163838G IT-7/09 PAGER LEASE 24.37 212696 7/31/2009 003563 VALLEY COMMUNICATIONS CENTER, 265,332.77 7/6/2009 0009278 PD-5/09 LANGUAGE LINE USAGE 336.60 7/612009 0009253 PD-4/09 LANGUAGE LINE USAGE 66.00 7/6/2009 0009291 PD-7/09-8/09 EMER DISPATCH SVC 264.930.17 212697 7/31/2009 001124 VERIZON WIRELESS, 24.58 7/12/2009 0779462784 PD-7/09 BAIT CAR WIRELESS 24.58 212698 7/31/2009 000294 VILMA SIGNS, 981.00 7/15/2009 170 PD-BODY WORKSIGNSNEHICLE DECA 490.50 7/15/2009 170 PO-BODY WORKSIGNSNEHICLE DECA 490.50 212699 7/31/2009 000094 WA STATE AUDITOR'S OFFICE, 8,869.73 7/16/2009 L78191 MSF-6/09 STATE AU DITOR SVCS- 8,869.73 212700 7/31/2009 004258 WA STATE DEPT OF LICENSING, 270.00 7/14/2009 JULY 31,2009 PD-(7/09) REMIT CPL FEES- 270.00 212701 7/31/2009 000253 WA STATE DEPT OF TRANSPORTATN, 5,587.14 7/10/2009 RE-313-A TB9071 01 00 PW-AG90-7A WSDOT STATE ROUTES- 1,674.14 7/10/2009 RE-313-A TB9071 0100 PW-AG90-7A WSDOT STATE ROUTES- 2.00 7/10/2009 RE-313-A TB9071 01 00 PW-AG90-7A WSDOT STATE ROUTES- 3,911.00 212702 7/31/2009 003825 WA STATE DEPT OF TRANSPORTATN, 144.79 7/10/2009 RE-313-A TB9071 0149 PWST-PAC HWY HOV LANES PHASE 4 144.79 212703 7/31/2009 000280 WA STATE EMPLOYMENT SECURITY, 31,050.78 7/11/2009 684072-00 6 PD 2ND OTR U I TAX EMPLOYMENT 8,010.00 7/11/2009 684072-00 6 CITY HALL DEPTS-2ND OTR U ITA 23,040.78 212704 7/31/2009 004752 WA STATE LABOR & INDUSTRIES, 199.05 Bank of America Page 15 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/30/2009 2ND QTR 2009 MSF-Q2 2009 L&I VOLUNTEER HRS 106.46 7/30/2009 2ND QTR 2009 MSF-Q2 2009 L&I VOLUNTEER HRS 2.71 7/30/2009 2ND QTR 2009 MSF-Q2 2009 L&I VOLUNTEER HRS 28.40 7/30/2009 2ND QTR 2009 MSF-Q2 2009 L&I VOLUNTEER HRS 1.37 7/30/2009 2ND QTR 2009 MSF-Q2 2009 L&I VOLUNTEER HRS 0.96 7/30/2009 2ND QTR 2009 MSF-Q2 2009 L&I VOLUNTEER HRS 4.73 7/30/2009 2ND QTR 2009 MSF-Q2 2009 L&I VOLUNTEER HRS 2.90 7/30/2009 2ND QTR 2009 MSF-Q2 2009 L&I VOLUNTEER HRS 5.18 7/30/2009 2ND QTR 2009 MSF-Q2 2009 L&I VOLUNTEER HRS 9.82 7/30/2009 2ND QTR 2009 MSF-Q2 2009 L&I VOLUNTEER HRS 36.52 212705 7/31/2009 000851 WA STATE PATROL, 1 ,220.25 7/1/2009 109009565 MSHR-(6/09) BCKGRND CHECKS 200.00 7/1/2009 109009906 PD-CPL ALlENIWSP 1,020.25 212706 7/31/2009 006876 WA STATE POLICE CANINE ASSOC, 150.00 7/24/2009 SCHWAN REG. 2009 SCHWAN REGISTRATION FOR 2009 F 150.00 212707 7/31/2009 006853 WAHl, PRAN 130.80 7/14/2009 7/14/09 MC-INTERPRETER SVC 130.80 212708 7/31/2009 006007 WALKER AeE HARDWARE, 154.89 7/17/2009 004784 DBC-FANS 154.89 212709 7/31/2009 011599 WARNER, MICHAEL 300.00 7/20/2009 JULY 20, 2009 PKKFT-STAGE MGMT "JOSEPH" 300.00 212710 7/31/2009 000343 WASHDUP, LLC, 971.04 7/22/2009 ELEPHANT CAR PD-6/09 CAR WASH SERVICE 971.04 212711 7/31/2009 000343 WASHDUP, LLC, 465.10 7/7/2009 JULY 7, 2009 MSFL T-25 WASH COUPONS 465.10 212712 7/31/2009 011021 WASHINGTON STATE DEPARTMENT, 200.00 7/8/2009 SEPTEMBER 19, 2009 SWR-RECYCLE EVENT RENT - TWIN 200.00 212713 7/31/2009 009995 WATER MANAGEMENT, 132.00 6/18/2009 81244 SWM-LABORATORY TESTING SERVICE 132.00 212714 7/31/2009 007876 WELLS, GREGORY 112.49 7/7/2009 WELLS 2009 PO-BOMB VAN ERASE BOARD, KEYBO 112.49 212715 7/31/2009 011394 WEST GOVERNMENT SERVICES, 30.00 6/30/2009 ABOO01993116 PD-6/09 AUTO TRACKXP SVCS 30.00 212716 7/31/2009 000173 WEST PAYMENT CENTER, 2,676.93 6/30/2009 818599812 IT-LA-6/09 WEST LAW SVCS 2,676.93 212717 7/31/2009 000541 WESTERN EQUIPMENT DISTRIBUTORS, 137.17 7/8/2009 603053 MSFL T-WHEEL ASMY 137.17 212718 7/31/2009 002087 WHITMAN GLOBAL CARPET CARE, 1,489.00 7/13/2009 39358 CHB-CARPET CLEANING SVCS 1,489.00 212719 7/31/2009 009508 WHITWORTH PEST SOLUTIONS INC, 1,888.88 7/1/2009 126683 PWST-NOXIOUS WEED PROGRAM 1,888.88 212720 7/31/2009 002204 WILBUR-ELLIS COMPANY, 261.81 7/9/2009 3980302 PWSWM-CASERON & SPREADER 261.81 212721 7/31/2009 010720 WILDER, SAMANTHA 2,977.19 6/30/2009 WECFW14 SWR-AG08-044 5/09-6/09 RECYCLI 2,977.19 212722 7/31/2009 007239 WINDMILL GARDENS, 4,820.13 5/18/2009 5/18/09 BASKET DEL PWST- FLOWER BASKET 4,820.13 212723 7/31/2009 011612 WITTMAN, BRETT 375.00 7/21/2009 649427 FWCC-DEPOSIT REFUND 375.00 212724 7/31/2009 009925 WOJCIECHOWSKI, STEPHEN PATRICK 301.00 7/7/2009 JUNE 27, 2009 PRCS-FWCC09-126 EWA HEALTH EDU 168.00 7/18/2009 JULY 18,2009 PRCS-FWCC09-126 EWA HEALTH EDU 133.00 212725 7/31/2009 000660 WOODWORTH & COMPANY INC, 1,564.63 7/14/2009 191965 PW-SWM ASP HAL TGENERAL CONTRACT 416.98 7/7/2009 191899 SWM-ASPHAL T MIX 230.30 7/14/2009 191965 PWST-ASPHAL T GENERAL CONTRAeTO 917.35 212726 7/31/2009 005609 WRIGHT, PEGGY 32.00 7/23/2009 WRIGHT-2009 FWCC-REFUND CHANGED TRIP 32.00 212727 7/31/2009 011342 WRISTBANDS MEDTECH USA INC. 2,021.20 7/13/2009 INOO0288027 FWCC-WRISTSBANDS 44.00 7/13/2009 INOO0288027 FWCC-WRISTBANDS 1,977.20 212728 7/31/2009 010020 WSAPT, 75.00 Bank of America Page 16 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/27/2009 WSAPT 2009 FALL CDB-WSAPT FALL SEMINAR 75.00 212729 7/31/2009 004440 WSLEFIA-WA STATE LAW ENFORCEMT, 40.00 7/14/2009 REGISTER SUMPTER PD-WSLEFIA CONF. SUMPTER 40.00 212730 7/31/2009 010161 WSSO ADVANCED TRAINING - 2007, 225.00 7/23/2009 JULY 27-30, 2009 CHI-SEMINAR REGISTRATION FOR 8 225.00 212731 7/31/2009 005722 YAKIMA COUNTY DEPARTMENT OF. 100,108.03 7/10/2009 JUNE 2009 PD-6/09 JAIL SVCS AGOO-167- 100,108.03 212732 8/14/2009 009161 A-1 FIRE EQUIPMENT, INC., 965.25 7/16/2009 192206 FWCC-FIRE EXTINGUISHER MAINT 142.35 7/20/2009 190890F FWCC-FIRE EXTINGUISHER MAINT 250.21 7/13/2009 191195 FWCe-FIRE EXTINGUISHER MAINT 572.69 212733 8/14/2009 000332 ABC LEGAL MESSENGERS INC, 61.00 7/31/2009 MMF0128822 LAW; MNTHL Y SRV CHRG; INV# MMF 25.00 7/31/2009 20135778 LAW, BULK DE TO ATTY. KARIMI- 4.00 7/31/2009 20153571 LAW, PIERCE CTY CT. FILE DEL; 7.00 7/31/2009 MMF0128822 LAW, MNTHL Y SRV eHRG; INV# MMF 25.00 212734 8/14/2009 004234 ABT TOWING OF FEDERAL WAY INC. 193.82 7/30/2009 29822 PD-TOWlNG SVC CASE 09-9934 193.82 212735 8/14/2009 000109 ACTIVE SECURITY CONTROL (DBA), 383.98 7/21/2009 14298 PKM-LOCKSMITH SERVICES 28.47 7/17/2009 14296 PKM-LOCKSMITH SERVICES 337.79 7/27/2009 14301 PO-LOCKSMITH SERVICES 12.66 7/28/2009 14302 PO-LOCKSMITH SERVICES 5.06 212736 8/14/2009 007318 ADVANCED SAFETY & FIRE SVCS, 114.59 7/20/2009 115470 PO-FIRE EXTINGUISHER CERTIFICA 114.59 212737 8/14/2009 000568 AGRI SHOP INC, 497.51 7/7/2009 4610 SWM-POLE TRIMMER MAINT/REPAIR 126.25 7/16/2009 4824/1 PKM-STARTER ROPE/FILE GUIDE/IN 16.80 7/15/2009 4797/1 PKM-AUTOCUT/GEARHEAD FOR 150.11 7/23/2009 5003/1 PKM-EQUIPMENT REPAIR/STIHL HED 57.90 7/23/2009 5004/1 PKM-EQUIPMENT REPAIR/JOHN DEER 98.64 7/22/2009 4972 PWST-BAR OIL POLE SAW MAINT 47.81 212738 8/14/2009 009195 AKELA SECURITY INC., 4,512.50 8/3/2009 5451 MC-AG06-021 COURT SECURITY - 4,512.50 212739 8/14/2009 001012 AL'S TOWING, 399.67 8/212009 71264 PD-TOWlNG SVC CASE 09-10057 399.67 212740 8/14/2009 009764 ALL ACCESS PRINTING & MAILING, 1,762.95 7/31/2009 17036 MSHR-BUSINESS CARD MASTERS 1,224.21 7/31/2009 17033 MSHR-BUSINESS CARDS 538.74 212741 8/14/2009 011664 ALONZO,MARCY 50.00 8/7/2009 8/7/09 MS-REFUND FOR BL DOUBLE PAYMEN 50.00 212742 8/14/2009 005287 AMERICALL COMMUNICATIONS &, 124.26 7/21/2009 D6416-0709 SWM-AFTER HR CALL-OUT SVC COST 62.13 7/21/2009 D6416-0709 SWM-AFTER HR CALL-OUT SVC COST 62.13 212743 8/14/2009 001194 AMERICAN HOSE & FITTINGS INC, 8.41 7/8/2009 876738-001 MSFL T-HOSE/FITTINGS 8.41 212744 8/14/2009 001522 AMERICAN RED CROSS, 30.00 7/27/2009 10024275 FWCC-FIRST AID/CPR TRAINING 30.00 212745 8/14/2009 011148 AMERICAN TRAFFle SOLUTIONS INC, 20,875.00 7/31/2009 INVOOO02167 MC-7/09 RED LIGHT PHOTO 20,875.00 212746 8/14/2009 001378 APPLIED INDUSTRIAL, 148.27 7/21/2009 42413526 FWCC-SAFETY CLOTHING 12.68 7/20/2009 42413427 FWCC-SAFETY CLOTHING 135.59 212747 8/14/2009 006211 AQUATECHNEX, INC., 1,018.68 7/20/2009 2001 SWM-AG07-086 STLKAQUATIC PLAN 1,018.68 212748 8/14/2009 011637 ARCOA INDUSTRIES LLC, 321.60 7/3/2009 INV005175 SWR-L1TTER PICKERS; INVOICE #1 321.60 212749 8/14/2009 005822 ARMOR HOLDINGS FORENSICS, 73.24 7/24/2009 F09-146401 PD-RETABS (FINGER PRINTS) 73.24 212750 8/14/2009 005587 AVAYA INC, 769.64 8/1/2009 2729074938 IT- PBX MAINT 38.48 8/112009 2729074938 IT- PBX MAINT 346.34 Bank of America Page 17 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/1/2009 2729074938 IT- PBX MAINT 384.82 212751 8/14/2009 011555 AVEDISYAN, RUBEN 131.68 8/4/2009 08/04/09 Me-INTERPRETER sves 131.68 212752 8/14/2009 010964 BETTER BOUNCERS, 531.10 7/11/2009 1392 PRCS-PARTY BOUNCER 531.10 212753 8/14/2009 011064 BIOGROUPUSA, INC, 1,079.67 7/21/2009 403397 SWR-SWR-BIODEGRADEABLE BAG SAM 1,079.67 212754 8/14/2009 001630 BLUMENTHAL UNIFORM CO INC, 480.88 7/20/2009 758670 PD- PAU- BOOT ALLOWANCE 100.00 7/16/2009 756247 PO-EMPLOYEE POLOS 98.52 7/16/2009 756920 PD-VOLLMER, PANTS ALTERATIONS 146.13 7/24/2009 756919-01 PD-ACTING LT. UNIFORM BARS 13.03 7/24/2009 756511 PD-CRISPIN- BOOT ALLOWANCE 99.65 7/24/2009 758863 PD-KAMIYA- EMBLEMS 2.74 7/24/2009 756239 PD-PAU- FASTNERS 20.81 212755 8/14/2009 011289 BOWMAN, JASON 1,633.81 8/5/2009 JULY 2009 FWCC-AG09-015 PERSONAL TRAINER 1,633.81 212756 8/14/2009 006680 BOYLE, SHARON 57.59 7/27/2009 BOYLE-2009 PRCS-TWlRL POPS 3.00 7/27/2009 BOYLE-2009 PRCS-FLOWER SUCKERS 4.95 7/27/2009 BOYLE-2009 PRCS-FLOWER SUCKERS 4.95 7/27/2009 BOYLE-2009 PRCS-FOAM BALLS 1.09 7/27/2009 BOYLE-2009 PRCS-FOAMITAPE SUPPLIES 14.17 7/27/2009 BOYLE-2009 PRCS-TAPE/FOAM FROM DOLLAR TRE 5.45 7/27/2009 BOYLE-2009 PRCS-COINS 1.09 7/27/2009 BOYLE-2009 PRCS-TRAYS/GOGGLES 15.26 7/27/2009 BOYLE-2009 PRCS-GLlTTER LETTERS 3.27 7/27/2009 BOYLE-2009 PRCS-BALLS 4.36 212757 8/14/2009 009517 BOYLE, SHARON 304.49 7/27/2009 BOYLE-2009 PRCS-DEEP WELL PLASTIC FOR 2.17 7/27/2009 BOYLE-2009 PRCS-STAPLES FOR PROPS/SCENERY 3.25 7/27/2009 BOYLE-2009 PRCS-FLOWERS, THANK YOU GIFTS 17.31 7/27/2009 BOYLE-2009 PRCS-SCREWSIWOOD FOR PROPS/SCE 9.79 7/27/2009 BOYLE-2009 PRCS-SPONGES, FRIENDSHIP THEAT 10.90 7/27/2009 BOYLE-2009 PRCS-PAINT FOR PROPS/SCENERY F 3.29 7/27/2009 BOYLE-2009 PRCS-BASKETS, FRIENDSHIP THEAT 17.44 7/27/2009 BOYLE-2009 PRCS-LUMBER FOR PROPS/SCENERY 8.21 7/27/2009 BOYLE-2009 PRCS-FLOWERS - THANK YOU GIFTS 20.81 7/27/2009 BOYLE-2009 PRCS-BUBBLES. GIFTS FOR FRIEND 16.35 7/27/2009 BOYLE-2009 PRCS-LUMBER PAINT FOR PROPS/SC 23.21 7/27/2009 BOYLE-2009 PRCS-PAINT, PROPS/SCENERY FOR 6.83 7/27/2009 BOYLE-2009 FLOWERS FOR FRIENDSHIP THEATRE 10.95 7/27/2009 BOYLE-2009 PRCS-BASKETS & STARS FRIENDSHI 14.17 7/27/2009 BOYLE-2009 PRCS-CANDY BARS FOR CONCESSION 10.62 7/27/2009 BOYLE-2009 PRCS-CHICKEN FRIENDSHIP THEATR 85.40 7/27/2009 BOYLE-2009 PRCS-CHICKEN FRIENDSHIP THEATR 43.79 212758 8/14/2009 004919 BRATWEAR, 489.66 7/24/2009 315231 PO-WINTER JUMPSUIT 489.66 212759 8/14/2009 004866 BRIM TRACTOR COMPANY INC, 294.68 7/17/2009 WM05624 MSFLT-REPAIR/MAINT SVCS 147.34 7/17/2009 WM05623 MSFL T-REPAIR/MAINT SVCS 147.34 212760 8/14/2009 011649 BRODIE ENTERPRISES, INC, 328.50 7/24/2009 15815 FWCC-UPHOLSTERY SVCS 328.50 212761 8/14/2009 007087 BROWN ELLS INC, 131.49 7/20/2009 05472243.00 PO-FIREARMS TRNG TIMER 131.49 212762 8/14/2009 011592 BUSCH SYSTEMS INT'L INC, 2,705.00 7/3/2009 0000092299 SWR-FOOD SCRAP BueKETS; INVOIC 2,705.00 212763 8/14/2009 011655 BYKERK, ANDREA 168.60 8/7/2009 BYKERK 2009 MSHR-TUITION REIMB KYKERK 168.60 212764 8/14/2009 011282 CALKINS, NICHOLE 1,428.00 8/5/2009 JULY 2009 FWCC-AG09-16 PERSONAL TRNG S\(C 1,428.00 212765 8/14/2009 000991 CASCADE COFFEE INC, 50.00 8/3/2009 20585736 MSMD-COFFEE SUPPLIES MTGS 50.00 Bank of America Page 18 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 212766 8/14/2009 002351 CASCADE MOBILE MIX CONCRETE, 287.99 6/30/2009 24593 PWSWM-CONCRETE FOR 30011 26TH 287.99 212767 8/14/2009 011641 CASTAGNO, JACQUELINE 868.85 7/20/2009 09-01-210-632 RISK-J CASTAGNO 09-01-210-632 868.85 212768 8/14/2009 005573 CDW GOVERNMENT INC, 6,944.34 7/24/2009 PSF1266 MeAFEE AeTIVE VIRUS SCAN - 1 Y 1,711.21 7/17/2009 PQZ4480 PD- OFFENDER GRANT DC ADAPTER- 127.13 7/17/2009 PQZ4480 PD- GRANT DIGITAL eAMERA- 531.01 7/22/2009 PRT3714 PD- GRANT LAPTOP WARRANTY- 275.45 7/17/2009 PQZ4480 PD- GRANT LAPTOP- 2,312.86 7/17/2009 PQZ4480 PD- GRANT MEMORY- 57.00 7/24/2009 PSF1266 MCAFEE ACTIVE VIRUS SCAN - 1 Y 182.05 7/24/2009 PSF1266 MCAFEE ACTIVE VIRUS SCAN - 1 Y 1,747.63 212769 8/14/2009 011328 CECCANTIINC, 482,337.92 8/7/2009 AG09-122 #2 SWM-AG09-122 EASTER LK FLOOD C -6,850.08 8/7/2009 AG09-122 #2 SWM-AG09-122 EASTER LK FLOOD e 137,001.64 8/1/2009 AG09-035 #5 PWST-AG09-035 S 356TH INTERSEC -18,533.12 8/1/2009 AG09-035 #5 PWST-AG09-035 S 356TH INTERSEC 370,719.48 212770 8/14/2009 004430 CESSCO-THE CUT&CORE STORE INC, 271.56 7/27/2009 19357 PWS-CONCRETE/ASPHAL T; INVOICE 271.56 212771 8/14/2009 011568 eHANTHARANGSY,KHAMPHA 135.75 7/28/2009 07/28/09 MC-INTERPRETER SVCS 135.75 212772 8/14/2009 011159 CHG BUILDING SYSTEMS, INC, 7,733.90 5/20/2009 AG08-170 RETAINAGE PARKS-AG08-170 CHG RELEASE RET 7,733.90 212773 8/14/2009 005238 CHI, MIKE 248.46 8/4/2009 CHI 2009 PD-WSSO SAFETY TRAINING IN KEN 248.46 212774 8/14/2009 007368 CHIEF SUPPLY CORPORATION, 115.96 7/16/2009 284350 PD-PANDEMIC H1NI SUPPLIES 115.96 212775 8/14/2009 007443 CITIES INSURANCE ASSO OF WA. 300.00 7/29/2009 6089 RM-STEEL LAKE - ALEX WHITE; RM 300.00 212776 8/14/2009 004838 CITY OF ENUMCLAW, 990.00 8/3/2009 5845 PD-(7/09) PRISONER LODGING 990.00 212777 8/14/2009 000951 CITY OF FEDERAL WAY, 6,850.08 8/7/2009 AG09-122 #2 SWM-AG09-122 EASTER LK FLOOD e 6,850.08 212778 8/14/2009 010360 CITY OF FEDERAL WAY, 3,029.04 8/12/2009 CK #1107 PD-WSLEFIA CONF. BASSAGE 354.40 8/4/2009 CK#1108 PD-WSLEFIA CONF. C WALKER 354.40 8/6/2009 CK#1111 PD-TASER CONF. B SKINNER 666.40 8/12/2009 CK#1107 PD-WSLEFIA CONF. BASSAGE 200.00 8/4/2009 CK#1108 PD-WSLEFIA CONF. C WALKER 200.00 8/6/2009 CK#1111 PD-TASER CONF. B SKINNER 290.00 8/11/2009 CK #1109 PD-WSSO SCHL SAFETY TRNG-GREEN 145.00 8/6/2009 CK#1110 PD-WSSO SCHL SAFETY TRNG TUDOR 145.00 8/11/2009 CK#1109 PD-WSSO SCHL SAFETY TRNG-GREEN 336.92 8/6/2009 CK#1110 PD-WSSO SCHL SAFETY TRNG TUDOR 336.92 212779 8/14/2009 005817 CITY OF FIFE, 22,464.22 7/10/2009 0004982 PD-(6/09) JAIL SVCS AG01-72- 22,464.22 212780 8/14/2009 003752 COASTWlDE SUPPLY DBA, 4,667.76 7/17/2009 T2084794 DBC-JANITORIAL SUPPLIES 382.10 7/22/2009 T2086370 PKM-JANITORIAL SUPPLIES 328.05 7/22/2009 T2086370 PKM-JANITORIAL SUPPLIES 197.64 7/14/2009 W2083004 FWCC-JANITORIAL SUPPLIES 738.69 7/23/2009 W2086604 FWCC-JANITORIAL SUPPLIES 703.47 7/20/2009 T2085300 PKCP-JANITORIAL SUPPLIES 585.69 7/22/2009 T2086349 CHG-JANITORIAL SUPPLIES 1,395.93 7/29/2009 T2084891-1 CHB-JANITORIAL SUPPLIES 336.19 212781 8/14/2009 011329 COLUMBIA BANK, 18,533.12 8/1/2009 AG09-035 #5 PWST-AG09-035 S 356TH INTERSEe -15,333.12 8/1/2009 AG09-035 #5 PWST-AG09-035 S 356TH INTERSEC 33,866.24 8/1/2009 AG09-035 #5 PWST-AG09-035 S 356TH INTERSEe 18,533.12 8/1/2009 AG09-035 #5 PWST-AG09-035 S 356TH INTERSEC -18,533.12 212782 8/14/2009 011117 COMMERCIAL FILTER SALES & SVC, 765.92 Bank of America Page 19 of 36 eheck No. Date Vendor Inv Date Invoice Description Amount Check Total 7/9/2009 239737 eHB-HVAC FILTERS 765.92 212783 8/14/2009 007591 COMMERCIAL SPACE ONLINE INC, 100.00 8/1/2009 72813 CM/ED - PROPERTY DATABASE SERV 100.00 212784 8/14/2009 008381 CONOCOPHILLlPS FLEET, 73.24 7/26/2009 870165123907 PD-FLEET FUEL 73.24 212785 8/14/2009 000721 CORLISS RESOURCES INC, 985.82 7/16/2009 217324 SWM-UTILlTY PEA GRAVEL 173.54 7/21/2009 217835 SWM-TOPSOIL, GRAVEL 177.03 7/14/2009 217049 SWM- TOPSOIL 202.53 7/21/2009 217835 SWM-TOPSOIL, GRAVEL 148.92 7/10/2009 216729 PKM-WASHED SAND/INV#216729 101.50 7/23/2009 217984 PWST-336TH & 9TH PleKUP 182.30 212786 8/14/2009 000771 COSTCO/HSBC BUSINESS SOLUTIONS, 3,117.65 7/26/2009 JULY 2009 Ce-eOUNCIL DINNER 69.83 7/26/2009 JULY 2009 CC-COUNCIL DINNER 78.73 7/26/2009 JULY 2009 PRCS-BATTERIES 14.22 7/26/2009 JULY 2009 PRCS-DAY CAMP SUPPLIES 383.24 7/26/2009 JULY 2009 PRCS-DAY CAMP SUPPLIES 491.36 7/26/2009 JULY 2009 CDHS-HISPANIC COMMUNITY MTG 48.56 7/26/2009 JULY 2009 PD-PATROL-COSTCO SUPPLIES 488.12 7/26/2009 JULY 2009 MSF-CAFR PRINTING 0.66 7/26/2009 JULY 2009 MSF-CAFR PRINTING 194.66 7/26/2009 JULY 2009 PRCS-RW&B HOTDOG CONTEST & STA 430.99 7/26/2009 JULY 2009 PRCS"RW&B VOLUNTEER BAGS 109.60 7/26/2009 JULY 2009 CDHS-O'DONNELL PUBLIC RECEPTIO 16.99 7/26/2009 JULY 2009 FWCC-RESALE ITEMS 118.20 7/26/2009 JULY 2009 FWCC-RESALE ITEMS 672.49 212787 8/14/2009 002336 CRAFT CARPETS INC, 67.89 8/4/2009 115855 PARKS-CARPET GLUE 67.89 212788 8/14/2009 011315 CROP PRODUCTION SERVICES, INC, 1,925.45 7/24/2009 203591 PKM-TURFACE FOR CELEBRATION 1,925.45 212789 8/14/2009 009240 CROUCH, KELLY 330.91 8/4/2009 CROUCH 2009 PD-CRIME ANALYSIS TRNG CROUCH 30.00 8/4/2009 CROUCH 2009 PD-CRIME ANALYSIS TRNG CROUCH 300.91 212790 8/14/2009 010015 CUTHBERT, GAil 2,082.80 8/5/2009 JULY 2009 FWCC-AG07-085 FITNESS TRAINING 2.082.80 212791 8/14/2009 007552 D J IMPRINTS, 3,606.52 5/12/2009 226826 PD-FOUNDING MEMBER CLUTCHES 228.58 7/23/2009 227416 PRCS-RECREATION T-SHIRTS 177.12 7/9/2009 227350 FWCC-BIGGEST LOSER T-SHIRT 121.82 7/23/2009 227427 FWCC-YOUTH BASKETBALL T-SHIRTS 258.42 7/23/2009 227419 PRCS-RECREATION T-SHIRTS 787.31 7/29/2009 227367 PD-MEDALS/AWARDS 2,033.27 212792 8/14/2009 011633 DAVALOS, eARLOS 100.00 6/16/2009 09-DAVALOS PRCS-ART COMPETITION AWARD 100.00 212793 8/14/2009 005922 DEX MEDIA WEST, 90.00 8/7/2009 200565236 PKKFT-7/09 DIRECTORY ADS 90.00 212794 8/14/2009 011616 DIETRICH SON, TOR 491.24 7/23/2009 09-01-210-628 RISK-09-01-21 0-628 DIETRICH 491.24 212795 8/14/2009 005341 DODD, ESCOLASTICA ROSA 394.93 8/5/2009 08/05/09 MC-INTERPRETER SVCS 123.31 8/4/2009 08/04/09 Me-INTERPRETER sves 123.31 7/28/2009 07/28/09 MC-INTERPRETER SVCS 148.31 212796 8/14/2009 006012 DOHERTY, PATRleK 346.50 8/3/2009 DOHERTY 2009 CM-ICSC CONF. P. DOHERTY 346.50 212797 8/14/2009 000570 EAGLE TIRE & AUTOMOTIVE (DBA), 1,020.96 7/23/2009 1069379 PD-LOF 39.42 7/27/2009 1069425 PD-LOF 34.99 7/27/2009 1069439 PD-ELEeTRleAL WORK 213.29 7/27/2009 1069439 PD-TIRES 60.31 7/21/2009 1069328 PD-BRAKE SERVICE 1.00 7/21/2009 1069328 PO-BRAKE SERVICE 142.21 7/23/2009 1069379 PO-DIAGNOSTIC SERVICE 68.98 Bank of America Page 20 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/27/2009 1069439 PD-BRAKE SERVICE 344.34 8/3/2009 1069549 PD-TIRE REPAIR 16.76 7/23/2009 1069379 PD-BRAKE SERVICE 26.26 7/25/2009 1069398 MSFL T-LOF 73.40 212798 8/14/2009 008141 EAST JORDAN IRON WORKS INC, 394.20 7/10/2009 3180380 SWM-INFRA-RISER FOR CATCH BASI 394.20 212799 8/14/2009 010030 ECOLAB INC, 203.07 7/19/2009 9767057 DBC-DISHWASHER RENTAL 203.07 212800 8/14/2009 007919 EMPIRE FACILITY SERVICES INC, 209.69 7/23/2009 14553 PO-OFFICE CHAIR 209.69 212801 8/14/2009 011648 ENGLE, ERIC & DIANNE 290.40 7/29/2009 08-105843 REFUND CD-PLAN REVIEW REFUND 114.40 7/29/2009 08-105843 REFUND CD-PLAN REVIEW REFUND 176.00 212802 8/14/2009 001046 EQUIFAX CREDIT INFORMATION SVC, 20.00 7/21/2009 4718632 PD-7/09 CREDIT REPORTS 20.00 212803 8/14/2009 000328 ERNIE'S FUEL STOPS (DBA), 11,472.52 7/31/2009 0313687 PD-VEHICLE FUEL CHARGES 7/15-7 10,723.71 7/31/2009 0313687 SIU -VEHleLE FUEL CHARGES 7/15 656.23 7/31/2009 0313687 SIU -VEHleLE FUEL CHARGES 7/15 748.81 7/31/2009 0313687 SIU -VEHICLE FUEL CHARGES 7/15 -656.23 212804 8/14/2009 002899 ESA ADOLFSON, 735.37 7/9/2009 85807 CD-#05-01957 SINGH WETLAND CON -735.37 7/9/2009 85807 CD-#05-01957 SINGH WETLAND CON 735.37 7/9/2009 85807 CD-#05-01957 SINGH WETLAND CON 735.37 212805 8/14/2009 001748 EVERSON'S ECONO-VAC INC, 532.50 7/22/2009 063611 PKM-ROOT CUT STORM L1NElINV#06 532.50 212806 8/14/2009 004015 EXPERT INTERPRETING SERVICES, 238.56 4/10/2009 APRIL 10, 2009 PD-INTERPRETER SERVICES 238.56 212807 8/14/2009 011498 EXTRACTOR CORPORATION, 100.00 7/14/2009 09-1049 FWCC-POOL SUPPLlES/PARTS- 100.00 212808 8/14/2009 005820 FASTSIGNS, 808.68 7/6/2009 370-14447 PKM-MISC SIGNS: SWIMMING IN ST 808.68 212809 8/14/2009 000217 FEDERAL EXPRESS CORPORATION, 70.07 7/31/2009 9-281-04817 FEDERAL EXPRESS SVC 12.39 7/31/2009 9-281-04817 FEDERAL EXPRESS SVC 8.02 7/31/2009 9-281-04817 FEDERAL EXPRESS SVC 49.66 212810 8/14/2009 000229 FEDERAL WAY CHAMBER COMMERCE, 600.00 8/10/2009 8669 CM - BRIAN WILSON AUGUST 2009 20.00 8/10/2009 8669 CC - JEANNE BURBIDGE, DINI DUC 60.00 8/10/2009 8669 PW - JEANNETTE BRIZENDINE AUGU 20.00 8/1/2009 6554 CM/ED - TOURISM CONTRACT FOR A 250.00 7/1/2009 6553 CM/ED - TOURISM CONTRACT FOR J 250.00 212811 8/14/2009 001183 FEDERAL WAY PUBLIC SCHOOLS, 182.25 7/24/2009 ar06852 PKM-HALF UTILITY FEES AT SAGHA 182.25 212812 8/14/2009 001893 FEDERAL WAY SCHOOL DISTRICT, 12.953.53 8/7/2009 SIF-JUL Y 2009 MS-7/09 SCHOOL IMPACT FEES REM 7.53 8/7/2009 SIF-JUL Y 2009 MS-7/09 SCHOOL IMPACT FEES REM 12,946.00 212813 8/14/2009 011667 FEDEX OFFICE, 512.39 4/15/2009 515100005415 MSF-CAFR SUPPLIES 14.77 7/7/2009 OC-375245 CMED-MARKETING MATL 25.00 5/15/2009 515100005486 CMED-MARKETING MATL 446.22 7/17/2009 515100005646 CMED-MARKETING MATL 26.40 212814 8/14/2009 011665 FEMA-NATL. EMERGENCY TRAINING, 7,159.50 8/13/2009 AUGUST 13, 2009 EOC-MEAL TICKETS FOR IEMC; INT 7,159.50 212815 8/14/2009 002955 FERRELLS FIRE EXTINGUISHER CO, 76.65 7/20/2009 13396 PKM-FIRE EXTINGUISHER & 76.65 212816 8/14/2009 001686 FIRST CHOICE BUSINESS MAeHINES, 118.26 7/25/2009 2821407 IT-CD COPIER RPR,MNT,SUP 118.26 212817 8/14/2009 010305 FIRST STUDENT, 2,077.50 7/24/2009 10262713 PRCS-TRANSPORTATION TO KENT VA 892.50 7/30/2009 10264595 PReS-TRANSPORTATION TO DASH PO 1,185.00 212818 8/14/2009 002664 FLEX-PLAN SERVICES INC, 231.60 Bank of America Page 21 of 36 Check No. Date Vendor Inv Date Invoice Description Amount eheck T olal 7/31/2009 142211 MSHR-FLEX PLAN ADM SVCS 231.60 212819 8/14/2009 008860 FOOD SERVICES OF AMERICA, 1,255.17 7/29/2009 1471723 DBC-CATERING SUPPLIES 1,194.33 , 7/23/2009 1458128 DBC-CATERING SUPPLIES 60.84 212820 8/14/2009 001669 FOSTER PEPPER & SHEFELMAN PLLC, 4,190.60 7/30/2009 925296 LAW-AG09-139 LEGAL SERVICES- 4,190.60 212821 8/14/2009 002870 FREEWAY TRAILER SALES INC, 70.99 7/28/2009 788070 MSFL T-VEHICLE REPAIRS/SUPPLIES 40.43 7/24/2009 082582 PWS-REPAIR AND MAINTENANCE SUP 30.56 212822 8/14/2009 009242 FSH COMMUNICATIONS LLC, 80.00 8/1/2009 000299502 IT-FSH PAYPHONE SVCS 80.00 212823 8/14/2009 004566 G&M HONEST PERFORMANCE, 67.25 7/23/2009 126013 MSFLT-RUBBER MATS 62.32 7/22/2009 125969 MSFL T-REPAIR SUPPLIES 4.93 212824 8/14/2009 009274 GEBKEN, ROBIN 221.60 8/10/2009 19825 PReS-ODD PAID FOR CLASSES 221.60 212825 8/14/2009 011650 GEBREMICHAEL, MERIAM 120.90 8/4/2009 08/04/09 MC-INTERPRETER SVCS 120.90 212826 8/14/2009 010841 GIARD, RON 1,375.00 8/11/2009 7/15/09 - 8/19/09 PRCS-SUMMER SOUNDS TECH. 1,375.00 212827 8/14/2009 011660 GOLIGHTLY, GARRY 300.00 7/29/2009 MAY 8, 2009 PRCS-KIDS DAY ENTERTAINER 300.00 212828 8/14/2009 011656 GONZALEZ. EDWIN 100.00 6/16/2009 09-GONZALEZ PRCS-ART eOMPETITION AWARD 100.00 212829 8/14/2009 010940 GOODYEAR WHOLESALE TIRE CNTR, 1,159.17 7/27/2009 134412 PO-TIRES FOR INVENTORY 870.51 7/27/2009 134436 PO-TIRES FOR INVENTORY 288.66 212830 8/14/2009 004824 GOS PRINTING CORPORATION, 232.93 7/21/2009 73009 PO-PROPERTY NOTICE FORMS 232.93 212831 8/14/2009 002547 GRAINGER INC, 492.80 7/28/2009 9043816561 PKM-NECK TIE/HEADBAND FOR 25.12 7/28/2009 9043816553 PKM-NECK TIE/HEADBANDS FOR 125.58 7/15/2009 9035361345 FWCC-STOOL 287.06 7/22/2009 9040298144 FweC-BUFFER PADS 55.04 212832 8/14/2009 010738 GREEN EFFECTS, INC, 2,837.50 8/3/2009 27684 PARK-AG08-067 LANDSCAPING MAIN 2,186.28 8/3/2009 27683 PARK-AG08-067 LANDSCAPING MAIN 651.22 212833 8/14/2009 010106 GRETTE ASSOCIATES, 1,327.00 7/15/2009 29463 CD-RCPT 05-00270 EICHHOL TZ- 52.00 7/1/2009 29431 CD-RCPT 04-01867 ST LUKE BUFFE 225.00 7/15/2009 29462 CD-RCPT #04-01868 HAHN WETLAN 1,050.00 7/15/2009 29462 CD-RCPT #04-01868 HAHN WET LAN 1,050.00 7/1/2009 29431 CD-RCPT 04-01867 ST LUKE BUFFE 225.00 7/1/2009 29431 CD-RCPT 04-01867 ST LUKE BUFFE -225.00 7/15/2009 29462 CD-RCPT #04-01868 HAHN WETLAN -1,050.00 212834 8/14/2009 003831 GSR POLYGRAPH SERVICES, 300.00 7/31/2009 09-013 PO-POLYGRAPH EXAMS 300.00 212835 8/14/2009 011528 GUNDERSON, ERIK 47.50 6/15/2009 629688 FWCC-REFUND MAY EFT 47.50 212836 8/14/2009 000671 H 0 FOWLER COMPANY, 817.56 7/14/2009 12563562 SWM-HEAT SHRINK & STRAPS 817.56 212837 8/14/2009 011662 HAGIMISTER, ALICIA 26.00 8/10/2009 32103 PRCS-CLASS FEE REFUND UNABLE T 26.00 212838 8/14/2009 009319 HAN WOO-RI FESTIVAL, 8,409.22 8/10/2009 AUGUST 10, 2009 CM-2009 CONTRIBUTION 8,409.22 212839 8/14/2009 001367 HDR ENGINEERING INC, 47,880.85 7/30/2009 00123958-H PWST-AG09-018 356TH INTERSECTI 47,880.85 212840 8/14/2009 003841 HEAD-QUARTERS PTS, 662.25 8/1/2009 21544 PARKS-AG06-052 PORTABLE TOILET 662.25 212841 8/14/2009 000748 HIGHLlNE COMMUNITY COLLEGE, 150.00 8/3/2009 30210 DBC-DAMAGE DEPOSIT REFUND 150.00 212842 8/14/2009 011658 HINES, WILLIAM 150.00 Bank of America Page 22 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/29/2009 AUGUST 5, 2009 PRCS-RHYTHM/CIRCLE PERFORMANCE 150.00 212843 8/14/2009 002477 HOME DEPOT-DEPT 32-2500780030, 38.33 7/28/2009 JULY 2009 SWM-12' PROFILE 38.33 212844 8/14/2009 009785 HOWARD, TODD 250.00 7/23/2009 79 eM-AG09-003 CONFLleT DEFENDER 250.00 212845 8/14/2009 003560 HUNTERS TREE SERVICE, 684.38 7/30/2009 2359 PWST-TREE REMOVAL AND CLEANUP 684.38 212846 8/14/2009 003256 HURLEY ENGINEERING COMPANY, 117.17 7/15/2009 20877 FWeC-PUMP LEAK INSPECTION 117.17 212847 8/14/2009 010758 HYNDEN, L YNNETTE 175.74 7/23/2009 HYNDEN 2009 CDHS-B/09 - 7/09 - HYNDEN MILE 175.74 212848 8/14/2009 001431 ICON MATERIALS INC, 238.16 7/24/2009 50-1327846 PWST-ASPHAL TOIL 238.16 212849 8/14/2009 001240 INRO CONSULTANTS INC, 662.60 8/1/2009 24249 IT-EMME SOFTWARE SUPPORT 2009 662.60 212850 8/14/2009 004957 INTERNATIONAL CONFERENCE OF, 125.00 8/1/2009 27992 PO-ANNUAL DUES - DENNIS AUSTIN 125.00 212851 8/14/2009 010737 INTERWEST DEVELOPMENT NW INC, 107.08 7/10/2009 59097 PKM-5/8 MINUS GRAVEUINV#59097 57.24 7/16/2009 59277 PKM-GARDEN SOIUINV#59277 49.84 212852 8/14/2009 007365 IQ&IAM, 151.46 8/3/2009 30208 DBC-REFUND DEPOSIT/OVERPAY 151.46 212853 8/14/2009 009079 J AND Y INVESTMENT LLC, 275.00 8/5/2009 AUGUST 2009 MIS-AG05-126 WlFI SITE LEASE 7 275.00 212854 8/14/2009 011659 JACKSON, KILE RAY 600.00 8/6/2009 AUGUST 19, 2009 PRCS-STLK PARK BAND PERFORMANC 600.00 212855 8/14/2009 010605 JACOBSON, ELIZABETH 419.60 7/30/2009 JULY 2009 PRCS-BALLROOM DANCE CLASSES- 419.60 212856 8/14/2009 011666 JAMS, INe, 1,975.00 8/12/2009 0001791198-160 LAW-GARNER MEDIATION FEES 1,975.00 212857 8/14/2009 003514 JANUS GROUP, THE 7,800.00 7/29/2009 09-CFW-1 MSHR-AG09_130 OUTPLACEMENT SVC 1,000.00 8/5/2009 09-CFW-2 MSHR-AG09-130 OUTPLACEMENT SVC 6,800.00 212858 8/14/2009 011632 JENSEN, JEREMY 50.00 6/19/2009 09-JENSEN PRCS-ART COMPETITION AWARD 50.00 212859 8/14/2009 005656 JIM'S DETAIL SHOP, 191.63 7/21/2009 13233F PO-FIRE EXTINGUISHER IN TRUNK 54.75 7/28/2009 13236F MSFL T-COMPLETE DETAIL 136.88 212860 8/14/2009 011661 JOHNSON, PATRICIA 26.00 8/10/2009 32102 PRCS-CLASS FEE REFUND 26.00 212861 8/14/2009 009747 K9 STORM, 2,188.35 6/9/2009 9310 PD-K-9 VEST FOR FAX- 2,188.35 212862 8/14/2009 007780 KICKIT GRAPHleS INC, 179.58 7/24/2009 92463 PD-POLO SHIRTS -TRAFFIC SCHL 179.58 212863 8/14/2009 011501 KIDZ LOVE SOCCER INC, 6,243.75 5/18/2009 2009SP-F159 FWCC-AG09-155 YOUTH SOCCER- 6,243.75 212864 8/14/2009 010608 KINDERMUSIK WITH MAICA, 266.00 7/31/2009 JULY 2009 PRCS-AG08-016 MUSIC CLASSES- 266.00 212865 8/14/2009 000373 KING COUNTY BAR ASSOCIATION, 265.00 7/28/2009 KC BAR DUES-2009 LAW; KING COUNTY BAR DUES; PAR 265.00 212866 8/14/2009 001259 KING COUNTY CRIME VICTIMS FUND, 1,682.47 8/11/2009 JULY 2009 MSF-REMIT LAW LIBRARY FEES -1.60 8/11/2009 JULY 2009 MSF-REMIT CRIME VICTIM FEES - 1,684.07 212867 8/14/2009 000125 KING COUNTY FINANCE DIVISION, 100,900.65 7/23/2009 1535320 IT-8/09 NET SVCS 262.00 7/20/2009 1534975 PWST-6/09 DISe INVST 2009 OVER 149.54 7/23/2009 1535320 IT-8/09 NET SVCS 419.20 7/23/2009 1535320 IT-8/09 NET sves 262.00 7/20/2009 1534974 PWTR-6/09 DISC BPA FLASHERS 2,440.34 7/20/2009 1534975 PWT-6/09 DISC INVST TRFFC-CAPI 61.54 6/16/2009 1530927 RISK KC DISC - POLE/SIGNAL REP 5,042.63 7/20/2009 1534971 RISH-6/09 SIGNAUPOLE REPAIRS 1,919.10 Bank of America Page 23 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/23/2009 1535320 IT-8/09 NET SVCS 104.80 7/20/2009 1534975 PWf-(6/09) DISC INVSTGTN TRFFC -4,531.65 7/20/2009 1534975 PWf-6/09 DISC INVST NTS/SCHOOL 2,161.34 7/20/2009 1534974 PWf-6/09 DISC INVSTGTN TRFFC- 6,347.06 8/5/2009 1534973 PWfR-6/09 BSC SIGN/MRKNGS MTN 657.98 8/5/2009 1534970 PWfR-6/09 BSC SIGN/MRKNGS MTN 34,147.27 7/20/2009 1534975 PD-6/09 DISC INVST SAFE CITY 242.37 7/20/2009 1534975 PWST-356TH SR99 DISC INVST 574.26 7/23/2009 1535785 PD-6/09 KING CO JAIL- 50,640.87 212868 8/14/2009 000376 KING eOUNTY FINANeE DIVISION, 22,120.92 7/17/2009 WRIA9"4497 SWM-AG#01-096 WRI WATERSHED BA 4,057.01 7/17/2009 WRIA9-4497 SWM-AG#01-096 WRI WATERSHED BA 3,149.66 7/20/2009 SWM FEES #2009-1 AG90-23D SWM UTILITY BILLINGS 14,914.25 212869 8/14/2009 000564 KING COUNTY PET LICENSE, 1,337.00 8/11/2009 JULY 2009 MSF-REMIT KC PET FEES REMIT FE 1,337.00 212870 8/14/2009 003898 KING eOUNTY RADIO, 8,431.87 7/20/2009 2929 IT-PD-RADIO MAl NT/REPAIR 8,431.87 212871 8/14/2009 011647 KNANNLEIN, JAMES R 55.20 7/29/2009 04-01583 REFUND CD-04-01583 REFUND PERMIT CANC 55.20 212872 8/14/2009 011668 KOMO-AM, 1,885.00 6/30/2009 IN-1090636118 CMED-BUSINESS ON THE MOVE RADI 1,885.00 212873 8/14/2009 011584 KOMPAN INC, 660.45 6/17/2009 SI10098 PKM-CELEBRATION PARK PLAYGROUN 660.45 212874 8/14/2009 001160 KUKER-RANKEN INC, 42.71 7/21/2009 352330-001 PW-WRITE IN RAIN TABLETS 14.23 7/21/2009 352330-001 PW-WRITE IN RAIN TABLETS 28.48 212875 8/14/2009 003399 KVASNYUK, NIKOLAY 215.40 5/19/2009 05/19/09 MC-INTERPRETER SVCS 107.70 7/28/2009 07/28/09 MC-INTERPRETER SVCS 107.70 212876 8/14/2009 000096 LAKEHAVEN UTILITY DISTRICT, 1,430.38 7/31/2009 1014202 PARKS-SEWER CHARGES MAY/JUNE 56.78 7/31/2009 1014202 PARKS-FAC-WATER CHARGES MAY/JU 86.88 7/31/2009 2592802 PARKS-FAC WATER CHARGES MAY/JU 16.44 7/31/2009 2906301 PARKS-FAC- WATER CHARGES APR/M 992.86 7/24/2009 2798301 PARKS-FAC- WATER CHARGES APR/M 60.86 7/31/2009 2781501 PARSK-FAC- WATER eHARGES MAY/J 32.92 7/31/2009 3059601 PARKS-FAC WATER CHARGES MAY/JU 18.50 7/24/2009 2781401 PARKS-FAC-WATER CHARGES APR/MA 16.44 7/24/2009 2830801 PARKS-FAC- WATER CHARGES APR/M 60.86 7/24/2009 3042401 PWST-WATER CHARGES APR/MAY 16.44 7/24/2009 3341801 PWST-WATER CHARGES APR/MAY 16.44 7/24/2009 3341901 PWST-WATER CHARGES APR/MAY 16.44 7/24/2009 3519201 PWST-WATER CHARGES APR/MAY 16.44 7/24/2009 2961501 PWST-WATER CHARGES APR/MAY 16.44 7/31/2009 3131501 PARKS-FAC STREET LIGHT JUN/JUL Y 5.64 212877 8/14/2009 010846 LANPHERE MOTORSPORTS OF WA, 280.71 6/25/2009 2211987 PO-MIRROR ASSY. 128.61 6/25/2009 253046 PD-OLF, LAMP, GASKET 152.10 212878 8/14/2009 007050 LAW OFFICES OF HAL GEIERSBACH, 1,779.90 6/15/2009 22569 LAW; VERNON & ASSOC CT REPORTE 1,779.90 212879 8/14/2009 007985 LINCOLN EQUIPMENT INC, 104.10 7/20/2009 SI120348 PRCS-DIVING BOARD REPAIR PARTS 104.10 212880 8/14/2009 000630 LLOYD ENTERPRISES INC, 545.85 7/20/2009 131893 PWST/SWM-CONCRETE MIX 260.47 7/27/2009 132329 PWST-CONCRETE MIX 136.79 7/20/2009 131893 PWST/SWM-CONCRETE MIX 70.95 7/14/2009 132006 PKM-DRY FILL & CONCRETE 77.64 212881 8/14/2009 005339 LOWE'S HIW INC, 540.54 7/23/2009 14002 PKM-EZ CHANNEL, PVC PIPE/MATL 117.52 7/28/2009 14725 FWCC-BATTERIES, GROMMETS 169.34 7/27/2009 14238 SWM-TAPE MEASURE 14.43 8/3/2009 14396 PKF-EDGE SCRAPER, PUTTY KNIFE 82.44 7/31/2009 02169 PKF-FLOOR SeRAPERS 142.04 Bank of America Page 24 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 8/3/2009 14415 PD-SPEED WATCH TRAILER REPAIR 14.77 212882 8/14/2009 010193 M e ROCK LLe, 2,989.50 8/12/2009 01-63401 REFUND PW-01-63401 BOND FINAL RELEASE 2,989.50 212883 8/14/2009 007805 MAC DONALD-MILLER FACILITY. 485.85 7/30/2009 928956 eHB-RESENT eOMPRESSOR ADJ. BEL 485.85 212884 8/14/2009 011460 MAIL, COpy & MORE, 735.84 7/31/2009 44154 CM/ED - TOURISM MAP AND CALEND 735.84 212885 8/14/2009 004182 MCDONOUGH & SONS INC, 4,605.38 7/31/2009 164763 PARK5-AG06-027-PARKING LOT CLE 515.49 7/31/2009 164763 PARKS-AG06-027-PARKING LOT CLE 59.83 7/31/2009 164756 PWST-AG09-008 STREET SWEEPING- 3,919.17 7/31/2009 164763 PARKS-AG06-027-PARKING LOT CLE 110.89 212886 8/14/2009 010256 MCMASTER-CARR, 194.33 7/22/2009 33661345 FWeC-PVc PIPE 194.33 212887 8/14/2009 010592 MEIER ENTERPRISES, 6,140.95 6/18/2009 7145 eD-04-02058 LAKOTA SeHL- -124.71 2/18/2009 6603 CD-01-74575 LAKOTA SCHL- -2,000.00 2/18/2009 6603 CD-04-02058 LAKOTA SCHL- -771.00 6/18/2009 7144 CD-01-74575 LAKOTA SCHL- -112.74 9/12/2008 5885 CD-05-00350 HAMPTON INN -627.50 2/18/2009 6602 CD-4-02058 LAKOTA SCHL- -617.74 2/18/2009 6602 CD-01-74575 LAKOTA SCHL- -1,887.26 6/18/2009 7145 CD-04-02058 LAKOTA SCHL- 124.71 2/18/2009 6602 CD-01-74575 LAKOTA SCHL- 1,887.26 2/18/2009 6603 CD-01-74575 LAKOTA SCHL- 2,000.00 6/18/2009 7144 CD-01-74575 LAKOTA SCHL- 112.74 9/12/2008 5885 CD-05-00350 HAMPTON INN 627.50 2/18/2009 6602 eD-4-02058 LAKOTA SCHL- 617.74 2/18/2009 6603 eD-04-02058 LAKOTA SCHL- 771.00 6/18/2009 7145 CD-04-02058 LAKOTA SCHL- 124.71 2/18/2009 6603 CD-04-02058 LAKOTA SCHL- 771.00 2/18/2009 6602 CD-4-02058 LAKOTA SCHL- 617.74 6/18/2009 7144 CD-01-74575 LAKOTA SCHL- 112.74 9/12/2008 5885 CD--05-00350 HAMPTON INN- 627.50 2/18/2009 6602 CD-01-74575 LAKOTA SCHL- 1,887.26 2/18/2009 6603 CD-01-74575 LAKOTA SCHL- 2,000.00 212888 8/14/2009 005176 MERINO STRAWE, BETTY 131.05 7/28/2009 07/28/09 MC-INTERPRETER SVCS 131.05 212889 8/14/2009 001793 MICROFLEX INC, 158.02 7/20/2009 00018694 MSA-TAX AUDIT PROGRAM- 158.02 212890 8/14/2009 008029 MONTES DE OCA RICKS, MARIA 109.35 7/30/2009 07/30/09 MC-INTERPRETER SVCS 109.35 212891 8/14/2009 000228 MULTI-SERVICE CENTER, 15,450.00 7/16/2009 1ST QTR 2009 CDHS-AG09-064 TRANSITION HOUSI 5,950.00 7/16/2009 1ST QTR 2009 CDHS-AG09-064 TRANSITION HOUSI 9,500.00 212892 8/14/2009 011652 MUNDELL, TERRA 300.00 8/3/2009 30211 DBC-DAMAGE DEPOSIT REFUND 300.00 212893 8/14/2009 008500 NATIONAL eONSTRUCTION RENTALS, 8.94 7/8/2009 2727162 RM-RAILlNG @ 16TH & PAC HWY S. 8.94 212894 8/14/2009 000043 NEW LUMBER & HARDWARE COMPANY, 147.11 8/4/2009 239005 FWCC-POOL-AAA BATTERY 15.31 7/22/2009 238597 PWST-MISC SeREWS/BOL TS SeREW D 5.80 7/29/2009 238792 PWST- CLEANER/DEGREASER, WD 40 21.86 8/5/2009 239010 PWST-FOAM SEALANT 5.90 7/27/2009 238695 MSFLT-PARTS FOR TRAILER 7.38 7/22/2009 238567 PARK5-GRND MNTO- ST LK SITE 1 9.07 7/24/2009 238658 PARKS-GRND MNT-SANDING SUPPLlE 8.90 7/30/2009 238817 PARKS-CELEB PK- SOCCER GOAL PA 47.29 7/30/2009 238818 PARKS-CELEB PK SOCCER NET TIES 25.60 212895 8/14/2009 000089 NEWS TRIBUNE, 449.24 7/5/2009 S1379720800 MSHR-EMPLOYMENT ADS 449.24 212896 8/14/2009 003138 NORMED, 2,310.99 7/24/2009 12378-570499 PO-GLOVES 702.11 Bank of America Page 25 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check T olal 7/17/2009 12378-570101 PD-GLOVES 702.11 7/23/2009 12378-570437 PD-POLlCE ANTISEPTIC GEUSUP 227.06 7/31/2009 12378-570963 PD-GLOVES 516.84 7/31/2009 12378-570962 PD-RESPIRATORS 162.87 212897 8/14/2009 005493 NORTHWEST EMBROIDERY INC, 174.88 7/27/2009 58703 PD-EMBROIDERY UNIFORM CLOTHING 174.88 212898 8/14/2009 003736 NORTHWEST TOWING INC, 193.82 8/3/2009 403778 PO-TOWING sve eASE 09-10057 193.82 212899 8/14/2009 011290 NUTRISH, 500.00 6/29/2009 1003 FWCC-BIGGEST LOSER SPEAKER 500.00 212900 8/14/2009 000007 OFFICEMAX CONTRACT INC, 186.07 7/31/2009 JULY 2009 JULY 09 OFFICEMAX SUPPLIES 49.21 7/31/2009 JULY 2009 JULY 09 OFFICEMAX SUPPLIES 69.97 7/31/2009 JULY 2009 JULY 09 OFFICEMAX SUPPLIES 40.38 7/31/2009 JULY 2009 JULY 09 OFFICEMAX SUPPLIES 26.51 212901 8/14/2009 011651 OMAR, ABDULLAHI 128.60 6/19/2009 09/19/09 MC-INTERPRETER SVCS 128.60 212902 8/14/2009 007444 ORCA PACIFIC INC, 1,693.87 7/23/2009 040193 FWCC-AG09-020 POOL CHEMICALS M 190.31 7/23/2009 040192 FWCC-AG09-020 POOL CHEMICALS M 654.75 7/16/2009 040055 FWCC-AG09-020 POOL CHEMICALS M 848.81 212903 8/14/2009 000504 ORIENTAL GARDEN CENTER, 53.18 7/22/2009 35863 PKM-ROATRY BLADE & CABLE ASSY 53.18 212904 8/14/2009 001691 OTAK INC, 1,458.76 6/17/2009 060987411 CDPL-02-58244 10/28/04 DEPOSIT -1,458.76 6/17/2009 060987411 CDPL-02-58244 10/28/04 DEPOSIT 1,458.76 6/17/2009 060987411 CDPL-02-58244 10/28/04 DEPOSIT 1,458.76 212905 8/14/2009 006273 PACIFle NW ASSOCIATION OF US, SYNCHRO 5,000.00 7/31/2009 APRIL 4,2009 CM/ED - PACIFIC NORTHWEST ASSO 5,000.00 212906 8/14/2009 011587 PALMER, JANE 3,281.25 8/1/2009 AUGUST 1, 2009 LAW-AG09-096 COACHING SVCS- 3,281.25 212907 8/14/2009 006440 PAPE MACHINERY INC, 164.56 7/22/2009 6280452 MSFL T-REPAIR/MAINT. SERVICES- 164.56 212908 8/14/2009 001814 PARAMETRIX INC, 1,398.18 7/8/2009 03-48640 PW-AG08-007 CITY CNTR ACCESS- 1,398.18 212909 8/14/2009 011631 PASHELK, JOHONDA 50.00 7/31/2009 09-PASCHELK PRCS-ART COMPETITION AWARD 50.00 212910 8/14/2009 000368 PERKINS COlE LLP, 171.50 8/3/2009 07-76431 REFUND MS-REFUND HEX APPEAL FEE 171.50 212911 8/14/2009 011624 PETTY CASH - DBC, 143.78 8/5/2009 DBC-8/5/09 PKDBC-WATER BOTTLE CAPS 10.89 8/5/2009 DBC-8/5/09 PKKFT-MILEAGE:JULlANNE BRIGGS 18.88 8/5/2009 DBC-8/5/09 PKDBC-GROC ERIES: RETREATS 16.97 8/5/2009 DBC-8/5/09 PKDBC-GROCERIES:RETREA TS 13.48 8/5/2009 DBC-8/5/09 PKDBC-GROCERIES: RETREATS 18.12 8/5/2009 DBC-8/5/09 PKDBC-GROC ERIES:RETREA TS 12.00 8/5/2009 DBC-8/5/09 PKDBC-OUTSIDE PLANTINGS 53.44 212912 8/14/2009 001166 PETTY CASH - FWCC, 368.48 7/31/2009 FWCC-7/31/09 PRCS-PARKING FOR DAY CAMP TRIP 5.00 7/31/2009 FWCC-7/31/09 PRCS-PURCHASES WALMART - FRIEN 3.66 7/31/2009 FWCC-7/31/09 PRCS-PURCHASES WALMART - FRIEN 11.62 7/31/2009 FWCC-7/31/09 PReS-MOVIE TICKETS FOR REC INe 20.00 7/31/2009 FWCC-7/31/09 PRCS-PURCHASES MeLENDON'S FRIE 24.24 7/31/2009 FWCC-7/31/09 PRCS-PURCHAES JO-ANN FRIENDSHI 6.74 7/31/2009 FWCC-7/31/09 PRCS-PURCHASES WALMART - FRIEN 13.14 7/31/2009 FWCC-7/31/09 PRCS-PARKING SEATTLE CENTER FO 10.00 7/31/2009 FWCC-7/31/09 PRCS-SAFECO FIELD PARKING FOR 20.00 7/31/2009 FWCC-7/31/09 PRCS-IPOD ATTACHMENT FOR SUMME 10.93 7/31/2009 FWCC-7/31/09 PRCS-GAMES FOR SUMMER FITCAMP 15.20 7/31/2009 FWCC-7/31/09 PRCS-DESSERT PUReHASE FOR SENI 41.50 7/31/2009 FWCC-7/31/09 PRCS-PARKING FEES FOR SENIOR T 7.00 7/31/2009 Fwce-7/31/09 PRCS-PURCHASES FROM SAFEWAY & 29.48 Bank of America Page 26 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/31/2009 FWCC-7/31/09 PRCS-CUPS FROM SAFEWAY FOR FRI 1.63 7/31/2009 Fwce-7/31/09 PRCS-PURCHASES TARGET - FRIEND 15.29 7/31/2009 Fwee-7/31/09 PRCS - PURCHASES JO-ANN'S FRIE 6.76 7/31/2009 Fwce-7/31/09 PRCS-PURCHASES MICHAEL'S FRIEN 8.75 7/31/2009 FWCC-7/31/09 PRCS- PURCHASES FRED MEYER FRI 3.04 7/31/2009 FWCC-7/31/09 PRCS-BEACH BALLS FROM DOLLAR T 3.29 7/31/2009 Fwce-7/31/09 PRCS-MILEAGE REIMBURSEMENT RYA 9.06 7/31/2009 Fwce-7/31/09 PRCS-FOOD DAY CAMP 14.56 7/31/2009 FWCC-7/31/09 PRCS-WHEELCHAIR RENTAL FOR DAY 10.00 7/31/2009 FWCC-7/31/09 PRCS-PADLOCK FOR STEEL LAKE BE 8.75 7/31/2009 FWCC-7/31/09 PRCS- 2 SEPARATE PURCHASES WAT 11.52 7/31/2009 FWCC-7/31/09 PRCS-CUL TURES & CRAFTS PROGRAM 6.56 7/31/2009 FWCC-7/31/09 PRCS-CULTURES & CRAFTSPROGRAM 5.99 7/31/2009 FWCC-7/31/09 PRes- 3 SEPARATE PURCHASES FRE 29.58 7/31/2009 FWCC-7/31/09 PETTY CASH FUND 15.19 212913 8/14/2009 010397 PETTY eASH - MS, 428.91 8/7/2009 MS-8/7/09 PW-SWM H.SHILLEY DI WATERIWATE 2.58 8/7/2009 M S-8/7/09 FI:J.CLARK MILEAGE EDEN CONF 17.20 8/7/2009 MS-8/7/09 FI-T.KRAUS MILEAGE-L&I AUDITOR 33.55 8/7/2009 MS-8/7/09 FI-T.KRAUS MILEAGE BELLEVUE CI 29.70 8/7/2009 MS-8/7/09 FI:J.CLARK MILEAGE APWA CONF E 58.30 8/7/2009 MS-8/7/09 PWITRAF M.ZUKOWSKI PSRC PRESEN 14.00 8/7/2009 MS-8/7/09 PWITRAF M.ZUKOWSKI MILEAGE PRS 24.79 8/7/2009 MS-8/7/09 PW/SWM H.SHILLEY ICE-PLANT 10 1.69 8/7/2009 MS-8/7/09 PW/SWM H.SHILLEY LAMINATE-CAR 2.18 8/7/2009 MS-8/7/09 PW/SWM H.SHILLEY BATTERIES/PH 7.99 8/7/2009 MS-8/7/09 CM-B.wILSON LNCH W/J.FERRELL 33.32 8/7/2009 MS-8/7/09 PW; K.MILLER QRTL Y BREAKFAST M 12.48 8/7/2009 MS-8/7/09 PW/SWM D.SMITH lODE TRAINING F 5.49 8/7/2009 MS-8/7/09 PW-SWM J.wOLF FLOAT/LED WATERP 13.01 8/7/2009 MS-8/7/09 PW/SWR J.BRIZENDINE CASH & CAR 31.93 8/7/2009 M S-8/7/09 FI:J.CLARK LUNCH ApWA CONF 12.50 8/7/2009 MS-8/7/09 FI:J.CLARK PARKING APWA CONF 5.00 8/7/2009 MS-8/7/09 COUNCIL-L.KOCHMAR PARKING SCA 12.00 8/7/2009 M S-8/7/09 CD/HS D.CATALANO COFFEE & CONV 25.96 8/7/2009 MS-8/7/09 CM/ED L.YEH STOCK PHOTOS FOR M 29.99 8/7/2009 M S-8/7/09 CM/ED L.YEH MILEAGE MTG SEATTL 40.25 8/7/2009 MS-8/7/09 CD/HS D. CATALANO GIFT CARD- P 15.00 212914 8/14/2009 002557 PETTY CASH FUND-PARKS MAl NT, 287.48 8/7/2009 PKM-8/7/09 PKM-PETTY CASH/MEETING FOOD IT 13.98 8/7/2009 PKM-8/7/09 PKM-PETTY CASH/DINNER FOR PARK 92.03 8/7/2009 PKM-8/7/09 PKM-PETTY CASHIWOOD SCREWS 6.00 8/7/2009 PKM-8/7/09 PKM-PETTY CASHITARP & SAND BAG 53.71 8/7/2009 PKM-8/7/09 PKM-PETTY CASHIWORK BOOTS/BARB 59.57 8/7/2009 PKM-8/7/09 PKM-PETTY CASHIWORK HAT/MOHAME 28.64 8/7/2009 PKM-8/7/09 PKM-PETTY CASH/MILEAGEIWRIGHT 33.55 212915 8/14/2009 006241 PETTY CASH-POLICE DEPT, 408.30 8/10/2009 PD-B/10/09 PD-STEEL TUBING FOR TASK FORCE 21.31 8/10/2009 PD-B/10/09 PD-COFFEE:VOLUNTEER- 68.59 8/10/2009 PD-8/10/09 PD-FEDERAL WAY CHAMBER- 20.00 8/10/2009 PD-8/10/09 PD-FEDERAL WAY CHAMBER- 20.00 8/10/2009 PD-8/10/09 PD-REIMBURSE FOR DAMAGED- 49.50 8/10/2009 PD-8/10/09 PD-2009 CLOTHING ALLOWANCE- 68.86 8/10/2009 P D-8/1 0/09 PD-PARKING FEE FOR TRAINING- 9.00 8/10/2009 PD-8/10/09 PD-GAS FOR VEHICLE #6480- 37.82 8/10/2009 PD-8/10/09 PD-SHOE ALLOWANCE:2009 - 91.80 8/10/2009 PD-8/10/09 PD-REIMBURSE FOR PHONE CHGS- 21.42 212916 8/14/2009 005583 PRAXAIR DISTRIBUTION INC, 50.05 7/27/2009 33849032 PKM-GAS FOR FIELD SPRAYER/PRoe 34.56 7/20/2009 33731281 PKM-GAS FOR FIELD 15.49 212917 8/14/2009 010845 PRIORITY PRINT MANAGEMENT INC, 242.00 7/6/2009 26373-2 SWM-JUL Y 2009 LAKE VIEW NEWSLE 96.69 7/6/2009 26373-1 PWSWM-JUL Y 2009 LAKE VIEW NEWS 145.31 Bank of America Page 27 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 212918 8/14/2009 004308 PUBLIC AGENCY TRAINING COUNCIL, 250.00 7/24/2009 120951 PO-FIRE/ARSON FATALITY INVEST 250.00 212919 8/14/2009 000051 PUGET SOUND ENERGY INC, 88.384.63 7/21/2009 PARKS 2009 07 PKF-200907 31104 28TH AVE S HA 25.91 7/21/2009 PARKS 2009 07 PKM-200907 31132 28TH AVE S ST 46.92 7/21/2009 PARKS 2009 07 FWCC-200907 876 S 333RD Z00280 15,648.27 7/21/2009 PARKS 2009 07 FWCC-200907 876 S 333RD ST. LI 80.54 7/29/2009 PWTR 2009 07 PWTR-200907 SW 308TH ST & 4 A V 10.00 7/29/2009 PWTR 2009 07 PWTR-200907 SW324TH & 11TH PL 156.38 7/29/2009 PWTR 2009 07 PWTR-200907 SW 340TH & HOYT R 112.81 7/29/2009 PWTR 2009 07 PWTR-200907 S 316TH & 20TH AVE 65.47 7/29/2009 PWTR 2009 07 PWTR-200907 SR 161 & 356TH NE 204.18 7/29/2009 PWTR 2009 07 PWTR-200907 348TH HOV A0932820 198.91 7/29/2009 PWTR 2009 07 PWTR-200907 34010 20TH AVE U02 83.79 7/29/2009 PWTR 2009 07 PWTR-200907 CRNR S 316TH ST & 65.93 7/29/2009 PWTR 2009 07 PWTR-200907 S 336TH ST & WEYHR 123.04 7/29/2009 PWTR 2009 07 PWTR-200907 STAR LK RD & MllIT 39.10 7/29/2009 PWTR 2009 07 PWTR-200907 SW 312TH ST & DASH 89.52 7/29/2009 PWTR 2009 07 PWTR-200907 S 322N ST & 23 AVE 73.80 7/29/2009 PWTR 2009 07 PWTR-200907 NE CRNR S 312TH & 146.39 7/29/2009 PWTR 2009 07 PWTR-200907 S 320TH & PAC HWY 536.50 7/29/2009 PWTR 2009 07 PWTR-200907 34836 WEYHR WAY S- 41.99 7/29/2009 PWTR 2009 07 PWTR-200907 35007 ENCHANTED PK 114.76 7/29/2009 PWTR 2009 07 PWTR-200907 35896 PAC HWY S- 70.48 7/29/2009 PWTR 2009 07 PWTR-200907 33325 8TH AVE- 98.76 7/29/2009 PWTR 2009 07 PWTR-200907 33405 6TH AVE S- 35.15 7/29/2009 PWTR 2009 07 PWTR-200902 34018 PAC HWY S- 54.39 7/29/2009 PWTR 2009 07 PWTR-200907 31455 28TH AVE S- 82.40 7/29/2009 PWTR 2009 07 PWTR-200907 31910 GATEWAY CNTR 41.06 7/29/2009 PWTR 2009 07 PWTR-200907 32562 SW HOYT RD F 10.00 7/29/2009 PWTR 2009 07 PWTR-200907 2613 S 275TH PLACE 22.98 7/29/2009 PWTR 2009 07 PWTR-200907 29600 PAC HWY S SI 357.49 7/29/2009 PWTR 2009 07 PWTR-200907 3113 27TH AVE SW- 75.39 7/29/2009 PWTR 2009 07 PWTR-200907 1405 S 312TH ST.- 112.36 7/29/2009 PWTR 2009 07 PWTR-200907 1414S 324TH ST.- 37.37 7/29/2009 PWTR 2009 07 PWTR-200907 21ST AVE S GRID RO 76.26 7/29/2009 PWTR 2009 07 PWTR-200907 S 322ND & 23 AVE S 162.30 7/29/2009 PWTR 2009 07 PWTR-200907 SW 329TH WAY & HOY 10.00 7/29/2009 PWTR 2009 07 PWTR-200907 1 ST WAYS & 336TH 70.19 7/29/2009 PWTR 2009 07 PWTR-200907 SW 340TH ST & 35TH 59.94 7/29/2009 PWTR 2009 07 PWTR-200907 21ST AVE SW & DASH 63.63 7/29/2009 PWTR 2009 07 PWTR-200907 S 320TH & 23 AV S- 223.09 7/29/2009 PWTR 2009 07 PWTR-200907 S 312TH & 23 AVE S 137.61 7/29/2009 PWTR 2009 07 PWTR-200907 S 314TH & 20TH AVE 113.56 7/29/2009 PWTR 2009 07 PWTR-200907 S 320 SET & 32RD A 201.59 7/29/2009 PWTR 2009 07 PWTR-200907 35654 9TH AVE SW- 17.87 7/29/2009 PWTR 2009 07 PWTR-2009073611116THAVES- 73.85 7/29/2009 PWTR 2009 07 PWTR-200907 S 304TH & MILITARY 69.18 7/29/2009 PWTR 2009 07 PWTR-200907 33220 ST WAY S - 43.57 7/29/2009 PWTR 2009 07 PWTR-200907 35106 21ST AVE SW- 10.00 7/29/2009 PWTR 2009 07 PWTR-200907 35202 ENCHANT PKWY 189.39 7/29/2009 PWTR 2009 07 PWTR-200907 32400 STATE RT 99 68.71 7/29/2009 PWTR 2009 07 PWTR-200907 32731 HOYT RD FLAS 10.00 7/29/2009 PWTR 2009 07 PWTR-200907 3318 SW346TH PLAC 33.72 7/29/2009 PWTR 2009 07 PWTR200907 2999 SW314TH ST- 57.16 7/29/2009 PWTR 2009 07 PWTR-200907 30800 PAC HWY S- 49.47 7/29/2009 PWTR 2009 07 PWTR-200907 31020 14TH AVE S- 33.76 7/29/2009 PWTR 2009 07 PWTR-200907 115TH ST S & 316ST 10.00 7/29/2009 PWTR 2009 07 PWTR-200907 1300 S 344TH ST- 24.36 7/29/2009 PWTR 2009 07 PWTR-200907 18TH AVE & S 312 S 54.39 7/29/2009 PWTR 2009 07 PWTR-200907 S288TH & 18TH AVE 107.27 7/29/2009 PWTR 2009 07 PWTR-200907 S 282ND & MILITARY 87.39 7/29/2009 PWTR 2009 07 PWTR-200907 S 316TH & PAC HWY 52.53 7/29/2009 PWTR 2009 07 PWTR-200907 S 348TH ST & PAC H 165.34 Bank of America Page 28 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/29/2009 PWTR 2009 07 PWTR-200907 SW CAMPUS DR & 6TH 49.76 7/29/2009 PWTR 2009 07 PWTR-200907 S 333ST & 1ST WAY- 61.47 7/29/2009 PWTR 2009 07 PWTR-200907 824 SW36HH ST- 148.71 7/29/2009 PWTR 2009 07 PWTR-200907 HWY 509 & 21ST AVE 30.14 7/29/2009 PWTR 2009 07 PWTR-200907 S 320TH & WEYHR WA 183.10 7/29/2009 PWTR 2009 07 PWTR-200907 35600 PAC HWY S- 60.86 7/29/2009 PWTR 2009 07 PWTR-200907 359091ST AVE SW F 10.00 7/29/2009 PWTR 2009 07 PWTR-200907 36201 MILTON RD- 108.48 7/29/2009 PWTR 2009 07 PWTR-200907 33099 HOYT RD SW- 203.86 7/29/2009 PWTR 2009 07 PWTR-200907 33507 9TH AVE7- 85.26 7/29/2009 PWTR 2009 07 PWTR-200907 34800 21ST AVE SW 74.25 7/29/2009 PWTR 2009 07 PWTR-200907 31600 STATE RT 99 92.21 7/29/2009 PWTR 2009 07 PWTR-200907 32400 STATE RT 99 215.65 7/29/2009 PWTR 2009 07 PWTR-200907 32932 7TH CT SW- 17.21 7/29/2009 PWTR 2009 07 PWTR-200907 28516 24TH AVE S- 19.90 7/29/2009 PWTR 2009 07 PWTR-200907 30400TH PAC HWY S- 50.69 7/29/2009 PWTR 2009 07 PWTR-200907 31200 STATE RT 99 219.35 7/29/2009 PWTR 2009 07 PWTR-200907 1790 SW345TH PLAC 126.52 7/29/2009 PWTR 2009 07 PWTR-200907 199 SW31HH PLACE 115.04 7/29/2009 PWTR 2009 07 PWTR-200907 2510 SW336TH STRE 10.00 7/29/2009 PWTR 2009 07 PWTR-200907 VARIOUS SIGNALS- 30.33 7/29/2009 PWTR 2009 07 PWTR-200907 HH WAY S & 334TH 26.46 7/29/2009 PWTR 2009 07 PWTR-200907 1403 SW 312TH ST P 10.00 7/29/2009 PWTR 2009 07 PWTR-200907 S 288TH ST & PAC H 423.32 7/29/2009 PWTR 2009 07 PWTR-200907 S 296TH PL & MILlT 26.56 7/29/2009 PWTR 2009 07 PWTR-200907 S 336TH ST & PAC H 500.26 7/29/2009 PWTR 2009 07 PWTR-200907 491 S 338TH ST- 46.99 7/29/2009 PWTR 2009 07 PWTR-200907 727 S 312TH ST- 161.74 7/29/2009 PWTR 2009 07 PWTR-200907 8TH AVE S & DASH P 50.59 7/29/2009 PWTR 2009 07 PWTR-200907 3420 SW343RD ST- 24.52 7/29/2009 PWTR 2009 07 PWTR-20090734801 16TH AVE S- 63.08 7/29/2009 PWTR 2009 07 PWTR-200907 36600 PAC HWY S- 10.66 7/29/2009 PWTR 2009 07 PWTR-200907 33401 38TH AVE S- 129.19 7/29/2009 PWTR 2009 07 PWTR-200907 33645 20TH PLACE- 145.00 7/29/2009 PWTR 2009 07 PWTR-200907 33800 WEYHR WAY S- 164.79 7/29/2009 PWTR 2009 07 PWTR-200907 31847 PAC HWY S- 179.39 7/29/2009 PWTR 2009 07 PWTR-200907 32000 PAC HWY S- 201.97 7/29/2009 PWTR 2009 07 PWTR-200907 32400 STATE RT 99 87.39 7/29/2009 PWTR 2009 07 PWTR-200907 23RD AVE S & S 317 167.75 7/29/2009 PWTR 2009 07 PWTR-200907 23RD AVE S & 320TH 149.62 7/29/2009 PWTR 2009 07 PWTR-200907 2510 S 336TH ST- 21.10 7/29/2009 PWTR 2009 07 PWTR-200907 21ST AVE SW & SW 3 210.93 7/29/2009 PWTR 2009 07 PWTR-200907 21ST AVE SW & SW 3 91.37 7/29/2009 PWTR 2009 07 PWTR-200907 21ST AVE SW & 356T 78.89 7/29/2009 PWTR 2009 07 PWTR-200907 1ST AVE S & S 330T 62.72 7/29/2009 PWTR 2009 07 PWTR-2009071000 SWCAMPUS DR- 125.03 7/29/2009 PWTR 2009 07 PWTR-200907 21ST AVE SW& SW3 98.76 7/29/2009 PWTR 2009 07 PWTR-200907 PAC HWY S & S 330T 61.13 7/29/2009 PWTR 2009 07 PWTR-200907 SWCRNR S 312TH & 181.06 7/29/2009 PWTR 2009 07 PWTR-200907 SW 308TH & 2ND AVE 10.00 8f712009 131-066-1002 PWTR-NON METERED ELECT 6/09 11,492.95 8f712009 131-066-1002 PWTR-NON METERED ELECT 7/09 15,130.60 7/29/2009 PWTR 2009 07 PWTR-200907 HOYT RD & 340TH- 76.26 7/21/2009 PARKS 2009 07 PKM-200907 31132 28TH AVE STLK 342.88 7/21/2009 PARKS 2009 07 PKF-200907 31104 28TH AVE S HA 20.76 7/21/2009 PARKS 2009 07 FWCC-200907 876 S 333RD 000845 7,147.80 7/21/2009 PARKS 2009 07 PKF-200907 600 S 333RD EVID. B 492.40 7/21/2009 PARKS 2009 07 DBC/KFT-200907 3200 SW DASH PT 1,137.06 7/21/2009 PARKS 2009 07 CHB-200907 33325 8TH AVE Z0045 11,657.09 7/21/2009 PARKS 2009 07 DBe/KFT-200907 3200 SW DASH PT 560.04 7/21/2009 PARKS 2009 07 PKCP-200907 S 324TH BLDG B- 1,531.28 7/21/2009 PARKS 2009 07 PKCP-200907 S 324TH BLDG A- 3,546.95 7/21/2009 PARKS 2009 07 DBC/KFT-200907 3200 SW DASH PT 223.45 7/21/2009 PARKS 2009 07 DBC/KFT-200907 3200 SW DASH PT 110.05 Bank of America Page 29 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/21/2009 PARKS 2009 07 PKF-200907 600 S 333RD EVID BL 48.21 7/21/2009 PARKS 2009 07 PKF-200907 7TH AVE HISTORICAL 29.89 7/21/2009 PARKS 2009 07 PKF-200907 SAC PARK RR FIELD L 2,417.74 7/21/2009 PARKS 2009 07 PKM-200907 2410 S 312TH BEACH 298.48 7/21/2009 PARKS 2009 07 PKF-200907 33914 19TH AVE SAG 3,338.36 7/21/2009 PARKS 2009 07 PKF-200907 32730 17TH AVE SW A 10.00 7/21/2009 PARKS 2009 07 PKM-200907 2410 S 312TH WOODSH 68.08 7/21/2009 PARKS 2009 07 PKF-200907 7TH AVE HISTORICAL 8.07 7/21/2009 PARKS 2009 07 PKF-200907 21ST AVE LAKOTA RR 661.76 7/21/2009 PARKS 2009 07 PKF-200907 2410 S 312TH STLK S 23.11 7/21/2009 PARKS 2009 07 PKM-200907 31207 28TH AVE SKAT 10.00 7/21/2009 PARKS 2009 07 PKF-200907 28156 1/2 24TH HERI 17.87 7/21/2009 PARKS 2009 07 PKF-200907 2645 S 312TH ANX-RR 1,338.67 7/21/2009 PARKS 2009 07 PKF-200907 2645 S 312TH SEWER 10.92 7/21/2009 PARKS 2009 07 PKF-200907 2700 SW 340TH ALDER 10.00 7/21/2009 PARKS 2009 07 PKF-200907 1ST AVE & CAMPUS DR 26.64 7/21/2009 PARKS 2009 07 PKM-200907 2410 S 312TH STORAG 13.89 7/21/2009 PARKS 2009 07 PKF-200907 34915 4TH AVE MARKX 12.14 7/21/2009 PARKS 2009 07 PKF-200907 34915 4TH AVE S PAL 10.00 212920 8/14/2009 007837 QUARTERMASTER, 137.99 7/24/2009 P648698101011 PD-HAT PATCHES 20.49 7/1/2009 P648185400017 PO-HAT PATCHES 117.50 212921 8/14/2009 008264 R-4 PRINTING INC, 928.34 7/31/2009 61011 MSF-NP ENVELOPES 355.88 7/30/2009 60983 MSHR-MC ENVELOPES 386.86 7/30/2009 60984 MSHR-MC ENVELOPES 185.60 212922 8/14/2009 011629 RAMZAN, MOHAMMED Z 100.00 8/6/2009 09 RAMZAN PRCS-ART COMPETITION AWARD 100.00 212923 8/14/2009 004179 RAR COMMUNICATION INC, 165.00 7/29/2009 SCHROCK REGISTER PD-MEDIA RELATIONS TRNG-SCHROC 165.00 212924 8/14/2009 005945 REMINGTON ARMS COMPANY INC, 72.40 7/29/2009 42012171 PO-REPAIR FIREARMS 72.40 212925 8/14/2009 011644 ROCKWELL, JOE 500.00 7/22/2009 02-54348 REFUND PW-02-54348 DEMO BOND REFUND 500.00 212926 8/14/2009 011455 ROZ TUNER & ASSOCIATES, 2,500.00 7/23/2009 JULY 23, 2009 LAW-AG09-061 EXECUTIVE COACHIN 2,500.00 212927 8/14/2009 005508 SAFAROVA-DOWNEY, ALMIRA 125.30 7/24/2009 07/24/09 MC-INTERPRETER sves 125.30 212928 8/14/2009 003726 SAFEWA Y STORE #1555, 120.07 7/10/2009 1899876 PRCS-FDUB OUTDOOR GAMES SUPPLI 30.97 7/23/2009 1899867 PRCS-SUMMER BBQ SUPPLIES 89.10 212929 8/14/2009 003174 SAN DIEGO POLICE EQUIPMENT CO, 253.13 7/16/2009 589271 PD-SHOTGUN QUALS AMMO 253.13 212930 8/14/2009 011642 SANBORN, JIM 16.00 7/29/2009 654058 PRCS-CLASS FEE REFUND 16.00 212931 8/14/2009 011643 SARCHETT,DEZARAY 500.00 7/30/2009 655031 FWCe-RENTAL REFUND 500.00 212932 8/14/2009 010523 SBS OF AMERICA, 4,000.00 8/1/2009 23108 PARK-AG07-194 CHB JANITORIAL S 3,850.00 8/1/2009 23108 PARK-AG07-194 PS JANITORIAL SV 150.00 212933 8/14/2009 701430 SCHOOL NURSE ORG OF WASHINGTON, 124.80 8/3/2009 30209 DBC-DAMAGE DEPOSIT REFUND 124.80 212934 8/14/2009 009640 SEATTLE SCENIC STUDIOS, 361.96 7/24/2009 4200.509 PKKFT-CURTAIN REPAIR 361.96 212935 8/14/2009 011653 SEATTLE UNIVERSITY, 108.60 8/3/2009 30206 DBC-DAMAGE DEPOSIT REFUND 108.60 212936 8/14/2009 011408 SECREST,SHELEY 750.00 7/29/2009 03 eM-AG09-052 eONFLleT DEFENDER 500.00 7/24/2009 02 CM-AG09-052 CONFLICT DEFENDER 250.00 212937 8/14/2009 011646 SETeAN CORP., 83.43 7f712009 1489 BLUE BATON 83.43 212938 8/14/2009 001480 SHERWIN-WILLIAMS CO, 167.78 Bank of America Page 30 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/22/2009 4762-2 PKCP-FACILlTIES PAINT SUPPLIES 167.78 212939 8/14/2009 011630 SHIPMAN, JORDAN LEE 50.00 7/31/2009 09-SHIPMAN PRCS-ART COMPETITION AWARD 50.00 212940 8/14/2009 005761 SIR SPEEDY PRINTING #0905, 133.59 7/29/2009 68869 CDB-DOOR HANGERS-CODE COMPLY. 133.59 212941 8/14/2009 011583 SLA LANDSCAPE ARCHITECTURE, 2,940.00 7/1/2009 181 PKM-AG09-097 LNDSCAPE ARCHITEC 2,940.00 212942 8/14/2009 004963 SOUND PUBLISHING INC, 1,572.00 8/10/2009 210562b CM/ED - 2009 BUDS AND BLOOMS A 474.00 8/10/2009 210562C CM/ED - 2009 BUDS AND BLOOMS A 474.00 8/10/2009 215493 CM/ED - 2009 BUDS AND BLOOMS A 624.00 212943 8/14/2009 004762 SOUTH SEATTLE SPORTS PLAZA, 448.49 7/18/2009 3336616 PD-INSTALL NEW CLUTCH 448.49 212944 8/14/2009 008739 SOUTH THREE THIRTY SIXTH LLC, 4,576.00 8/6/2009 02-66828 REFUND PW-02-66828 BOND RELEASE 4,770.00 8/6/2009 02-66828 REFUND PW-02-66828 BOND RELEASE -194.00 212945 8/14/2009 001885 SPARKS CAR CARE, 1,960.54 7/24/2009 24323 PO-TIRES 56.39 7/23/2009 24322 PD-TIRE REPAIR 20.89 8/3/2009 24379 PD-BRAKE SERVICE 541.66 7/23/2009 24313 PD-BA TTERY 158.68 7/24/2009 24323 PD-BRAKE SERVICE 407.34 7/23/2009 24321 PD-LOF 37.09 7/27/2009 24348 PD-ELECTRICAL WORK 23.65 7/27/2009 24348 PD-LOF 38.52 7/23/2009 24313 PD-AL TERNATOR/GENERA TOR 537.86 7/24/2009 24323 PD-LOF 54.08 7/24/2009 24324 PD-LOF 46.38 7/29/2009 24355 PD-ELECTRICAL WORK 9.29 7/23/2009 24313 PO-ELECTRICAL WORK 28.71 212946 8/14/2009 001618 SPEEDY GLASS - TACOMA, 261.73 5/13/2009 9172-512347 PD-VEHICLE WINDSHIELD REPAIR 261.73 212947 8/14/2009 003600 SPILLMAN TECHNOLOGIES INC, 735.00 7/28/2009 18955 IT/PD SPILLMAN USER CONFERENCE 735.00 212948 8/14/2009 002548 SPRAGUE PEST CONTROL, 93.08 7/29/2009 1244689 PKDBC-PEST CONTROL SVC 93.08 212949 8/14/2009 004701 SPRINT, 8,061.16 7/18/2009 796588811-020 IT-7/09 CELLULAR AIRTIME 1,443.24 8/6/2009 400102318-092 IT-CELLULAR AIRTIME 2,748.56 7/18/2009 796588811-020 IT-7/09 CELLULAR AIRTIME 1,332.23 8/6/2009 400102318-092 IT-CELLULAR AIRTIME 2,537.13 212950 8/14/2009 011454 STAPLES ADVANTAGE, 4,289.38 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 226.86 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 110.54 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 41.27 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 29.72 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 135.73 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 72.62 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 104.55 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 759.66 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 107.84 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 115.75 7/31/2009 96727813 JULY 2009 STAPLES OFFleE SUPPL 82.13 7/31/2009 96727813 JULY 2009 STAPLES OFFleE SUPPL 51.07 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 76.55 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 51.06 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 148.04 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 259.07 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 37.47 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 58.00 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 23.40 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 73.80 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 51.07 Bank of America Page 31 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 18.31 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 102.07 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 1,347.03 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 91.54 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 43.24 7/31/2009 96727813 JULY 2009 STAPLES OFFICE SUPPL 70.99 212951 8/14/2009 011134 STENDER ZUMWALT, PLLC. 29,250.00 8/3/2009 109 CM-AG08-159 PUBLIC DEFENDER- 29,250.00 212952 8/14/2009 003896 SUMMIT LAW GROUP, 1,312.00 7/22/2009 42889 LAW-AG08-028 LEGAL SVC - EMPLO 1,312.00 212953 8/14/2009 005910 SUMNER TRACTOR & EQUIPMENT, 61.55 7/20/2009 04510048 PKM-MOWER STARTER/INV#51004B 61.55 212954 8/14/2009 007710 SUPERIOR LINEN SERVICE, 180.45 7/31/2009 S86893 DBC-L1NEN sves 67.07 7/31/2009 S88158 DBC-L1NEN SVCS 10.29 7/27/2009 85824 DBC-L1NEN SVCS 34.00 8/3/2009 S87707 DBC-L1NEN SVCS 39.04 8/3/2009 87903 DBC-L1NEN SVCS 30.05 212955 8/14/2009 009523 SYSTEMS FOR PUBLIC SAFETY, 167.57 7/31/2009 12594 PO-REPAIR VRM 41.90 7/23/2009 12520 PD-REPLC HEAD LIGHT FLASHER 125.67 212956 8/14/2009 000588 TACOMA PUBLIC UTILITIES, 1,417.42 7/24/2009 100048250 PKDBC/KFT-7/09 PUBLIC UTILlTIE 944.99 7/24/2009 100048250 PKDBC/KFT-7/09 PUBLIC UTILlTIE 472.43 212957 8/14/2009 006146 TASER INTERNATIONAL, 602.25 7/31/2009 SI1169790 PD-TASERS 602.25 212958 8/14/2009 003085 TECHNOLOGY INTEGRATION GROUP, 1,938.15 7/24/2009 2763789 ARCSERVE BACKUP FOR WINDOWS, A 63.56 7/24/2009 2763789 ARCSERVE BACKUP DISASTER RECOV 57.65 7/24/2009 2763789 ARCSERVE BACKUP FOR WINDOWS ST 129.09 7/24/2009 2763789 ARCSERVE BACKUP OPEN FILE AGEN 264.11 7/24/2009 2763789 ARCSERVE BACKUP eLlENT AGENT F 357.73 7/24/2009 2763789 ARCSERVE BACKUP OPEN FILE AGEN 29.35 7/24/2009 2763789 ARCSERVE BACKUP FOR WINDOWS ST 14.35 7/24/2009 2763789 ARCSERVE BACKUP DISASTER RECOV 6.41 7/24/2009 2763789 ARCSERVE BACKUP CLIENT AGENT F 39.75 7/24/2009 2763789 ARCSERVE BACKUP FOR WINDOWS, A 7.06 7/24/2009 2763789 ARCSERVE BACKUP CLIENT AGENT F 397.49 7/24/2009 2763789 ARCSERVE BACKUP FOR WINDOWS ST 143.45 7/24/2009 2763789 ARCSERVE BACKUP FOR WINDOWS, A 70.63 7/24/2009 2763789 ARCSERVE BACKUP DISASTER RECOV 64.06 7/24/2009 2763789 ARCSERVE BACKUP OPEN FILE AGEN 293.46 212959 8/14/2009 009789 TERMINIX, 108.41 7/20/2009 288049990 PKM-PEST CONTROL 7/15/09 108.41 212960 8/14/2009 003088 THE PART WORKS INC, 168.28 7/23/2009 263078 CHB-TISSUE DISPENSER 168.28 212961 8/14/2009 011186 THE WIDE FORMAT eOMPANY, 288.29 7/20/2009 38650 IT- KIP 2000 SCANNER/PLOTTER M 89.00 7/20/2009 38650 IT- KIP 2000 SCANNER/PLOTTER M 199.29 212962 8/14/2009 009852 THERMO KING NORTHWEST INC, 437.46 7/23/2009 2022145-600 MSFL T-SIDE SPINDLE ASSY. REPLC 437.46 212963 8/14/2009 009280 THUNDERING OAK ENTERPRISES INe, 350.40 7/15/2009 4028 PKM-PRUNING ALDER TREES @ 2411 350.40 212964 8/14/2009 001424 THYSSENKRUPP ELEVATOR INC, 196.37 8/1/2009 2212002 CHB-ELEVATOR MAINT SVCS 196.37 212965 8/14/2009 009919 TITUS-WILL COLLISION CENTER, 967.96 7/27/2009 50341 PD-BODY REPAIRS 967.96 212966 8/14/2009 008902 TRI-eITY MEATS, 376.16 7/23/2009 226885 DSe-CATERING SUPPLIES 86.80 7/31/2009 227123 DBC-eATERING SUPPLIES 289.36 212967 8/14/2009 008074 TRUGREEN LANDCARE LLC, 1,767.56 7/31/2009 6575434 DBC-AG04-152:7/09 DBC LANDSCAP 1,767.56 Bank of America Page 32 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check T olal 212968 8/14/2009 002426 UNITED GROCERS CASH & CARRY, 689.00 7/22/2009 183217 DBC-CATERING SUPPLIES 145.14 7/24/2009 183781 DBe-CATERING SUPPLIES 40.11 7/29/2009 185148 DBe-CATERING SUPPLIES 90.61 7/30/2009 185363 DBC-CATERING SUPPLIES 160.30 7/31/2009 185862 DBC-CATERING SUPPLIES 14.28 7/23/2009 183489 DBC-CATERING SUPPLIES 55.43 7/22/2009 183368 DBC-CATERING SUPPLIES 40.24 7/28/2009 184869 DBC-CATERING SUPPLIES 142.89 212969 8/14/2009 003837 UNITED PARCEL SERVICE, 16.16 7/18/2009 0000F80F48299 IT-VISION TEK & TIGER RETURNS 14.33 8/1/2009 000F6588V319 PD-DOCUMENT DELIVERY SERVICE 1.83 212970 8/14/2009 000769 UNITED PIPE & SUPPLY CO INC, 212.24 7/15/2009 8263637 PKM-VAL BOX AND PVC PIPE/INV#8 39.71 7/27/2009 8276891 PKM-ADJUSTABLE PLlER AND POP-U 172.53 212971 8/14/2009 005019 UNITED RENTALS NORTHWEST INC, 232.83 7/21/2009 82595647-001 PKM-ADAPTER BRASS RING/INV#825 4.38 7/24/2009 82666590-001 PWST-PROPANE 69.04 7/21/2009 82492019-001 PKM-19' SCISSOR LIFT RENTAUIN 159.41 212972 8/14/2009 005715 USA MOBILITY WIRELESS, 47.57 8/1/2009 S6163838H IT-8/09 PAGER LEASE 24.74 8/1/2009 S6163838H IT-8/09 PAGER LEASE 22.83 212973 8/14/2009 011596 UTILITY DETECTION SERVICES LLC, 200.00 7/14/2009 7624 PKM-LOCATE UTILITIES AT CITY 200.00 212974 8/14/2009 001805 VADIS NORTHWEST, 4,295.00 7/31/2009 16589 SWR-AG07-016 (7/09) LITTER CON 4,166.15 7/31/2009 16589 SWR-AG07-016 (7/09) LITTER CON 128.85 212975 8/14/2009 003563 VALLEY COMMUNICATIONS CENTER, 1,020.00 7/24/2009 0009577 PD-(7/09) MDT USER FEE- 1,020.00 212976 8/14/2009 001124 VERIZON WIRELESS, 65.61 7/13/2009 0779914586 IT-PD-BOMB SQUAD CELLULAR 65.61 212977 8/14/2009 003528 WA STATE CRIMINAL JUSTICE, 25.00 7/24/2009 2009-1992 PD-CPTED COURSE TRNG - CROUCH 25.00 212978 8/14/2009 000567 WA STATE DEPT OF ECOLOGY, 20,763.00 7/7/2009 2010-WAR011563 PWST-STORMWATER PERMIT FOR S 3 740.00 7/8/2009 2010-WAR045516 SWM-STORMWATER PERMIT FEE 20,023.00 212979 8/14/2009 004258 WA STATE DEPT OF L1eENSING, 198.00 7/23/2009 AUGUST 14, 2009 PD-(7/09) CPL FEES:- 72.00 7/23/2009 AUGUST 14, 2009 PD-(7/09) CPL FEES:- 90.00 7/30/2009 AUGUST 14, 2009 PD-(7/09) CPL FEES:- FINAL REV 36.00 212980 8/14/2009 000340 WA STATE INFORMATION SERVICES, 845.48 7/31/2009 2009070190 IT-7I09 - 422.74 7/31/2009 2009070190 IT-7/09 - 50.73 7/31/2009 2009070190 IT-7I09 - 372.01 212981 8/14/2009 000851 WASTATE PATROL, 300.00 8/4/2009 110000386 MSHR-7/09 BACKGRND CHECKS 300.00 212982 8/14/2009 006876 WA STATE POLICE CANINE ASSOC, 150.00 8/6/2009 ORTA REGISER PD-WSPCA CONF. ORTA 150.00 212983 8/14/2009 011640 WA STATE REVENUE DEPARTMENT. 1,798.00 7/14/2009 FOCS161781 PD-LOF-PAe eOAST SALES DOR LEV 40.13 7/8/2009 FOCS161723 PD-TIRE5-PAC COAST SALES DOR L 59.27 7/9/2009 FOCS161737 PD-LOF-PAC COAST SALES DOR LEV 40.13 7/13/2009 FOeS161747 PD-ELEeTRICAL WORK-PAC COAST S 238.72 7/13/2009 FOCS161762 PD-MAJOR SVC-PAC COAST SALES D 234.06 7/14/2009 FOCS161775 PD-ELECTRICAL WORK-PAC COAST S 25.73 7/3/2009 FOCS161666 PS-ELECTRICAL WORK-PAC COAST S 126.68 7/13/2009 FOCS161762 PO-WIPER BLADES-PAC COAST SALE 18.79 7/8/2009 FOCS161728 PD-LOF-PAC COAST SALES DOR LEV 40.13 7/9/2009 FOeS161735 PD-LOF-PAC COAST SALES DOR LEV 40.13 7/13/2009 FOCS161763 PD-TIRE REPAIR-PAC COAST SALES 28.42 7/8/2009 FOCS161723 PD-LOF-PAC COAST SALES DOR LEV 38.18 7/9/2009 FOCS161736 PD-LOF-PAC COAST SALES DOR LEV 40.13 7/14/2009 301790 MSFLT-PARTS-PAC COAST SALES DO 31.54 Bank of America Page 33 of 36 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 7/14/2009 301791 MSLFT-PARTS-PAC COAST SALES DO 131.40 7/14/2009 301789 MSFL T-PARTS-PAC COAST SALES DO 63.07 7/2/2009 FOeS161641 MSFL T-AUTO GLASS -PAe COAST SA 245.63 7/10/2009 FOCS161678 MSFLT-LOF-PAC COAST SALES DOR 47.92 7/10/2009 FOCS161668 MSFLT-ELETRICAL WORK-PAC COAS 9.11 7/10/2009 FOCS161675 MSFL T-LOF-PAC COAST SALES DOR 44.69 7/10/2009 FOCS161667 MSFLT-LOF-PAC COAST SALES DOR 44.69 7/10/2009 FOCS161676 MSFLT-LOF-PAC COAST SALES DOR 44.69 7/10/2009 FOCS161669 MSFLT-LOF-PAC COAST SALES DOR 44.69 7/10/2009 FOCS161670 MSFLT-LOF-PAC COAST SALES DOR 44.69 7/2/2009 FOCS161643 MSLFT-LOF -PAC COAST SALES DOR 44.69 6/30/2009 FOCS161624 MSFLT-TIRE REPAIR-PAC COAST SA 30.69 212984 8/14/2009 000514 WA STATE-STATE REVENUES, 119,382.43 8/11/2009 JULY 2009 MSF-STATE PORTION REMIT FEES C 52,177.10 8/11/2009 JULY 2009 MSF-BRAIN TRAUMA INJ 1,882.62 8/11/2009 JULY 2009 MSF-JUDICIAL STABILIZATION TRU 9.85 8/11/2009 JULY 2009 MSF-SBCC SURCHARGE FEES 216.00 8/11/2009 JULY 2009 MSF-PSEA COURT FEES #2 27,515.68 8/11/2009 JULY 2009 MSF-PSEA COURT FEES #3 236.66 8/11/2009 JULY 2009 MSF-SCHOOL ZONE SAFETY 955.95 8/11/2009 JULY 2009 MSF-AUTO THEFT PREVo 10,425.64 8/11/2009 JULY 2009 MSF-PSEA JIS FEES 20,465.41 8/11/2009 JULY 2009 MSF-TRAUMA VICTIMS FEES 5,497.52 212985 8/14/2009 006853 WAHl, PRAN 130.80 7/28/2009 7/28/09 MC-INTERPRETER SVCS 130.80 212986 8/14/2009 011120 WALKER, MARY L. 20.00 8/7/2009 660201 PRCS-CLASS FEE REFUND 20.00 212987 8/14/2009 000783 WASTE MANAGEMENT, 393.68 8/1/2009 0918802-1055-3 SWR-7109 LITTER DISPOSAL SVCS 393.68 212988 8/14/2009 000783 WASTE MANAGEMENT, 14.54 8/1/2009 0918139-1055-0 SWR-7/09-9/09 LITTER DISPOSAL 14.54 212989 8/14/2009 009995 WATER MANAGEMENT, 132.00 7/20/2009 82093 SWM-WATER QUALITY TESTING; INV 132.00 212990 8/14/2009 003500 WESCOM COMMUNICATIONS, 262.80 7/27/2009 19459 PD-CALlBRATE RADAR SYSTEM 98.55 7/23/2009 19456 PD-CALlBRATE RADAR SYSTEM 164.25 212991 8/14/2009 003444 WEST CAMPUS CLEANERS, 984.24 7/31/2009 JULY 2009 PD-AG07-135 DRY CLEANING SVCS- 984.24 212992 8/14/2009 000541 WESTERN EQUIPMENT DISTRIBUTORS, 585.28 7/29/2009 605735 MSFLT-TORO MOWER REPAIRS 585.28 212993 8/14/2009 002087 WHITMAN GLOBAL CARPET CARE, 1,369.00 7/29/2009 39523 CHB-CARPET CLEANING SVCS 1,369.00 212994 8/14/2009 011523 WHOLESALE SPORTS, 300.81 7/27/2009 150-00004 PKM-WORK BOOTS/COLLINS 217.99 8/3/2009 150-00007 PKM-WORK PANTS/COLLINS 82.82 212995 8/14/2009 002204 WILBUR-ELLIS COMPANY. 316.46 7/2/2009 3963807 PWSWM-PLANT CARE SUPPLIES 316.46 212996 8/14/2009 010720 WILDER, SAMANTHA 2.674.90 7/29/2009 WECFW15 SWR-AG08-044 RECYCLING PROGRAM 2,674.90 212997 8/14/2009 011657 WOODRUSH MUSIC LLC, 500.00 7/31/2009 AUGUST 12. 2009 PRCS-8/12/09 MUSICAL PERFORMAN 500.00 212998 8/14/2009 000660 WOODWORTH & COMPANY INC, 1,856.89 7/28/2009 192466 CHB-ASPHAL T MIX 935.71 7/31/2009 192601 PWST-ASPHAL T MIX 921.18 212999 8/14/2009 010566 WRA Y, VINeENT J 950.00 7/20/2009 2058 SWR-GRAPHle SERVleES; WASTEMOB 950.00 213000 8/14/2009 001206 WSSUA-WA STATE SOFTBALL UMPIRE, 3,472.00 8/1/2009 424 PRCS- SOFTBALL UMPIRES SVCS 3,472.00 213001 8/14/2009 011645 ZAPATA, VICTOR 500.00 7/30/2009 655032 FWCe-DEPOSIT REFUND 500.00 7093793 8/3/2009 009467 US BANK, 4,620.12 7/27/2009 JULY 2009 PD-CRIME ANALYSIS TRNG CROUCH 54.00 Bank of America Page 34 of 36 Check No_ Date Vendor Inv Date Invoice Description Amount Check Total 7/27/2009 JULY 2009 PD-SPECIALlZED STICKY NOTES 21.22 7/27/2009 JULY 2009 PD-SHOT ACTIVATED TIMER 131.49 7/27/2009 JULY 2009 PO-VOLUNTEER CERTIFICATE PAPER 57.93 7/27/2009 JULY 2009 PD-DAL V'S PAINT CANS 170.00 7/27/2009 JULY 2009 PD-VOLUNTEER GIFT - OLIVE GARD 75.00 7/27/2009 JULY 2009 PD-COACHING/COUNSELlNG TRNG KL 99.00 7/27/2009 JULY 2009 PD-EXPLORER FUNDRAISER - BLANK 1,542.99 7/27/2009 JULY 2009 PD-HOMleIDE SCENE TRNG BASSETT 125.00 7/27/2009 JULY 2009 PD-IACA CONF. K CROUCH 450.00 7/27/2009 JULY 2009 PO-KEYS 1.73 7/27/2009 JULY 2009 PD-BATTERY SUPPLIES 16.36 7/27/2009 JULY 2009 PD-COPQUEST HOLSTER 152.95 7/27/2009 JULY 2009 PD-CDU UNIFORM VEST 156.56 7/27/2009 JULY 2009 PD-IABTI CONF. e. MARTIN 64.30 7/27/2009 JULY 2009 PO-CRIME ANALYSIS TRNG CROUCH 1,501.59 7094759 8/3/2009 009507 US BANK, 11,416.55 7/27/2009 JULY 2009 MSC-LMI NOTARY - K ROE NAME CH 51.75 7/27/2009 JULY 2009 CC-AWC CONF. DOVEY, PARK, KOCH 53.42 7/27/2009 JULY 2009 FWCC-FIRST AID SUPPLIES 33.42 7/27/2009 JULY 2009 CC-AWC CONF. DOVEY, PARK, KOCH 102.13 7/27/2009 JULY 2009 Ce-AWe CONF. DOVEY, PARK, KOCH 121.85 7/27/2009 JULY 2009 CC-AWe eONF. DOVEY, PARK, KOCH 41.91 7/27/2009 JULY 2009 CC-AWC CONF. DOVEY, PARK, KOCH 26.33 7/27/2009 JULY 2009 CC-AWe CONF. DOVEY, PARK, KOCH 27.28 7/27/2009 JULY 2009 MSF-GFOA APPLICATION 505.00 7/27/2009 JULY 2009 PRCS/FWCC-FITCAMP MOVIE TICKET 3.00 7/27/2009 JULY 2009 PRCS-JOHNSTON RIDGE SR TRIP 10.00 7/27/2009 JULY 2009 FWeC-GROUP POWER LICENSE FEE 740.00 7/27/2009 JULY 2009 CM-LUNCH WfT. PIERSON, CHAMBER 15.00 7/27/2009 JULY 2009 PRCS-RW&B VOLUNTEER BAGS 13.10 7/27/2009 JULY 2009 PRCS-RW&B ART SUPPLIES 150.06 7/27/2009 JULY 2009 PRCS-RW&B VAN RENTAL 23.00 7/27/2009 JULY 2009 PRCS-RW&B ART SUPPLIES 115.63 7/27/2009 JULY 2009 PRCS-RW&B FENCE STAKES 73.66 7/27/2009 JULY 2009 PRCS-RW&B SUPPLIES 131.29 7/27/2009 JULY 2009 PRCS-RW&B PRIZES 50.88 7/27/2009 JULY 2009 PRCS-RW&B FACE PAINT SUPPLIES 31.63 7/27/2009 JULY 2009 PRCS-CAMP TRIP #24561 47.38 7/27/2009 JULY 2009 PRCS-BRUNCH & MOVIE EVENT 24.00 7/27/2009 JULY 2009 PRCS-COLUMBIA RiVER GORGE TRIP 64.56 7/27/2009 JULY 2009 PRCS-COLUMBIA RIVER GORGE TRIP 6.46 7/27/2009 JULY 2009 PRCS-SR TRIP MARINERS GAME 48.00 7/27/2009 JULY 2009 PRCS-LAVENDER FESTIVAL SR TRIP 4.00 7/27/2009 JULY 2009 CC-AWC CONF. DOVEY, PARK, KOCH 383.10 7/27/2009 JULY 2009 PRCS-JOHNSTON RIDGE SR TRIP 116.10 7/27/2009 JULY 2009 FWCC-STOP WATCHES 49.24 7/27/2009 JULY 2009 PRCS/FWCC-FITCAMP MOVIE TICKET 3.00 7/27/2009 JULY 2009 FWCC-CURTAINS FOR BROKEN WlNDO 32.04 7/27/2009 JULY 2009 FWCC/PRCS-FITCAMP- MOVIE TICKE 50.00 7/27/2009 JULY 2009 PRCS/FWCC-FIT CAMP BOWLING 50.37 7/27/2009 JULY 2009 FWCC-SWlM TEAM AWARDS 144.72 7/27/2009 JULY 2009 FWCC-CURTAINS FOR BROKEN WlNDO 14.77 7/27/2009 JULY 2009 PWST-MAINT/REPAIR SUPPLIES - N 54.93 7/27/2009 JULY 2009 SWR-ASSOC OF OR RECYCLERS DUES 190.00 7/27/2009 JULY 2009 FweC/PRCS-FITCAMP- MOVIE TICKE 50.00 7/27/2009 JULY 2009 PRCS/FWCC-FIT CAMP BOWLING 50.37 7/27/2009 JULY 2009 PRCS-CAMP TRIP #24561 66.38 7/27/2009 JULY 2009 PRCS-CAMP TRIP #24561 96.00 7/27/2009 JULY 2009 CDHS-MAR 2009 UPS SHIPPING 156.63 7/27/2009 JULY 2009 PRCS-RW&B CANDY 33.25 7/27/2009 JULY 2009 PRCS-SR TRIP ARGOSY eRUISES 135.00 7/27/2009 JULY 2009 PRCS-LAVENDER FESTIVAL SR TRIP 210.00 7/27/2009 JULY 2009 PRCS-SR TRIP MARINERS GAME 680.00 7/27/2009 JULY 2009 PRCS-SR TRIP SALISH LODGE 345.64 Bank of America Page 35 of 36 eheck No. Date Vendor Inv Date Invoice Description Amount Check Total 7/27/2009 JULY 2009 SWR-WA STATE REeyeLlNG EVENT 65.00 7/27/2009 JULY 2009 MC-LANGUAGE LINE USAGE 19.75 7/27/2009 JULY 2009 MC-LANGUAGE LINE USAGE 11.85 7/27/2009 JULY 2009 PRCS-DAYCAMP SUPPLIES 14.16 7/27/2009 JULY 2009 PRCS-DAY CAMP SUPPLIES 133.55 7/27/2009 JULY 2009 PRCS-DAY CAMP ICE SKATE TRIP 1,146.07 7/27/2009 JULY 2009 PRCS-DAY CAMP SUPPLIES 65.40 7/27/2009 JULY 2009 PRCS-WA TER PARK - DA YCAMP TRIP 779.00 7/27/2009 JULY 2009 PRCS-SKATE FIELD TRIP - DAYCAM 600.00 7/27/2009 JULY 2009 PRCS-DAYCAMP SUPPLIES 19.67 7/27/2009 JULY 2009 PRCS-PAINT YOURSELF SILLY DAY 898.16 7/27/2009 JULY 2009 PRCS-DAY CAMP SUPPLIES 22.20 7/27/2009 JULY 2009 PRCS-DAY CAMP MOVIE TICKETS 1,394.00 7/27/2009 JULY 2009 CC-LUNeH W/FERRELL 24.58 7/27/2009 JULY 2009 PReS-TEEN FITCAMP FAMILY FUN C 163.84 7/27/2009 JULY 2009 eC-LUNCH W/KOCHMAR 18.40 7/27/2009 JULY 2009 CC-LUNCH W/FERRELL 36.42 7/27/2009 JULY 2009 ee-LUNCH W/KoeHMAR 16.85 7/27/2009 JULY 2009 eC-LUNCH W/KOCHMAR 18.95 7/27/2009 JULY 2009 eM-LUNCH W/FERRELL 32.56 7/27/2009 JULY 2009 PRCS-DAY CAMP SUPPLIES 27.38 7/27/2009 JULY 2009 PRCS-DAY CAMP SUPPLIES 31.49 7/27/2009 JULY 2009 PRCS-COLUMBIA RIVER GORGE TRIP 126.43 7/27/2009 JULY 2009 PRCS-COLUMBIA RIVER GORGE TRIP 38.78 7/27/2009 JULY 2009 PRCS-ART CLASSES SUPPLIES 65.78 7/27/2009 JULY 2009 PRCS-CAMP TRIP #24561 195.19 7/27/2009 JULY 2009 PRCS-CAMP TRIP #24561 24.81 7099491 8nt2009 011218 US BANK, 8,162.68 7/27/2009 JULY 2009 PARK-BELT & TOT SWINGS 2,021.80 7/27/2009 JULY 2009 CD-STAMPS FOR SASE 7.92 7/27/2009 JULY 2009 IT-BATTERY CHARGER 131.39 7/27/2009 JULY 2009 PARK-STORAGE RENT THRU 1/12/20 1,259.00 7/27/2009 JULY 2009 PARKS-AUGER DRILL BIT 73.47 7/27/2009 JULY 2009 PKM-GATORADE FOR RW&B STAFF 35.29 7/27/2009 JULY 2009 DBC-CHAIR RENTAL FOR WEDDING 238.06 7/27/2009 JULY 2009 PKM-PLEXIGLASS FOR KIOSK 108.76 7/27/2009 JULY 2009 PKM-HEAD LIGHT 13.24 7/27/2009 JULY 2009 SWM-FLAGGING CLASS - STORM 55.00 7/27/2009 JULY 2009 SWM-RUBBER WASHERS 4.35 7/27/2009 JULY 2009 SWM-FLAGGING CLASS - JARRED 53.00 7/27/2009 JULY 2009 SWM-MAGUIRES PLASTIC PROTECT 53.47 7/27/2009 JULY 2009 SWM-JUG eAPS 39.32 7/27/2009 JULY 2009 IT-DOCKING STATION LA 153.30 7/27/2009 JULY 2009 CDHS-VOLUNTEER TRNG - PATERNO 85.00 7/27/2009 JULY 2009 EOC-FCC RADIO CALL SIGN 12.30 7/27/2009 JULY 2009 CM-eTED TRNG - ENGE 39.00 7/27/2009 JULY 2009 IT-DOCKING STATION - ENGE 153.30 7/27/2009 JULY 2009 CM-STAFF NAME TAGS 28.74 7/27/2009 JULY 2009 CM-CERTIFICATE FRAMES 32.82 7/27/2009 JULY 2009 CM-DIRECT MAIL GUIDE 10.84 7/27/2009 JULY 2009 PWST-BRUSH SET 5.46 7/27/2009 JULY 2009 PWST-FLAGGER CLASS - WALSH 55.00 7/27/2009 JULY 2009 IT-USB TO PARELLEL CONV 32.97 7/27/2009 JULY 2009 IT-ELECTRONICS CLEANER 24.07 7/27/2009 JULY 2009 IT-MEMORY STleK 24.99 7/27/2009 JULY 2009 PKM-REUSABLE FENelNG 255.90 7/27/2009 JULY 2009 CC-AWC CONF. PARK & KOCH MAR 766.20 7/27/2009 JULY 2009 SWM-SNOUT FOR EASTER LK 500.00 7/27/2009 JULY 2009 IT-SPILLMAN CONF. 245.20 7/27/2009 JULY 2009 IT-SPILLMAN CONF. 385.74 7/27/2009 JULY 2009 pkm-shop refrigerator 187.90 7/27/2009 JULY 2009 CM-TELL Y AWARD STATUES 318.00 7/27/2009 JULY 2009 EOC-WASEMA DUES & CONF. GROSS 275.00 7/27/2009 JULY 2009 MSHR-SERVICE AWARD FRAMES 136.88 Bank of America Check No. Date 263961928/10/2009 Total Checks Issued Vendor 000061 Inv Date Invoice 7/27/2009 JULY 2009 7/27/2009 J U L Y 2009 WA STATE REVENUE DEPARTMENT, 8/10/2009 601-223-5385 8/10/2009 601-223-5385 8/10/2009 601-223-5385 8/10/2009 601-223-5385 8/10/2009 601-223-5385 8/10/2009 601-223-5385 8/10/2009 601-223-5385 8/10/2009 601-223-5385 8/10/2009 601-223-5385 8/10/2009 601-223-5385 553 Total Description CD-APA DUES LEE CD-APA DUES HERRERA MSF-7/09 REMIT USE TAX MSF-7/09 REMIT SALES TAX MSF-7/09 REMIT SALES TAX DBe MSF-7/09 REMIT SALES TAX DBC MSF-7/09 REMIT sve TAXlPW STOR MSF-7/09 REMIT SALES TAX MSF-7/09 REMIT SALES TAX FWCC MSF-7/09 REMIT EXe TAX (ROUNDI MSF-7/09 REMIT SALES TAX DBC MSF-7/09 REMIT SALES TAX-FItVCC $2,866,424.90 Amount 230.00 110.00 2,082.04 41.36 3,186.84 -4,020.10 1,433.72 1,525.67 1,521.54 -0.04 4,020.10 8,693.53 Page 36 of 36 Check Total 18,484.66 Date 7/1/2009 7/1/2009 7/21/2009 8nt2009 8/10/2009 Vendor Public Works Trust Board Bank of America Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title City of Federal Way Claims Paid Via Wire Transfer Description Amount Paid Debt Service Debt Service ROW Acq #35,36/clausen ROW ACQ #08/Fox Run Condominiums ROW Acq #28 198,106.67 34,337.50 32,828.00 20,079.76 80,104.40 Total $ 365,456.33 K:\FIN\AcctsPay\CHECKRUN\Claims Paid by EFT Page 1 u_______~ COUNCIL MEETING DATE: September 1,2009 ........................................ ......................................... ........................... m.mm........................................................................................... ITEM #:~C; . ... .................................................... .. . ..................................................-. .............................................-...... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JULY 2009 MONTHLY FINANCIAL REPORT POLICY QUESTION: Should the Council approve the July 2009 Monthly Financial Report? COMMITTEE: Finance, Economic Development and Regional Affairs Committee MEETING DATE: August 25,2009 CATEGORY: [gJ Consent D Ordinance D City Council Business ~ Resolution .~!::\.!!}!~!'.2~!~Y:I~g~<l~~'..:f.~!!<l~~~..P~~~~~g~~~ .....m.mmmmm Attachments: · July 2009 Monthly Financial Report Options Considered: 1. Approve the July 2009 Monthly Financial Report as presented. 2. Deny approval of the July 2009 Monthly Financial Report and provide direction to staff. D Public Hearing D Other DEPT: Finance STAFF RECOMMENDATION: Staffrecommends approval o~:lfton J. J. jJ \ g. ).)1 CITY MANAGER APPROVAL: .D.IJ./(Wl g.J14'J.C~. WI"'" DIRECTOR ApPROVAL: ~ Committee Council Committee ~ Council COMMITTEE RECOMMENDATION: Forward approval of the July 2009 Monthly Financial Report to the September 1, 2009 City Council Consent Agenda. CZ1I- Eric Faison, Member PROPOSED COUNCIL MOTION: "] move approval of the July 2009 Monthly Financial Report. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITYM ~ Federal Way July 2009 Monthly Financial Report GENERAL & STREET FUND OPERATIONS The overall operations of the combined General and Street Fund year-to-date showed a negative result of $2.6M through July. Overall revenue total $20.7M and is on target with year-to-date estimates. Criminal Justice sales tax ($159K), Sales Tax ($64K), and Franchise fees ($38K) are below projections and are offset by increases in General Recreation fees ($137K), Property Tax ($61K), and Court Revenues ($79K). General fund does not include Proposition 1 revenues and expenditures. 2008 2009 YTD BUDGET VS ACTUAl.. GENERAL & STREET FUND Annual' Annual YTD Annuar YTD YTD Favorable (Unfavorable) Summary of Sources & Uses Budget Actual Actual Budget Budget Actual $ % Beginning Fund Balance $ 8,009,058 $ 7,748,669 $ 7,748,669 $ 5,642,307 $ 5,642,307 $ 5,642,307 $ - 0.0% OPERATING REVENUES Property Taxes 9,122,267 9,213,312 4,840,668 9,237,000 4,908,120 4,968,854 60,735 1.2% Sales Tax 13,089,445 12,144,158 7,217,799 11,000,000 6,247,751 6,183,981 (63,769) -1.0% Criminal Justice Sales Tax 2,289,763 2,051,524 1,204,167 2,000,000 1,173,924 1,014,936 (158,988) -13.5% Intergovemmental 2,398,026 2,434,732 1,471,132 2,372,000 1,433,228 1,451,958 18,730 1.3% Streamline Sales Tax - 46,587 - - - - - nla Leasehold Tax 2,026 5,712 2,668 4,000 1,868 2,479 610 32.7% Gambling Taxes 1 ,400,000 1,259,783 727,580 1,200,000 725,652 675,049 (50,603) -7.0% Court Revenue 998,825 1,507,362 885,966 1,469,000 867,100 945,737 78,638 9.1% Building Perm~s/Fees-CD 2,182,100 1,481,211 949,255 1,259,077 764,094 796,301 32,207 4.2% ROW Perm~s & Develop SVC5 Fees-PW 483,399 461,652 282,706 529,000 297,504 233,794 (63,710) -21.4% Licenses 235,518 238,024 85,358 240,000 86,067 89,799 3,732 4.3% Franchise Fees 1,073,269 967,240 731,248 1,000,000 756,015 717,699 (38,316) -5.1% Passport Agency Fees 91,388 74,830 51,885 93,000 64,484 45,625 (18,859) -29.2% General Recreation Fees 600,915 775,243 478,541 600,000 370,368 507,106 136,738 36.9% Public Safety 1,072,695 1,048,350 556,651 761,000 404,075 423,510 19,435 4.8% AdminlCash Management Fees 605,695 593,209 346,038 628,424 367,384 367.384 - 0.0% Interest Eamings 741,023 292,130 197,444 72 ,250 48,832 70,036 21,204 43.4% Mise/Other 240,750 293,865 160,255 267,000 145,604 161,508 15.904 10.9% Onnoinn Transfers In: Utility Tax-Celebration Park 266,000 266,000 266,000 279,300 279,300 279,300 - 0.0% Utility Tax-Arts Comm/RW&B Festival 108,000 108,000 108,000 113,400 113,400 113,400 - 0.0% Utility Tax-Police Pos~ions 728,000 728,000 728,000 952,168 952,168 952.168 - 0.0% Util~y Tax-Street Bond Projects 321,592 321,592 321.592 343,472 343,472 343,472 - 0.0% Util~y Tax-New Street Lights 116,014 116,014 116,014 116,014 116,014 116,014 - 0.0% Utility Tax-Camp Kilworth M&O 110,000 110,000 110,000 115,500 115,500 115,500 - 0.0% Utility Tax-General Fund Oper 1,761,946 1,761,946 400,000 4,509,108 - - - n/a Utility Tax-New Parks M&O 62,000 62,000 62,000 65,100 65,100 65,100 - 0.0% otal Operating Revenues 40,100,656 38,362,473 22,300,968 39,225,813 20,647,021 20,640,709 (6,312) 0.0'% OPERATING EXPENDITURES C~y Council 381,122 393,385 297,590 390,470 295,385 303,680 (8,295) -2.8% City Manager 1,716,646 1,648,592 941,342 1,587,438 1,076,700 1,117,353 (40,653) -3.8'% Municipal Court 1,336,688 1,318,546 744,761 1,296,533 732,327 750,208 (17,881) -2.4% Economic Development 345,201 236,897 123,417 413,914 215.638 141,359 74,279 34.4% Human Resources 1,172,427 1,138,145 734,129 908,978 555,092 524,760 30,333 5.5% Finance 890,231 898,031 520,722 985,342 571,349 557,727 13,622 2.4% <..;iviVCriminal Legal Services 1,390,944 1,348,267 775,239 1,315,853 767,135 791,689 (24,554) -3.2% Cornm. Development SVC5 4,325,029 3,626,741 2,097,864 3,947,172 2,296,479 2,043,185 253,294 11.00/. Jail Services 1,824,022 1,647,628 758,800 1,933,463 890,439 812,490 77,949 8.80/. Police Services 20,553,401 19,842,899 11,547,589 20,080,601 11,708,376 11,711,801 (3,425) 0.00/. Parks and Recreation 4,007,944 3,752,425 2,202,965 3,902,852 2,291,277 2,022,991 268,285 11.70/. Public Works 5,321,315 4,649,782 2,573,206 4,828,033 2,735,976 2,451,068 284,909 10.4% c:>tal Operating Expenditure$ 43,265,168 40,501,337 23,317,624 41,590,649 24,136,173 23,228,310 907,864 2.2,% Operating Revenues over/(under) Operating Expenditure$ (3,164,512) (2,138,864) (1,016,657) (2,364,836) (3,489,152) (2,587,601) 901,552 -42.2"1. OTHER FINANCING SOURCES One- Time Transfers In 120,795 87,156 31,301 1,956,798 1,248,920 1.248,920 - 0.00/. Grants & Other 129,171 81,387 72,455 1,106,361 230,460 230,460 - 0.0% Interfund Loan Proceeds - - - 65,000 65,000 65,000 - nla Total Other Financing Sources 249,966 168,543 103,756 3,128,159 1,544,379 1,544,379 nla nla OTHER FINANCING USES City Manager Contingency 3,036,935 71,181 - 500,000 - - nla nla One- Time Transfers - - - 7,819 8,378 8,378 nla n/a Other - - - 135,420 - - nla n/a Temporary Interfund Loan to FWCC - 65,000 - - - - nla nla Total Other Financing Uses 3,036,935 136,181 - 643,239 8,378 8,378 nla nla otal Ending Fund Balance $ 2,057,577 $ 5,642,307 $ 6,835,769 $ 5,762,391 $ 3,689,156 $ 4,590,707 nla nla . Annual Budget includes Loug Range Piau Budget adjustments. DESIGNATED OPERATING FUNDS Through July, designated operating funds revenue total $14.lM and is $433K above the year-to-date budget of $13.7M. Expenditures of $13.8M is $583K below year-to-date budget of $14.4M. Designated fund summary does not reflect Proposition 1 revenues and expenditures. 2008 2009 YTD BUDGET VS ACTUAL DESIGNATED OPERATING FUNDS Annual. Annual YTD Annual. YTD YTD Favorable (Unfavorable) Summary of Sources & Uses Budget Actual Actual Budget Budget Actual $ % Begin Balance-Designated Funds $ 7,295,982 $ 3,411,135 $ 3,411,135 $ 9,219,725 $ 9,219,725 $ 8,061,535 OPERATING REVENUES Intergovernmental 559,023 531,722 304,009 560,715 320,585 286,048 (34,538) -10.8% Utility Taxes 9.197,069 10,427,717 7,002,242 10,537,895 8,675,485 6,691,145 15,660 0.2% Hotel/Motellodging Tax 180,353 188,833 102,281 180,000 91,248 82,634 (8,614) -9.4% Real Estate Excise Tax 3,300,000 2,590,310 1,897,326 800,000 503,221 889,483 386,242 76.8% FW Community Center-Operations 1,663,407 1 ,398,763 854,021 1,690,157 1,029,648 953,170 (76,478) -7.4% Red Light Photo Enforcement Program 50,000 141,174 - 560,000 338,333 531.829 193,496 57.2% Property Tax - KC Expansion levy - 148,896 - 149,205 86,269 86,269 - 0.0% Dumas Bay Centre 634,711 494,270 266,988 589,132 318,229 282,122 (38,107) -11.3% Knutzen F am ily Theatre 77 ,955 106,851 88,946 98,087 81,651 46,805 (34,845) -42.7% SWM Fees 3,604,132 3,234,330 1,727,574 3,314,114 1,770,189 1,842,345 72,156 4.1% Refuse Collection Fees 242,850 262,847 175,232 270,732 180,488 181,760 1,272 0.7% Interest Earnings 159,970 308,370 200,026 149,719 97,116 49,076 (48,040) -49.5% Miscellaneous/Other 4,000 3,334 - 4,250 - 3,077 3,077 n/a IOnnoinn Transfers In: Utility Tax-Knutzen Theatre 129,260 129,260 129,260 135,723 135,723 135,723 - 0.0% Utility Tax-Debt Service 1,343,633 913,333 600,000 914,332 302,166 302,186 - 0.0% Utility Tax-Arterial Streets 1 ,400,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 - 0.0% Utility Tax-New Community Center 528,348 528,348 308,203 554,766 338,443 338,443 - 0.0% Total Operating Revenues 23,074,711 22,808,359 15,056,107 21,928,827 13,668,795 14,102,076 433,282 1.9% OPERATING EXPENDITURES City Overlay Program 2,412,849 2,006,078 1,860,386 2,050,407 1,901,495 1,733,871 167,624 8.8% Utility Tax-Admin/Cash Mgmt Fees 59.747 59,747 34,853 62,137 36,247 36,246 0 0.0% Solid Waste 375,060 370,718 203,787 489,233 268,936 254,923 14,014 5.2% Hotel/Motellodging Tax 385,510 196,905 150,392 360,895 290,920 109,263 181,657 62.4% FW Community Center-Operations 2,061,761 1,988,996 1,134,465 2,069,859 1,174,279 1,259,902 (85,623) -7.3% ITraffic Safety (Red light Photo) 50,000 5,563 - - - 400 (400) nt, Debt Service 1,201,830 1,195,133 337,925 1,203,385 340,259 334,362 5,897 1.7% Surface Water Management 3,278,195 2,991.248 1,637,732 3,371,483 2,071,337 1,737,219 334,119 16.1% Dumas Bay Centre 643,413 585,803 315,523 587,493 316,433 338,351 (21,918) .0.9% Knutzen Family Theatre 210,939 278,870 153,130 232,397 127,611 139,944 (12,333) -9.7% Onooino Transfers out: Utility Tax-Celebration Park 266,000 266,000 266,000 279,300 279,300 279,300 - 0.0% Utility Tax-FWCC Operations 528,348 528,348 308,203 554,766 338,443 338,443 - 0.0% Utility Tax-FWCC Reserves - - - 311,927 - nt, Utility Tax-Arts Comm/RW&B Festivai 108,000 108,000 108.000 113,400 113,400 113,400 0.0% Utility Tax-Police Positions 728.000 728,000 728,000 952,168 952,168 952,168 - 0.0% Utility Tax-Street Bond Projects 321,592 321,592 321,592 337,671 337,671 337,671 - 0.0% Utility Tax-New Street lights 116,014 116,014 116,014 121,815 121,815 121.815 - 0.0% Utility Tax-Knutzen Family Theatre 129,260 129,260 129,260 135,723 135,723 135,723 - 0.0% Utility Tax-Arterial Streets Overlay 1,400,000 1,400.000 1,400,000 1,400,000 1,400,000 1 ,400,000 - 0.0% Utiiity Tax-Camp Kilworth M&O 110,000 110.000 110,000 115,500 115,500 115,500 - 0.0% Utility Tax-Transportation CIP 1,400,000 1,400,000 1,400,000 3,700.000 3,700,000 3,700,000 - 0.0% Utility Tax-General Fund Operations 1,761,946 1,761,946 400,000 4,509,108 - - - nt, Utiiity Tax-FWCC Debt Svc 913,333 913.333 600,000 914,332 302,168 302,168 - 0.0% Uliiity Tax-New Parks M&O 62,000 62,000 62,000 65,100 65,100 65,100 - 0.0% Total Operating Expenditures 18,523,796 17,523,554 11,977,261 23,956,099 14,388,803 13,805,766 583,036 3.3% Operating Revenues over/(under) Operating Expenditures 4,550,915 5,284,806 3,078,846 (2,029,272) (720,008) 296,310 1,016,318 19.2% OTHER FINANCING SOURCES One-Time Transfers In - - - 1,996,328 2,121,079 2,121,079 - nl, Grants/Mitigation/Other 297,000 359,420 88.015 149,000 149,000 135,215 13,785 9.3% Temporary Interfund loan - 65,000 - - - - nl, Total other Financing Sources 297.000 424,420 88,015 2,145,328 2,270,079 2,256,294 (336.404) -79.3% OTHER FINANCING USES One-Time Transfers OuVOther 4,964,300 4,557,526 3,334,000 2,024,000 1,848,460 1,848,460 0.0% Interfund Loan Repayment - - - 65,000 65,000 65,000 - n/a Total Other Financing Uses 4,964,300 4,557,526 3,334,000 2,089,000 1,913,460 1,913,460 1,223,526 26.8% ENDING FUND BALANCE Arterial Street 15,106 482,408 (59,079) 400,000 - 558,845 n/a nt, Utility Tax 3,246,665 5,182,001 649,373 2,025,461 - 4,038,533 n/a n/. Solid Waste & Recycling 144,298 173,319 111,534 92,817 100,557 n/a nt, HotellMotellodging Tax - 194,142 152,737 - - 171,493 n/a nt, FW Community Center 151,388 984 49,157 422,975 - 0 n/a nt, Traffic Safety Fund - 135,819 135,819 135,819 - 667,931 n/a nt, Paths & Trails 44,892 193,195 40,532 127,615 - 60,064 n/a nt, Debt Service Fund 2,777,461 1,763,666 2,738,030 2,784,320 - 3,063,991 n/a nl' Surface Water Management 150,457 65,275 (355,471 ) 24,982 - 182,189 n/a nt, Dumas Bay Centre Operations (84,946) (167,777) (48.535) (166,138) - (224,006) nla nl' Knutzen Family Theatre 87,539 38,503 55,076 39,916 - 81,088 nla nla Total Ending Fund Balance $ 6,532,861 $ 8,061,535 $ 3,469,172 $ 5,867,767 $ - $ 8,700,685 nla nl . Annual Budget includes Long Range Plan Budget adjustments. Real Estate Excise Tax Compared to year-to-date 2008, collections are down $l.OM or 53.1%. July's receipt of $133K is $90K below July 2008's actuals and $68K above July 2009's projections. Compared to 2009 YTD Budget, collections are up $386K or 76.8%. The original adopted budget for 2009 was $2.8M. In June 2009, Council adopted a $2M reduction in REET projections bringing the revised budget to $800K. Compared to 2008, year-to-date number of real estate transactions decreased 178 or 17.6% in 2009. Another contributing factor is the amount of major sales (sales greater than $lM), which decreased $167.5M (equates to $829K in REET revenues) from year-to-date 2008. Year-to-date major sales in 2008 consisted of the sales of: Retail store located on Pacific Highway ($3.2M), Riverstone Apartments ($30.2M), Apartment complex located on SW Campus Drive ($65.3M), Silver Shadow Apartments ($13.4M), Commercial Building located on S 344th St ($23.7M), Shopping Center located on l5t Ave S ($6.8M), Apartment complex located on 10th Ave SW ($41.0M), Waterfront residential property ($2.lM), Chevron located on Enchanted Parkway ($3.4M), Quality Inn/Suites located on S. 348th St. ($6.3M), Warehouse located on 9th Ave S. ($7.4M), Commerical property located on 21st Ave ($l.2M), Hainnasters ($1.7M), an office building on 1st Way ($2. 1M), Residential property located on 6th Ave SW ($2.5M), Eastwind Motel ($2.6M), Days Inn ($4.0M), Evergreen Lodge ($8.2M), and Crystal Pointe Apartments ($9.6M). 2009's major sales include the controlling interest transfer of a property worth $63.0M, an office building located on S. 336th St for $l.lM, and a retail store on Pacific Hwy S. for $2.9M. July 2009 activities include 168 real estate transactions, of which 70 were tax exempt. REAL ESTATE EXCISE TAX REVENUES Year to date thru July 2008 2009 Change from 2008 2009 Actual vs Budget Month Actual Budget Actual $Var %Var $Var %Var Jan $ 590,477 $ 66,820 $ 60,134 $ (530,343) -89.8% $ (6,686) -10.0% Feb 511,905 62,509 44,975 (466,930) -91.2% (17,534) -28.1% Mar 162,401 75,436 93,877 (68,524) -42.2% 18,441 24.4% Apr 144,395 82,579 60,007 (84,388) -58.4% (22,572) -27.3% May 134,252 70,101 391,622 257,370 191.7% 321,521 458.7% Jun 130,736 81,014 105,997 (24,738) -18.9% 24,983 30.8% Jul 223,161 64,762 132,852 (90,309) -40.5% 68,090 105.1% Aug 140,235 57,078 - - Sep 112,732 78,434 - - - Oct 287,107 54,049 - - - - N:lv 52,763 61,261 - - - [S; 100,146 45,957 - - - - YTDTotal $1,897,326 $ 503,221 $ 889,4$3 (1,007,863) -53.1% 386,242 76.8OA Annual Total $2,590,310 $ 800,000 nla nla nla nla nla Sales Tax Compared to 2008, sales tax revenues are down $l.OM or 14.3%. July sales tax collection total $829K, which is $135K or 14.0% below 2008's July sales tax of $964K. Compared to 2009 YTD budget, sales tax revenues are down $64K or 1 %. The original adopted budget for 2009 was $12.6M. - In June 2009, Council adopted a $1.6M reduction in Sales Tax projections bringing the adopted budget to $ll.OM. There is an overall decrease in retail trade, construction, services, wholesaling, and fmance/insurance/real estate. Sales Tax bv SIC Code Retail sales continue to remain the largest source of sales tax revenue, accounting for 55% of all sales tax collections which includes General Merchandise Stores, Motor Vehicle & Parks Dealer, Building Material/Garden, and Miscellaneous Store Retailers. Year-to-date retail sales tax collection is below by $396K or 10.2% below year-to-date 2008. The decrease is due to decreases in General Merchandise Stores ($136K), Motor Vehicle & Parts Dealer ($116K), and Building Material & Garden ($70K). Services industry accounts for 22% of the total sales tax collections which includes Food Services/Drinking Places, Professional/Scientific/Tech, and Repair/Maintenance. On a year-to-date basis, services sales tax is down by $103K or 7.1% compared to 2008 mainly due to a decrease in Food Services & Drinking Places ($32K) and decrease in Professional/Scientific/Tech ($36K). Construction and contracting activity, which accounts for 8% of sales tax collections, is down $32lK or 40.3% from 2008's year-to-date activity. Construction activities include Construction of buildings and Specialty trade contractors. LOCAL RETAIL SALES TAX REVENUES Year-to-date thru July 2008 2009 2009 Change from 2008 2009 Actual vs Budget Month Actua I Budget Actual $ % $ % Jan $ 1,014,466 $ 862,464 $ 854,156 $ (160,310) -15.8% $ (8,308) -0.8% Feb 1,393,323 1,185,524 1,207,836 (185,487) -13.3% 22,312 1.6% Mar 911,140 794,560 816,547 (94,593) -10.4% 21,987 2.4% Apr 909,258 775,403 800,565 (108,693) -12.0% 25,161 2.8% May 1,142,019 939,917 874,919 (267,101) -23.4% (64,998) -5.7% Jun 883,361 840,864 800,518 (82,843) -9.4% (40,346) -4.6% Jul 964,231 849,018 829,441 (134,791) -14.0% (19,578) -2.0"A> Aug 1,071,441 1,018,830 - - - - - Sep 1,077,527 960,500 - - - - - Oet 1,036,171 923,167 - - - - - Nov 1,007,421 976,527 - - - - - Dee 733,798 873,227 - - - - - YTDTotal $ 7,217,799 $ 6,247,751 $ 6,183,981 $(1,033,818) -14.3% $ (63,769) -1.0% Annual Total $12,144,158 $11,000,000 nla nla nla nla nla COMPARISON OF SALES TAX COLLECTIONS BY SIC GROUP Year.to-date thru July Component 2008 2009 Change from 21108 Group Actual Actual $ % RetaHrade $ 3,868,290 $ 3,472,791 $ (395,500) -10.2% Serv~es 1,446,589 1,343,170 (103,420) -7.1% Construct/Contract 794,472 473,965 (320,507) -40.3% Wlo~amg 370,102 255,742 (114,359) -30.9% Trans~UiIly 12,833 3,494 (9,338) -72.8% ~forlTlltKll1 310,800 292,440 (18,360) -5.9% Mlnufactur~g 152,020 148,839 (3,181) -2,1% Govemrrent 36,075 38,175 2,100 5.8% I-inlllslReal Estate 217,715 144,542 (73,174) -33.6% Other 8,903 10,823 1,921 21.6% YTD Total $ 7)17,799 $ &,183,981 $(1,033,818) .14,3'/, Sales Tax bv SIC Code (continue) Wholesale trade accounts for 4% of the total sales tax collections. Year-to-date wholesaling activity is down by $114K or 30.9% below 2008 year-to-date. The decrease is mainly due to Durable goods ($IIIK). Information accounts for 5% of the total sales tax collections, which includes Telecommunications, Publishing and Motion Picture/Sound Record. Year-to-date information activity is down by $18K or 5.9% compared to 2008. The decrease is due to a decrease in publishing ($12K). Manufacturing activity accounts for 2% of the year-to-date sales tax collections is down by $3K or 2.1 % when compare to 2008 year-to-date. Manufacturing activity includes Wood product manufacturing, printing/related support, and furniture/related products. The majority of the decrease is due to decrease in activity of wood product manufacturing ($9K) and FurnitureIRelated Projects ($6K) offset by an audit performed by the Department of Revenue which resulted in an additional $16K received in 2008. Government activity shows an increase of $2K or 5.8% compared to 2008's year-to-date activity mainly due decrease in liquor sales tax of $17K offset by an increase in economic programs administration by $22K. Sales Tax bv Area The City's largest retail center, South 348th, which generates II % of the City's sales tax, is showing a decrease of $127K or 15.3% compared to the 2008 year-to-date. The decrease is due to decrease in Retail Building Materials ($72K) and Retail General Merchandise ($57K). The Commons year-to-date activity show a decrease of $92K or 14.2% compared to 2008. The decrease from 2008 consists of a decrease in General Retail Merchandise ($60K), Retail Apparel ($13K), and Retail Eating & Drinking ($13K). Major Auto Sale's year-to-date collection total $85K and is $104K or 55.0% below 2008 year-to-date. A major payor will be closing it's door on July 15th. The City is monitoring this to determine impact to future auto sales tax revenues. S. 3 12th to S. 3 16th tax collections are down $12K or 2.3% compared 2008's year-to-date. The decrease from 2008 is due to General Retail Merchandise increase of $6K. Pavilion Center tax collections shows a decrease of $28K or 8.7% compared to the prior year. The decrease is mainly due to a decrease in Electronics & Appliances of$19K. Hotel & Motels tax collections shows a decrease of $25K or 24.5% from the pnor year. Federal Way Crossings tax collection is down by $21K or 14.3% compared to the prior year. SALES TAX COM PAR/SON by AREA Year-to.date thru Ju/y Chg from 2009 Group 2008 2009 $ % Total Sales Tax $7,217,799 $6,183,981 ($1,033,818) .14.32% S 348th Retail B10cl $829,781 $702,855 ($126,926) -15.30% % chg from prey yr -8.4% -15.3% na na Percentage of total 11.5% 11.4% -0.1% -1.14% The Commons 649,231 556,962 ($92,269) -14.210,\ % chg from prey yr -2.5% -14.2% na na Percentage of total 9.0% 9.0% 0.0% 0.13% Major Auto Sales 189,165 85,154 ($104,011) -54.98'A % chg from prey yr -19.9% -55.0% na na Percentage of total 2.6% 1.4% -1.2% -47.46% S 312th to S 316th 531,&48 519,452 ($12,196) .2,29% % chg from prey yr 15.2".4, -2.3% na na Percentage of total 7.4% 8.4% 1.0% 14.04% Pavilion Center 321,172 293,366 ($27,806) .8.66% % chg from prey yr -0.3% -8.7% na na Percentage of total 4.4% 4.7% 0.3% 6.61% Hotels & Motels 103,525 78,143 (25,382) .24.52',\ % chg from prey yr 10.8% -24.5% na na Percentage of total 1.4% 1.3% -0.2% -11.90% FW Crossings 149,985 128,522 (21,463) .14.31% % chg from prey yr 19.91% -14.31% na na Percentage of total 2.1% 2.1% 0.0% 0.02% Hotel/Motel Lodging Tax HotellMotellodging tax collections through July total $83K. Compared to 2008 year-to-date, lodging tax is $20K or 19.2% below the same period. Compared to 2009 YTD Budget, lodging tax is $9K or 9.4% below budget. HOTEUMOTEL LODGING TAX REVENUES Year-to-date thru July 2008 2009 2009 Change from 2008 2009 Actual vs Budget Month Actual Budget Actual $ Var % VaT $ Var % VaT Jan $ 14,985 $ 12,366 $ 11,565 $ (3.419) -22.8% $ (801) -6.5% Feb 14,907 13,528 13,822 (1,085) -7.30/0 294 2.20/0 Mar 11,171 11,013 9.320 (1,851) -16.6% (1,693) -15.4% Apr 14,266 10,570 12,025 (2,241) -15.7% 1,455 13.8% May 17,107 17,425 14,597 (2,510) -14.7% (2,827) -16.2% Jun 13,684 13,006 9,910 (3,774) -27.6% (3,096) -23.8% Jul 16.160 13,340 11,394 (4,766) -29.5% (1,946) -14.6% Aug 20,201 18,661 - - - - Sep 29,471 17,755 - - - - Oct 12,150 21,436 - - - - Nov 15,123 16,904 - - - - Dee 9,607 13,997 - - - - YTD Total $ 102,281 $ 91,248 $ 82,634 $ (19,647) -19.2% $ (8,614) -9.4% Annua OUlI $ 188,833 $ 180,000 n/a n/a nla n/a n/a State Shared Revenue Year-to-date distribution of$2.9M is below 2008's activity by $238K or 7.5%. The unfavorable variance is due to a decrease in Fuel Tax and Local Criminal Justice Sales tax. STATE SHARED REVENUES Year to date thru July 2008 2009 Change from 2008 Revenue Actua I Actual $ % Liquor A"oms Tax $ 297,400 $ 299,582 $ 2,181 0.7% Liquor Excise Tax 310,875 318,549 7,675 2.5% Crim Just - Population 65,025 68,041 3,P16 4.6% Crirrinal Just Hgh Crirre 145,837 151,460 5,623 3.9% Local Crim Just Sales Tax 1,204,167 1,014,936 (189,231) -15.7% Fuel Tax" 1,135,089 1,068,026 (67,063) -5.9% DU - Cities 11,856 12,006 151 1.3% Annual Total $3,170,249 $ 2,932,601 $ (237,648) -7.5% Gambling Tax Gambling tax collection through July is $675K. In comparison to 2008 year-to-date collection, 2009's tax collection is $53K or 7.2% below the same period. The decrease compared to 2008's year-to-date to due to timing of receipts in the amount of$18K. When this is taken into consideration, the remaining variance of $35K, $28K is due to a decrease in gambling revenues from a major payor. The variance noted between the months of March and April is due to a major payor paying for both March and April in April of 2009. Compared to 2009 YTD budget, gambling revenues are down $51K or 7.0%. The original adopted budget for 2009 was $1.4M. In June 2009, Council adopted a $196K reduction in Gambling Tax projections bringing the adopted budget to $1.2M. GAMBLING TAX REVENUE Year- To-Date ThrouQh July 2008 2009 2009 Change from 2008 2009 Actual vs Budget Month Actual Budget Actual $ Var %Var $ Var %Var Jan $ 104,699 132,308 117,855 $ 13,156 12.6% $ (14,453) -10.9% Feb 142,126 91,890 129,368 (12,758) -9.0% 37,478 40.8% Mar 8,543 69,240 15,031 6,488 75.9% (54,208) -78.3% Apr 213,395 153,430 184,143 (29,252) -13.7% 30,713 20.0% May 24,498 68,751 21,780 (2,718) -11.1 % (46,971 ) -68.3% Jun 129,404 115,855 99,118 (30,286) -23.4% (16,737) -14.4% Jul 104,915 94,178 107,752 2,837 2.7% 13,574 14.4% Aug 103,934 102,834 - - - - Sep 110,993 82,963 - - - - Oct 181,155 117,616 - - - - Nav 91,959 93,952 - - - - Dee 44,162 76,984 - - - - YTD Total $ 727,580 $ 725,652 $675,049 $ (52,532) -7.2% $ (50,603) -7.0% Annual Total $1,259,783 $ 1,200,000 nla nla nla nla nla Utility Tax (Total 7.75%) Utility taxes received through July total $8.6M (includes Proposition I utility tax revenues), and is above 2008 year-to-date collections by $189K or 2.2%. Of the $189K increase, $123K is due to an increase in overall revenues for a major gas vendor. Compared to year-to-date budget, utilities tax revenues are above 2009 budget by $20K or less than I %. Compared to Budget, July's collection of $l.OM is $4K or less than I % below budget. The original adopted budget for 2009 was $14.8M. In June 2009, Council adopted a $l.OM reduction in Utility Tax projections bringing the adopted budget to $13.7M. UTIUTYTAXES Year.ta-date thru July 2008 2009 2009 Change from 2008 2009 Actual vs Budget Month Actual Budget Actual $Var %Var $Var %Var Jan $ 1,205,190 $ 1,229,274 $ 1,238,871 $ 33,681 2.8% $ 9,598 0.8% Feb 1,263,500 1,288,749 1,328,488 64,988 5.1% 39,739 3.1% Mar 1,472,457 1,501,881 1,494,570 22,113 1.5% (7,312) -0.5% Apr 1,151,823 1,174,640 1,220,450 68,627 6.0% 45,610 3.9% May 1,334,351 1,361,015 1,330,181 (4,170) -0.3% (30,835) -2.3% Jun 1,031,364 1,051,974 1,019,775 (11,589) -1.1% (32,199) -3.1% Jul 994,888 1,014,769 1,010,391 15,503 1.6% (4,378) -0.4% Aug 970,773 990,172 - Sep 905,271 923,361 - - - Oct 1,011,662 1,031,878 - - !'bv 1,015,331 1,035,621 - Dlc 1,112,530 1,134,762 - YTD Total $ 8,453,572 $ 8,622,502 $ 8,642,726 $ 189,154 2.2% $ 20,224 O.2"A Annual Total $13,469,137 $ 13,738,296 nla nla nla nfa nfa Compared to year-to-date 2008 - · Electricity is up by $22K or less than 1 %. · Gas is up by $123K or 8.0% due to increase in overall revenues for a major vendor compared to 2008 of $1.6 million, which equates to utility tax increase of$124K. · Solid Waste is down by $23K or 5.2%. The decrease is mainly due to the downturn in the economy, which means reduced consumption. King County Transfer Stations have shown a reduction in garbage tonnages of nearly 10% compared to the prior years. Federal Way shows a decrease of 17% reduction in overall tonnage (garbage, yard waste, and recyclables) hauled by Waste Management, when comparing to prior years. · Cable is up less than $IK or 1%. · Cellular phone is up $89K or 5.0%. Of the $89K, $70K is due to back taxes from a major payor for years 1998-2009. · Phone is down $17K or 2.4%. UTlUTY TAXES Year.tll-date thru July 2008 2009 Change from 2011 Actual Actual $Var %Var EEctric $ 3,016,862 $ 3,038,949 $ 22,086 0.7% Gas 1,549,082 1,672,521 123,438 8.0% Soid Waste 454,174 430,742 (23,43~ -52% QlbE 800,701 800,897 196 0.0% Alone 719,634 702,234 (17,400) .2.4% Celular 1,771,661 1,860,245 88,584 5.0% Pager 183 1,287 1,104 604.8% SVIM 144,803 143,321 (1,483) .1.0% Tax Rebate (9,528) (13,468) (3,940) 41.3% Annual T olal $ 8,453,572 $ 8,642,726 $ 189,154 2.2% Update on Proposition 1 Year-to-date prop 1 expenditures total $1.8M or 56.1% of the $3.2M budget. An additional $300K was transferred from Prop 1 fund balance for Police Overtime support in 2009 and an additional $300K is earmarked for 2010 Police Overtime. The negative ending balance in the annual budget of$21K is for SafeCities carryforward monies from 2008, which will be supported with Prop I ending balance. Year-to-date Prop 1 Utility tax collections total $7.4M and expenditures total $6.4M resulting in ending fund balance of $1.0M. 2007 2008 2009 PROP 1 Annual Annual Annual YTD LIFE TO Actual Actual Budget Actual DATE Beginning Balance: $ - $ 2,403,852 $ 511,451 $ 511,451 n'a OPERATING REVENUES January $ - $ 272,140 $ 159,947 $ 279,745 $ 551,885 F ebrua ry - 285,306 167,686 299,981 585,288 March 228,439 332,490 329,680 337,484 898,413 April 276,447 260,089 315,343 275,585 812,122 May 238,931 301,305 317,518 300,363 840,599 June 214,641 232,889 263,031 I 230,272 677,801 July 212,370 224,652 256,855 I 228,153 665,175 August 206,496 219,207 250,202 - 425,703 September 224,461 204,416 252,068 - 428,877 October 222,126 228,440 264,815 - 450,566 Novem ber 227,349 229,268 268,372 - 456,617 Decem ber 352,592 251,216 354,882 - 603,808 Total utiIitYTiIX for Prop 1 2,403,852 3,041,.418 3,200,399 1,951,583 7,396,854 OPERATING EXPENDITURES Public Safety Improvement Positions & Costs: Police Servi ces (includes sworn post ions, records clerk, and indirect Information Technology support costs) 1,300,020 1,700,255 2,484,509 1,388,776 4,389,051 Court Services (includes Judge, Court elerk, Prosecutor, public defender contract and indirect Inform ation Tech nology support) 252,495 342,483 366,119 208,726 803,704 TotalPublic SlIfetYll1'Ipr6VemenfPositiolls & 1,552,515 2,042,738 2,850,628 1,597,502 5,192,755 Community Safety Program Costs: eode Enforcement Officer 58,799 87,845 93,155 51,770 198,413 eode Enforcement eivil Attorney 39,066 71,496 69,962 44,999 155,560 Park Maintenance 71,437 96,341 107,562 54,722 222,500 Total..Comrnullitv.Safetv.ll1'Ipro\l'ernellt.Prollrar 169,301 255,682 270.679 151,491 576,473 Indirect Support - HR Analy st 35,300 42,482 40,467 I 21,602 99,384 Safecity M&O - - 59,553 I 37,500 37,500 Total..Onlloillg.Expenditures 1.757,116 2,340,901 3.221.327 1.808,095 5,906,113 Safecitv StartuP - 189,066 - I - 189,066 Total Prop1ExPenditures 1,757,116 2,529,968 3,221,327 1,808,095 6,095,179 Other Transfer - Prop 1 OT for Police - - - I 300,000 100 .000 Total Other Transfer - - - ~nn nnn Total Endirj9f"!.lrji:ll:lli!l~nce#i; i~K Ji 511,451 ......~..... t~P!~~~) ..~.... 1 'A1 A71t Less Earmarked for 2010 Prop 1 Police Overtime: 300,000 Adlusted Reserve fOI;P(ob 1; 701,!>7~ Permit Activity Year-to-date building permit activity is below 2008's year-to-date activity by $153K or 16.1%. Compared to 2009 year-to-date budget estimates, permit activity is up $32K or 4.2%. The original adopted budget for 2009 was $I.6M. In June 2009, Council adopted a $349K reduction in Building Permits & Fees projections bringing the adopted budget to $1.3M. Community Development's positive expenditure variance of $253K mainly due to savings found in one-time funded programs such as continuing unfit structure program in 2009 and professional services for Human Services compared to 2008's spending patterns. BUILDING PERMITS & FEES Year-to-Date Through July 2008 2009 2009 Change from 2008 2009 Actual vs Budget Actual Budget Actual $ % $ % Jan 103,926 67,981 74,914 (29,012) -27.9% 6,932 10.2% Feb 153,553 107,947 102,637 (50.915) -33.2% (5,310) -4.9% Mar 102,894 100,776 65,496 (37,398) -36.3% (35,280) -35.0% Apr 157,200 143,260 119,612 (37,588) -23.9% (23,649) -16.5% May 156,337 125,787 84,616 (71,721) -45.9% (41,171) -32.7% Jun 129,521 119,507 184,937 55,415 42.8% 65,430 54.7% Jul 145,825 98,835 164,090 18,265 12.5% 65,255 66.0% Aug 149,118 122,214 - - . - - - Sep 85,526 83,931 - - - - - Oct 101,058 105,910 - - - - - Nav 83,398 91,963 - - - - - Dee 112,856 90,966 - - - - - YTD Total 949,255 764,094 796,301 (152,954) -16.1% 32,207 4.2% Annual Total 1,481,211 1,259,077 796,301 n/a n/a n/a n1a Right-of-way permits and development services permit fees are down by $49K or 17.3% when compared to 2008's year-to-date activity. Right-of-way permits issuance is normal; all other permits such as residential, commercial and plats are significantly down due to economic conditions in the market place. In previous months, there were two major permits issued, a new school and a church; staff continues reconciling old projects which have generated some additional permit fees. Owners are not proceeding with new plats since there is a surplus of new homes, new lots, and other financial issues. This is the same for the commercial market, there is an excess of existing office space and also banks are more stringent on lending practices. Public Works Operations year-to-date expenditures total $2.4M and is $285K or 10.4% below estimates mainly due to savings due to vacancies, timing of payments for utilities and intergovernmental expenditures compared to 2008's spending patterns. ROW PERMITS & DEVELOPMENT SERVICES FEES Year-to-Date Through July 2008 2009 2009 Change from 2008 2009 Actual vs Budget Actual Budget Actual $ % $ % Jan 46,426 38,497 21,536 (24,890) -53.6% (16,961) -44.1% Feb 33,886 47,238 20,293 (13,593) -40.1 % (26,945) -57.0% Mar 27,416 31,749 19,578 (7,838) -28.6% (12,171) -38.3% Apr 85,319 52,354 54,982 (30,337) -35.6% 2,627 5.0% May 30,690 39,869 51,768 21,078 68.7% 11,900 29.8% Jun 33,582 46,245 28,828 (4,754) -14.2% (17,417) -37.7% Jul 25,388 41,552 36,809 11,422 45.0% (4,742) -11.4% Aug 52,999 57,449 - - - - - Sep 33,896 36,316 - - - - - Oct 41,746 45,624 - - - - - Nav 18,542 41,113 - - - - - Dee 31,763 50,995 - - - - - YTD Total 282,706 297,504 233,794 (48,912) -17.3% (63,710) -21.4% Annual Total 461,652 529,000 233,794 n/a n/a n/a n/a Police Department Expenditures through July total $11.7M and is $3K or less than 1% above the year-to-date budget of$11.7M due to overage found in various line items. Through July, City overtime is 31.2% or $173K below last year. There is a 63.7% increase in overtime for contracted services and traffic school. When the increase from the billable overtime is included, the total overtime decreased $139K or 23.0%. The Overtime budget consists of $686K for City overtime, $30K for billable overtime, $57K for Traffic Safety overtime, and the remaining $51 K is for grant overtime. The increase in billable time compared to year-to-date 2008 is due to the addition of the Registered Sex Offender Grant for 2009 which is reimburse to the City for overtime worked for related cases. The continued decrease in overall overtime YTD is primarily due to the management of personnel and operations in the field. PO DYe rtim e by Type through July Type 2008 2009 $ % Trailing $ 34,588 $ 11,802 $ (22,786) .65.9% Court 22,004 21,868 (136) -0.6% FIe~ Qler 421,990 279,142 (142,848) .339% aher 74,193 67,407 (6,785) .91% City Portion 552,774 380,219 (172,555) .31.2% ContracVGrant 31,039 62,173 31,134 100.3% Traffic School 21,148 23,254 2,106 10.0% Billab~ 52,186 85,427 33,241 63.7% Grand T olal $ 604,961 $ 465,646 $ (139,315) .23.0% PDOvertime By Month 2008 2009 2009 Change from 2008 2009 Actual ys Budget Actual Budget Actual $ % $ % Jan $ 109,143 $ 79,394 $ 46,441 $ (62,702) -57.4% $ (32,953) -41.5% Feb 55,992 40,730 39,356 (16,636) -29.7% (1,374) -3.4% Mar 92,471 67,266 57,836 (34,634) -37.5% (9,429) -14.0% Apr 71,318 51,879 59,767 (11,552) -16.2% 7,888 15.2% May 81,620 59,373 58,365 (23,256) -28.5% (1,008) -1.7% Jun 57,411 41,762 53,747 (3,664) -6.4% 11,985 28.7% Jul 84,818 61,699 64,707 (20,111) -23.7% 3,008 4.9% Aug 89,490 65,098 - - - - - Sep 84,346 61,355 - - - - - Oct 72,636 52,837 - - - - - Nay 67,006 48,742 - - - - - Dee 76,286 55,493 - - - - - City Portion YTD $ 552,774 $ 402,103 $ 380,219 $ ( 172,555) -31.2% $ (21,884) -5.4% Billable YTD 52,186 83,457 85,427 33,241 63.7% 1,970 2.4% YTDTotal 604,961 485,559 465,646 (139,315) .23.0% (19,913) -4.1% Annual Total $ 942,538 $ 823,949 n/a n/a n/a n/a nla Jail Services Jail Services through July is $812K and is below the year-to-date budget estimate of $890K by $78K. Of the $78K favorable variance, $67K is due to 2008's medical reimbursement from Yakima County. The City currently uses City of Fife, City of Enumclaw, King County, and Yakima County for Jail Services. Court Municipal Court year-to-date expenditures of $750K is $18K or 2.4% above estimates. The negative variance is due to increase in interpreter services when compared to 2008's spending patterns. Excluding probation through July revenue is up by $78K or 9.4% compared to year-to-date 2008. When probation is included, the increase is adjusted to $60K or 6.7%. Total filings year-to-date in July 2008 was 10,530 and in 2009 was 12,086; an increase of 1,556 or 14.8%. COURT REVENUE Through July 2008 2009 2009 Change from 2008 2009 Actual vs Budget Month Actual !lJdget Actual $Var %Var $Var %Var January $ 116,641 $ 105,364 $ 101,503 $ (15,139) -13.0% $ (3,862) .3.7% February 120,754 110,665 131,674 10,920 9.0% 21,010 19.0% March 113,512 114,511 152,207 38,695 34.1% 37,697 32.9% April 105,654 107,622 135,453 29,799 28.2% 27,831 25.9% May 144,650 120,433 122,982 (21,668) -15.0% 2,549 2.1% June 105,540 113,434 149,042 43,501 41.2% 35,608 31.4% Ju~ 121,874 113,810 113,664 (8,210) -6.7% (146) -0.1% August 119,814 116,495 - - SepterrtJer 120,299 110,258 - October 112,056 125,983 Noyerrber 92,227 114,980 - Decerrber 140,968 114,445 Subtotal $ 828,626 $ 785,839 $ 906,525 $ n,899 9.4% $ 120.686 15.40/. A"obation Svcs 57,339 81,261 39,212 (18,127) -31.6% (42,049) -51.7% YTD Total $ 885,966 $ 867,100 $ 945,737 $ 59,m 6.7% $ 78,638 9.10/. Annual Total 1,507,362 1,469,000 nla nla n/a nla nla COURT REVENUE Through July 2008 2009 Change from 2008 Actual Actual $Var %Var Civi Penanies $ 12,109 $ 12,768 $ 658 5.4% Traffic & Non-Parking 568,461 647,099 78,637 13.8% Parking Infractions 45,555 56,396 10,841 23.8% DUI & Other Msd 37,940 33,217 (4,722) -12.4% Crilrinal Traffic Msd 5,308 1,498 (3,810) -71.8% Crilrinal Costs 51,460 55,191 3,731 7.3% Interest I Other I Msc 26,305 25,038 (1,267) -4.8% Crilrinal Cony Fees 14,682 11,433 (3,249) -22.1% Shared Court Costs 24,616 23,574 (1,042) -4.2% Services & Charges 42,190 40,312 (1,878) -4.5% Subtotal $ 828,626 $ 906,525 $ 77,899 9.4% A"obation Services 57,339 39,212 (18,127) -31.6% Annual Total $ 885,966 $ 945,737 $ 59,771 6.7% Traffic and non-parking fmes total $647K and is $79K or 13.8% above year-to-date 2008. Parking infractions total $56K and is $IIK or 23.8% above year-to-date 2008. DUI and other misdemeanors total $33K and is $5K or 12.4% below year-to-date 2008. Criminal costs total $55K and is $4K or 7.3% above year-to-date 2008. Criminal Conviction Fees total $IIK and is below year-to- date 2008 by $3K. Traffic Safety/Red Light Photo Enforcement Traffic Safety fund accounts for Red Light Photo Enforcement, which started on August 15th of 2008 for a 30-day warning period and actual citations started on September 15th. In June, the Council increased Traffic Safety fund budget to $580K. Federal Way has received $532K in Red Light Photo net revenues (net of payment to ATS for January through June). Total ATS revenues received are for 7 months for 2009. Parks & Recreation Overall parks operations expenditures, including administration, park planning, parks maintenance and general recreation, through July total $2.0M and is $268K or 11.7% below the year-to-date budget of $2.3M. The expenditure savings is mainly due savings found in other services/charges offset by overage in temporary help compared to 2008's spending patterns. General Recreation and Cultural Services Direct program expenditures total $521K or 64% of the total annual budget of $814K not including indirect costs. Including indirect administration costs, recreation expenditures total $714K and are 60.7% of the total annual budget of$1.18M. Recreation fees total $498K and are 84% of the total annual budget of$594K. Recreation fees have recovered 95.7% of direct program costs and is 22.8% above the annual budgeted recovery ratio of 72.9%. Considering indirect administration costs, the recovery ratio is reduced to 69.8% or 19.3% above the annual budgeted recovery ratio of 50.5%. General Recreation revenues of$507K is $137K above year-to-date budget of$370K. Compared to year-to-date actual, general recreation is above 2008' s year-to-date of $479K by $29K. Summer Day camp is very successful averaging over $20K per week with 135 day campers and 12 in teen camp, revenues are lower compared to last year because 2008 was extremely successful and the school calendar allowed for 11 weeks of summer last year and only 10 this year. Adult athletics has increased by $17K with strong participation and the addition of a new Women's basketball league. Senior programming is an area of great accomplishment. Staff has networked very effectively to combine trips and programs with neighboring cities and senior centers to ensure success and lower cancelations. This was accomplished in part by adding a number of new drop-in programs and by continuing to market our existing programs in new and creative ways, including visits to retirement homes and direct mailing of monthly schedules to current participants. Some of the existing programs, including line dancing and tai chi, have seen attendance double and triple. The table below is a comparison of budgeted versus actual subsidy and recovery ratio by program. RECREATION, CULTURAL SERVICES, COMMUNITY CENTER AND DUMAS BAY CENTRE PERFORMANCE Year to Date Through July 2009 Annual Budget Year-to-date Actual Recovery Recovery Variance Program Revenue Expend Subsidy Ratio Revenue Expend Subsidy Ratio Subsidy GENERAL RECREATION Steel Lake Aquatics 2,000 20,360 18,360 9.8% - 13,511 - nla n/a Arts & Special Events 93,000 199,946 106,946 46.5% 101,589 97,535 (4,054) 104.2% 111,000 Youth Athletics 42,450 100,134 57,684 42.4% 31,597 47,150 15,553 67.0% 42,132 Adu~ Athletics 202,960 139,593 (63,367) 145.4% 120,578 68,068 (52,510) 177.1% (10,857) Community Recreation 124,000 145,197 21,197 85.4% 163,674 145,109 (18,565) 112.8% 39,762 Recreation Inc 48,850 61,850 13,000 79.0% 37,485 43,783 6.298 85.6% 6,702 Youth Commission - 1,800 1,800 n/a 540 1,406 866 n/a 934 Red, White & Blue 21,500 41,550 20,050 51.7% 14,181 43,675 29,494 n/a (9,444) Senior Services 58,740 103,784 45,044 56.6% 28,698 60,474 31,776 47.5% 13,268 Subtotal $ 593,500 $ 814,213 $ 220,713 72.9% $ 498,341 $ 520,709 $ 22,369 95.7% $ 198,345 Administration - 362,158 362,158 n/a - 193.437 193.437 n/a 168,720 50.5%1 $ 498,341 I $ 714,147 I $ 215,806 I 69.8%1 $367,0651 I TOTAL GENERAL RECREATION 1 $ 593,500 I $ 1,176,371 1$ 582,871 I TOTAL FW COMMUNITY CENTER $ 1,690,157 $ 2,069,859 $ 379,702 I 81.7% $ 953,170 $ 1,259,902 $ 306,731 75.7% $72,971 DUMAS BAY CENTRE Dumas Say Centre 589,132 587,493 (1,639)1 100.3% 282,122 338,351 56,229 83.4% (57,868) Knutzen Family Theatre 98,087 232,397 135,720 I 42.2% 46,805 139,944 93,138 33.4% 41,171 I TOTAL DUMAS BAY CENTRE Arts Commission GRAND TOTAL Dumas Bay Centre Dumas Bay Centre operating revenue of $282K is below by $36K or 11.3% compared to year-to-date budget of $318K. While the economic climate has resulted in a decrease in day use meetings, the facility has been able to secure multiple back to school staff meetings and has an increase in wedding bookings for the summer season. Booked rentals at Dumas Bay Centre for 2009 currently total $454K. Operating expenditures through July total $338K, which is $22K or 6.9% above the year-to-date budget of $316K. Expenditures are higher due to fixed operational costs. Dumas Bay Centre has recovered 83.4% of its operating expenses. Ending fund balance for DBC is a negative $224K, which includes negative fund balance from previous years. Staff continues to work with new rentals and increasing services with existing rental groups daily. Knutzen Familv Theatre Operating revenue of $47K is below year-to-date budget of $82K by $35K or 42.7%. Operating expenditures through July total $140K, which is $12K or 9.7% above the year-to-date budget of $128K. Knutzen Theatre has recovered 33.4% of its operating expenses. KFT cumulative ending fund balance is a positive $81K. Federal Way Community Center The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and designated utility tax transfer. The facility opened early March 2007. 2009 YTD Budget 2008 2009 vs Actual Federal Way Annual Annual Annual 'IU Community Center Budget Actual YTD Actual Budget Budget YTD Actual $ % Beginning Fund Balance $ 21,395 $ 21,395 $ 21,395 $ 984 $ 984 $ 984 n/a nl< Revenues Daily Drop-ins $ 541,907 $ 325,218 $ 210,902 $ 516,907 $ 335,211 $ 216,279 $ (118,932 -36% Passes 583,250 626,258 382,309 583,250 356,054 357,838 1,784 1% C~v Staff Membership - Employee 51,750 41,424 19,592 103,500 48,951 34,060 (14,891 -30% City Staff Membership - Family - - 3,858 - - 15,395 15,395 n/a Event Admissions 6,500 - - 6,500 - - - n/a Youth Athletic Proqrams 19,000 30,996 5,414 17,000 2,969 25,036 22,067 743% Open Gym/Indoor Playground 1,000 - - 1,000 - - - n/a Aauatics Programs-Lessons/Classes 148,000 107,232 71,45' 148,000 98,620 86,669 (11,951) -12% Childcare Fees 10,000 8.523 6,081 10,000 7,135 5,475 (1,659 -23% F~ness Classes/F~ness Trainina 5,000 20.924 8,607 20,000 8,227 57,398 49,171 598% Towel/equipment Rentals 8,000 5,264 3,471 8,000 5,275 4,143 (1,132) -22% Pool Rentals/ComDet~ive-LaD Lanes 36,000 20,644 11,565 36,000 20,168 12,756 (7,411) -37% Rentals 213,000 181,102 110,350 203,000 123,693 115,628 (8,065 -7% Merchandise Sales 21,000 4,952 3,081 21,000 13,064 5,668 (7,396 -57% ConcessionsNending 19,000 23,587 15,159 16,000 10,283 16,059 5,776 56% Interest Eamings/Other Misc Revenues - 2,639 2,180- - 767 767 n/a Total Revenue 1,663,407 1,398,763 854,021 1,690,157 1,029,648 953,170 (76,478) -7.4% Expenditures Personnel Costs 1,232,385 1,185,737 704,038 1,244,283 738,800 769,823 (31,023) -4.2% Su pDlies 133,254 171,973 91,240 159,250 84,490 90,544 (6,054 -7.2% Other Services & Charges 171,591 115,055 61,275 133,232 70.955 104,058 (33,103 -46.7% Utility Cost 381,000 379,426 197,721 381,000 198,541 209,489 (10,948 -5.5% Intergovemmental 2,000 17,387 10,463 15,500 9,327 10,636 (1,309 -14.0% Capital 22,000 - - 13,000 - - - 0.0% Intemal Service Charqes 119,531 119,421 69,728 123,594 72,165 75,351 (3,186) -4.4% Total Expenditures 2,061,761 1,988,998 1,134,465 2,069,859 1,174,279 1,259,902 (85,623) -7.3% Operating Rev Over / (Under Exp) (398,354) (590,235) (280,443) (379,702 (144,631) (306,731) (162,100) 112.1% Other Sources Transfer in - FWCC Reserves - - - 311,927 - - - Transfer In from CIP Fund - - - 50,000 50,000 50,000 - n/a Transfer In from Utax Fund 528,348 528,348 308,203 554,766 323,614 338,442 (14,828) -2.8% Total Other Sources 528,348 528,348 308,203 916,693 373,614 388,442 14,828 4.0% Other Uses Other Services/Charges - 23,526 - 50,000 17,695 17,695 - n1a Interfund Loan Payment - - - 65,000 65,000 65,000 - n/a Total Other Uses - 23,526 . 115,000 82,695 82,695 - n/a Net Income 129,994 (85,413) 27,760 421,991 146,288 (984 (147,272 -100.7% Endin!l Balance $ 151,388 $ (640161 $ 49,157 $ 422 975 $ 147,272 $ (0 $ 147,272 -100.0% TemDorarv Interfund Loan - 65,000 - - - - - n/a EndinQ Fund Balance $ 151,388 $ 984 $ 49,157 $ 422,975 $ 147,272 $ (0 ""~""'''I .100.0% The operating revenue budget includes $1.7M in user fees/program revenues, $867K contribution from utility tax, and $50K from capital for marketing plan. Through July, operating revenues total $953K and is $76K or 7.4% below year-to-date projections. Year-to-date projections are based on 2008's year-to-date actual compared to annual actual. Compared to 2008 year-to-date actual, operating revenues have increased $99K or 11.6%. The following variances were found in revenues: Federal Way Community Center (continued) · Drop-in revenues were up by $17K (61%) over monthly average of first 6 months in 2009. Annual revenue estimates still show a significant negative variance, primarily due to Original Business Plan Projections that have proven unattainable. Extremely hot weather, coverage in the press, expanded marketing efforts, and improved customer service all contributed to the July increase. · Pass sales are performing 1% above projected YTD. Sales have remained strong due to added sales and retention efforts. Pass sale units are higher this year than last year, and are currently at 1,749 (3,900 total members). The City Staff Memberships have been separated from Generic Passes, and show a negative variance of 30% for employees, but balance out with the addition of "Family" revenues. Police Guild Multi-Visit estimates for the year were set at $51,000 based on predicted enrollment. Due to low Police Guild enrollment, YTD revenues through July were at $2,000. · Youth Athletic Program revenues have already exceeded annual projections by $8K, and are due to increased enrollment and the addition of a new program called Kidz Love Soccer. · Aquatics Lesson revenues show a negative variance of 12%, but increased in July by $8K (50%) over the first 6 months average. · Fitness Classes/Fitness Training revenues have already exceeded annual projections by $37K due to the success of Biggest Loser and other Fitness Training based classes and services. · Pool rentals are below budget by $7K. Demand, which usually comes from schools and public or private clubs, has decreased due to budget limitations. Space availability has also become limited due to the fact that more open swim times have been created to meet public demand. · Strong summer rental numbers have improved the negative variance slightly, from 8% last month to 7% through the end of July. · During marketing review and implementation, merchandise sales were reduced while new logo and tagline were in development. To make up for lost merchandise revenues, focus was shifted to concessions and vending sales which resulted in a positive variance of$6K. Sales of new merchandise, including water bottles, with new logo and tagline will begin in September of2009. Through July, operating expenditures total $1.3M and is $86K or 7.3% above YTD budget estimates. Federal Way Community Center has recovered 75.7% of operating expenditures compared to the annual budgeted recovery ratio of 81.7%. The following are variances found in expenditures: · Personnel costs are over by $31K through July 2009. At the conclusion ofJune 2009, the variance was a negative $36K. Adjusted statImg levels, and other initiatives have attributed to $5K savings to July personnel expenditures, or a 1.7% improvement to the YTD variance. The following is a list of factors that have led to a YTD negative variance, as stated in the June MFR. o Increased levels of service in the first quarter and second quarter of2009 to meet building use demands, security, cleaning, and rental staffmg o The addition of new programs typically increases part-time staffing costs, but are off-set by Program revenues; examples, Youth Athletic classes, Adult Fitness classes, Youth and Teen Late Nights o Elimination of contracted custodial services in April resulted in contracted costs savings of $2,400 per month, but increased part-time custodial costs by $1,000 per month. o Part-time staff coverage also increased to cover vacancy of full-time positions due to budget cut and vacation requests. · Year-end personnel cost savings are expected, with layoff reductions to the Office Tech staff, and other staffmg level adjustments. · Efforts to control supply costs and utility usage will continue. Increases to inventory numbers in July have negatively affected YTD expenditures. However, changes to supply ordering schedules will reduce overall billings. · Service charges are higher than expected due mostly to increased personal training fees and professional service contracts. These expenses are offset by excellent Fitness revenue numbers, as mentioned above. Efforts to control and/or reduce other service contract costs include elimination of contracted custodians and savings in Landscaping service. City's contribution of $867K for the Community Center was scheduled to annually provide $555K for maintenance/operations and $312K for capital reserves. Through July 2009, $307K is needed to cover maintenance and operations and an additional $65K is needed to repay General Fund for an interfund loan at year-end in 2008. Through July, the Community Center is using 61.0% of their contribution for maintenance/operations for on-going operations. Federal W<<:v Community Center (continued) The Federal Way Community Center currently has $500K in their capital construction budget. Planned capital expenditures include the following: building security/CCTV ($30K), improve sound system ($70K), community center outdoor furniture ($45K), outdoor playground/equipment ($30K), miscellaneous operating equipment ($33K), cafe construction ($112K), marketing plan ($50K), enhancements ($IIK), and unallocated construction ($119) Other Departmental Variances City Council year-to-date expenditures total $304K is $8K above estimates mainly due to over-expenditure in travel/training. City Manager year-to-date expenditures of $l.lM is over year-to-date budget by $41K mainly due to payment to Friends of Hylebos ($1 OK) and Sponsorship Program ($20K). Both items will be reconciled within the general fund at year-end. Economic Development year-to-date expenditures of $141K is below year-to-date by $74K mainly due to under-spending of one-time temporary help and consulting services for the downtown redevelopment project compared to 2008's spending patterns. Human Resources year-to-date expenditures of $525K is below year-to-date budget by $30K mainly due to increase in election services compared to 2008 spending patterns offset by savings found in salaries/benefits due to vacancy and I-time professional services. Finance year-to-date expenditures of$558K is below year-to-date budget by $14K mainly due to position vacancy savings. Law year-to-date expenditures total $792K and is $25K above estimates mainly due to increase in outside counsel compared to 2008's spending patterns. CASH & INVESTMENTS Overall year-to-date interest earnings for all funds through July 2008 compared to year-to-date through July 2009 decreased by $718K. The unfavorable variance is due to the decrease in interest rates for the overall market. The interest rates have decreased from July 2008 to July 2009 from 2.35% to 0.62%. Currently the only investment is in the State Investment Pool. The average portfolio yield is 0.62%, which is above the average 6-month US Treasury Bill (0.28%). The total invested balance at the end of July is $61.84M, which is invested in the state investment pool. The state pool is composed of Treasury Securities (26.10%), agency coupons (4.23%), interest bearing bank deposit (2.78%), agency floating rate notes (25.34%), agency variable rate notes (8.19%), discount notes (12.78%), certificates of deposit (2.84%), N.O.W accounts (20.58%), and Reverse Repo Agreements (-2.84%). The City's total investment portfolio is made up of 100% State Pool. SIP Average Invested Balance by Type July 2009 Interest Rates Comparison For the Month of July 2009 Agency Coupons 4.00% [lscount Notes 12.09% 5.0% 4.0% IB Bank Depos~s 2.63% 6.0% ..---.'1 NOW Accounts 19.47% Cert~icates of Depos~ 2.69% 3.0% 2.0% 1.0% 0.0% III 6 Month T-Bill . State In-.estment Pool Din-house In-.estment . Portfolio A-.ersge 2004 2005 2006 2007 2008 2009 FUND ACTIVITY SUMMARY Fund/Fund.. Narne Beginnil1gFund Net Income BalaI1Ce.at..111/2009 Revenue Expenditure In/(Out) 7131/2009 GenerallStireetFund: $ "CA" !t"'7 $ .,"....."'....A $. ~6,96~,694 $ (1,051,600) $ 4;$90,71)7 Debt Service FUTJd: 1,763,667 1,9~4,~6 6~4,362 ....!t...n !t"A Special Revenue 1 02 Arterial Street 482,407 1,810,309 1,733,872 76,437 558,845 103 Utility Tax (*) 6,340,188 9,575,646 10,875,626 (1,299,981) 5,040,207 106 Solid Waste & Recycling 173,319 182,161 254,923 (72,762) 100,557 107 Special Contracts/Studies Fund 272,788 1,518 2,560 (1,042) 271,746 109 HotellMotel Lodging Tax 194,145 86,612 109,264 (22,652) 171,492 110 2% for the Arts 293 - - - 293 111 Federal Way Community Center 984 1,341,613 1,342,597 (984) 0 112 Traffic Safety Fund 135,819 532,512 400 532,112 667,931 119 CDBG (**) - 8,378 57,496 (49,118) (49,118) 120 Path & Trails 193,195 90,869 224,000 (133,131) 60,064 'Fi'ii1CJ.s 7,79~.138 <"A ......... ....... 107. ......,. 1:t1l_t\..1I \;or' ','+YI Capital Project: 301 Downtown Redevelopment 6,615,425 537,620 65,129 472,491 7,087,916 302 Municipal Facilities 1,552,789 48,058 470,365 (422,307) 1,130,482 303 Parks 4,571,295 657,417 1,067,063 (409,646) 4,161,649 304 Surface Water Management 4,715,793 478,584 657,704 (179,120) 4,536,674 306 Transportation 13,512,680 7,789,377 5,935,880 1,853,497 15,366,178 'lnQi::'7QIl~l .QIl~~nllli: 1l/IGi::~A~ ~ ~~AG~1l ......"... .,11..>11611. Enterprise Funds 401 Surface Water Management 65,276 2,290,895 2,173,983 116,913 182,189 402 Dumas Bay 224,832 465,817 495,951 (30,134) 194,698 Subtotall#i1t~!'Pfi{}f#fl!.f!l.CJ.$. 290.108 ..,IUIQQ'l!!i< 8~;779 37.6;~~7. Internal Service Funds 501 Risk Management 5,354,870 493,068 520,186 (27,118) 5,327,752 502 Information Systems 2,970,248 1,347,196 1,081,075 266,122 3,236,370 503 Mail & Duplication 260,797 124,130 76,593 47,537 308,334 504 Fleet & Equipment 3,291,809 1,269,154 497,581 771,573 4,063,382 505 Buildings & Furnishings 1,170,286 235,634 239,850 (4,217) 1,166,069 1!!inAlln~ n .."A~Il?Ili:: 1,0:ia.$97 "A..n..an"> $ IlQllnll<?~~ $ .,,,, ....,,"AD $ ullll'lilll!!i $ 1'7~'l1Qli: $ i::il2'lIlAnll< *Utility Tax ending fund balance of $5,040,207 includes $1,001,675 reserved for Prop 1 which includes $300K earmarked for 2010 Prop 1 for Police Overtime. **CDBG Negative ending balance is due to timing of grant reimbursements. COUNCIL MEETING DATE: ,^.I:lgl:lst 4t8, 2999 ~v1f\Y\bt>rJI.Ut11. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 6d ITEM #:e>.,l1....: SUBJECT: Formation of the North Lake Management District Number Two POLICY QUESTION: Should the Council adopt an Ordinance creating the North Lake Management District Number Two? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 20, 2009 CATEGORY: D Consent cgJ Ordinance D Public Hearing D City Council Business 0 Resolution 0 Other .J __ STAFF REPORT By: William Appleton, P.E., Surface Water Manager ~1>EPT: Public Works .... .P.~~~~!t~,~~!~FQ~~!i!X~E~g~~~~~~E4i~~t~r. .... .... . .... .... ..... ........... Attachments: Memorandum to the Land Use and Transportation Committee dated July 20, 2009_ Options Considered: 1. Adoption of the attached ordinance creating Lake Management District Number Two for North Lake and setting a public hearing date for October 6, 2009 for public comment on the assessment role for properties within the lake management district. 2. Do not adopt the Ordinance creating Lake Management District Number Two for North Lake and direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the August 4, 2009 City Cou~AI Ordinance Agenda for first reading. II CITY MANAGER ApPROY AL:~/l t..;./IVf/} 7J,rJpj~l,j'" 7 tNI JtJjjIRECTOR ApPROY AL: Committee Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option Councjl Ordinance Agenda for the fist reading. J;xcused Jim Ferrell, Member 1 to the August 4, 2009 City ~~ Dini Duclos, Member PROPOSED COUNCIL MOTION: 151 Reading of Ordinance (August 4, 2009): HI move to forward the ordinance to the second reading for enactment on the September 1, 2009 City Council Ordinance Agenda. " 2nd Reading of Ordinance (September 1, 2009): HI move to enact the ordinance creating Lake Management District Number Two for North Lake and setting a public hearing date for October 6, 2009 for public comment on the assessment role for properties within the lake management district. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION V MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # B.4'0C\ CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: July 20, 2009 Land Use and Transportation Committee Brian Wilson, Interim City Manager William Appleton, P.E., Surface Water Manager r Daniel Smith Water Quality Program Coordinator Formation of the North Lake Management District Number Two BACKGROUND: Since 2005, Surface Water Management (SWM) has been working with the residents living adjacent to North Lake in the management of noxious freshwater aquatic weeds, including fragrant water lily, purple loosestrife, yellow flag iris and narrow leaf cattail. To establish a long-term aquatic weed management program, North Lake residents submitted a signed letter on August 25, 2008 to the City Manager requesting assistance in forming a Lake Management District (LMD). On February 24, 2008, a public meeting for the residents of North Lake was held to discuss LMD development. The meeting was well received with no opposition to the proposed plan. A petition to the City Council was signed by sixteen property owners affected by the LMD, including Weyerhaeuser Co. By this action, the petition met the requirement set forth in RCW 36.61.030 (signed by ten landowners or owners of at least fifteen percent of the acreage contained within the proposed LMD) and enabled the Council to take action regarding the formation ofa North Lake LMD. On June 2, 2009, City Council held a public hearing on the formation of the North Lake LMD. The public hearing was favorable. A resolution calling for a vote on the formation of the North Lake LMD was approved by Council on June 16, 2009 and the vote was completed on July loth, 2009. A simple majority of the voters approved the creation of the North Lake LMD and the proposed ordinance creating Lake Management District Number Two for North Lake is attached. Upon creation of the lake management district by ordinance, the City Council is required to conduct a public hearing on the proposed assessment role for the district per RCW 36.61.120. Notices of the public hearing will be sent to property owners within the district as required in RCW 36.61.140. The assessment role identifies each parcel in the district, the acreage and feet of lakefront of each parcel, the name and address of each property owner, and the proposed assessment for each parcel. Objections to the proposed assessment role must be made in writing in advance of the public hearing. At the public hearing, the City Council will consider any objections received. The City Council may correct, revise, raise, lower, change or modifY the assessment role or set the proposed assessment role aside and order a new one be prepared. If the Council raises any assessment or includes new parcels, a new public hearing must be held for the affected property owners. cc: Project File Day File ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING LAKE MANAGEMENT DISTRICT NUMBER 2 FOR NORTH LAKE AND SETTING A PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE DISTRICT. WHEREAS, on February 24,2009, the City of Federal Way received a petition for the creation of a Lake Management District Number 2 for North Lake pursuant to RCWs 35.21.403 and 36.61; and WHEREAS, Lake Management District Number 2 for North Lake is created for the purpose of generating revenue to provide ongoing aquatic vegetation management, water quality monitoring, community education, and other related projects; and WHEREAS, on April 21, 2009, the City of Federal Way City Council passed Resolution Number 09-544, declaring its intent to form a Lake Management District Number 2 for North Lake; and WHEREAS, the City of Federal Way City Council conducted a public hearing on June 2, 2009, for the purpose of accepting testimony in support of and in opposition to the creation of the North Lake Management District. At the public hearing, testimony was provided by North Lake Steering Committee members; and WHEREAS, on June 16,2009, the City of Federal Way City Council passed Resolution Number 09-549, submitting the question of creation of Lake Management District Number 2 for North Lake to the owners of property within the proposed lake management district including owners of publicly owned land; and Ordinance No. 09- Page 1 of6 Rev 7/09 WHEREAS, under RCW 36.61.090, a simple majority of the votes cast shall determine whether the proposed lake management district shall be approved or rejected; and WHEREAS, the ballots were tabulated on July 10,2009, and the proposal to create a Lake Management District Number 2 for North Lake has been approved by at least a simple majority of the votes cast; and WHEREAS, the ballots cast are available for public inspection at City of Federal Way, 33325 Sth Avenue South, Federal Way, Washington; WHEREAS, the City of Federal Way desires to create Lake Management District Number 2 for North Lake and proceed with special assessments and performing lake improvement activities; WHEREAS, the City of Federal Way has established the 2004 North Lake Integrated Aquatic Vegetation Management Plan (IA VMP) and subsequent Annual Reports (2005-200S) forming the basis for the annual Lake Management District work plan and Lake Management District management goals; and WHEREAS, the hearing notice requirements ofRCW 36.61 will provide an opportunity to evaluate the assessment role for each property within the district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES ORDAIN AS FOLLOWS: Section 1. Creation of District. Lake Management District Number 2 for North Lake is hereby created. The boundaries of Lake Management District Number 2 for North Lake are represented in Exhibit A, incorporated by this reference. The duration of the district shall be for ten (10) years, from January 1,2010 through December 31,2019. Special assessments totaling $12,536.20 will be collected annually to finance the District activities, with the total amount to Ordinance No. 09- Page 20f6 Rev 7/09 be collected during the life of the District being $157,678.98, which includes an automatic inflation increase based upon the Seattle Consumer Price Index not to exceed five percent in any given year. The special assessments will be imposed based on equal charges for similar parcels. Single family residential (RS9.6) lakefront developed properties will be charged $100 per year. Single family residential (RS9.6) lakefront vacant properties will be charged $0.70 per lakefront foot per year. Single family residential (RS9.6) non-lakefront developed properties with deeded lake access will be charged $75 per year. Single family residential (RS9.6) non-Iakefront vacant properties with deeded lake access will be charged $15 per year. Weyerhaeuser vacant properties (RS9.6) will be charged $0.70 per lakefront foot per year. Weyerhaeuser commercial properties (CP-l) will be charged $0.80 per lakefront foot per year. The Department ofFish and Wildlife public boat launch parcel will be charged $4,000 per year. Section 2. Publication. Within ten (10) days of adoption of this Ordinance, the City of Federal Way shall publish in a newspaper of general circulation in Lake Management District Number 2 for North Lake a notice indicating that this Ordinance has been adopted. Section 3. Creation of District Limitations on Appeals. Pursuant to RCW 36.61.110, no lawsuit may be maintained challenging the jurisdiction of authority ofthe City of Federal Way's legislative authority to proceed with lake improvement and maintenance activities and creating the lake management district, or in any way challenging the validity of the actions or decisions or any proceedings relating to the actions or decision unless the lawsuit is served and filed no later than forty (40) days after publication of a notice that the ordinance has been adopted ordering the lake improvement and maintenance activities and creating the lake management district. Written notice of the appeal shall be filed with the City Council and clerk of the Superior Court in King County. Ordinance No. 09- Page 3 of6 Rev 7/09 Section 4. Special Assessment Roll to be Prepared. Upon passage of this Ordinance, the City of Federal Way shall cause to be prepared a proposed special assessment roll in accordance with RCW Chapter 36.61. Section 5. Public Hearing. A public hearing will be held by the Federal Way City Council on October 6,2009 at 7:00 PM or shortly thereafter at the City of Federal Way City Hall, 33325 8th Avenue South, Federal Way, Washington. At the public hearing, the City of Federal Way City Council will consider the objections to the special assessment roll of the district, shall act as a board of equalization, and may correct, revise, raise, lower, change, or modify the special assessment roll or any part thereof, or set the proposed special assessment roll aside and order a new proposed special assessment role be prepared. The City of Federal Way City Council shall confirm and approve a special assessment roll by adoption of a resolution. Notice of the proposed special assessment, the procedure for filing written objections thereto, and notice of the public hearing shall be mailed to the taxpayers of record of all property within the district by the City of Federal Way pursuant to RCW 36.61.140. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance 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 ordinance. Section 7. 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. Ordinance No. 09- Page 4 of6 Rev 7/09 Section 8. Ratification. Any act consistent with the authority and prior to the effective date of the ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall be effective five days after passage and publication, as provided by law. 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 APPROVED AS TO FORM: PATRICIA A. RICHARDSON, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Ordinance No. 09- Page 5 of6 Rev 7/09 EXHIBIT A Boundary of Lake Management District Number Two for North Lake t; 'S o o ... c I ~i .ro: a:t :e.... ~i ,j:e: Ii> ~ it I l I (I I 1:1 ; ~ I 0" III .31. i I ~ i 1 I ~ i ), J I Ijlj;1 i I Iii IIIII iI! ~ "a- il iz ..;I ~. II :~e !'!Ill. M... l'an ?;;'>....>><>. " .Ji!~ .s ~~ ~l .1:l 1U. $: 'lJ C3 ~."" Q, ;13 JU ~ s: ..... I! CD .."C ~af ~ Ordinance No. 09- w gl ~I <12: Page 6016 Rev 7/09 COUNCIL MEETING DATE: September 1, 2009 ITEM #: 5 e.., CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ENERGY EFFIClENCY GRANT (EECGB) PROJECT FINANCING POLICY QUESTION: Should Council leverage grant monies awarded for the purpose of developing and implementing an Energy Efficiency and Conservation Strategy for city facilities and participate in a Community Energy Conservation Expo to promote citizen awareness of energy conservation. COMMITTEE: FEDRAC MEETING DATE: August 25,2009 CATEGORY: IIlO6I .~ o City Council Business o o Ordinance o o Public Hearing Other Consent Resolution ~!.~~~~2~!.~X:~ry::l~!~~g~~~~~~~~l:lL~<?!Y~(;t?~A~~~~~~::l!~~m DEPT: City Manager's Office ATTACHMENTS: Staff Memo dated August 20,2009 SUMMARYIBACKGROUND: The city has submitted applications for energy efficiency improvements to city facilities and Federal Way has received notification of possible funding in an amount of $770,000 for the purpose of city related energy efficiency and conservation improvements. Of this amount the city has requested $100,000 for the purpose of developing an Energy Efficient and Conservation Strategy, which is also a prerequisite to receive the total funding. The city engaged Energy Industries to conduct an Energy Feasibility Study to identify and evaluate opportunities at City Hall. As a result, the study identified three (3) issues which are outlined in the attached memo. Staff has reviewed each issue and is submitting the following recommendations: Issue #1 Recommendation: To leverage grant monies to update city facilities which includes energy efficient lighting retrofit, heat pump, insulation for upper floor, Thermal Solar System for Water Pre-Heat, Premium Efficient Motors for Bathroom Exhaust Fans, EMS Re-commissioning, Vending Machine Controls. Issue #2 Recommendation: To not submit a request for grant monies for city facility solar panels as the city payback would exceed the life of the equipment. Issue #3 Recommendation: Increase public awareness of energy use by participating in a Community Energy Conservation Expo. OPTIONS: 1. Approve the staff recommendations. 2. Deny approval of staff recommendations and provide staff with further direction. ....m.._mm...__._..mmmmmm_-\"vf\I~)2?,_mm__m.m__._......_-........-.-..... STAFF RECOMMENDATION: Approval of staff recommendations and forward to the September 1, 2009 City Council Consent Agenda. /\ CITY MANAGER APPROVAL: 1Jj.4~ B/'JI/JrII jJ:iJ.M ~ Committee Council Council (OVW"l.11 -t} ) ~ ;, 3 :J~ Dmi uclos, Committee Member Eric IS0n, Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the Committee recommendation to accept Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED o T ABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # t ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: To: August 20, 2009 Mike Park, Chair Finance, Economic Development and Regiona~Aff irs f10mmittee Bryant Enge, Financial Services Administrator V Brian Wilson, Interim City Manager Energy Efficiency Grant (EECGB) Project Financing From: Via: Subject: Background The city of Federal Way is seeking directly and indirectly federal stimulus monies for energy improvements. To date, Federal Way has submitted applications for energy efficiency improvements to city facilities and in support of energy efficiency programs. Federal Way has received notification of possible funding in an amount of $770,000 for the purpose of city related energy efficiency and conservation improvements. Update: As part of this funding, the city requested $100,000 of this $770,000 for the purpose of developing an Energy Efficiency and Conservation Strategy, a prerequisite to receive the total funding. Federal Way has been notified the $100,000 request is scheduled for award soon, either August 21st or August 28th. As part of developing this strategy, the city engaged Energy Industries to conduct an Energy Feasibility Study designed to identify and evaluate energy efficiency opportunities at City Hall. Energy Industries scope of services included identifying assisted funding opportunities and assisting the city in completing a State Energy Program funding application administered by the Department of Community, Trade and Economic. The Department of Community, Trade and Economic is making loans and grants on a competitive bases for energy efficiency and renewable energy projects and programs. The loan and grant funds will be allocated to the following three categories: . Energy efficiency projects (loans only) . Renewable energy projects (grants and loans) . Clean energy innovation projects (grants and loans) The Loan and Grant Program requires that applicants provide other sources of funding equal to at least as much as the loan and/or grant request. For loans, 1 % loan set-up fee will be charged. The loan fee will be amortized over the life of the loan, which is a maximum of 15 years. The interest charge for the loan is 3% annually on the balance of the loan. The result of the study identified a couple of opportunities; an energy efficiency project; and a renewable energy project. Issue 1 The result of the study identified energy conservation measures that have a high chance of generating forecasted financial and energy savings. The proposed energy conservation measures include: . Energy Efficient Lighting Retrofit . Heat Pump . Insulation for Upper Floor . Thermal Solar System for Water Pre-Heat . Premium Efficient Motors for Bathroom Exhaust Fans . EMS Re-commissioning . Vending Machine Controls The Energy Savings from the project is forecasted to save over 500,000 kWh/year and using electric rates will create a cash flow of $42,000/year. Total estimated project cost is $646,000. Under the conditions of this program, this type of energy efficiency project would be funded by a loan. The total loan amount requested would be $323,000, which is 50% of project cost. The city would need to fund the other half. After working with representatives from PSE's grant program, the project has received initial approval and funds are available for this project. The overall project is eligible to receive funding equal to 50% of the cost, pending final review. Recommendation City Council does not approve the award, if awarded, and uses a portion of the $770,000 to fund this project. The advantage of this option is that there would be no financing cost for the project. After drawing down $323,000 for this project, the balance for other energy conservation projects would be $347,000. Alternative City Council approves the loan, if awarded, since the city payback of the $323,000 loan would be made from energy savings in 8 years or less. The annual payment, if the loan was for the full term, would be approximately $27,000. Issue 2 The result of the study identified a renewable energy project. The propose project is a 63 kilowatt photovoltaic system on the roof of the City of Federal Way Building. A photovoltaic system is a system which uses solar cells to covert light into electricity. After reviewing the characteristics of the City of Federal Way building, evaluating the solar zone and configuration of the site, it is estimated that the photovoltaic array will offset 63,747 Kilowatt hours of electricity consumption each year. The energy savings from the project is forecasted to save approximately 64,000 kWh/year. Using current electric rates, the project is expected to create a cash flow of $4,000/year. The total estimated project cost is $580,000. Given that this is a renewable energy project, the city would be requesting a grant for $290,000, 50% of the total project cost. The city would need to fund the other half. After working with representatives from PSE's grant program, the project has received initial approval and funds are available for this project. With this program PSE would pay $0.15/kWh produced up to $5,000 a year. PSE would write a check every year for what is produced up to $5,000. The program runs until 2020 and there are no guarantees of payment after that. For purposes of determining the city's match that would be contributed by PSE, we projected $5,000 for 10 years, for a total of $50,000. Consequently, to meet the 50% match requirement, the city would need to contribute $240,000. Recommendation City does not submit request for a grant since the city payback would exceed the life of the equipment. Alternatives City submits request for a grant and commits a portion of the $770,000 to fund this project. After drawing down $240,000 for this project, the balance for other energy conservation projects would be $430,000. Issue 3 A community energy conservation expo can increase public awareness of energy use and the environmental actions to have a positive impact on global warming. This local outreach event would be designed to inspire, educate and serve as a call-to action for Federal Way residents and businesses to buy green, energy- efficient products and services. The expo is expected to feature vendors showcasing their products and services in areas such as certified green building products, energy-efficiency solutions, renewable energy, and green vehicles. The city would partner with PSE, other businesses, and vendor to sponsor of the event. This sponsorship would be in the form of financial support and city recognition of the event. In return, the city will have a booth where it could share information on energy saving ideas, city energy conservation programs, and/or give out energy saving products, such as free compact fluorescent light, and talk to the community about energy efficiency and ways that the city and the community can work together to make good choices that benefit the environment. Presently, the amount the city will be required to commit is not known. The particulars of the event are being developed. Funding for this could come from the $770,000 energy conservation grant. The city has received preliminary approval this is an eligible expense. Recommendation City should continue to participate in the community energy conservation expo. Staff will return to Council to report event status, including the amount requested from the city. Alternative City could develop its own marketing materials focusing on energy conservation. However, the cost could be comparable to sponsoring the expo with less community exposure. COUNCIL MEETING DATE: September 1,2009 ITEM#:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grant Funding for Transportation Improvement Projects POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation improvement projects? COMMITTEE: Finance, Economic Development and Regional Affairs MEETING DATE: August 25,2009 CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution Public Hearing Other T: Public Works STAFF REpORT By: Marwan Salloum, P.E., Deputy Public Wor s Director Attachments: Memorandum to the Finance, Economic Development and Regional Affairs Committee dated August 25, 2009. Options Considered: 1. Authorize staff to submit a grant funding application under the 2009 Urban Vitality Grant Program for the S 34Slh at 1 sl Ave Intersection Improvement Project. 2. Do not submit any grant funding application under the 2009 Urban Vitality Grant Program for transportation improvement projects. ... .. .. ....... no no ........ ........... ......................... .............................................................................................. ......... ....... ... ........ ............................ . ... .............. ................................... ....................................... . STAFF RECOMMENDATION: Staff recommends forwarding Option I to the September 1,2009 Council Consent Agenda for approval. . gl~} ),ii1 CITY MANAGER ApPROVAL: .f1 W.lf." tsh14~ t LJ-11\f\ DIRECTOR ApPROVAL: Council ~ Committee ~ Committee Council COMMITTEE RECOMMENDATION: Com mittee recommends forwarding Option to the September I, 2009 Council Consent Agenda for approval. ~w~ Eric Faison, Member CJi;~ Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move approval to authorize staff to submit a grant funding application under the 2009 Urban Vitality Grant Program for the S 348th at rt Ave Intersection Improvement Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDillEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 K:\council\agenda bills\20093/03/09 City Center Access Project.doc COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: August 25, 2009 Finance, Economic Development, and Regional Affairs Committee Brian Wilson, Interim City Manager ~.-- Marwan Salloum, P.E., Deputy Public Works Director ~ Grant Funding for Transportation Improvement Projects BACKGROUND This memorandum provides Council with the current funding availability of new grant funding programs for transportation projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that there is only one project, the S 348th at 1 sl Ave Intersection Improvement Project that will likely be competitive in the 2009 Urban Vitality Grant Program. The type of projects they will be funding are construction projects that "clearly demonstrates the ability to decrease the per capita vehicle miles driven in the community by increasing access to mass transit, supporting residential density in proximity to employment opportunities, and improving the safety and appeal of walking and biking in a community." The due date for this application is September 8, 2009. This project is 100% designed and all required right of way has been acquired. Project (Funding Phase) Grant S 34Sth at 1 sl Ave Intersection Improvement Project (Construction Phase) Estimated Project Cost $4,000,000 Possible Grant Fund $2,000,000 Required City Match $2,000,000* * The required City match will be provided by transferring project funding balance of $2,000,000 from the Pacific Highway South HOV Lanes Phase III project to this project. cc: Project File K:\FHSRAC (FEDRAC)\2009\08-25-09 Grant Funding for transportation Projects. doc COUNCIL MEETING DATE: September 1,2009 ITEM #: S~ .. . .......................................................................................--....-... ..-....... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RFP FOR STATE LOBBYING POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY APPROVE TIIE CURRENT SCOPE OF WORK AND ISSUE AN RFP SOLICITING BIDS FOR STATE LOBBYING SERVICES? COMMITTEE: FINANCE, ECONOMIC DEVELOPMENT, REGIONAL AFFAIRS MEETING DATE: 8.25.09 CATEGORY: ~ Consent D City Council Business STAFF REpORT By: LINDA D Ordinance D Resolution D Public Hearing D Other DEPT:City Manager's Office COM. & Gov. AFFAIRS MGR. Overview The City of Federal Way has retained the services of Doug Levy (Outcomes by Levy), for lobbying assistance at the State Legislative level since December 1, 2003. The City has amended that original Professional Services Agreement with Levy four times. According to City internal policy, if a vendor has been with the City through multiple contract amendments artd/or about five years of service, the contract should be re-bid. Staff recommends issuing a Request for Proposals for State lobbying services as soon as possible. Work on the City's 2010 Legislative Agenda begins in earnest in September. The current scope of work (attached) calls for the state lobbyist to work year-round to help identify, prioritize and continuously monitor problems and opportunities for the City with respect to issues under consideration by the State Legislature and State and regional agencies. The state lobbyist also keeps current with issues brewing at the County and with the Suburban Cities Association and the Association of Washington Cities, among others. If approved by FEDRAC on August 25, and by the City Council on September 1,2009, staff would issue an RFP, receive proposals, conduct interviews with top candidates and then bring a timely recommendation back to FEDRAC. Staff proposes that a contract run Fall 2009 through June 2010. (The City has historically done contracts on a calendar-year basis, but lobbying work is at a peak during the December timeframe.) Staff further proposes that subsequent contract amendments be done on a two-year basis to align with the City's biennial budget process. The cost of the contract would be pro-rated not to exceed the current budgeted amount of $57,829 per year. Attachments: . Scope of Services from the proposed RFP Options Considered: 1. Approve the issuance of an RFP. 2. Provide direction to staff on all alternate eourse. STAFF RECOMMENDATION: Approve option 1. CITY MANAGER ApPROVAL: !J/~r/~ f>i1a~J "DIRECTOR APPROVAL: L1 u,/~ . $51J; ')fJ) I Committee Cormcil Committee Cormcil COMMITTEE RECOMMENRATION: \\u. (,On\ \'\~l-\ \(~ ,i f'f'\J)~^.eJ 1D ct,Pt'lY'Vvf / t'i'O~'D'\.- \ OJ \0.. .. {b { IV (Vr A! &l 11> ~\ W q,e,pI Q.IY\ \:Jt,v \ I 'L cct1 C ViI (\\(1JV~~ ~ tte Chair .. comm~t: Member Commi te; Member PROPOSED COUNCIL MOTION: "I move approval of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED COUNCIL BILL # o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 1 ST reading Enactment reading ORDINANCE # RESOLUTION # EXHIBIT "A" - SCOPE OF SERVICES STATE LOBBYIST In consultation with the City Manager and/or staff designee, lobby state and local governments and other organizations as necessary to pursue the City's 2010 legislative objectives as approved by Council. Lobbying is defined as attempting to pass, stop or amend legislation as desired by the City, as well as build a positive legislative presence for the City through face-to-face, written and electronic communications with appropriate persons. Help identify, prioritize and monitor problems and opportunities for the City with respect to issues under consideration by the State Legislature and State and regional agencies, especially those issues defined in the City's Annual Legislative Agenda. Stay in touch with issues at the King County level, with the Suburban Cities Association and with the Association of Washington Cities. Specific duties include: . Assist in identifying and prioritizing City issues prior to the 2010 Legislative session, including meeting with Department heads and managers, and meetings with the 30th District Legislators. . Work with City Manager and/or staff designee to prepare the City's 2010 Legislative Agenda. . Brief the City Council on the Legislative Agenda at the January 2010 State Legislative Breakfast. . Attend meetings of the City Council, City Council committees, and with City personnel as reasonably requested. . Complete in a timely and accurate fashion all forms and reports required of lobbyists by the state and other lawful jurisdictions. . Provide a brief plan for Off-Session work, if applicable, then subsequent follow up on that work. Provide correspondence to the City Manager and/or staff designee for the following: . Telephone or e-mail updates on pending issues as they arise . A brief weekly written status report during the Legislative Session . A final written report and in-person presentation at the end of the Legislative Session . Off-session projects as they arise COUNCIL MEETING DATE: September 1, 2009 .................~.!.~~...~.:5...h... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Washington State Archives, Local Records Grant Application POLICY QUESTION: Should the City COlUlcil auth~rize staff to apply for grant funding for preservation of essential records? COMMITTEE: FEDRAC MEETING DATE: August 25, 2009 CATEGORY: [gJ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~.Ii'~:I>2~!~y:g<.t.!C?!M~~~g!y.zQ!yg!~!~ DEPT: Human Resources Attachments: Memorandum Options Considered: 1. Authorize staff to apply for grant funding for preservation of essential records through the Washington State Archives Local Records Grant Program 2. Do not authorize staff to apply for grant flUlding for preservation of essential records through the Washington State Archives Local Records Grant Program STAFF RECOMMENDATION: Staffreconnnends option 1. CITY MANAGER APPROVAL: Dl/./lVi gJ;}-1 :J...,J~ ~J~'')I.''')oIRECTORAPPROVAL~ Committee Co cif il W;!I.../SU!Jw" Council ' COMMITTEE RECOMMENDATION: .1\tu. \. lOlYW\(\\~ MbViO Clf''f7VDVa.Q, of- /. ~,~ Committee Member ;;+i-- Committee Member PROPOSED COUNCIL MOTION: "] move to authorize staff to apply for grant funding through the Washington State Archives Local Records Grant Program " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 1 CITY OF FEDERAL WAY MEMORANDUM Date: August 21, 2009 To: From: Mike Park, Chair Finance Economic Development Regional Affairs Committee Brian Wilson, Interim City ManageJi,.,~ ~ Carol McNeilly, City Clerk ~ Via: Subject: Local Records Grant Application BACKGROUND The Washington State Archives Local Records Grant program provides financial assistance to local governments to support records management and preservation. The 2009-2011 program focuses on digitizing essential records, specifically minutes, ordinances, resolutions, county recorded documents and Superior Court Case Files. Grants are funding with fees collected by the County Auditors. A maximum of $1 0,000 can be awarded under this program. There are not matching requirements or ongoing costs associated with this grant. The application deadline is September 10, 2009 and grants will be awarded in November 2009. To date the city has digitized resolutions, minutes and ordinance from 1989 through 1997. If grant funding were awarded it would be dedicated to continuing the digitization of these records series, starting with 1998 and moving to current year. Staff is requesting authorizing to submit a grant application to the Secretary of State for the Local Grant Program. e COUNCIL MEETING DATE: September 1,2009 ITEM #: l.o. Q CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Initiative 1033 POLICY QUESTION: SHOULD THE CITY COUNCIL TAKE ACTION PURSUANT TO RCW 42.17.130(1) REGARDING INITIATIVE 1033? COMMITTEE: N/A MEETING DATE: CA TEGORY: D Consent D City Council Business D Ordinance D Resolution [g] D Public Hearing Other STAFF REpORT By: BRYANT FINANCIAL SERVICES ADMINISTRATOR DEPT: Finance Attachments: Staff Report prepared by City Attorney Richardson Economic Impact prepared by Financial Services Administrator Enge Options Considered: 1. Direct Staff to draft a resolution reflecting the City Council's position on Initiative 1033 to be presented at the September 15, 2009 City Council meeting. 2. Continue the public hearing to September 15,2009 for Council's further consideration. 3. Direct Staff to not take any further action. ........mmm...mmm.m..m....m.............................................mmmmm...........................................~"'\ STAFF RECOMMENDATION: n/a loY\~t\\.t\1 CITY MANAGER ApPROVAL: j) , .I~"" 9'\ 3-' Committee Council Committee COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of Option _ " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # C'TYOF .~ Federal ay CITY ATTORNEY'S OFFICE MEMORANDUM TO: cc: AUGUST 28, 2009 CITY COUNCIL MEMBERS BRIAN WILSON, INTERIM CITY MANAGER BRYANT ENGE, FINANCIAL SERVICES MANAGER THO KRAUS, FINANCE DIRECTOR DATE: FROM: PATRICIA RICHARDSON, CITY ATTORNEY q~ SUBJECT: INITIATIVE 1033 - STAFF REPORT Pursuant to RCW 42.17.130(1) the City Council may take action in a public meeting to express a collective position in support of or in opposition to a ballot proposition provided that proper notice of the topic was published and there is an equal opportunity for both sides to express their VIews. Council directed Staff to place a public hearing concerning Initiative -1033 ("1-1033") on the September 1,2009, City Council meeting agenda. The City Clerk published notice of the public hearing on August 19,2009. (A copy is attached for your convenience). Communications Governmental Affairs Manager Farmer notified both sides of the public hearing. Financial Services Administrator Enge has prepared a presentation on possible impacts on Federal Way from the 1-1033. Finally, this staff report outlines the current law and the language ofthe 1-1033. Current Law Under the current State law the City's maximum levy rate for the City is three and sixtyll 00 Dollars ($3.60) per one thousand dollars ($1000) of assessed value of real property minus the amounts levied by the Fire District and the Library District. The Fire District's levy rate is the maximum of one and fiftyll 00 Dollars ($1.50) and the library's levy rate is forty-two cents ($0.42), which is lower than its maximum rate of Fifty cents ($.50). Any fluctuation in the levies of the Fire District and/or the Library District can affect the City's levy rate. Additionally, the aggregate of all levies (County, City, Fire District and Library District) cannot exceed five and ninety/l 00 Dollars ($5.90). The City's tax rate is not set at the maximum rate allowed by State law, but is currently Ninety- seven cents ($.97) per $1000. An increase of more than one percent in the property tax levy within the statutory amount requires citizen approval, by a simple majority. INITIATIVE 1033 1-1033 limits the City's use of revenues. First, general fund is broadly defined as the aggregate of all revenue from taxes, fees and other charges that are deposited into the current operating expense fund including any voter approved revenue before the effective date ofthis proposal. Funds identified for capital improvements are not considered part of the general fund. The effective date for calculating the general fund expenses is January 1,2009. Voter approved revenue received before the effective date of the initiative is to be included in the calculation of the general fund. This would include the Proposition 1 monies collected under the utility tax. 1- 1033 specifies that in the event the City transferred some monies in 2009 from the general fund to other funds, those monies are to be included in the calculation of the general fund operating expenses. Second, the general fund revenue growth must be limited to rate of inflation. The rate of inflation is defined as annual percentage change in the implicit price deflator for the United States published on or about March 2ih. Third, any general fund revenue received above the inflation amount must be deposited into an account names "Lower City Property Taxes Account" (hereinafter "Special Fund"). The City may need to supplement the Special Fund if the revenues do not equal the rate of inflation. Fourth, the City's property tax levy must be reduced by an amount equal to the gross deposits from the previous year into the Special Fund. Lastl y, if the City Council desires to increase revenue for the general operating expenditures, a vote of the people would be required. OFM CALCULATION The Office of Financial Management ("OFM") is required to send a fiscal impact statement to the Secretary of State. OFM estimates that the 1-1033 will reduce the general fund revenues for cities by $2.1 billion between 2011 and 2015. The assumptions OFM used to calculate the estimated impact are: 2 1. The 2010 calendar year revenue limited is calculated as the 2009 calendar year General Fund Revenue X (1 +2009 % change population) X (1 + 2009 % change inflation). 2. General fund revenues from the 2010 calendar year that exceed the 2010 revenue limit will be transferred into the "Lower Property Tax Accounts. The first transfer into the account will take place in calendar year 2011, thereby reducing the levy approved in 2011 for collection in calendar year 2012. K:\merno\2009\staff report 1-1033 3 ~ Federal Way UBLIC: N TICE **** FEDERAL WAY CITY COUNCIL PUBLIC HEARING **** NOTICE IS HEREBY GIVEN for the following Federal Way City Council Public Hearing to be held: DATE: TIME: LOCATION: Tuesday, September 1, 2009 7:00 p.m. City Hall Council Chambers 33325 8th Avenue South Federal Way, Washington TOPIC: PUBLIC HEARING on Initiative Measure No. 1033 concerns state, county and city revenue. This measure would limit growth of certain state, county and city revenue to annual inflation ald population growth, not including voter-approved revenue increases. Revenue collected above the limit would reduce property tax levies. DATED this 1ih day of August, 2009 Carol A. McNeilly, CMC City Clerk PUBLISHED FEDERAL WAY MIRROR: AUGUST 19, 2009 POSTED AT CITY HALL & WEB: AUGUST 19,2009 E-5UBSCRIBE, EMAIL STAFF/COUNCIL: AUGUST 19, 2009 CITY OF FEDERAL WAY MEMORANDUM Date: To: Subject: August 28, 2009 City Council 1\ J({( / Bryant Enge, Financial Services Administratot~ \ \ ,~ Brian Wilson, Interim City Manager 1033 Findings From: Via: Executive Summary By the year 2015, the Washington State Office of Financial Management estimates that Initiative 1033 will reduce by $2.1 billion the revenues that support public safety, infrastructure and general government activities for all cities in the state. This white paper estimates the impact of Initiative 1033 on the finances of the City of Federal Way through and including 2015. Responding to a weak economy and a significant drop in revenues, the City this year made major spending cuts to its General Fund in order to balance the biennium budget and to provide stability over its long range plan period, 2009-2014. The recession continues to unfold and recovery, when it comes, is expected to be slow. The current forecast projects that Federal Way's General Fund revenues will be down nearly $5 million in the current biennium. That shortfall is expected to grow to $15 million by 2015. When there is a recovery, Initiative 1033 will limit the City's ability to restore services it cut due to the recession. The Initiative's revenue cap will permanently put in place the transfer of Utility Tax receipts that were originally targeted to capital projects and draw down existing balances. Even with increases in Utility Tax receipts transfers and spending cuts, the cap will drive the City's General Fund into the negative by the end of 2014. The initiative will increase the City's revenue shortfall from $15 million by 2015 to $17.3 million. Background Pursuant to Initiative 1033, the annual growth of the City's General Fund revenue wQuld be limited to the rate of inflation and population growth. Initiative 1033 proposes to limit the total growth in revenue each year for City General Funds to the previous year's revenues, plus inflation and population growth. General Fund revenues exceeding this limit would be used to reduce the following year's City General Fund property tax levy. The following calculation represents a model of the proposed initiative's methodology: Revenue limit is calculated as follows: CY 2009 General Fund Revenue x (1 + 2009 % Change Population 1) x (1 + 2009 % Change Inflation2) For purposes of the proposed initiative, City General Fund revenues are defined as the aggregate of revenue from taxes, fees and other governmental charges received by the City and deposited into the City General Fund. The following City General Fund revenue sources have been excluded from the caleulation: . Grants . State and County shared taxes or revenues . Charges for contracted services performed by counties or cities . Charges for enterprise activities or charges that are not governmental in nature . Inter-fund and inter-department charges . Interest and investment earnings In estimating the initiative's impact for this period, the model has two basic assumptions: 1) the estimated change in population; and 2) the estimated rate of growth in revenue change in inflation. The estimated change in population represents the annual rate of growth in Federal Way since 2000. In 2000, Citywide population was 83,259 and in 2009, 88,580, representing an annual growth of 0.7%. For purposes of this analysis 0.7% was used for calculating the revenue for each of the 6 years. The estimated rate of growth in General Fund revenues for this analysis reflects financial assumptions included in the Long Range Plan, which is colored by the current nationwide recession. For 2010, there is no expected growth in the General Fund revenues. In the 2011/12 biennium, sources of major General Fund revenues are expected to grow by 2% and for 2013 through 2015, sources for major General Fund revenues are anticipated to grow by 3%. However, in response to underperforming revenues due to the economic slump, the Long Range Plan assumes temporarily increasing the transfer of Utility Taxes to the General Fund to offset an expected revenue gap. Beginning in 2010, the annual rate of increase is approximately 13%, representing reallocation of Utility Taxes from capital projects to General Fund operations. This reallocation would be treated as additional revenue under this initiative. Consequently, this reallocation of capital funding will be treated as a new permanent source of general fund revenue. Findings In addition to the $15 million shortfall in general government revenues due to the recession, the City's Finance Department estimates that Initiative 1033 will reduce the City's General Fund revenues for general government activities by another $2.3 million by 2015. The total expected revenue shortfall is over $17.3 million, which is over 15% of anticipated revenues. The following is a summary of the findings: . 2010":" No General Fund revenue impact; No excess General Fund in 2010 . 2011 - Excess General Fund of $827,000 to reduce 2012 General Fund property tax levy . 2012 - General Fund revenues reduced (property tax) reduced by $827,000; Excess General Fund of $492,000 to reduce 2013 General Fund property tax levy . 2013 - General Fund revenues (property tax) by $492,000; Excess General Fund of $853,000 to reduce 2014 General Fund property tax levy . 2014 - General Fund revenues (property tax) by $853,000; Excess General Fund of $102,000 to reduce 2015 General Fund property tax levy . 2015 - General Fund revenues (property tax) by $102,000; Excess General Fund of $1.3 million to reduce 2016 General Fund property tax levy. Ini~iative 1033 is not expected to impact next year's (2010) General Fund revenues. Cognizant of the eurrent economic crisis, the City assumed no growth in its major sources of General Fund revenues. Consequently, the City balanced its 2010 budget by personnel changes, including 12 layoffs and hiring freezes, impacting nearly 5% of current city full-time employees. Based on the initiative's methodology, beginning in 2011 the City is expected to exceed the revenue limitation. Consequently, beginning in 2012, resources for General Fund operations will be reduced. The contributing faetor is the increase in the transfer of Utility Tax receipts, which were reallocated from capital projects, including reducing arterial paving by $500,000 annually to fill the revenue gap caused by the recession. The current economic crisis required the City to cut 7% from its operating budget to mitigate a 13% reduction in sales tax receipts and other receipts. In addition, to increasing transfers of utility taxes to the General Fund at the expense of capital projects, the City cut several other programs. The recession's uncertainty made estimating the restoration of City services unknown. However, this initiative would certainly preclude the City from restoring these cuts that impact City priorities such as public safety and parks, and reinvesting in the City's infrastructure. The initiative's methodology includes the Implicit Price Deflator, which is an index that takes into account national economic statistics. Historically, over the past 28 years the IPD's year-over-year rate of change has been less than the regions consumer price index (CPI). On average the rate of inflation change based on IPD has been 25% less than the regions CPI (See Table 1). And the IPD's annual rate of change between 1980 through 2008 is 18% less than the regions CPI (See Table 1). Since many of the City's contracts, including the City's collective bargaining agreements is established by state statute is based on CPI, capping revenues based on the IPD index would further erode General Fund based revenues, since new General Fund revenues would be insufficient to keep up with General Fund costs. BME 1The initiative defines inflation as the annual percentage change in the Implicit Price Deflator for Personal Consumption for the United States as published on or about March 27 each calendar year by the Bureau of Economic Analysis and reported by OFM. Inflation estimates for 2009, 2010, and 2011 are from the June 2009 Washington State Economic and Revenue Forecast. Inflation estimates for 2012-15 is an extension of the estimated inflation in 2011. 2Population growth is defined as the percentage change in the Citywide population in cities, as reported annually by OFM. City population growth is estimated from OFM's 30-Year Forecast of the State Population, adjusted using OFM's Washington State County Growth Management Population Projections: 2000-2030 and each grouping's historic population growth rates. COUNCIL MEETING DATE: September 1,2009 ITEM#: I.Q CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Settlement Agreement with Lakehaven Utility District POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE THE NECESSARY DOCUMETS FOR THE PROPOSED SETTLEMENT AGREEMENT WITH LAKEHA VEN UTILITY DISTRICT THUS VOLUNT ARIL Y RELINQUISHING PRIVATE EASEMENTS IN PHASE IV AND WHEN CITY PROJECTS EXPANDS THE RIGHTS OF WAY THEREBY REDUCING THE COST OF LITIGATION? COMMITTEE: N/A MEETING DATE: CATEGORY: D Consent I2l City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: PATRICIA CITY ATTORNEY DEPT: Law Attachments: Staff Report Proposed Settlement Agreement Options Considered: 1. Approve the proposed Settlement Agreement and authorize the Interim City Manager to execute the necessary documents. 2. Reject the proposed Settlement Agreement and direct Staff to return to Lakehaven Utility District to further negotiate a settlement as proposed. STAFF RECOMMENDATION: Option 1 ,/' Committee \I~ ,y, 1) 'w> }1 DIRECTOR ApPROVAL: Counc IIW- CITY MANAGER ApPROVAL: Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Settlement Agreement with Lakehaven Utility District and authorize the Interim City Manager to execute the necessary documents. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF Federal CITY ATTORNEY'S OFFICE MEMORANDUM DATE: AUGUST 25, 2009 CITY COUNCIL MEMBERS TO: CC: BRIAN WILSON, INTERIM CITY MANAGER FROM: CARY ROE, PARKS & PUBLIC WORKS DIRECTOR r~ PATRICIA RICHARDSON, CITY ATTORNEY SUBJECT: PROPOSED SETTLEMENT AGREEMENT WITH LAKEHA YEN UTILITY DISTRICT Historically when the City commenced a right of project, such as Phase IV, Lakehaven Utility District ("Lakehaven") was included in the condemnation litigation in order to clear title to the property. Lakehaven possessed easements across the portion of private property that was necessary for the construction of the right of way. Given the expense and time of litigation Staff members of Lakehaven and the City began discussions of how to resolve the interests of both parties without litigation. In the proposed Settlement Agreement ("Agreement") Lakehaven voluntarily relinquishes its interest in easements that are on private property, which has been identified for City public projects. In exchange for the voluntary relinquishment, the City agrees to pay the relocation costs of Lakehaven's water and/or sewer facilities necessitated by the project; and agrees to pay relocation costs for the same water and/or sewer facilities in the event the City commences another public project within five years of completion of the initial project. It is my understanding that the Lakehaven Board will consider the proposed Agreement at its meeting on Thursday, August 27, 2009. Staff recommends that the City Council approve the Agreement and authorize the Interim City Manager to execute the necessary documents. K\memo \2009\staff report Lakehaven setdement SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (this '"Agreement") by and between the City of Federal Way, a municipal corporation of the State of Washington (the '"City"), and Lakehaven Utility District, a special purpose district of the State of Washington ('"Lakehaven") with respect to the following facts. Recitals A. The City undertakes public projects that may require condemnation of private property as a necessity for the public project; B. Lakehaven may have acquired an easement on the private property that is subject to condemnation for the public project; C. The City desires to resolve property interests, such as easements, instead of proceeding with litigation when possible; D. Lakehaven desires to avoid condemnation litigation of its easements on private property that will become City property pursuant to the public project. NOW, THEREFORE, the Parties agree as follows: 1. V oluntarv Relinquishments of Easements on Private Property. Lakehaven agrees to voluntarily relinquish its easements on private property that will become City property pursuant to public projects when notified by the City. 2. Relocation Costs. In exchange for the voluntary relinquishment of easements on private property that become public Right-of-Way, the City agrees to the following: A. For the Project. The City agrees to pay Lakehaven's necessary relocation or adjustment costs of its water and/or sewer facilities on private property if required as part of project construction when the property will become City property. B. Five Years after Completion of the Project. The City agrees to pay Lakehaven's necessary relocation costs of its water and/or sewer facilities for five years after completion of the project in the event a City public project requires the relocation. Completion of the project means the action taken by the City Council during the regular City Council meeting to accept the project as complete. 3. Notification. Notification to either the City or Lakehaven will be sent by mail as follows: Public Works Director City of F ederal Way 33325 8th Ave. S. P.O. Box 9718 Federal Way, WA 98063-9718 General Manager Lakehaven Utility District P.O. Box 4249 Federal Way, W A 98063-4249 1 4. Term. The parties agree that this Agreement shall cover Lakehaven's utility easements on public projects of the City that may be let for public construction from the date of last execution of this Agreement through December 3l5t 2014. The provisions of Paragraphs two (2), five (5), and six (6) shall survive the expiration of this Agreement. s. Indemnification. The Parties agree to indemnify and hold each other, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licenses, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the acts, errors, or omissions of the party, its partners, shareholders, agents, or employees. 6. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. A. Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the parties. B. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the parties defaults on the performance of any terms of this Agreement, or either party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each party shall pay all of its own attorney's fees, costs, and expenses. C. Venue. The venue for any dispute related to this Agreement shall be King County , Washington. D. Enforcement. Failure of either party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of essence of this Agreement and each and all of its provisions in which performance is a factor. E. Interpretation. The section headings contained in this Agreement are inserted only as a matter of convenience and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision contained in it. This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the parties, and the language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either party. 2 ATTEST: City Clerk, Carol McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson APPROVED AS TO FORM: Steven H. Pritchett Lakehaven Utility District General Counsel CITY OF FEDERAL WAY Date By: Brian Wilson, Interim City Manager 33530 - 1 st Way South P.O. Box 9718 Federal Way, W A 98063-9718 LAKEHA VEN UTILITY DISTRICT Date By: Donald Perry General Manager Lakehaven Utility District 31627 1 st Ave. South Federal Way, W A 98023 3 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a of the City of Federal Way, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this _ day of _,200__ (Print or type name) NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a of Lakehaven Utility District, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this _ day of _,200_. (Print or type name) NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: K:\PW\Phase IV\Lakehaven Settlement Agreement [mal 4 COUNCIL MEETING DATE: September 1,2009 ..... on ........ . ...n.......... ................. ...... ...... n..n ..~ . ._........... .........._m...._..........m._m ... n. ....._....___. ... .. ......_ . ...... ._...._..__......... iTEM:#;Ba:..-. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendments to Federal Way Revised Code (FWRC) Title 18 "Subdivisions," and Title 19 "Zoning and Development Code" regarding plat and land use application time extensions and related amendments. POLICY QUESTION: Should the City approve amendments to the Title 18 "Subdivisions. " and Title 19 "Zoning and Development Code. " regarding plat and land use application time extensions and related amendments. COMMITTEE: Land Use/Transportation Committee (LUTe) MEETING DATE: August 3,2009 CATEC.oRY: o Consent o City Council Business STAFF REpORT By: Senior Planner Deb Barker ............. ............................................- ........................................................-................--.....-.........-....- ~ o Ordinance Resolution o Public Hearing o Other ______~l!;I''I':g?~lI!l~i~yJ?~y~I()PI!l~~~~t:l:yi(;~~ Background: The proposed amendment addresses a request to amend subdivision and zoning regulations by extending approval timelines in light of current economic conditions which have resulted in the housing market downturn, tightening credit markets, and generally poor conditions for development activity. Amendment provisions target Subdivision applications for short plat, Binding Site Plan (BSP), and preliminary plat as well as applications for Land Use Process I, II, III, and IV. The amendment will provide extension opportunities to the 180-day request for information/correction timeline; will allow a five-year construction period for short plat and BSP applications; will provide additionalllonger extensions for subdivision and land use projects; and address other clarifications as deemed necessary. The Planning Commission conducted a public hearing on July 22, 2009, and recommended that the City Council approve the proposed amendments as recommended by staff The Planning Commission recommendation is included in the adoption ordinance. Attachments: (I) Draft Adoption Ordinance for plat and land use application time extensions which contains the proposed amendments as recommended by the Planning Commission, amending FWRC Title 18 "Subdivisions" and FWRC Title 19 "Zoning and Development Code;" (2) Staff Report to the Planning Commission for the July 22, 2009, Public Hearing which includes exhibits A through L; and (3) Draft Minutes ofthe July 22, 2009, Planning Commission Public Hearing. Options Considered: (I) Adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance; (2) Adopt the Plarming Commission's recommendation as modified by the LUTC; or (3) Do not adopt the amendments. STAFF RECOMl\'mNDATlON: Staff recommends that the Council approve Option # 1; adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance. CITY MAJ'l/AGER ApPROVAL: ~ Committee /),""'\~l" \)Ii DIRECTOR ApPROVAL: Council :C/_ Committee ~l COMMITTEE RECOMMENDATION: Forward Option #1; adopt the Planning Commission's recommendation as contained in the "'aft Adoption Oedi""n,e to ftdl Council on Sep bee, ~009, foc ills! eeading. a _ ~ im F D~ Duclos, Member K:\2009 Code AmendmentslPlat and LUA ExtensionslPlat & LUA time limits and vestinglLUTClagenda bill fjJr FWRC 18 & 19.doc PROPOSED COUNCIL MOTION(S): 1sT READING OF ORDINANCE (09/01/09): "I move to forward the ordinance to a second reading for enactment on the September 15, 2009, consent agenda. " 2ND READING OF ORDINANCE (09/15/09): "J move approval of the LUTC's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. .. (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 - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\agenda billlpr FWRC 18 & 19.doc Attachment 1 - Draft Adoption Ordinance for plat and land use application time extensions; amending FWRC Title 18 "Subdivisions" and FWRC Title 19 "Zoning and Development Code" ORDINANCE NO. 09- AN ORDINANCE of the City of Federal Way, Washington, relating to plat and land use application time extensions; amending FWRC 18.05.080, 18.30.260, 18.35.220, 19.15.050, 19.15.100, and 19.15.110; repealing FWRC 18.30.270, 19.65.110, and 19.70.160; and adding new sections to FWRC 18.05.090 and 19.15.075. (Amending Ordinance Nos. 09-594,07-573,07-554,00-375,97-291,92-133, and 2()-43) ... WHEREAS, the City recognizes the need to periodic~MyffiQl~fy Title 18 of the Federal ..... .. .. .n ... -.. .......... ...... .......... . . . . . . . . . . . . . . . ..... .......... Way Revised Code (FWRC), "Subdivisions," and ~_4,lQ; of thtfj..IKRC, "Zoning and '7 ";'-,.'/"" ..:::::::?:~:}::.: Development Code," in order to conform to st~' and f~deral law, c~d1fY{;;;1dIl1~nistrative /(~. "~~;~;i;jjJ.\{; practices, clarify and update zoning regulations ~s d;f-~~nec.ar-y, and improvJtl1e efficiency f..""/~",, . "W.<</~~z; -'?;0iWZ .;-;:%~. of the regulations and the development r~yi~w process; and~'!-.. WHEREAS, this ordinance, cont~~~,I#j:i~_~nts t~~inent regulations and the \>)}i?; ~ f'" text of Title 18 FWRC and Title 19 FWRC, u*, c9Wplietlij:~~hiEt~cess VI review, chapter 19.80 df'.~; .;;;.;.... ...;.;.;.. ......... FWRC, pursuant to c~~'er 19..:rY.$VRC; andL W1"'~t.<<' c'0';%; .;;;;.; ~~ ///(.::: .;r..@? .... ,/"'z"?,,,, "if.@! .;;;;;.;;;.. ... . ..;; WHEREAS, tht~~re d~~J:l!urn in the k~pa.>t regional, and national housing markets, "'V/", ~v~!~:;:"";. ."fa, A;?"W%~1n~i';,~;'" .d ..;...;'. ;~~ .);;b~~;:;~;,,;;:'''''';;'l :::;:~i~~;~'\~;::~::O:::it::C;~~ ~:v:::~:: ::i:i:~::: resulted i~~~lt;\lation wherJ:.;I~velop~rs of new housing, subdivisions, and commercial projects WHEREAS, tHiMaster Builders of King County and other stakeholders in the building industry believe that bold actions are needed at all levels of government to spur housing and economic recoveries; and Ordinance No. Page lofl4 Rev 3/09 Land Use, K\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUfC\ORDINANCE for FWRC 18 &19.doc I -~ WHEREAS, in order to prevent the expiration of development applications or approvals during this economic downturn, extensions of the expiration dates of certain development related applications and approvals are needed; and WHEREAS, the expiration of a development application or approval can have significant financial impacts to a developer and also adversely affects the fil}j;uctaLjnstitutions and other .n... . investors which have provided financing in support of a develClpmeil:tQt~posal; and ...... .......... ...... .......... .. ... .. ..... .-. ......- .......... ....... .......... ....... .......... ........ .......... ....... .......... ...... .......... ...... .......... .... .......... ..-. .......... ..... .......... WHEREAS, the national scale of the housing.m~)cadowntlifi!.~d tightening credit .............. .......... .............-. ....... ...... .... - .... -. .. ..... .... ..... . . ...- ... ....- . ....... ......... .....-... ......... . . - . . . . . . . . . . ..... - .......-.. ..... .......... ..... .......... ..... ........ ..... .. -....... markets have severely affected many builders andWtyelopers ip King Countyaijg:fl1agy of these n_ ......., . . . . . . . . . . . . .. ......... . ........ builders and developers are now struggling financiall.Y;~h4 .......... ....... .......... _... WHEREAS, construction related,:.9,!,::tivity is a signifiCant.tax generator and provides much '1.iJ.;~';.~.'}.. . ... needed revenue to local governments to fi~~c0l'",I~~/.public servtg~$fand :%t:.. ....:-~Wj~i~,;;;h/;- _ _ .-:}::'- WHEREAS, FWRC Title 18 and FWR,f T,l~'l':~.~rfor extensions of development t.:'::}: "f$(;V''''J' permit applications angapprovaI~:mcluding sho~wlats, preliminary plats, binding site plans, and //~~.~J1%*:~/ Ai,;%/mh'{;-;/*4}.&fu~:'>. . ~EREAS, pr8lJj.p.g fof~ggitional extensions of certain development related apP:~:;~lIhd approval~"./~~T aid th:local economy by helping the construction industry to .;~?/%?/ .._ weather the :~i.nic dowJrn while preserving the investments made in the development ~';W~j?", AfY )""MA/dl' ~$.-~?%%:,/ permitting process; an"}' li/ and WHEREAS, maintaining the viability of development applications and approvals will also help to ensure that the development industry is in a position to respond more quickly once favorable economic conditions return; and Ordinance No. Page 2 of 14 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\ORDINANCE for FWRC 18 &19.doc WHEREAS, the Council finds that it is in the best interest of citizens of Federal Way and the local economy to provide flexibility and modify procedures for extending development related applications and approval, subject to criteria; and WHEREAS, the proposed regulations are categorically exempt from environmental /;[:0/ review under the State Environmental Policy Act (SEPA) pursuant.!'1\€,)97-11-800(20); and %,0" .,~l~%g:-:-, WHEREAS, the draft staff report was electronical~~t(5~~2ed on July I, 2009, to /.g~~' /~~~~~~'r. stakeholders and interested citizens for review and corntn~~f;'\}Vhich'r~k~d in one comment :}' ...,.".."~,?, letter submitted by Sam Pace with the Seattle/Kin&:Mpimty Re'!!tors; and "<<."'" . . /' :0:::::::::::,)>. 't(~/ WHEREAS, the Planning Commission proper}y@9nd4:gtd.i'll: duly noticeQiPublic hearing .......... ....- .......... ,..... .......... ...-.. on these code amendments on July 22, 29,,09; and forwardedaf~90mmendation of approval to the City Council; and "..", \tt't'!l;i&/ "1:. ,........}~;:-/// :::::::>" '%. '%~:Wfl:i:0Y./ -~:~" . ~,.*~};.;.-/~., ".' .. WHEREAS, the Land UselTransportatlOnJi~.?(j "'.';:;;d'the Federal Way CIty CouncIl ..~ .~@{/ "~1g~@J :.::::~:;:~:;:::::::rr:r:?~:~:):::. '~kl/ .F:Y considered these code,~endri1eAt~, on August .~,.. 2009, and recommended adoption of the text :i.};W~??,. 4' amendments as recomrrie~gtP by !:ijfflanning Cor9fssion. 0.;'>;';-;':':-:';-. .::-:-:<.:::-:.:::->:-:-:_:.:.:.:-:_..... ::-j/ .. ...... ..-- ....................--.. .,. .......... .... ......................... .n .......... .... ......................... .... ............. -.......................... ..... NO ~_~~~EORETIm.... .... . CITYCOl.JNCIL OF THE CITY OF FEDERAL WAY . /)f~"-;~~ ' .................... , ,,(;If' "",*1i."",'\. W A~J.PTON, DO O~~JN AS'F'~.y;OWS: f. ~'"';"c'*"k.': Setf1Pihl. Findings. 'WMe CitY Council of the City of Federal Way makes the following --';r$;?}z t%?::- ..:;~;, ;;:w %f~~ . _ir.fj{ findings with resK~o the u'posed amendments. .3": A%" ~~0ir' ':;-..-;.~ (a) These <J;Jd'e amendments are in the best interest of the residents of the City and 'l will benefit the city as a whole by aiding the local economy and helping the construction industry survive the economic downturn so as to preserve investments made in the development permitting processes. Ordinance No. Page 3 of 14 Rev 3/09 Land Use, K:\2009 Code Amendrnents\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\ORDINANCE for FWRC 18 &19.doc (b) These code amendments comply with Chapter 36,70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 18 FWRC and Title 19 FWRC and will implement and are consistent with the applicable provisions ( d) These code amendments bear a substantial the ofthe Federal Way Comprehensive Plan. not adversely affect, the public health, safety, and welfa:f_ii:~;,. ,{a$r . ....~ (e) These code amendments have follq,.4ff the prqper procedure /.%/.~. "%?;;. i;//./-r/@&~,. -~. ~/ "'~:r$j;;' ~., .,~, ,,1:&,.>>-0.. ""%%$, ,,:;(1"'" '/'" '",:w-w $1'/ "" ;:r~i'diV '<<WAf Section 2. Conclusions, Pursuant&? 19.80 FWRC ':.J})5 FWRC, and based upon the 'm.. , ~~,&~ recitals and the findings set forth in s~~tt6~lttl1e Federat'''.fCity Council makes the ::~(:: ..-:::::::::::?~~~:~~~~::>:::.>:... 'r??/' \\:: ....:::~{:~{:~;~\<:::::::>... .>~;-' following Conclusions of L~~ with respect tqth5~'dSlo~!~::Rpteria necessary for the adoption ~.0,,::/:/: /}"6f~'~~.?<~ff@~_ :::::::.:':" of the proposed amend~hts''';;f%@;,:,\> i~it~, '~a>:: (a) The"" pr6_~.d F~C amendmerlHfare consistent with, and substantially '~... ;;w~ffg;:;:,.,..- -:(::.- /~;- ::;;:;:;%'/~;-;?ff1t1@WtW~0;::::-<.-~. "..;;./h~';'- imPlement,,_ir~i:ed<C':'C6~.nsive Plan goals and policies: ,.::LUG 2 Develd~;oo,:effici~'.l;himely development review process based on a publiclprly~tt partn'hip. FWRC. LuPiI . ..... . ...... Maximize efficiency of the development review process. - . . . . . . . . . . . . . . .......... ... .......... .... .,....'........."... ......-. ....... ... .... .......... .... .......... .... .......... .... EDG6 th~@!tX:Will encourage and support existing businesses to remain and/or expa1:l:~ftheir facilities within Federal Way. EDP 15 The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. EDP 18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. Ordinance No, Page 4 of 14 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LlITC\ORDINANCE for FWRC 18 &19.doc HP8 Consider the economic impact of all development regulations on the cost of housing. HP9 Maximize efficiency in the City's development review process and ensure that unnecessary time delays and expenses are eliminated. Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWCC, and that has no adverse impacts. HP 10 Encourage community input, where appropriate, il}t,#J1We4evelopment permit process by providing thorough and timely info:~I:~n to the public. ~;~;li:?:r %?i*i~~ HP 11 Continue to assist developers with housingt.bposa[~i~.~'i1j;!pe earliest possible op~ortunity, . including pre~p~licatio.n ~n~;ti~gs,.to p~ot.l:ojects that can be revIewed qUickly and maXImIze theIr;abIhtyto receIve pe~~~; {. ...... ~,'>>. . (b) The proposed FWRC amendmeQf::mf~~~.a subs]@g~ial relations/tfl~rihe public .':\t~ff::::>. ;;::~:?{::::<.:..<::::::::.. "y health, safety, and welfare because it responds to cuiYcltl1ational economic conditions that :-;;;'.. ?~;~~~:'rr impact local land development and htf"~;".. -related indusHi{;:$. by modifying development '~.:i(.Bj~.'..."'.. ....... "/-%_ '_ ~rw~~,. '_ '':::~::~\'::\:}:::'' regulations to provide for flexibility durin;'~"_~'.~p.t revie~process that is not provided -.%: ,%;f;,"/;{4~~i/';;~~;;/",., "." .;{:. .Ar;;:/' . x:.: 8//..'....%Z:::;:;:.r/'l' 1'.%.-;/j7/ 'Nr~~r*~u:fy in the current code; and9~~ig~~ and refineSJ~-farious rel~t~a codes in order to increase the :::{:>::.-.- .....::::::~:)}::::.:<. ~;; .. -:}/::::,- "<:::::?;:;::':" /tt. efficiency of the deyelqpwent revi~w process. '~ (c )4~;~-;,-=-!!'\fjilii~!i!~interest of the puhlic and the residents of the Cit~tlrFedenlr<W_~~ it ptQyiges for flexibility in development review timelines, which ,Ai':' . "~i~~;:i 1=f;%,~j~~r ~~~,*. "':;:?::}:::::::=>' results ..tit(~tinued develo~l~nt widiih the City, thus aiding the local economy, and ensuring ~:-/x~;.<~x~/;-::. .. '';''~;3-%:- ..~;;;;.%;;;~ .~~/ ';~~~j- that housing c~.'I..emain realhc. r.~r ..;@/ Section 3. i~~R~~1ftion is added to chapter 18 FWRC to read as follows: ',$i!W(/h ':'WPJr' >>%:,/ 18.05.090 Lapse of Approval- Time Extension (1) Application. No less than 60 days prior to lapse of approval under FWRC 18.30.260 and FWRC 18.35.220, or prior to lapse of approval of any precedine time extension eranted under this section, the applicant may submit a written request in the form of a letter with supportine documentation to the department of community development services reQuestine extension of those time limits of UP to two years. (2) Criteria. An extension request shall satisfy the followine criteria to be approved: Ordinance No. Page 5 of 14 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA lime limils and vesling\LlITC\ORDlNANCE for FWRC 18 &19.doc (a) Except for the first request for time extension. the applicant has made substantial prOl!ress to complete the plat~ (b) There are circumstances beyond the applicant's control which prevent compliance with the time limits of FWRC 18.30.260. 18.35.220. or any previouslv l!ranted extension~ (c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance. contribute to erosion and sedimentation roblems' or im act the ublic health safet and welfare' and (d) Whether either phvsical conditions in the vicin~~4he plat or codes and re uirements of the cit a licable a encies and utilit~~Zfoviders have chan ed to h d .. . . I I h' Id b ff;@". h bli' t t a suc a el!ree SInce Imtla approva t at It wou ,e~on: . .. rv to t e pu c In eres to extend the life of the plat. includinl! but not Jimi'- to str~factors as: i. Whether the adoption of new codes'iDd/or siif'dBards would substantially affect project lavout and storR.lMaInal!e' desil!n~ {!, ii. The adequacy of mitil!ationand/or impact fees to iif&.ess the cost of mitil!ation at the end of the expirationviriod~....,..~1.:1:;' .......... ........,;, ill. Whether the delaved projea:~:;tn~n~diment to other development projects in the vicinity as a resuli'a!,:~!~ffic concurrency reserved capacity. ~',jjj!;};;;"m;. The director may conditiOOJkm,.extension reQuestto satisfy criteria (c) and (d) as appropriate. "~""-W$t"~)).. .':Wi;.) In order to demonstrate coJt~Ii~;_~Jhe crit~itiofFWRC 18.05.090(2). the a Iicant ma also rovide ertfuenL' /.""cif~iUatign of financial backin lease acceptance. or o~~ef:!~~~ommitme~~ecured h'he developer and/or al!ent as well as applic~l:J.le proiee.t.timelines wiffl,;milestones and dates of anticipated completion.,::'::'i 'f~. (3) Fee. Thei.iiilicant ,jlall include wi~he letter of request the hourly fee as established bv thea.tv.~TR'~a:ues.twill'6t be accepted unless it is accompanied bv the . '''''~M'~' ~:;;;.~o rlf~~llit. "It( ,Ai / Review%'~~ s. E~ijli're uest for extension will be reviewed and decided u on /,~ the director'(ff~iimmUlat)tdevelopment services who may l!rant up to a two-year ,;v'~';PM~nsion s of a 'V, ti' %~ eals. An ;;~~~:rson ~{ rieved b the rantin or den in of a re uest for a timetrAsion unde&is section may appeal that decision. The appellant must file a I f7_ I' doe. h hO d 0 0 << h II' d etter 0 . ..:.:tt m I",~tml! ow t IS eCISlOn auects t e appe ant s property an Dresentinl!"~ttW;.fel~nt material or information sUDPortinl! the appellant's contention. tl\'Jiimeal will be heard and decided upon usinl! the appeal process described in FWRC 18.30.140 et seQ. Anv short plat time limit. pursuant to Chapter 36.70B RCW. upon the city's processinl! and decision upon applications under this title may. except as otherwise specifically stated in this title. may be modified bv a written al!reement between the applicant and the director of community development services. (6) Retroactive aoolicabilitv. The provisions of this section shall be retroactive to active and valid short plat. bindinl! site plan. and preliminarv plat applications. Ordinance No. Page 6 of 14 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUfC\ORDlNANCE for FWRC 18 &19.doc Section 4. A new section is added to chapter 19 FWRC to read as follows: 19.15.075 Final decisions and effect of the decision Upon a decision becomin2 fmal. the applicant may en2a2e in activity based on the decision, provided applicable permits have been approved. (a) Director. Decisions of the Director of Communi tv Development Services become final subject to the followin2: (1) If a written notice of appeal is received within th~.~ppeal period. the decision shall not become final until the appeal process is~omblete and the city issues a final decision.,}. (2) If no appeal is submitted within the 14-cale.ndiTf:'<:l~v appeal period. the decision sh.all become fmal on the first calendar ~aV[ollowin':..~~~ expiration of the appeal perIod. ,i1S~h\\:' (b) Hearinf! Examiner. If a decision of theJi:eii-irti! examiner is:Uhtfinal decision of the city, it may be reviewed under FWRG,4j9:70.260.Where the heiti~g;.ex~miner's decision is not the fmal decision of the cff~~~decisi~~mav be appeal~hinder FWRC 19.70.170 and is subject to subsection1{:i2'lofJIUS'~'Se.ction./> (1 ) Af!encv decision appeals. The decisiott~ifhe hearin2 examiner on an a2encv decision appeal is the final decision of the.'~it;if!o;;except where the proposed proiect involves:<<.<;~;!0ili~~~,. . ,........,.,...-... ...'.....''% /,- i. An approval. othirtmmasite plan apW.oo~.al. involvin2 a school .......-....-...- /.~. (FWRC 19.195.100). a communitvr~creifi~~~~~~ (FW~C 19.195.120). a 20vernment facility (FWRC 19.195.1?0)..~bubUclt.ti~tv (FWRC 19.195.140). or a ublic ark FWR-e'fi9il 5.160 locattdin an SEsuburban estates RS sin le- family residentj~lt or".:\imultifamilVlzone: or ;d!'fi'jo...i\ site P. approval fota public utility located in a BN (nei2hborhoodff~iness)J:B:C (communityunsiness). or OP (office park) zone. .... iii.~Adfb'.riii?Amder.EWRC Titles 14 and 15. ....:.:>:-:.::::::}:::.>:.-.... - ''''';:;'0;'Z~'' -, .,..-;-::.;.::~;/;/.~~/.-:-:;<,../ {(2)~~~~pasesff~~ases noe~l}iect to subsection (1) of this section, decisions Qf::the hearlIit!eX~'uniner~ltt.~Q me fmal: );--, i.tf~?applM~;the hearin2 examiner's decision is submitted within dl~~~peal period.6~.~he fir~~alendar day followin2 the expiration of the 14- calenf!~r~dav appeat.:period:' t:" ii. If a/written notice of appeal of the hearin2 examiner's decision is . - . . . . . . . . . . . . receivedWi!ll;~n the#oveal period. when the city issues a final decision after the appeal processisc6mplete. Section 5. FW!tC 18.05.080 shall be amended to read as follows: 18.05.080 Application cancellation. ill If an applicant for a boundary line adjustment, lot line elimination, binding site plan, short subdivision plat, preliminary plat, final plat, alteration of plat, or vacation of subdivision fails to provide additional information to the city within 180 days of being notified by mail that such information is requested, the application shall be deemed null Ordinance No. Page 7 of 14 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LurC\ORDINANCE for FWRC 18 &19.doc and void and the city shall have no duty to process, review, or issue any decision with respect to such an application. (2) Extension request. No less than 30 days prior to the lapse of the 180-dav notification bv the city under FWRC 18.05.080(1). the applicant for a short plat. bindin2 site plan. or preliminary plat application(s) may submit a written request in the form of a letter with supportin2 evidence to the department reQUestin2 an extension of the 180-dav time limits and documentin2 the followin2: a That circumstances be ond the a licant's control r-event com liance with the time limits of FWRC 18.05.080(1 )~~,*~f.$4"",, /.'/.'" " (b) That the applicant is makin!! substantial pr02re~h respondin2 to the request for information so that review of the applicatmW. be furthered when that information is submitted~ and~?'<!%_, c The number of additional calendar da s.n:ece~sar to'!~'''''''','de the re uested information..:......,............. '~.., (3) Review process. A request for an extensl6ri to the 180-dav time ahwillbe reviewed and decided u on b the direct'Ori::tiased on res onses to crii0.i>;i<;i'~ FWRC 18.05.080(2)., ........ )" (4) Retroactive applicabilitv. Administrative exi~!!n to the 180-dav time limit shall be retroactive to those valid bindin2 site plan. shdrts..bdivision. and preliminary I li. d .;/X%%;:::/:. . <?<:;:::=-:>: . pat app catIOns currently un ermreMlew.\ .,~/'.,.///%.,.##/, ...,.",.,.....,... . ..". ,:@ .,-'~~' , . , - ..:.:::::-:.:.:::-:->..:.:.:.. Section 6. FWRC 1830.260 shall b~~m~:;'.tei:!d.as foli8~s: .~ /.W~~~~%}i: ' ./ ;~ /p}/ "~i..'_g; 18 30 260 Ef~ S~:.:.:.:..... I dD f~ A':: 1'/~$%.fY .. .ed 7: .J.iO:ftl} at uratICI.,Qi?approva ~ :tr n.:,. ...........:_... ~~_. /. (1) Short plaJj;ipprovat~P:9ll expire on~Jive year~ (rom the date of the director of communitysw:V!lppment s~fyices approva:r~ia~~ approval shall constitute acceptance of short subd~visiori4~~~t. al}g'gt~ign ~nd shatnclude al.l conditions, restricti?ns, and other reqU1rementst~qWJ~dbY:tlj!11::g.~f~fl9r:6f commumty development serVIces as part of sho~_~j~Jl appr8~h.Cityappf&vMof a short subdivision shall not constitute ~'<10val fo?rf{i.ar.I.'ng~rgra.ding, vegetation removal, or any other activities which ...Thherwise requirt'fJ.Sf;mits fiath.I.th~tity. """7.wa. '~ff$'1F . ',',',',;,','"". 0/ "%%."Prior to constF:~~ion ofifflprovements pursuant to short plat approval, engineering dra~>>::I for public irlrovenients shall be submitted for review and approval to the depaJ~~?fpublic Irks, L~ehaven ut~lity dis~rict, and city of Tacoma pu~lic utilities departme~~? peml'to begm construction or sIte work shall be granted untIl final approval of~M'plans, including s~~rm drainage; the ~ayment of all pertinent fees; and the submItrf performance secuntIes as may be reqUired. ,; Section 7. FWRC 18.35.220 shall be amended to read as follows: 18.35.220 Duration of approval. Preliminary plat approval shall expire five years from the date of city council approval, unless the applicant requests an extension as provided in FWRC 18.05.090. from the hearing examiner. The request for extension must be submitted to the department of Ordinance No. Page 8 of 14 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUfC\ORDINANCE for FWRC 18 &19.doc cOIlHllUnity development services at least 60 days prior to the expiration date of the preliminary plat. The department of cOIlHllUnit), development seryices shall schedule and advertise a public hearing in accordance "'lith FWRC 18.35.100. In considering v/hether to grant the extension, the hearing examiner shall consider the follo'wing in the public hearing: (1) 'A'hether substantial progress has been made to'.T/ard completion of the entire plat, or the initial phase of the plat, if the preliminary approval included phasing. (2) Whether conditions in the vicinity of the subdiyision have c~ged to a sufficient . ... .. af-%i':+,. . /.-,,&~-0 W% , i .~_ '~. y.., % ;- ... .'. "\ '~.@)fu ......................,..... ""'. Section 8. FWRC 19.15.050 shall be amended.Jp:readas follows: '''''.~ .......... :i,W~ ..,,/)? '<<. 19.15.050 App~cation.cancellat~on. .:{'i.!::;t:. "':1':::::::, . :~~7 ill If an apphcant falls to proVide addIt!onal'lqf9fIllettootQ the CIty wItl;rin 180 days of being notified by mail that such information is reqij,ii~d, the application shall be deemed null and void and the city shall hl;lXe no duty to prod~s$,in~view, or issue any decisions with respect to such an applicatiot1W:!Wi]i,,+ .':.t (2) Extension request. No less t6;t'riW~a~s prior to tfii:lau~e of the 180-dav notification b the cit under FWRc l~Lf*;l?iQ 1. the a "':':)icant ma submit a written re uest in the form of a lett~,wi~ti'0.?''''1jmn. //eVidence to the de artment reQuestin2. an extenslon:of the time liHU~'and doc';"""''''ents the followin2.: (a) Th~~circurr.~t~nces bevond!'itlle applica~t's control prevent compliance with the timetimits ofFWRC 19.15.050f:l)~ . ... .':...........:... :....,. "/C' . 7- (b) Thatineapplicant is makin2. s:ii1fStantial pr02.ress in respondin2. to the reQuest!?~infornia~~~s&thlt~!:Y:!~).\'()ffthe application can be furthered when that informat1on.~~llbmitte.(ti.and ............. (c) TIii...lJlllber 6N.dditional calendar days necessary to provide the /.l'~uested inforrtia~~()n'H' "\{~~Review proclssI~ request for an extension to the 180-dav time limit will be revie~~ and decide~lIPon bv the director based on responses to criteria is FWRC 19.15JJ5~(~).y{ (4) Reit~~~tive ao.Jjlicabilitv. Administrative extension to the 180-dav time limit shall be retro~~~~y({lo those valid Process I. II. III. or IV applications currently under review. ... Section 9. FWRC 19. 15. 100 shall be amended to read as follows: 19.15.100 Lapse of approval- Generally. (l) Use Process L The applicant must substantially complete construction for the development activity. use of land. or other actions approved and complete the applicable conditions listed in the Process I decision within one year after the final decision of the city on the matter. or the decision becomes void. If a land use petition Ordinance No. Page 9 of 14 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\ORDINANCE for FWRC 18 &19.doc is tlled under Chauter 36.70C RCW in Kinf! County suuerior court. the time limits of this section are automatically extended bv the lenf!th of time between the commencement and final termination of that litif!ation. (2) Use Process II, III, and IV. An applicant must begin construction or submit to the city a complete building permit application for the development activity, use of land or other actions within one year after the final decision approving the matter, or the decision becomes void. The applicant must substantially complete construction for the development activity, use of land, or other actions approved an4Jiomplete the applicable conditions listed in the Use Process II, III, and IV decisionwintihp.ve years after the final decision of the city on the matter, or the decision besgl~s void: If a land use petition is filed under Chapter 36.70C RCW in King C2~hfy:~gptrior court, the time limits of this section are automatically extended by th~.lengthdt::Mwe between the commencement and final termination of that litig9t~w.n.lfthe develgplllent activity, use of land, or other action approved under this chapt,~K~f&des phased cdh$,~Mc.tion, the time ,.,~// .....<<..... limits of this section may be extended in th~.cision oJ;} the application~:~9f:llo'.V for I. f b h A""'<<w' ,~. ........,. comp etlon 0 su sequent p ases. 4'~:%"''',;;f~, '1&/ . '~~~Wlt~, > ,.1j*f~(~/,.,., "~~~~r~.,.~ -f.-,. Section 10. FWRC 19.15.100 shall be amended i6~eJi~ras follows: 19(~~~~;I~:~:o:o~:Pl~~::~ ~~~;;r!~ t;~'~Proval under FWRC 19.15.100 for substantIally comulet~f! con~l1.l~~lc:m or PJtfOr to lause of approval for any uroceedinf! time extension f!ranl~~ u.~der'tfiis~~~tion. the,-an applicant may submit a wr~tten~~~jtR request int~~rorm of ~!ctier wit~ supporting. .. documentatlo~.;;k~'the de~ent requestl~p a one tune extenSIOn of those time hmIts of up to two ve.aw~~pe year. %%~ \< ',-y ">-;/"/::;':-;~ ~~~ <:::::::". .;::::. (2) Criteria. T~~~ues~~~~ndemonstraf~)hat the applicant is making substantial ,%<; ;'Z';';': :0?:~~~~~.~z;..,. "." . '""'""@Y.",t::b0"-"';?;" ,,.~fi,%:;; ;%::.; . . . ..... . .. . ... ..., -. .", .::;:::?:-............ ....:.:.::::::::::::::::::::::::::>:... .,::;-;;%;~~. !p~time limits~tf:~lRC<'1~~~.IOO; An extension request shall satisfv the followinf! /~,~~a ~o ::::~~:::e :'~uest for time extension the a licant has made subs~~ial urof!ress~~ comuleted the uroiect <(~,)!here are~lrcumstances beyond the auulicant's control which prevent comu~adt~~~th th~nme limits of FWRC 19.15.100. or any ureviouslv f!ranted extenslon~t,; (c) The'ei:fension will not create or continue conditions that constitute a code violation or art>attractive nuisance. contribute to erosion and sedimentation uroblems, or imuact the uublic health, safety and welfare~ and (d) Whether either uhvsical conditions in the vicinity ofthe ulat or codes and requirements of the city. auulicable af!encies, and utilitv uroviders have chanf!ed to a such a def!ree since initial auuroval that it would be contrary to the uublic interest to extend the life of the ulat, includinf! but not limited to such factors as: i. Whether the adoution of new codes/standards would substantially affect uroiect layout and storm drainaf!e desif!n; Ordinance No. Page 10 of 14 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\ORDINANCE for FWRC 18 &19.doc ii. The adeQuacy of mitieation and/or impact fees to address the cost of mitieation at the end of the expiration period; iii. Whether the delayed proiect is an impediment to other development proiects in the vicinity as a result of traffic concurrency reserved capacity. The director may condition the extension reQuest to satisfy criteria (c) and (d) as appropriate. In order to demonstrate com liance with the criteria 0. FWRC 19.15.110 2 the applicant mav also provide pertinent documentation 0 :. : W'allcial backine. lease acce tance or other such commitments secured b theLl-Velo er and/or a ent as well as a licable ro' ect timelines with milestones iii/<</f'tt of antici ated I . //.:"P/ ''''&)'')), comp etIon. . . . . '~ ;-':i?/ (3) !'ee. The appl~cant shall m~lu~e, WIth the IJ:~~m;?r't,~quest, ~_2~rlY .fe.e as establIshed by the CIty. The apphcatIOn reQuest:::wtll not be accepte<f~J~ss It IS accompanied by the required hourly fee.,.;::"'" ..... '~.,. h .( 4) Revie~ l!roc~ss and t~meline. Ail E~~hi:!~~est a~~~~ion for a ti /~'l~ ension wIll be admmIstratlvely reVIewed and deCIded ti'P9Mby!Jledq-ector who . y erant up to a one-year extension of time to substantially c(jmil!~te construction and complete applicable conditions of appro\f,31 for approved Usij@Process I application(s) after final decision and may 2:rant uifi~~jwo-vear extensi~fiof time to substantially com lete construction and com ii{f~//:""" ". ble conditf8fis'at'a roval for a roved Use Process II. III. or IV applicatiOb.(s)"/~!i~~Mk'" . (5) Appe~ls. Any ~.~r.~on w~o is agt\?v~j ~Y_~yng or de~ying .of a request for a time extenSIOn unQ.!immW:~~ctIon may a~'. I that dec(ifon as prOVided III FWRC ......................,... %'.;;7 1.9.65.120. !h?~ppell<irtt~!~t file a lett~~f appeal indica~ing how the decision ~n the time extensWfi~!"t~ts the a:eipellant' s prop~y ~nd presentmg any relevant matenal or information supp6U}:!1g thediQpellant's cont~n. The appeal will be heard and decided upon usi!l~ processt~;:~lifStrai~:mGb~p.t.~/36. 70B RCW, any time limit upon the city's pro~__.~~cisiafiAIwn appm::att&iMi under this title may, except as otherwise ~e;fically'sr'l~ thist1:~~~h.be modified by a written agreement between the applicant i~d the dI'rector '~#$; .'?i,.... .~;;~w~~... . -'IU1'i}.~:-- "::::::::::::::::::::~:/ ..,,,,./,,z.;.}q.;c,. *z/~ '""""""""".. "'~;~> Retroactive 0"%':. abili j}Extensions a roved under this section shall be ret:Pff~,<<ive only for'tf'!bse active and valid Use Process I. II. III. or IV applications. "-m'<<.l;,*A' ;@'*", sI~ W~W4 Section rr'W:MTRC 1 . <~' 0.270is hereby repealed as follows: ~~~.-. :p/-1'X 'X:'W""'" /<<;,0 '~~it~;,o 18.30.270 Efief'~Time extension. /.~/ (1) No less tharf 30 days prior to lapse of approval under F'tIRC 18.30.260, the applicant may submit a ..vritten application in the form of a letter \vith supporting documentation to the department of cormnunity development services requesting a one time extension of those limits of up to one year. (2) The applicant shall include, with the letter of request, the fee as established by the city and reasons for said request The application '.viII not be accepted unless it is accompanied by the required fee. Ordinance No. Page 11 of 14 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUfC\ORDlNANCE for FWRC 18 & I 9_doc (3) The director of community development services may grant a one year extension of short subdivision approvahvith an expiration date and no further opportunity for extension. (4) The request must demonstrate that the applicant is making substantial progress on the approval and conditions of approval, and that there are circumstances beyond the applicant's control '.vhich prcvent compliancc '.'lith the timc limits ofPNRC 18.30.260. (5) .'\ny person aggrieved by the granting or denying of a request fDr a time extension under this section may appeal that decision. The appellant must tile a letter of appeal . .. ... ,/'. . mdica.tmg ~ow thiS ~ecISion aff?cts the appellant' s prope~y ~. p.e~~ntmg ~ny relevant matcnal or lllformatlOn supportmg the appcllant' s contcntl~~"The appeal wlll be heard .. 4 . u.....,-'~..~.. and deCIded upon usmg the appeal process descnbed mJfiW'Rf~j8.30,140 et seq. Any :;':=i::=':~=i:;~6':: e~~ :~:~;~:= ~:~:~lc, be modified by a 'l.'ntten agreement bet\'/een th~apphcant and the cf1f~~A9r of commumty . ---....~ ~~ development serVIces. , ... .' ,.:!~~W.0\. / '::){?:~:<<::::" \::::" -;:~.r${j.~:lY Section 12, FWRC 16.65.110 is hereby re~e~l~d~JoUg~~!>'}i!r . - . - - . . . . . . . . . 19.65.110 Effeet of the deeisioH~;":,,,i:. Upon a decision becoming final, t~~~~:PRFcant may eng&g~jp: activity based on the decision, provided applicable perrrii~ffW~l~~~,~n appro,.'ed:m~~sions become final subject to the follo"'ing' ';,t 'c:"t{%iYi:',,, ... }i (1) If a written noti~e of appeal is recJ~ed 'Ni~[fit~~rdiperiod, the decision shall not -:1;:;.. .~;.:;,:: -,-'/7.~~w become final unt~JM:I_.al process is'f~~IDplete and:~fie city issues a final decision. ... WE"% d",,::.% X~~tz. .;../., :.:/ (2) If no appe~I;;~?submtt(~Fithin the 14;~Falendar day appeal period, the decision shall become fina.J~~~ first c~dar day foll~;in& the expiration of the appeal period. .;:~~>>,-' E1L.//" :~~j~).~j/ Section l}'H FWRC'1~W:&:!I&6%$f~~$.!;}~>,~~pliiled as follows: A';I~I~!~~~:\!!f.~~i;:::~c:~:;' ~agc in activity based on the dey~~jon, provided atm~icab1e g:ermits have been approved. If a decision of the hearing exa~J~rfis the finala?~ision'ofthe city, it may be reviewed under FWRC 19,70.260. ,)/hcrc~Rhcaring ex~-winer' s decision is not the final decision of the city, the decision may be app~w~d unciiFWRC 19.70.170 and is subject to subsection (2) of this section. (I) Agcncyil9s{{i:fJh appeals. The decision by the hearing examiner on an agency decision appealjSlhe final decision of the city, except where the proposed project im'olves: ,. (a) An approval, other than a site plan approval, involving a school (FVfRC 19.195.100), a community recreation area (FWRC 19.195.120), a government facility (F'NRC 19,195.150), a public utility (FWRC 19.195.140), or a public park (FWRC 19.195.160) located in a SE (suburban estates), RS (single family residential), or RM: (multifamily) zone; or (b) A site plan approval for a public utility located in a BN (neighborhood business), BC (community business), or OP (office park) zone. Ordinance No. Page 12 of 14 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUfC\ORDINANCE for FWRC i8 &19.doc (c) SEP}.. appeals under FWRC Titles 14 and 15. (2) Other cases. In cases not subject to subsection (1) of this section, decisions of the heuring examiner become final: (a) If J1() appeal of thc hearing examiner's decision is submittcd within thc appeal period, on the first calendar day follO'.ving the expiration of the 14 calendar day appeal period; (b) If a written notice of appeal of the hearing examincr's dccision is rcccived within the appeal period, v/hen the city issues a final decision afY~r the appeal process is complete. .... ,q,,' .."...... ...... ......... ...... .......... .... .......... .... .......-.. ...... ..-....... ...... .......... ...... .......... . . . . . . - . . . . . . . . . ...... .......... Section 14. Severability. The provISIons of thisor.4rance<i{t:::geclared separate and severable. The invalidity of any clause, sentence, paI;~~tf;~s~bdiviSio::::~~~!i9n, or portion of ~!/' .::: this ordinance, or the invalidity of the apPlicati~'lt~~; of to '~v person or c;i~l~t~ce, shall . '0M",,~,. ">~...,;"",,,., "~@% M..::'//".. ;"".' ''--0'$f~' ir~"" //"/. . .:::." not affect the validity of the remainder of the ordinan~~(1~' validity of its ap~lication to any "'/@'%>. other p::::::rl:lr~:::::: The Cit:t~I!.~~,:~~~orilinance &e authorized .... .... .....- ............. to make necessary correcti~~~~ffi4tp.is ordinancdJJiEluding, b4t:hot limited to, the correction of /';;'r~~/.~~0% .......'- -.-:' r;'?}~;: '~-'2:~.f;: \f::.. "," scrivener/clerical eg:4~f:[erencllordinance nU~Reri:ng, section/subsection numbers and any '~I:~)/'. ll%~~",,^,.../> references thereto,"~l;0~,~'*..%'/." . .' rl ..,...tt;::;,..,.. '''{~W.?!. ...,/.~~.!.' ?~aion 16. Rat~~9~tion.'.~~,act consistent with the authority and prior to the effective date:g:'..~~~~t9rdinance is~~~~ly rati;!.~ affirmed. ................... ....... ,/ "" ..., -.... ........H... ,_._. "", '" .... ......,... ..... .......... .... .......... ..... .......... ..... ...n..... .... .......... -.... .......... n'" . . . . . . . . . . .. . . . . . . . - . . . - . . . .......... .... .......... .... .-........ .... and publication as ptgYi$!y4by law. Ordinance No. Page 13 004 Rev 3/09 Land Use, K:\2009 Code Arnendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUfC\ORDINANCE for FWRC 18 &19.doc PASSED by the City Council of the City of Federal Way this day of ,200 CITY OF FEDERAL WAY ,,~;;... CITY CAROL MCNEILLY, CMC MAYOR JACK DOV :xf;'t$.~.,.., , /.a:~~ ......I'~ $..0 ..;.f~, r";"'%'~/.)'h. 1@""'->-M.,,', ,<<<<1 ';~$;.<<-I' %$'/ ';~/.~I'. ~p:a .,.q "<r~ '1(~$:' %.. . ;.r%~~0-' ....;i;; ';~o/h/ "',,-.. ;-%8", ;, .,,~, '~ y. '~~" "wJ' /,j' /' ATTEST: APPROVED AS TO FORM: ,-;.;..,- ...~~1*i~M:,;....... ..;i;ii~:Wiii?J~%;*lifj%h... CITY ATTORNEY PATRICIA A RICHA~SO~1~~+~~.$%>>#' , -c-5;;- I';'~-W: -'~>>.a::~W%;7 ...... ':;,-;:;..-;;~" '-~;:F /;:::;::;::::;:;=::;:;:::::;::;;:::;":':';":. ';~~i0/ jf/// FILED WITH THE C!EYCLERI;;~ PASSED BY THE Ofi''M.COUNdtw: 'N. PUBLISHED: EFFECTIVE DATE: :::~;:</,-/,.._.:;j'" 'X'::).~/ >~;:--' " ;;g;f;~0:';::;'~;;:;':;'/I'__' ORDINANzE'!.~', ,~;'-;%-}.:%, ....'€i.'N'. ".'.. ~(Md~" .4ii~W""i~~'~~. /,".N..'%'>/....;" ,/ W",l .~:{:;:;~<<-- pp '/t:0?'/~1' _ "@ ';~XfM~...1' .4]0/ ~1':3'8?~. ,.~//r ~'}';-/.@';:i:iV o?mpY 1;- ,Y Ordinance No. Page 14 of 14 Rev 3/09 Land Use, K:\2009 Code Arnendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\ORDINANCE for FWRC 18 &19.doc Attachment 2 - Staff Report to the Planning Commission for the July 22, 2009 Public Hearing with Exhibits A through L .~. CITY OF :,:{:,Jt~~,S Federal Way STAFF REPORT TO THE PLANNING COMMISSION Planning Commission Meeting of July 22,2009 Amendments to Federal Way Revised Code (FWRC) Title 18 - Subdivisions and Title 19 - Permits and Review Processes Federal Way File No. 09-101017-00-UP Report prepared by Senior Planner Deb Barker L PURPOSE OF AMENDMENT The proposed text amendments are intended to aid in economic recovery by providing flexibility with increases to extension deadlines and approvals for a variety of applications. In addition, vesting for land use applications is proposed to be clarified II. BACKGROUND Due in large part to the national economic recession, the regional housing market has severely declined and the ability for (commercial and home) builders and developers to secure credit from financial institutions has become considerably more difficult. The local building industry has been significantly impacted by these issues and is faced with the on-going threat of job losses and business closures in land development and housing related industries. Stakeholders in the building industry believe that bold actions are needed at all levels of government to spur housing and economic recoveries. One of the actions suggested by the Master Builders of King COlUlty as part of a housing stimulus plan at the local level includes extending the time period applicants have to submit an application for a complete final subdivision or short subdivision approval. Taking this action may allow home builders increased opportnnities for debt recovery and provide the time needed to obtain financing and complete construction. In addition to extending time limits for subdivisions, the City believes that extending time limits for land use permits can further the recovery of the industry and improve some inconsistencies in the existing codes. Vesting is a term that signifies the point at which a project is guaranteed the codes upon which a project must be designed arid processed. The city's codes currently establish vesting at various points, leading to inconsistency and confusion. Staff's proposal to establish vesting of land use permits and approvals at the point of submitting a complete application, consistent with subdivision applications, 1 also provides the building industry the certainty that codes would not be changed in mid-process, potentially impacting their application. It is in this spirit that this code amendment is prepared I Vesting tor subdivision applications is covered under RCW 58,17.033_ ",-'l The current Federal Way Revised Code (FWRC) includes the following expiration timelines and points of vesting: Type of Permit Summarized Current Time Line Vestint! Date Preliminary plat City code requires that responses for additional information be At complete provided within 180 days of the request, or an application can application be considered void. Preliminary plat applications expire five years from date of approvaL The Hearing Examiner can grant a one-time, one-year extension. Recorded preliminary plats vest for five years from date of recording. Short plat and BSP City code requires that responses for additional information be At complete provided within 180 days of the request, or an application can application be considered void. Short plat applications expire one year following director approvaL The director can grant a one-time, one-year extension. Process I,' II, III, IV City code requires that responses for additional information be At date of complete provided within 180 days of the request, or an application can building permit be considered void. The applicant must submit a complete application or of building permit within one year ofland use approval or the land use approval approval expires. The project must be constructed within one and five years following approval with one-time, one-year extension or the application expires, Building Permit Under the International Building Code (IBe) a complete Complete building permit application shall expire within 180 days. application Extensions up to 90 days are available subject to written request with justifiable cause demonstrated. Building penuit applications toll until the SEP A appeal period concludes. Issued building permits also expire 180 days from issuance. Extensions up to 180 days are available subject to written requests and justifiable cause demonstrated. 2 ummacy ofEXlshng Code III. SUMMARY OF PROPOSED CODE AMENDIHENTS The following is a summary of the proposed amendments. Subdivisions - FWRC Title 18: (a) City code currently requires that responses for additional information be provided within ISO days of the request, or an application can be considered void The purpose of this amendment is to provide an extension of that timeline while ensuring that the applicant has not abandoned the project. 3 Staff recommends administrative extensions to the ISO-day time line for resubmitting additional information for short plats, binding site plans, and preliminary plats subject to criteria and situational conditions. A nominal fee would be required with the extension request The administrative extensions to the 180-day time line would be retroactive to those subdivision applications currently under review (Exhibit A - FWRC 18.05.080 Application Cancelation). (b) City codes currently require that a short plat be completed within one year of approval or the short plat expires. The purpose of this amendment is to extend the short plat construction timeline so that it is consistent with the five years of time allowed for construction of a 2 mc related intormation from IBC 105.3,2 and IBC 105.5 is provided tor reterence only. No changes to any IBC provision are rroposed with this code amendment. It is proposed that the number and time line of 180 day extensions provided for pending preliminary plats, short plats, and binding site plan applications be based on compliance with criteria. StatTReport to the Planning Commission Amendments to Federal Way Revised Code (FWRC) ,-"f€ Page 2 09-101017/Doc,1D 50754 preliminary plat. Staff recommends that approval deadlines for short plat applications increase from one year to five years (Exhibit B - FWRC 18.30.260 Short plat duration approval). (c) Currently, all infrastructure such as roads and utilities required for those preliminary plat, short plat, or binding site plan applications4 that have received preliminary approval must be installed within a specific timeline from the date of preliminary approval. The City code currently provides only a one-time, one-year extension of these time lines, and requires that the Hearing Examiner review preliminary plat extension requests. This amendment proposes to increase the extension time line from one year to two years for all short plat and preliminary plat applications, and allow additional extension opporhmities for those short plat and preliminary plat projects that have been approved but are not completed within the required timeline. It is further proposed that the Director of Community Development Services would review and grant each extension request subject to circum;tances and compliance with criteria,s and it is proposed that this extension opportunity be made retroactive in order to address those active and valid preliminary plat, short plat, and BSP applications that have received preliminary approval, have received their only extension opportunity, and face expiration as they are still not completed Staff recommends that two-year extension opportunities shall be available for approved short plats, binding site plans, and preliminary plat applications subject to criteria and administrative review; and appealable to the Hearing Examiner. The extensions shall be retroactive to those active and valid projects granted preliminary plat, short plat, or binding site plan approval (Exhibit C - FWRC 18.05.090 Lapse of Approval- Time Extension). (d) Currently, city code requires that approved short plats be completed within one year of approval or the short plat expires.. As noted in (b) above, short plat timelines are recommended to be consistent with preliminary plat timelines, and extended from one year to five years. The five-year timeline reference is proposed as 18.30.260 to the "Subdivisions in General" section of the FWRC. The one-year timeline reference would therefore be deleted from the short subdivision portion of the FWRC. Staff recommends that in order to provide for a consistent subdivision completion time line shown in FWRC 18.05.090, Duration of Approval, the section known as FWRC 18.30.270 would be deleted (Exhibit D - Deletes FWRC 18.30.270 Effect- Time Extension). (e) Currently, extension provisions are individually located in short plat and preliminary plat sections of the FWRC. As noted in (c) above, the subdivision code is proposed to be modified to allow for consistent timeline and extension opportunities for short plats and preliminary plats. Staff recommends that in order to consolidate timeline and extension opportunities for preliminary plats, timeline and extension references in FWRC 18.35.220 would be moved to FWRC 18.05.090, Duration of Approval (Exhibit E - FWRC 18.35.220 Duration of Approval). Permits and Review Processes - FWRC Title 19: (a) As noted above, vesting is a term that signifies the point at which a project is guaranteed the codes upon which a project must be designed and processed. The city's codes currently establish Use Process I, II, III, and IV land use applications vesting at the time a land use decision is issued, while subdivision applications vest at the time of a complete application. 6 The proposal to establish land use permits vesting at the point of submitting a complete ~ Binding site plans are processed under the provisions of short subdivision per FWRC 18.20.020. ) The number of extension opportunities for approved preliminary plats, short plats, and binding site plans shall be based on compliance with criteria. 6 Vesting for subdivision applications are covered under RCW 58.17.033. ...""'i. StatfReport to the Planning Couunission Amendments to Federal Way Revised Code (FWRC) Page 3 09-10 10 17 /Doc. I.D. 507;4 application would make vesting milestones consistent with subdivision provisions. Applications that are not complete when submitted require that more information be submitted Those Use Process applications would vest after required information is provided and a letter of completeness is issued by the City. An applicant would not be able to alter or choose vesting dates without formally withdrawing a current land use application. To eliminate inconsistency and confusion, staff recommends that the vesting of Use Process I, H, m, and IV applications be changed from land use approval to the date the application is determined to be complete. It is also recommended that Use Process applications that require additional information to be considered complete would not vest until after determined complete based on a letter of completeness. A complete land use application will be defined, and vesting rights would not be waivable (Exhibit F - FWRC /9./5.045 Use Process - Completeness of Applications). (b) City code currently requires that responses for additional information be provided within 180 days of the request, or an application can be considered void. The purpose of this amendment is to provide an extension of that timeline while ensuring that the applicant has not abandoned the project. Administrative extensions to the 180-day timeline for resubmitting additional information would be available subject to criteria and situational conditions; would be subject to a nominal fee; and if approved, would be retroactive for valid Process I, II, III, or IV applications.7 Staff recommends administrative extensions to the I80-day timeline for resubmitting additional information for Use Process I, II, III, and IV applications subject to criteria and situational conditions, and subject to a nominal fee. Administrative extensions to the 180-day timeline would be retroactive to valid Process I, II, HI, and IV land use applications currently under review (Exhibit G - FWRC /9./5.050 Application Cancelation). (c) Language discussing "final decisions" and "effects of the decision" is located in both sections on Use Process III and Use Process IV. In an effort to consolidate duplicative language, this amendment proposes to consolidate and relocate this language into the "permits and review processes" section so that it is applicable to all Use Process I, II, HI, and IV applications. Staff recommends that duplicative language on final decisions and effects of the decision be merged and moved to the Permits and review processes section (Exhibit H - FWRC /9./5.075 Final decisions and effect of the decision). (d) Currently, an applicant for a Process I, II, m, or IV application must begin construction or submit to the city a complete building permit application for development activity, use of land, or other actions within one year of the final decision, or the decision becomes void In addition, the applicant must substantially complete the construction for the development activity, use of land, or other actions and complete the applicable conditions in the decision within five years after the final decision or the decision becomes void. The purpose of this amendment is to eliminate the time line for submitting a complete building permit application for approved Process H, III, and IV applications since work approved under these applications is typically more complex and a timeline to submit a building permit is not practical. The amendment further proposes to allow five years to complete work following the Process II, III, or IV decision. In contrast, Process I applications focus on a limited aspect of the project,. are typically less complicated, and thus do not require additional time limit extensions to complete the work. Staff recommends that the applicant substantially complete construction for the development activity, use ofland, or other actions approved and complete the applicable conditions listed in the decision within one year of the Process I decision, or within five years 7 It is proposed that the number and timeline of l80-day extensions provided tor Use Process I, IT, III, and IV applications be based on compliance with criteria Staff Report to the Planning Corrurussion Amendments to Federal Way Revised Code (FWRC) ,10 Page 4 09-10 1017/Doc ID 50154 of the Process II, III, or IV decision, or those decisions become void (Exhibit f - FWRC /9./5./00 Lapse of Approval - Generally). (e) Currently, city code provides a one-time extension of only one year for an applicant to complete all of the work approved under a Use Process I, II, III, and IV decision following the initial one year construction timeline. The purpose of this amendment is to provide greater flexibility for developers and builders by increasing extension timelines from one year to two years for all Process II, III, and IV applications that have been approved but are not completed within the required time line. The amendment also proposes that the Director of Community Development Services review and grant each extension request subject to circumstances and compliance with criteria, 8 and that this extension opportunity be made retroactive in order to address active land use applications that have received preliminary approval, received their only extension opportunity and, face expiration as they are still not completed As previously noted, Use Process I applications are typically less complicated, and generally do not require additional time limit extensions to complete the work. Staff recommends that one year extension opportunities be available for approved Process I applications subject to criteria and administrative review; that two-year extension opportunities be available for approved Process II, III, and IV applications subject to criteria and administrative review; and appealable to the Hearing Examiner. Extension provisions would be retroactive to valid and active land use Process I, II, III, and IV applications currently under review (Exhibit J - FWRC /9./5.//0 Lapse of Approval- Time Extension). (t) ClDTently, the effect of a Process III decision is referenced in FWRC 19.65.110. As noted in (c) above, in order to eliminate duplicative code provisions and ensure that the effect of decision is consistent for all use process decisions, it is recommended that FWRC 19.65. 110 Effect of decision be deleted as it is moved to FWRC 19.15.075 (Exhibit K - Deletes FWRC /9.65.110 Effect of the decision). (g) Currently, the effect of a Process IV decision is referenced in FWRC 19.70.160. As noted in C above, in order to eliminate duplicative code provisions and ensure that the final decision and effect of decision is consistent for all use process decisions, it is recommended that FWRC 19.70.160 Final decisions and effect of decision be deleted as it is moved to FWRC 19.15.075 (Exhibit L - Deletes FWRC /9.70.160 Final decisions and effect of the decision). IV. PROCEDURAL SUMlVlARY The Project is procedurally exempt from State Environmental Policy Act (SEP A) review under WAC 197 -11-800( 19) (Procedural Actions). Public Notice of the July 22, 2009, public hearing was published and posted on July 4,2009, in accordance with the City's procedural requirements. There were no public comments. V. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes the comp liance of the proposed zoning text amendments with the criteria provided by FWRC 19.80. 13 O. The City may amend the text of the FWRC only if it finds that: ' g The number of extension opportunities for approved Use Process I,lL IlL and IV applications shall be based on compliance with criteria, Staff Report to the Planning Cormnission Amendments to Federal Way Revised Code (FWRC) Page 5 09-10 10 17/Doc lD. 50754 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC zoning text amendments are consistent with the following goals and policies contained in the Federal Way Comprehensive Plan (FWCP): LUG2 LUP4 EDG6 EDPI5 EDPI8 HP8 HP9 HPIO HPII Develop an efficient and timely development review process based on a publidprivate partnership. Maximize efficiency of the development review process. The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. Consider the economic impact of all development regulations on the cost of housing. Maximize efficiency in the City's development review process and ensure that mmecessary time delays and expenses are eliminated Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWCC (sic), and that has no adverse impacts. Encourage conununity input, where appropriate, into the development permit process by providing thorough and timely information to the public. Continue to assist developers with housing proposals at the earliest possible opportunity, including preapplication meetings to produce projects that can be reviewed quickly and maximize their ability to receive permits. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendment bears a substantial relationship to the public health, safety, or welfare because it responds to current national economic conditions that impact local land development and housing related industries by modifying development regulations to provide for flexibility during the development review process that is not provided in the current code; and clarifies and refines various related codes in order to increase the efficiency of the development review process. 3. The proposed amendment is in the best interest of the residents of the City. Approval of the proposed code amendment would benefit the City as a whole as it provides for flexibility in development review timelines, which results in continued development within the City, thus aiding the local economy, and ensuring that housing costs remain realistic. VI. PLANNING COMMISSION REVIEW AND ACTION Pursuant to FWRC 19.80.050(b), the City Council may review City-initiated changes to the text of the zoning code from time to time at the Council's discretion. The Planning Commission is being asked to review the proposed changes to the zoning code and forward a recommendation to the City CounciL FWRC Chapter 19.80, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Conunission is to review and evaluate the zoning code text regarding any proposed amendments; to determine whether Page 6 09-10 1017 /Doc, ID. 50754 ~i Staff Report to the Planning Commission Amendments to Federal Way Revised Code (FWRC) the proposed zoning code text amendment meets the criteria provided by FWRC 19.80.130; and to forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: L Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modity the proposed FWRC text amendments and recommend to City Council adoption of the FWRC text amendments as modified; 3. Recommend to City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to City Council without a recommendation. VII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendment to FWRC Title 18 Subdivisions and FWRC Chapter 19.15 Permits and Review Processes as outlined in Section II above be recommended for approval to the City Council. 1. Amendments as set forth in Exhibit A, to FWRC 18.05.080, Application Cancelation 2. Amendments as set forth in Exhibit B, to FWRC 18.30.260, Short Plat Duration Approval 3. Amendments as set forth in Exhibit C to FWRC 18.05.090, Lapse of Approval- Time Extension 4. Amendments as set forth in Exhibit D, to FWRC 18.30.270, Effect - Time Extension 5. Amendments as set forth in Exhibit E, to FWRC 18.35.220, Duration of Approval 6. Amendments as set forth in Exhibit F, to FWRC 19.15.045, Completeness of Applications 7. Amendments as set forth in Exhibit G, to FWRC 19.15.050, Application Cancelation 8. Amendments as set forth in Exhibit H, to FWRC 19.15.075, Final Decisions and Effect of the Decision 9. Amendments as set forth in Exhibit [, to FWRC 19. 15.100, Lapse of Approval- Generally 10. Amendments as set forth in Exhibit J, to FWRC 19.15.110, Lapse of Approval- Time Extension 1 L Amendments as set forth in Exhibit K, to FWRC 19.65.110, Effect of the Decision 12. Amendments as set forth in Exhibit L, to FWRC 19.70.160, Final Decisions and Effect of the Decision EXHIBITS Exhibit A, to FWRC 18.05.080, Application Cancelation Exhibit B, to FWRC 18.30.260, Short Plat Duration of Approval Exhibit C, to FWRC 18.05.090, Lapse of Approval- Time Extension Exhibit D, to FWRC 18.30.270, Effect - Time Extension Exhibit E, to FWRC 18.35,220, Duration of Approval Exhibit F, to FWRC 19.15.045, Completeness of Applications Exhibit G, to FWRC 19.15,050, Application Cancelation Exhibit H, to FWRC 19.15.075, Final Decisions and Effect of the Decision Exhibit I, to FWRC 19.15.100, Lapse of Approval- Generally Exhibit J, to FWRC 19.15.110, Lapse of Approval- Time Extension Exhibit K, to FWRC 19.65,110, Effect of the Decision Exhibit L, to FWRC 19.70.160, Final Decisions and Effect of the Decision .;.. Staff Report to the Planning Commission Amendments to Federal Way Revised Code (FWRC) Page 7 09-10 10 17/Doc ID. 50754 Proposed Text Amendments In Relevant Part Submitted to Planning Commission July 22, 2009 EXHIBIT A 'PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 18, "Subdivisions" 18.05.080 "Application Cancelation" (City File No. 09-101017-00-UP) .;.~ Exhibit A (Pr01rides extension to the 180-day timeline) 18.05.080 Application cancellation. IDlf an applicant for a boundary line adjustment, lot line elimination, binding site plan, short subdivision plat, preliminary plat, final plat, alteration of plat, or vacation of subdivision fails to provide additional information to the city within 180 days of being notified by mail that such information is requested, the application shall be deemed null and void and the city shall have no duty to process, review, or issue any decision with respect to such an application. (2) Extension request No less than 30 days prior to the lapse of the 180-day notification by the city under FWRC 18.05.080(1), the applicant for a short pla~ bindine site plan, or preliminary plat application(s) may submit a written request in the form of a letter with supportine evidence to the department requestine an extension of the 180-day time limits and documentine the followine: (a) That circumstances beyond the applicant's control prevent compliance with the time limits of FWRC 18.05.080(1 ); (b) That the applicant is makine substantial proeress in respondine to the request for information so that review of the application can be furthered when that information is submitted; and (c) The number of additional calendar days necessary to provide the requested information. (3) Review process. A request for an extension to the 180-day time limit will be reviewed and decided upon bv the director based on responses to criteria in FWRC 18.05.080(2). (4) Retroactive applicabilitv. Administrative extension to the 180-day time limit shall be retroactive to those valid bindine site plan, short subdivision, and preliminary plat applications currently under review. (Ord No, 07-554, 9 S(Exh, A(2)), 5-15-D7; Ord, No, 00-375, 9 5, 1O-3-D0, Code 2001 ~ 20-22.) ..;.ii" 09-101017 Doc, ID 50755 EXHIBIT B PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 18, "Subdivisions" 18.30.260 "Effect - Short plat duration approval" (City File No. 09-101017-00-UP) 09.101017 Doc, I.D 50755 Exhibit B (Short plat approval would be valid for 5 years) 18.30.260 Effect - Short plat dDuration approval. (I) Short plat approval shall expire eRe five year~ from the date of the director of community development services approvaL Said approval shall constitute acceptance of short subdivision layout and design and shall include all conditions, restrictions, and other requirements required by the director of community development services as part of short subdivision approvaL City approval of a short subdivision shall not constitute approval for land clearing or grading, vegetation removal, or any other activities which otherwise require pennits from the city. (2) Prior to construction of improvements pursuant to short plat approval, engineering drawings for public improvements shall be submitted for review and approval to the department of public works, Lakehaven utility district, and city of Tacoma public utilities department No pennits to begin construction or site work shall be granted until final approval of all utility plans, including storm drainage; the payment of all pertinent fees; and the submittal of perfonnance securities as may be required. (Gni No, 07-554, S 5(Exh. A(2)), 5-15-07; Ord, No 97-291, S 3,4-1-97 Code 2001 S 20-106.) 09.101017 Doc 1.0, 50755 EXHIBIT C PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 18, "Subdivisions" 18.05.090 "Lapse of Approval- Time extension" (City File No. 09-101017-00-UP) ~ 09-101017 Doc, tD, 50755 Exhibit C (NEW section for time extension for short plat, BSP, and preliminary plat applications) 18.05.090 Lapse of approval- Time extension (l) Application. No less than 60 days prior to lapse of approval under FWRC 18.30.260 and FWRC 18.35.220, or prior to lapse of approval of any precedinl! time extension I!ranted under this section. the applicant may submit a written request in the form of a letter with supportinl! documentation to the department of community development services requestinl! extension of those time limits of up to two years. (2) Criteria. An extension request shall satisfy the followinl! criteria to be approved: (a) Except for the first request for time extension. the applicant has made substantial prOl!ress to complete the pla~ (b) There are circumstances beyond the applicant's control which prevent compliance with the time limits of FWRC 18.30.260. 18.35.220. or any previously l!ranted extension; (c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance., contribute to erosion and sedimentation problems; or impact the public health. safety. and welfare; and (d) Whether either physical conditions in the vicinity ofthe plat or codes and requirements of the city. applicable al!encies, and utili tv providers have chanl!ed to such a dC1!ree since initial approval that it would be contrary to the public interest to extend the life of the plat. includinl! but not limited to such factors as: i. Whether the adoption of new codes and/or standards would substantially affect project layout and storm drainal!e desil!n; ii. The adequacy of mitil!ation and/or impact fees to address the cost of mitil!ation at the end of the expiration period; iii. Whether the delayed project is an impediment to other development projects in the vicinity as a result of traffic concurrency reserved capacity. The director may condition the extension request to satisfy criteria (c) and (d) as appropriate. In order to demonstrate compliance with the criteria of FWRC 18.05.090(2), the applicant may also provide pertinent documentation of financial backinl!. lease acceptance. or other such commitments secured by the developer and/or al!ent as well as applicable proiect timelines with milestones and dates of anticipated completion. (3) Fee. The applicant shall include with the letter of request the hourly fee as established by the city. The request will not be accepted unless it is accompanied by the required hourly fee. (4) Review process. Each request for extension will be reviewed and decided upon by the director of community development services who may l!rant UP to a two-year extension(s) of approval. (5) Appeals. Any person al!l!rieved by the l!rantinl! or denyinl! of a request for a time extension under this section may appeal that decision. The appellant must file a letter of appeal indicatinl! how this decision affects the appellant's property and presentinl! any relevant material or information supportinl! the appellant's contention. The appeal will be heard and decided upon usinl! the appeal process described in FWRC 18.30.140 et seq. Any short plat time limit. pursuant to Chapter 36.708 RCW. upon the city's processinl! and decision upon applications under this title may. except as otherwise specifically stated in this title. be modified by a written al!reement between the applicant and the director of community development services. (6) Retroactive app/icabilitv. The provisions of this section shall be retroactive to active and valid short plat, bindinl! site plan. and preliminary plat applications. s 09.101017 Doc, W 50755 EXHIBIT D PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 18, "Subdivisions" 18.30.270 "Effect - Time extension" (City File No. 09-101017-00-UP) s 09.101017 Doc, LD, 50755 Exhibit D (Moved to 18.05.090) 18.30.270 Effect Time extension. (1) No less than 30 days prior to lapse of apprm'alnnder F'NRC 18.30.260, the applicant may submit a vtritten application in the form of a letter vlith supporting documentation to the department of corrununity developmeHt services requesting a one time extension of those limits of up to one year. (2) The applicant shall include, with the letter of request, the fee as established by the city and reasons f{)f said request. The application will oot be accepted lHlless it is accompanied by the required fee. (3) The director of eOmmll:mty development services may grant a one year extension of short s1:lbdivisioa apprO'/al with an expiration date and no further opportunity f-or extension. (1) The request must demonstrate that the applicant is making substantial progress on the appro'lal and conditions of apprO'.'al, and that there are circumstances beyond the applicant's control which prevent compliance ,'lith the time limits of FWRC 18.30.260. (5) ,Any person aggrieved by the granting or denying of a request f-or a time extension under this section may appeal that decision. The appellant mHSt file a letter of appeal indicating how this decision aff-octs the appellant's property and presenting any releyant material or information supporting the appellaat's contention. The appeal ',viII be heard and decided upon using the appeal proce".>S descnbed in FWRC 18.30.110 at seq. Any time limit, pursuant to Chapter 36.70B RCW, upon the city's processing and decision upon applications under this title may, except as otherwise specifically stat-ed in this title, be modified by a written agreement bet'NeeD the applicant and the director of community development servICes. (Ord No. 07 551, 3 5(Ex.1._ A(2)), 5 15 07; (xd. No, 97 291, ~ 3, 1 1 97. Code 200 1 ~ 20 107.) '" 09-101011 Doc,l.D. 50755 EXHIBIT E PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 18, "Subdivisions" 18.35.220 "Duration of approval" (City File No. 09-101017-00-UP) ,,10> 09.101017 Doc, tD, 50755 Exhibit E (from Preliminary plat; most moved to 18.05.090) 18.35.220 Duration of approval. Preliminary plat approval shall expire five years from the date of city council approval, unless the applicant requests an extension as provided in FWRC 18.05.090. from the hearing examiner. The request for extension II1USt be submitted to the department of cOllHllunity development services at least 60 days prior to the expiration date of the preliminary plat. The department of community development services shall schedule and advertise a public hearing in accordance with FWRC 18.35.100. In considering v,'hether t-o grant the extension, the hearing examiner shall consider the follo',ving in the public hearing: (1) Whether substantial progress has been made toward completion of the entire plat, or the initial phase of the plat, if the preliminary appnYlal included phasing. (2) Whether conditions in the yicinity of the subdiyision have changed to a sufficient degree since initial appro';al to ',varrant recoooideration of the preliminary plat The hearing examiner may grant a one year extension of preliminary plat approval or mayallo'N division of the plat into separate phases, each with an expiration date and no further opportwlity for extension. (Ord No, 07-554, ~ 5(Exh. A(2)), 5-15-07; Ord_ No. 97-291, ~ 3,4-1-97; Ord, No. 9041, 9 1(16.120.10 - 16.120.50), 2-27 -90. Code 2001 9 20-l3 L) ....~ 09.101017 Doc. I.D, 50755 Exhibit F (Defines use process vesting) 19.15.045 Completeness of applications. (1) Within 28 calendar days of receiving an application, the city shall determine whether the application is complete, with reference to PWRC 19.15.040. Prior to the 28-day deadline, a letter of completeness shall be issued indicatin2 the date the application is deemed complete, if the city deems the application to be complete, or, if the city determines the application to be incomplete, the city shall notify the applicant of what needs to be submitted for a complete application. In this written determination, the city shall also identify, to the extent known to the city, the other agencies oflocal, state, or federal government that may have jurisdiction over some aspect of the proposed development activity. An application may be deemed complete under this section eyeR if the city does Rot pr<Ylide a written determination to the applicant as required. (2) If an application was found incomplete and an applicant submits additional information, the city shall notify the applicant in writin2 within 14 days the date '/mether the application is deemed complete or whether further additional information is necessary. (3) Additional information. A determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the letter of completeness or subsequently, if new information is required or if there are substantial changes in the proposed action. (4) Vestinf!. A proposed Use Process I, II, Ill, or IV application shall vest to and be considered under the zonine code and other land use control ordinances, in effect on the land at the time a fullv completed application for Use Process I, II, III, or IV has been submitted to the city. In the event that the city requests supplemental or specific information to find an application complete, the Use Process I, II, III, or IV application shall vest to those codes in effect on the date that all requested supplemental or specific information is submitted. A complete application shall be defined as set forth in FWRC 19.15.040 and based on requirements in related handouts. Vested dehts shall not be waivable pursuant to the Vested Riehts Doctrine. (Ord. No, 09-594, 9 19, 1-6-09, Code 200 I 922-335-) ..1< 09.101017 Doc, LD, 50756 EXHIBIT F PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes" 19.15.045 "Completeness of applications" (City File No. 09-101017-00-UP) EXHIBIT G PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes" 19.15.050 "Application cancellation" (City File No. 09-101017-00-UP) ,i< 09.101017 Doc_ I.D, 50756 Exhibit G (Provides extension to the ISO-day timeline) 19.15.050 Application cancellation. ruff an applicant fails to provide additional information to the city within 180 days of being notified by mail that such information is requested, the application shall be deemed null and void and the city shaH have no duty to process, review, or issue any decisions with respect to such an application. (2) Extension request No less than 30 days prior to the lapse of the 180-day notification by the city under FWRC 19.15.050(1). the applicant may submit a written request in the form of a letter with supportint! evidence to the department requestint! an extension of the time limits and documents the followint!: (a) That circumstances beyond the applicant's control prevent compliance with the time limits of FWRC 19.15.050(1); (b) That the applicant is makint! substantial proeress in respondint! to the request for information so that review of the application can be furthered when that information is submitted; and (c) The number of additional calendar days necessary to provide the requested information. (3) Review process. A request for an extension to the 180-day time limit will be reviewed and decided upon by the director based on responses to criteria in FWRC 19.15.050(2). (4) Retroactive applicahilitv. Administrative extension to the 180-day time limit shall be retroactive to those valid Process I, II. III. or IV applications currently under review. (Ord. No. 97-291, ~ 3,4-1-97, Code 2001922-34.) .;."li' 09-101017 Doc. tD 50756 EXHIBIT H PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes" 19.15.075 "Final decisions and effect of the decision" (City File No. 09-101017-00-UP) ,'X 09.101017 Doc W. 50756 Exhibit H (NEWSECTION combining "Final decisions and effect of the decision" and moving it from Process 1II and N sections to section 19,15 - Use process overview) 19.15.075 Final decisions and effect of the decision Upon a decision becomin2 final. the applicant mav enj!a2e in activity based on the decision. provided applicable permits have been approved. (a) Director. Decisions of the Director of Community Development Services become final subiect to the followin2: (1) If a written notice of appeal is received within the appeal period. the decision shall not become final until the appeal process is complete and the city issues a final decision. (2) If no appeal is submitted within the 14-calendar-dav appeal period, the decision shall become final on the first calendar day followin2 the expiration of the appeal period. (b) Hearing Examiner. If a decision of the hearin2 examiner is the final decision of the city. it may be reviewed under FWRC 19.70.260. Where the hearinl! examiner's decision is not the final decision of the city. the decision may be appealed under FWRC 19.70.170 and is subject to subsection (2) of this section. (l) Agencv decision appeals. The decision bv the hearin2 examiner on an aj!encv decision appeal is the final decision of the city. except where the proposed project involves: i. An approval. other than a site plan approval. involvin2 a school (FWRC 19.195.100). a community recreation area (FWRC 19.195.120). a j!overnment facility (FWRC 19.195.150). a public utility (FWRC 19.195.140). or a public park (FWRC 19.195.160) located in an SE (suburban estates). RS (sin21e-family residential). or RM (multifamily) zone; or ii. A site plan approval for a public utility located in a BN (nei2hborhood business). llC (community business). or OP (office park) zone. iii. SEPA appeals under FWRC Titles 14 and 15. (2) Other cases. [n cases not subject to subsection (l) of this section. decisions of the hearin2 examiner become final: i. If no appeal ofthe hearin2: examiner's decision is submitted within the appeal period. on the first calendar day followin2 the expiration of the 14-calendar-dav appeal period; ii. If a written notice of appeal of the hearin2: examiner's decision is received within the appeal period. when the city issues a final decision after the appeal process is completp ,-'it 09-101017 Doc, I.D, 50756 EXHIBIT I PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes" 19.15.100 "Lapse of approval - Generally" (City File No. 09-101017-00-UP) .." 09.101017 Doc, I.D, 50756 Exhibit I (Establishes the time that Use Process I, II, III, and [V applications are valid) 19.15.100 Lapse of approval- Generally. (t) Use Process L The applicant must substantially complete construction for the development activity. use of land. or other actions approved and complete the applicable conditions listed in the Process I decision within one year after the final decision of the city on the matter. or the decision becomes void. If a land use petition is filed under Chapter 36.70C RCW in ({jn2 County superior court. the time limits of this section are automatically extended by the len2th of time between the commencement and final termination of that Iiti2ation. (2) Use Process II. Ill. and IV. f.n applicant must begin construction or submit to the city a complete buildin.g permit application for the developmen.t activity, HSe of land or other actions within. one year after the final decision approving the matter, or the decision becomes void. The applicant must substantially comp lete construction for the development activity, use of land, or other actions approved and comp lete the applicable conditions listed in the Use Process II. III. and IV decision within five years after the final decision of the city on the matter, or the decision becomes void If a land use petition is filed under Chapter 36.7OC RCW in King County superior court, the time limits of this section are automatically extended by the length of time between the commencement and final termination of that litigation. If the development activity, use of land, or other action approved under this chapter includes phased construction, the time limits of this section may be extended in the decision on the application,. to allow for completion of subsequent phases. (Ord No. 09-594, ~ 23,1-6-09. Code 2001 ~ 22-39.) ..~ {)9. 1010 17 Doc, In, 50756 EXHIBIT J PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processesn 19.15.110 "Lapse of approval- Time extension" (City File No. 09-101017-00-UP) s 09-101017 Doc, tD, 50756 Exhibit J (Time extension for Use Process applications) 19.15.110 Lapse of approval- Time extension. (1) Application. No less than 30 days PPrior to the lapse of approval under FWRC 19.15.100 for substantially completint! construction or prior to lapse of approval for any proceedint! time extension t!ranted under this section, the;--an applicant may submit a written application request in the form of a letter with supporting documentation to the department requesting a one time extension of those time limits of up to two years. one year. (2) Criteria. The request must demonstrate that the applicant is making substantial progress on the de'.relopment acti~lity, use of land, or other actions approved nnder this chapter and that circumstances bCy'Ond tho applicant's control prevent compliance with the time limits of P'VRC 19.15.100; An extension request shall satisfvthe followinl! criteria to be approved: (a) Except for the first request for time extension, the applicant has made substantial prOl!ress to complete the project; (b) There are circumstances beyond the applicant's control which prevent compliance with the time limits of FWRC 19.15.100, or any previouslv l!ranted extension; (c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance. contribute to erosion and sedimentation problems, or impact the public health, safety and welfare; and (d) Whether either physical conditions in the vicinity of the plat or codes and requirements of the city, applicable al!encies, and utility providers have chanl!ed to such a det!ree since initial approval that it would be contrary to the public interest to extend the life of the plat, includint! but not limited to such factors as: i. Whether the adoption of new codes/standards would substantially affect project lavout and storm drainal!e desil!n; ii. The adeQuacv of mitit!ation and/or impact fees to address the cost of mitil!ation at the end of the expiration period; iii. Whether the delayed project is an impediment to other development projects in the vicinity as a result of traffic concurrency reserved capacity. The director may condition the extension request tosatisfv criteria (c) and (d) as appropriate. In order to demonstrate compliance with the criteria of FWRC 19.15.110(2), the applicant may also provide pertinent documentation of financial backint!, lease acceptance., or other such commitments secured by the developer and/or al!ent as well as applicable project timelines with milestones and dates of anticipated completion. (3) Fee. The applicant shall include, with the letter of request, the hourlv fee as established by the city. The application request will not be accepted unless it is accompanied by the required hourly fee. (4) Review process and time/ine. Aft Each req uest application for a time extension will be administratively reviewed and decided upon by the director who may frant up to a one-year extension of time to substantially complete construction and complete applicable conditions of approval for approved Use Process I application(s) after final decision and may I!rant UP to a two-year extension of time to substantially complete construction and complete applicable conditions of approval for approved Use Process II, III, or IV application(s). (5) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension under this section may appeal that decision as provided in FWRC 19.65.120. TheappeUant must file a letter of appeal indicating how the decision on the time extension affects the appellant's property and presenting any relevant material or information supporting the appellant's contention. The appeal will be heard and decided upon using process [v. Pursuant to Chapter 36.70B RCW, any time limit upon the city's processing and decision upon applications under this title may, except as otherwise specifically stated in this title, be modified by a written agreement between the applicant and the director. (6) Retroactive afJp/icabilitv. Extensions approved under this section shall be retroactive only for those active and valid Use Process I, II, III, or IV applications. (Onl No. 09-594, ~ 24, 1-6-09. Code 2001 ~ 22-40_) ....~ 09.101011 Doc l.D, 50756 EXHIBIT K PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes" 19.65.110 "Effect of the decision" (City File No. 09-IOIOI7-00-UP) " 09.101017 Doc, I,D, 50756 Exhibit K (Move this section to 19.15 and combine with Process [V language) 19.a5.11O Effect of the decision. Upon a deci:iion becoming final, the applicant may engage in activity based on the deci:iion, proyided applicable permits ha'.'e been approved. Deci:iions become final subject to the following: (1) If a vmtten notice of appeal i:i recei'led within the appeal period, the decision shall not become final until the appeal process is complete and the city issues a [mal deci:iion. (2) If no appeal i:i submitted 'Nithin the 11 calendar day appeal period, the deci:iion shall become final on the fu:st calendar day following the expiration of the appeal period. ~. 09-101017 Doc. I.D, 50756 EXHIBIT L PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes" 19.70.165 "Final decisions and effect of the decision" (City File No. 09-101017-00-UP) ,- 09.\01017 Doc I.D 50756 Exhibit L (Move this section to 19.15 and combine with UP language) 19.70.160 Final decisions and effect of the decision. Upon a decision becoming final, the applicant may engage in acti-.'ity based on the decision, pro'.1ided applicable permits ha'/e been approyed if a decision of the hearing examiner is the final decision of the city, it may be review-ed under FWRC 19.70.260. Where tho hearing examiner's decision is not the final decisioo of the city, the decision may be appealed under F\VRC 19.70.170 and is subject to subsection (2) of this section. (I) Agency decision appeals. The decision by the hearing examiner on an agency decision appeal is the final decision of the city, except where the proposed project invoh-es: (a) An appro-.'al, other than a site plan approval, involving a school (FWRC 19.195.(00), a cotnml:illity recreation area (FWRC 19.195.(20), a government fa-cility (FWRC 19.195.(50), a public utility (FWRC 19.195.110), or a public park (FWRC 19.195.(60) located in a SE (suburban estates), RS (single family residential), or RM: (mukifamily) zone; or (b) /\ site plan approval for a public utility located in a BN (neighborhood business), BC (COIllfllliRity business), or OP (office park) zone. (c) SEPA appeals under FWRC Titles Ii and 15. (2) Other cases. In cases not subject to subsection (1) of this section, decisiot15 of the hearing examiner become final: (a) If no appeal ofthc hearing examiner's decision is submitted within the appeal period, on the first calendar day follo.,....ing the expiration of the 11 calendar day appeal period; (b) Ifa written notice of appeal Ofth;3 hearing examiner's decision is recei',-ed within the appeal period, when the city issues a [mal decision after the appeal process is complete. (Oni No, 09-594, ~ 92, 1-6-09; Ord. No. 07-573, ~ 26, 12-4-07; Ord. No. 00-375, Ii 15, 10-3-00; Ord, No, 97 -291, Ii 3,4-1-97; Ord. No. 92-133, ~ 3(150.70),4-21-92; Ord No. 90-43, Ii 2(150,70),2-27-90, Code 2001 ~ 22-446,) -~ 09.101017 Doc, I.D, 50756 Attachment 3 - Draft Minutes of the July 22, 2009 Planning Commission Public Hearing CITY OF FEDERAL WAY PLANNING COMMISSION July 22, 2009 7:00 p.m City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, and Tim O'Neil. Commissioners absent: Sarady Long (excused). Staff present: Senior Planner Margaret Clark, Senior Planner Deb Barker, Planning Manager Isaac Con1en, Public Works Deputy Director Ken Miller, Assistant City Attorney Amy Jo Pearsall, and Administrative Assistant Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m APPROVALOF~ES The minutes of July 1, 2009, were approved as written. AUDIENCE COMMENT None ADMINISTRATIVE REpORT Ms. Piety announced that the next Planning Commission meeting will be September 16, 2009 . We will have public hearings on two proposed code amendments. COMMISSION BUSINESS PUBLIC HEARING - Plat & Land Use Application Time Limit Extensions and Vesting Clarification Ms. Barker delivered the staff presentation. The intent of the proposed code amendments is to provide flexibility in city review processes and timelines. The proposed amendments will allow more time to submit information before an application is canceled; will allow more time to complete an approved application as long as the applicant meets the criteria; and will give a consistent and early vesting time for applications. A draft of the proposed amendments was given to the stakeholders group and three responses were received. Lakehaven Utility District and ESM stated they approved of the proposed amendments. Sam Pace of the Seattle King County Realtors sent a letter (attached) that was forwarded to the Commissioners. His main concern was with the short plat timeline (he recommended seven years). Ms. Baker spoke to him about this issue and he stated he did not have an opportunity to read the staff report before preparing his letter. She explained to him that the proposed amendments increased the construction period to five years and allows for two year extensions. Ms. Barker believes the proposed amendments address his concern about the timing of projects. The proposed amendments will increase the time limit to five years and will allow two year extensions as long as the criteria are met Public Comment Wayne Snoey, Covington resident, Federal Way landowner, member Covington City Council- He supports the spirit of the proposed amendments. He stated that the residential and commercial real estate industries are in terrible shape. It is very difficult for developers to obtain funding, so K:\PIanningCommission\2OO9\Meeting Summaxy 07.22.09,doc Planning Commission Minutes Page 2 July 22, 2009 extending the time limits will help by giving them more time to obtain funding. The real economic stimulus will happen at the local level, as with the proposed amendments. Garrett Huffman, Master Builders Association (MEA) - He stated this is excellent work. He passed out three handouts. The first is a table showing what other jurisdictions are doing and/or proposing for time extensions. He stated he has meet with staff on this issue. He commented that we may lose half the builders in this region because they are unable to obtain funding due to the economy. Extensions will be a great help. The other two handouts deal with the law. On page 8 of the 10 page handout, he has bolded some information regarding vesting. It states in part that a local government, "... may not cause vesting of application to be contingent on future events or decisions...." He feels the proposed vesting amendment (city staff report Exhibit F) allows for this and therefore is illegal and should be deleted. The third handout has case law on the vesting issue. Other than the vesting issue, the MBA supports the proposed amendments. Commissioner Elder asked for the city's legal opinion on the vesting issue. Ms. Pearsall replied that the legal department reviewed the staff's proposal and feel it is legal. The language clarifies that vesting will occur when the application is complete and is not contingent on future events or decisions. The language says that if information is missing and thereby the application is incomplete, the city will request that information and will wait until the missing information is submitted before declaring the application complete. Once the decision is made that the application is complete, then it is vested. Commissioner O'Neal asked Mr. Huffman what he feels is onerous about the proposed vesting. Mr. Huffman replied he is concerned that the city could request additional information or studies that are not on the list of what must be submitted with the application and the city would say the project is not vested until it is all approved. The application should be vested when it is submitted and the city cannot legally require additional studies before vesting the project. Ms. Pearsall commented that the proposed language states that vesting will occur with submission of a complete application, and the code lists what constitutes a complete application. Mr. Huffman responded that just because it is in the code does not necessarily mean it is legal. Commissioner O'Neal asked if a limit is proposed for how many extensions an applicant may request. Ms. Barker replied there is no limit to the number of extensions an applicant may request as long as they meet the criteria. Commissioner Medhurst commented that the proposed amendment make common sense. He asked staff whether there was anything in the proposed amendments they may want to change once the economy improves. Ms. Baker replied that staff considered a sunset clause, but they agree the proposed amendments make common sense and decided not to place a sunset clause. Mr. Miller commented that short plats tend to be infill and the city has received complaints from neighbors about properties where work has been started, but nothing has been done for years. It is for this reason staff that included the criteria that substantial progress be shown if an applicant is seeking a second extension. Commissioner Carlson commented that staff has done a good job with these proposed amendments. He does have a concern. A project is not vested until the application is deemed complete, which could include a number of reports. He understands that city staff will need to review the reports to insure they contain the appropriate information, but he is concerned that staff could hold up the process because of a disagreement with the preparer of a report over a specific piece of information within a report. He requested that staff add language along the lines of stating that reports need only to meet the professional "standard of care." Commissioner Bronson agreed. Commissioner Bronson asked why Use Process 1 is not included with the proposed amendments. Ms. Barker replied that given the types of projects that are assigned to a Use Process I, staff does not foresee any such K:\PlanningCommission\2OO!l\Meeting Summary 07-22-09.doc Planning Commission Minutes Page 3 July 22, 2009 project needing an extension. They are less complex, minor land use decisions and very few Use Process I projects need more than a few weeks to complete and many need only a few days. Commissioner Bronson asked if there is an appeal process if the requirements for a complete application appear onerous to the applicant He is concerned that a technical argument between staff and an engineer could delay an application being deemed complete and thereby would delay vesting. Ms. Barker replied that she is not aware of an appeal process because there has not been an issued decision. At such times, a concerned applicant will speak with the department director. It is not a formal appeal with fees and paperwork, but that is an option for them to take their concerns higher. Mr. Bronson commented this is a concern for him because he is currently involved with a project with the federal government that is delayed because of a technical argument between two professionals. There needs to be some mechanism that can be used to move the process along. Commissioner O'Neil asked to clarify whether the discussion is about vesting. Commissioner Bronson replied he is talking about getting to the point of vesting. If a government professional and an outside professional are involved in an argument there is no way to go around that arbitrary behavior. Mr. Conlen commented that Deb is correct Typically at the start of the process there is not a point for an appeal other than an informal discussion between the applicant and the planner's supervisor or department director. However, typically within 28 days of the application being submitted, the city is required to issue a decision as to whether or not the application is complete. The city will issue a letter and that is a decision that could be appealed. So there is a chance to appeal. Commissioner Carlson moved (and it was seconded) to recommend the City Council adopt the proposed amendments as presented by staff. The motion passed unanimously. The public hearing was closed. ADDITIONAL BUSINESS Mr. Conlen informed the Commission of the status of the Shoreline Master Program (SMP). Staff had been waiting for comments from the state Department of Ecology and has received them. Staff is now editing the SMP in light of these comments and plan to bring it back to the Planning Commission in September or October. AUDIENCE COMMENT Wayne Snoey, Covington resident, Federal Way landowner, member Covington City Counci/- He thanked the Commission for their work on the proposed amendments. ADJOURN The meeting was adjourned at 8:00 p.m. K:\P1anning Commission\2OO91Meeting SummaI}' 07-22-09.doc . REALTOR4D SeattleIUng County REALTORS@ 12410 SE 32nd Street, Suite 100, Bellevue, W A 98005 (425) 974-1011 . TF: (800) 540-3277 . Fax: 425-974-1032 TO: City of Federal Way Planning Commission Chairman Merle Pfeifer & Commissioners Hope Elder (Vice Chair), Lawson Bronson, Wayne Carlson, Tom Medhurst, Sarady Long and Tim O'Neil, DELIVERY: c/o: Margaret Clark, Senior Planner, (253) 835-2646, mart!aret.clark~citvoffederalwav.com Tina Piety, Administrative Assistant II, (253) 835-2601 tina.pietv~citvoffederalway.com Deb Barker, Senior Planner; and deb.barker~citvoffederalway.com FROM: Sam Pace, Housing Specialist, SeattleKing County REAL TORS@ DATE: July 20, 2009 RE: Plat and Land Use Application and Permit Time Limit Extensions Dear Chairman Pfeifer and Members of the Planning Commission: My name is Sam Pace_ I'm a Housing Specialist with the Seattle-King County Association of REAL TORS@ and I'm writing to you on behalf of our 7,500+ members. I will be unable to attend the July 22nd Planning Commission meeting to testifY at the Commission's Public Hearing on Plat and Land Use Application and Permit Time Limit Extensions. I'm out-of-town on vacation with my family, but this issue of such importance I thought it necessary to provide you written comments on the subject. I request that these be made a part of the Public Hearing Record_ I provided similar written comments to the City Council back in March 2009. Since that time, several other cities, as well as the King County Council, have already enacted extension ordinances. I want to share with you our Association's support for (and underscore the importance of) the City adopting a Local Economic Stimulus plan. One key piece of such a stimulus plan that we request the City adopt is Extending the life of plat and land use applications and permits (and eSlJeciallv "short plats") including those that were in the City's permitting pipeline on or after January 1,2008. We recommend extending the life of short plats to seven years, (or at least to five years plus annual one-year extensions after the fifth year, similar to the way the City currently treats subdivisions and building permits). Seven years, like the King County Council adopted (retroactive to 2004) is the preferred approach As you know, consistent with existing state law, the City allows 9-10t short plats, and deserves credit and recognition for doing so. In addition, the City allows permits for subdivisions and buildings to be valid for five years, plus annual renewals beyond the fifth year. The City's deserves credit for this approach as welL It is appropriate for the City to provide time frames for the validity of short plats that are similar to those the City provides for subdivisions and building permits. We recommend seven years. TO: DELIVERY: FROM: DATE: RE: PAGE: Chairman Merle Pfeifer and' Members ~f the Federal Way Planning Commission c/o Margaret Clark. Tina Piety and Deb Barker Sam Pate, Housing Specialist, SeattleKing County REAL TORS@ July 20, 2009 Plat and Land Use Applieation and Permit Time Limit Extensi~ns Zof3 As you also know, the construction of homes and plats is stalled due to the national (and world) fmancial crisis that is dramatically constricting access to the capital needed to complete construction of plats and homes. That financial crisis is not the fault of local builders/property owners who fmd themselves in the position of unintended victims (like so many other small to medium-sized businesses in our local communities). It is important that the City extend the life of those plats (and especially "short plats") and permits, rather than allowing them to expire. Allowing them to expire, and requiring builders to re-do, re-submit, and re-pay for work that has already been done, and already submitted to the City: . Increases the Costs of Housing . Hurts Housing Affordability for working families . Places homebuilders (and the jobs they provide for local workers) in greater peril. Some observers of the industry indicate that perhaps as many as half the firms may not be able to survi ve the current fmancial crisis. . Allowing the permits/applications to expire alsohas the potential to divert City resources for review of other projects - such as construction the Council wants to see happen Downtown - to redo staff work on residential projects once the market begins to recover; and . All of that, in-turn, delays the City's receipt of sales tax on "sticks and bricks" used in construction of plats and homes, as well as REET revenues the City receives when the lots and homes sell. Additionally, viewing this situation from a "macro economics" perspective, I anticipate that when credit markets start to recover and builders once again have access to capital, we're going to see a continued constraint on housing supply (relative to the pent-up demand for homes) that will artificially increase housing prices above more normal market levels. While it may seem counter-intuitive given current inventory levels, this imbalance between supply and pent-up demand will be the result of the "lag time" between the remaining/surviving builders regaining access to credit for working capital, and the time it takes to complete construction ofthe plats and homes. Importantly, and unfortunately, there are likely to be far fewer builders available to meet that demand, resulting in longer lag times and higher price mcreases. Depending upon the number of construction firms that go under, I anticipate this will happen for a period of about 6 to 18 months while the construction industry once again begins building homes that, when fmished, will be sold to the families of local workers. It's important for the City to do its small part to help avoid unnecessarily exacerbating that imbalance between supply and pent-up demand when the market starts to recover. Extending the life of plats (and especially "short plats" which currently receive disparate treatment) is an important contribution the City can make to help mitigate this problem. Making the extensions retroactive for projects that were in the City's pipeline on or after January 1, 2008, (or even 2007, when many construction firms began to experience the lenders' constricting access to working capital) will help to mitigate the damage being done, and avoid future damage. TO: DELIVERY: FROM: DATE: RE: PAGE: Cbairman Merle Pfeifer and' Members of tbe Federal Way Planning Commission c/o Margaret Clark, Tina Piety and Deb Barker Sam Pace, Housing Specialist, SeattleKing County REAL TORS@ July 20, 2009 Plat and Land Use Application and Permit Time Limit Extensions 20f3 A very recent study by a number of noted economists and researchers in our state found that Housing (both directly and indirectly) accounts for approximately 20% of the State's GDP and 24% of the payroll in Washington State. Additionally, each 1,000 home sales result in 935 jobs, $37.5 million in wages and $126 million in economic activity. It's an important economic driver for our economy. Thank you in advance for your consideration. Sincerely, SEA ITLEKlNG COUNTY REAL TORS@ ~PAa Sam Pace, Housing Specialist cc: David Crowell SKCAR Governmental Affairs Committee COUNCIL MEETING DATE: September 1, 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendments to Federal Way Revised Code (FWRC) Title 19.15.045 "Completeness of applications" regarding vesting for use process applications. POLICY QUESTION: Should the City approve amendments to Title 19. 15.045 "Completeness of applications" regarding vesting of use process applications? COMMITTEE: Land Use/Transportation Committee (LUTe) CATEGORY: o Consent ~ o City Council Business D STAFF REpORT By: Senior Plarmer Deb Barker MEETING DATE: August 3, 2009 Ordinance Resolution D Public Hearing o Other m___.m!>._J!:!,!:_g~~~~itxI?~Y~!Q~~~p.!.~~~~____ Background: The proposed amendment addresses a request to amend zoning regulations in order to provide consistency in vesting standards. The amendment provisions specifically target the vesting of Use Process I, II, III, and IV applications, which presently vest to codes in effect at the time of a land use decision. The amendment will allow Process I, II, III, and IV applications to vest and be subject to codes in effect at the time the Use Process I, II, III, or IV application is determined to be complete. The Planning Commission conducted a public hearing on July 22, 2009, and recommended that the City Council approve the proposed amendment as recommended by staff The Plarming Commission recommendation is included in the adoption ordinance. Attachments: (I) Draft Adoption Ordinance for FWRC Title 19.15.045 "Completeness of applications" which contains the proposed amendments as recommended by the Planning Commission amending FWRC 19.15.045; (2) Staff Report to the Planning Commission for the July 22, 2009, Public Hearm'g with Exhibits A through L, and (3) Draft Minutes of the July 22, 2009, Planning Commission Public Hearing. Options Considered: (I) Adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance; (2) Adopt the Planning Commission's recommendation as modified by the LUTC; or (3) Do not adopt the amendment STA.FF RECOMMENDATION: Staff recommends that the Council approve Option #1; adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance. CITY MA1~AGER ApPROVAL: ~ Committee i>,\rI~1\')'\\ ~ DIRECTOR ApPROVAL: Council 5C- Committee ~ Council COMMITTEE RECOMMENDATION: Forward Option #1; adopt the Planning Commission's recommendation_as contained in the Draft Adoption Ordinance to full Council on September 1,2009, for first reading.tlS tlrl18ndecf --t-D I vlCLi.,u-te- -li IC prq?06ecl +e';<:-r (UneV01T1€/iLt-, .~~~ Linda Koc ar, Chair ~:~ Dinl Duclos, Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (09/01109): "[ move to forward the ordinance to a second reading for enactment on the September I 5 consent agenda. " 2ND READING OF ORDINANCE (09/15/09): "[ move approval of the LUTC's recommendation to approve the code amendment, which is contained in the Adoption Ordinance. " K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTClagenda bill for Vesting FWRC 19.doc Page I of2 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\agenda bill fOT Vesting FWRC 19.doc Page 2 0f2 Attachment 1 - Draft Adoption Ordinance for FWRC Title 19.15.054 "Completeness of Applications" ORDINANCE NO. 09- AN ORDINANCE of the City of Federal Way, Washington, relating to land use application vesting; amending FWRC 19.15.045. (Amending Ordinance Numbers 09-594 and 90-43) WHEREAS, the City recognizes the need to periodically mo(Uf~\Title 19 of the Federal ..". " ,-,. , 'p" ,. Way Revised Code (FWRC), "Zoning and Development Code,'::~R;9~Qer to conform to state and ,......,. ..............'..,. federal law, codify administrative practices, clarify and;HP~~e zo~ifi~:~~~ulations as deemed ;'::::~:::;:;::~~:" ;;;.;.:.;.' - ";;';'. -<::::;:;:::::::;:-. d.... 'u necessary, and improve the efficiency of the regulill;jorts and the developm~~~:review process; ..-,',-,-,',-.-.-. .-, . . . . . .. .. . "",,,.,,. q and '.~ ...... WHEREAS, this ordinance, containing amendmertt~:::,'t9. development regulations and the '::~;;::-;':""':' text of Title 19 FWRC, has complied withPtgQ~s.s VI review, cl1~P~fLJ9.80 FWRC, pursuant to chapter 19.35 FWRC; and ..... .-.n.... ... ,..':;;.;;:~:;;;;~::;::::;:.;.. - .:;:;::; - -'::{;:;-- -:~>;::~::' WHEREAS, th<;,::~eVefe::'ip:}Vnturn in tli~:local, regional, and national housing markets, ....".. ....'.........'. '-',"," reduced demand fc#:ri':..:~ousiJI~' tightening ~f~9i~. market, and difficulty in obtaining the . . , . . . ;..,.,........... .'..,...,............'........ ....-.. ......... .................. ... .-7................'.' ,...............,'N........,'.......... '.',' "....... .............."......... financing ne~t.~~ltt~:Jp compl~!,!:'~pf8j~bt~ij~y~rgsulted in a situation where developers of new housin&~~hbdivisions::~i~.::EpIl1l'Ii(ft~t~tp~9jects are unable to finalize development proposals or " ""dH". ..,,,,,,, ....u. .-...--- ..... " ....""" ...,."" ...... , .-"."... ......". ..... . . . . , . , . . , . . . . . , . . . . .. . . obtain lan~.~,*.e approval in:~:timely}Inanner which, in the case of commercial projects, may '-'..'-.'-'-'-'-'. .",.., .-:~>::>:: :/::. - :: :;:;:::: :::: ,.,.,.,.,. '.-.-.-.-.-. ......,.,. "-,,. ',..,....".'-',.. ....... .,..."... .-..,....-.-. . - . . , . . . , , . . . , . . .,...."" ..,.. adversely impa.8~'FfRject ves~~9g; and '.:-:.::::::::::::::-, .-,:>:::.' WHEREAS,"V~~~i~g is a term that signifies the point at which a project is guaranteed the codes upon which a project must be designed and processed; and WHEREAS, FWRC Title 19 currently provides for vesting of Process I, II, III, and IV land use applications at the time the land use decision is issued, or alternatively, when a complete building permit application is submitted; and Ordinance No. Rev 3/09 Land Use, Page 1 0[6 K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUfC\ORDINANCE for Vesting FWRC 19.doc WHEREAS, in today's economic climate and dismal development market, a developer may not be financially able to submit a complete building permit application or may be interested in extending review and approval processes in order to have a market for their project, while preserving the code provisions under which the project was designed and developed; and WHEREAS, significant financial impacts to a developer a99Wi6 firi~ncial institutions and . . . . . . . . . . . . . . . . other investors which have provided financing in support 0~~dev~19~went proposal can occur .... n . . , . .. .. . . . . . when code provisions are changed before land use deci~l9h~&(eissued; alid.'...': .-.-.~~- ...,...... ..:-:-~.' "';';';';';';":-;':-. -:.....-. ..'...-............ .,..... .................... WHEREAS, establishing an earlier vesting~4te for la:nd use applicad6~would make "........ ..,....... .... .---... -. ---.-.---.. .. .........-..'..,.... ......,.............-.. ..... Process I, II, III, and IV vesting milestones consisterit,w:jlh~tibdi\rision provisions and would ..........:.v. -: ..,~. So'.-,',-;',-,.. provide the developer with the certai~.X:,J~at code requirem~llts will not change after an .., .. application is determined to be complete; artg ....".....".. -, ........................ .. -:<~~~::::-:-::::::<~><)?:::.;.:-:-...,.. . ,.;.;. ',' WHEREAS, vestin.g:E~gpts would ndt.:::,~:: tonsidef~~tb be waivable, pursuant to the """""""""'" -,.-...-,',-....,.....,...,.,'.-...-,'..,. ..... .. .... 'n .... ,., n' ... 'n n, ... . .... .. .... . ar~categorically exempt from environmental Vested Rights DoctriPi~~'~nd . - -...,. - . - - ,......... ....-. -.-------. .... ..,.."". ".. WHEREAS, the~1iilipos~::W~gijli:1:tions review un.:~6Ftfi@::Stdt~~pyiroriii~tal Poli~~XEt (SEPA) pursuant to WAC 197-11-800(20); and :~pREAS, the.:. stafft~WBrt was electronically forwarded on July 1, 2009, to "::;:;:;:;:;:;:;:;;;.- '::;:;:;:;:;:;:; ,,: stakeholded~i~interested qJt.~zens for review and comment, which resulted in one comment .. 'd-' . "...... ... .......... ..,,, letter submitted bY:~IDP Pa9~:;With the Seattle/King County Realtors; and ..d....,,'. ....,' on the code amendments on July 22, 2009; and forwarded a recommendation of approval to the City Council; and Ordinance No. Rev 3/09 Land Use, Page 2 of6 K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\ORDINANCE for Vesting FWRC 19.doc WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on August 3, 2009, and recommended adoption of the amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, (a) The code amendments are in the b.~~iiuterest of the residents ./,...u...'....... ...... makes the following WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City findings with respect to the proposed amendments. and will U' . . .....,...., "," ......... ". ..... .......... .........'. ....".... ..... .... .......... . .. .. . . . . . .. . . . . . . . . . . . . .......... ............ .......... .. ..... .... benefit the city as a whole by providing consistency wlt~:~qpted sUbdivision proVisions and providing certainty in the developmgq~p, ,...~. rmitting procesg~~l.> .-.......-,,-....,..,'. .......'..,. ';-,':-:'- (b) The code amendments comJl~~itH:'~~pJer 36. 70A.~eW, Growth Management. .--- '._--- .-.-. - .. ." .".",........ ". ..... ....... . . ." .... ,.............. :~: :::' . <: :;:: :_<: :;;;::::::::: :<': ::: :-:' . " '."' ",.. "............. .. ...... .....,.....-. . . . . . . . . . . . . . . . . . . . . . , . . . . . ... --... The code am~mgrnents are co~i,~!~ht wiHi~~~:intent and purpose of Title 19 (c) '......,'.......'................. ......,.......0'.........'.'... . . . . - ..... ........... ..~~ FWRC and will impl~riint andgt,@l:;onsistent with the applicable provisions of the Federal Way Comprehensive Plan. . ...-:.:<.;.;;:.:':<;:~~:;:(.,.:.:.:;~;::::~:;: ,. (d)<:TH~~!B~~~!~me~d~~Pls bear'~::'~ITbstantial relationship to, and will protect and not ,-,','.'.'. ...,-.....'...- .,. ,..... '..d....... ....... ......... ....... ......--... ........ ."....... ",-,.,- ._,-.-... ......... ........ ... .-,-.',.,.,......'. .,....-.'.'..,. '.',' . - . . . , . , . . . , . , . . . . . .......... ....... (e)>:::W:ne code am~i'i~ments have followed the proper procedure required under the FWRC Section 2. Copbfusions. Pursuant to 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: Ordinance No. Rev 3/09 Land Use, Page 3 of6 K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\ORDINANCE tor Vesting FWRC 19.doc (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG2 Develop an efficient and timely development review process based on a public/private partnership. LUP4 Maximize efficiency of the development review pr09~$<: EDP15 The City will continue to implement a streamliij~~'p~rmitting process consistent with state and federal regulationsJ.9fedli~@~he upfront costs of locating businesses in the City. "UP .... _,_". ..<p_ .... ,,"".d. ',','/,' '..... ',-,',-,',--,'.',', EDP18 The City will periodically monitorJqeal and regional trendS:tgp~ able to adjust plans, policies, and programs. .. ...., ... .. ...... .... .. ....... ,. . ......... ............. " ......... . .......... HP9 Maximize efficiency in the City' s deJijl~~m~Hr~~View process ahd ensure that unnecessary time delays and expenses aiei~yPinated. Continue to provide streamlined permittingRr9F~sses for develOpept that is consistent with the FWCP and FWCC, andt)-latp~J;lO adverse inip~9~~. ........ ,p' .....'d....... .-.-,' .-,',-.-.'.-..,.,....'.-.... .'.;.:.' HP 11 Continue to assist develop~t~ withg8U$~$,pr?pogals at the earliest possible opportun~!yf:~n~luding preapp!is#ion meeHp-gifto produce projects that can be revie':Y~cl:qtH~ffllWflnd maximi:?;~their ability to receive permits. (b) Theptbl~f:d FW~~ amendment~p~ar a substantial relationship to the public .. ..... ........... .. .'..... .. health, safety~<en9:w~lfar~b~@t,~~6>t~~~~~~~~W~nd refine various related codes in order to ...............,.......,,,... ...... ..._,_........._,-.-. ..... ... . ..H.n........", .-.-..,-.-.....-.-.-.-.-.-,.,-...-, . ".. -. -,- - .", .......... ,..... "............ .......P. increa~S;~h~ efficiency6~~~~ dev61~~m~n~Jeview process. ......... ........ ,. "..... ........ ... ,-..,...- ....... .", ...... ..., ",.,.',. -..... (c)iThe propose&~~endments are in the best interest of the public and the residents ...-.....-.-.." ...,-...-..... ".".... ...... .......". .... . ...-,.".-,...... ....,-,',. ....,.,..". '-,.'. ..", ,. . .,.... .."..,.., ...... of the City ofF~a~ral Way a,:$they provide for certainty in development review process, which . '" ,.,,,,, " -... "......" '".. ,......." .... ,......- ,., ....."..' ..., .....-.-..,-.-,-,. .',',', .-".-,.., ..., . . . , ' , . . . . - . . , , , . . . . , . . , . . . . . . , - . . , . . - . . . . , ......... ..... results in continued de,y~lolhnent within the City, thus aiding the local economy. Section 3. FWRC 19.15.045 shall be amended to read as follows: 19.15.045 Completeness of applications. (1) Within 28 calendar days of receiving an application, the city shall determine whether the application is complete, with reference to FWRC 19.15.040. Prior to the 28- day deadline, a letter of completeness shall be issued indicatine the date the application is deemed complete. if the city deems the application to be complete, or, if the city Ordinance No. Page 4 of 6 Rev 3/09 Land Use, K:\2009 Code Arnendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LlITC\ORDINANCE for Vesting FWRC 19.doc determines the application to be incomplete, the city shall notify the applicant of what needs to be submitted for a complete application. In this written determination, the city shall also identify, to the extent known to the city, the other agencies of local, state, or federal government that may have jurisdiction over some aspect of the proposed development activity. An application may be deemed complete under this section even if the city does not provide a written determination to the applicant as required. (2) If an application was found incomplete and an applicant submits additional information, the city shall notify the applicant in writin2: with~ij~~days the date 'Nhether the application is deemed complete or whether ~~~eadditional information is necessary..;};;"";;:>:,:.::;;,,.. (3) Additional information. A determination of coIIlR~&ten&~~~h~ll not preclude the city from requesting additional information or studies, ~,ithet,at the iiiij~~i9f the letter of completeness or subsequently, if new informati9P1s:rt:qJired or iflhjf:~are substantial changes in the proposed action.<::? (4) Vestim!. A proposed Use Process I~~~!!I' or IV application shjU:.!~~tto and be considered under the zonin2: code arid ot:h~~~and'I"se.control ordimiites, in effect on the land at the time a fully completed appnc.~~~Dror Use Process I~II, III, or IV has been submitted to the city. .~n the event thatni~citv requests supplemental or specific information to find ana,"p:Ii~ation complete~t...e Use Process I, II, III, or IV application shall vest to those coa~i;l~!f~~ct on the da:t~~a.-tall requested supplemental or specific informati~:"-lssu~tI1,~t!ed. A cofitplete application shall be defined as set forth in FWRC 19.15t~40 allabis~<l.()Il~eauirements in related handouts. Vested~~;~~~~hall not bewaiV:~ble piifsuarti to the Vested Ri2:hts Doctrine. ,). ....'."L .... ,,::-::-::-::-::-::->. >>:.:.::-: -:>:' - <:::::':':<:::',:-;:::::::' -'::'>:>::::\. ::::::::: Section 4. Seveat\HfitY-T~~PfQYlsIons grthis ordinance are declared separate and ":-:-;-:-;'::';';';':,;'>:':-:.;-, '.:.:,:<,-.'.:.:,:. this,pf~~~~nce, or the in~at~gl.jty ofth~rap~lication thereof to any person or circumstance, shall -..;-//,;..:=;-;; 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. Ordinance No. Rev 3/09 Land Use, Page 5 of6 K\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\ORDlNANCE for Vesting FWRC 19.doc Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. ,200_. day of PASSED by the City Council of the City of Federal ATTEST: ,-:-......;.:'.. .',.'"'""",,',',, d. ,..........,-..",.. .....". ....,..-......,., . .....,."....."" CITY CLERK, CAROL MC~JLL Y, CMC .........P. ...... .................. . .................... ......".........,,,.. . . . . .. . . . . . .. ......,.. ....."............ ..H..".".. .. APPROVED AS TO.:J.t~'RM: CITY A TTORN~;Y,PA TRt@~A.Rt@Ft~~$0N Ordinance No. Rev 3/09 Land Use, Page 6 of6 K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\ORDINANCE for Vesting FWRC 19.doc Attachment 2 - Staff Report to the Planning Commission for the July 22, 2009 Public Hearing with Exhibits A through L elfY OF Federal Way STAFF REPORT TO THE PLANNING COMMISSION Planning Commission Meeting of July 22, 2009 Amendments to Federal Way Revised Code (FWRC) Title 18 - Subdivisions and Title 19 - Permits and Review Processes Federal Way File No. 09-101017-00-UP Report prepared by Senior Planner Deb Barker I. PuRPOSE OF AMENDMENT The proposed text amendments are intended to aid in economic recovery by providing flexibility with increases to extension deadlines and approvals for a variety of applications. In addition. vesting for land use applications is proposed to be clarified II. BACKGROUND Due in large part to the national economic recession, the regional housing market has severely declined and the ability for (commercial and home) builders and developers to secure credit from financial institutions has become considerably more difficult. The local building industry has been significantly impacted by these issues and is faced with the on-going threat of job losses and business closures in land development and housing related industries. Stakeholders in the building industry believe that bold actions are needed at all levels of government to spur housing and economic recoveries. One of the actions suggested by the Master Builders of King County as part of a housing stimulus plan at the local level includes extending the time period applicants have to submit an application for a complete final subdivision or short subdivision approval. Taking this action may allow home builders increased opportunities for debt recovery and provide the time needed to obtain financing and complete construction. In addition to extending time limits for subdivisions, the City believes that extending time limits for land use permits can further the recovery of the industry and improve some inconsistencies in the existing codes. Vesting is a term that signifies the point at which a project is guaranteed the codes upon which a project must be designed arid processed. The city's codes currently establish vesting at various points, leading to inconsistency and confusion. Staffs proposal to establish vesting of land use permits and approvals at the point of submitting a complete application, consistent with subdivision . applications, I also provides the building industry the certainty that codes would not be changed in mid-process, potentially impacting their application. It is in this spirit that this code amendment is prepared. I Vesting lor subdivision applications is covered under RCW 58.17.033. .... The current Federal Way Revised Code (FWRC) includes the following expiration timelines and points of vesting: Type of Permit Summarized Current Time Line V estin~ Date Preliminary plat City code requires that responses for additional information be At complete provided within 180 days ofthe request, or an application can application be considered void. Preliminary plat applications expire five years from date of approvaL The Hearing Examiner can grant a one-time, one-year extension. Recorded preliminary plats vest for five years from date of recording. Short plat and BSP City code requires that responses for additional information be At complete provided within 180 days of the request, or an application can application be considered void. Short plat applications expire one year following director approvaL The director can grant a one-time, one-year extension. Process (, U, UI, IV City code requires that responses for additional information be At date of complete provided within 180 days of the request, or an application can building permit be considered void. The applicant must submit a complete application or of building permit within one year ofland use approval or the land use approval approval expires. The project must be constructed within one and five years following approval with one-time, one-year extension or the application expires. Building Permit Under the International Building Code (IBC) a complete Complete building permit application shall expire within 180 days. application Extensions up to 90 days are available subject to written request with justifiable cause demonstrated. BuiLding permit applications toll until the SEP A appeal period concludes. Issued building permits also expire 180 days from issuance. Extensions up to 180 days are available subject to written requests and justifiable cause demonstrated. 2 SwnmiiiY 01 hX1Shng COde III. SUMMARY OF PROPOSED CODE AJ\'IENDMENTS The following is a summary of the proposed amendments. Subdivisions - FWRC Title 18: (a) City code currently requires that responses for additional information be provided within 180 days of the request, or an application can be considered void. The purpose of this amendment is to provide an extension of that time line while ensuring that the applicant has not abandoned the project. 3 Staff recommends administrative extensions to the 180-day timeline for resubmitting additional information for short plats, binding site plans, and preliminary plats subject to criteria and situational conditions. A nominal fee would be required with the extension request. The administrative extensions to the 180-day timeline would be retroactive to those subdivision applications currently under review (Exhibit A - FWRC 18.05.080 Application Cancelation). (b) City codes currently require that a short plat be completed within one year of approval or the short plat expires. The purpose of this amendment is to extend the short plat construction timeline so that it is consistent with the five years of time allowed for construction of a 2 mc related infonnation from mc 105.3.2 and !BC 105.5 is provided for reference only. No changes to any!BC provision are rroposed with this code amendment . It is proposed that the number and timeline of 180 day extensions provided for pending preliminary plats, short plats, and binding site plan applications be based on compliance with criteria. Staff Report to the Planning Corrunission Amendments to Federal Way Revised Code (FWRC) Page 2 09-10 10 17/D<x. 1.0. 50754 Jr preliminary plat Staff recommends that approval deadlines for short plat applications increase from one year to five years (Exhibit B - FWRC /8.30.260 Short plat duration approval). (c) Currently, all infrastructure such as roads and utilities required for those preliminary plat, short plat, or binding site plan applications4 that have received preliminary approval must be installed within a specific timeline from the date of preliminary approvaL The City code currently provides only a one-time, one-year extension of these time lines, and requires that the Hearing Examiner review preliminary plat extension requests. This amendment proposes to increase the extension time line from one year to two years for all short plat and preliminary plat applications, and allow additional extension opportunities for those short plat and preliminary plat projects that have been approved but are not completed within the required timeline. It is further proposed that the Director of Corrnnunity Development Services would review and grant each extension request subject to circumstances and compliance with criteria,s and it is proposed that this extension opportunity be made retroactive in order to address those active and valid preliminary plat, short plat, and BSP applications that have received preliminary approval, have received their only extension opportunity, and face expiration as they are still not completed. Staff recommends that two-year extension opportunities shall be available for approved short plats, binding site plans, and preliminary plat applications subject to criteria and administrative review; and appealable to the Hearing Examiner. The extensions shall be retroactive to those active and valid projects granted preliminary plat, short plat, or binding site plan approval (Exhibit C - FWRC /8.05.090 Lapse of Approval- Time Extension). (d) Currently, city code requires that approved short plats be completed within one year of approval or the short plat expires. As noted in (b) above, short plat tirnelines are recommended to be consistent with preliminary plat timelines, and extended from one year to five years. The five-year timeline reference is proposed as 18.30.260 to the <'Subdivisions in General" section of the FWRC. The one-year timeline reference would therefore be deleted from the short subdivision portion of the FWRC. Staff reconnnends that in order to provide for a consistent subdivision completion timeline shown in FWRC 18.05.090, Duration of Approval, the section known as FWRC 18.30.270 would be deleted (Exhibit D - Deletes FWRC 18.30.270 Effect- Time Extension). (e) Currently, extension provisions are individually located in short plat and preliminary plat sections of the FWRC. As noted in (c) above, the subdivision code is proposed to be modified to allow for consistent timeline and extension opportunities for short plats and preliminary plats. Staff recommends that in order to consolidate timeline and extension opportunities for preliminary plats, timeline and extension references in FWRC 18.35.220 would be moved to FWRC 18.05.090, Duration of Approval (Exhibit E - FWRC /8.35.220 Duration of Approval). Permits and Review Processes - FWRC Title 19: (a) As noted above, vesting is a term that signifies the point at which a project is guaranteed the codes upon which a project must be designed and processed. The city's codes currently establish Use Process I, II, III, and IV land use applications vesting at the time a land use decision is issued, while subdivision applications vest at the time of a complete application. 6 The proposal to establish land use permits vesting at the point of submitting a complete ~ Binding site plans are processed under the provisions of short subdivision per FWRC 18.20.020. ) The nwnber of extension opportunities for approved preliminary plats, short plats, and binding site plans shall be based on compliance with criteria 6 Vesting for subdivision applications are covered under RCW 58.17.033. ...'"i StatfReport to the Planning Commission Amendments to Federal Way Revised Code (FWRC) Page 3 09-10 10 17/ Doc I.D. 50154 application would make vesting milestones consistent with subdivision provisions. Applications that are not complete when submitted require that more information be submitted Those Use Process applications would vest after required information is provided and a letter of completeness is issued by the City. An applicant would not be able to alter or choose vesting dates without formally withdrawing a clUTent land use application. To eliminate inconsistency and confusion, staff recommends that the vesting of Use Process I, n, UI, and IV applications be changed from land use approval to the date the application is detennined to be complete. It is also recommended that Use Process applications that require additional information to be considered complete would not vest until after detennined complete based on a letter of completeness. A complete land use application will be defined, and vesting rights would not be waivable (Exhibit F - FWRC /9./5.045 Use Process - Completeness of Applications). (b) City code clUTently requires that responses for additional information be provided within 180 days of the request, or an application can be considered void The purpose of this amendment is to provide an extension of that timeline while ensuring that the applicant has not abandoned the project. Administrative extensions to the I80-day timeline for resubmitting additional information would be available subject to criteria and situational conditions; would be subject to a nominal fee; and if approved, would be retroactive for valid Process I, il, III, or IV applications.7 Staff recommends administrative extensions to the 180-day timeline for resubmitting additional information for Use Process I, il, 11[, and IV applications subject to criteria and situational conditions, and subject to a nominal fee. Administrative extensions to the 180-day timeline would be retroactive to valid Process I, n, III, and IV land use applications currently under review (Exhibit G - FWRC /9./5.050 Application Cancelation). (c) Language discussing "final decisions" and "effects of the decision" is located in both sections on Use Process UI and Use Process IV. In an effort to consolidate duplicative language, this amendment proposes to consolidate and relocate this language into the "permits and review processes" section so that it is applicable to all Use Process I, II, III, and IV applications. Staff recommends that duplicative language on final decisions and effects of the decision be merged and moved to the Permits and review processes section (Exhibit H - FWRC /9./5.075 Final decisions and effect of the decision). (d) Currently, an applicant for a Process l, II, III, or rv application must begin construction or submit to the city a complete building permit application for development activity, use of land, or other actions within one year of the final decision, or the decision becomes void. In addition, the applicant must substantially complete the construction for the development activity, use of land, or other actions and complete the applicable conditions in the decision within five years after the final decision or the decision becomes void The purpose of this amendment is to eliminate the timeline for submitting a complete building permit application for approved Process II, III, and IV applications since work approved under these applications is typically more complex and a timeline to submit a building permit is not practical. The amendment further proposes to allow five years to complete work following the Process H, HI, or IV decision. In contrast, Process I applications focus on a limited aspect of the project, are typically less complicated, and thus do not require additional time limit extensions to complete the work. Staffrecornmends that the applicant substantially complete construction for the development activity, use of land, or other actions approved and complete the applicable conditions listed in the decision within one year of the Process I decision, or within five years 7~ It is proposed that the number and timeline of 180-day extensions provided for Use Process 1, II, III, and IV applications be based on compliance with criteria Staff Report to the Planning Commission Amendments to Federal Way Revised Code (FWRC) ...... Page 4 09-10 10 17/Doc to. 50754 of the Process II, III, or IV decision, or those decisions become void (Exhibit [ - FWRC 19.15.100 Lapse of Approval- Generally). (e) Currently, city code provides a one-time extension of only one year for an applicant to complete all of the work approved under a Use Process I, IT, UI, and IV decision following the initial one year construction time line. The purpose of this amendment is to provide greater flexibility for developers and builders by increasing extension timelines from one year to two years for aU Process II, m, and IV applications that have been approved but are not completed within the required time line. The amendment also proposes that the Director of Community Development Services review and grant each extension request subject to circumstances and compliance with criteria, 8 and that this extension opportunity be made retroactive in order to address active land use applications that have received preliminary approval, received their only extension opportunity and, face expiration as they are still not completed As previously noted, Use Process I applications are typically less complicated, and generally do not require additional time limit extensions to complete the work. Staff recommends that one year extension opportunities be available for approved Process I applications subject to criteria and administrative review; that two-year extension opportunities be available for approved Process II, UI, and IV applications subject to criteria and administrative review; and appealable to the Hearing Examiner. Extension provisions would be retroactive to valid and active land use Process I, II, III, and IV applications currently under review (Exhibit J - FWRC f 9. f 5.1 f 0 Lapse of Approval- Time Extension). (t) Currently, the effect of a Process III decision is referenced in FWRC 19.65.110. As noted in (c) above, in order to eliminate duplicative code provisions and ensure that the effect of decision is consistent for all use process decisions, it is recommended that FWRC 19.65.110 Effect of decision be deleted as it is moved to FWRC 19.15.075 (Exhibit K - Deletes FWRC 19.65.110 Effect of the decision). (g) Currently, the effect of a Process IV decision is referenced in FWRC 19.70. 160. As noted in C above, in order to eliminate duplicative code provisions and ensure that the final decision and effect of decision is consistent for all use process decisions, it is recommended that FWRC 19.70.160 Final decisions and effect of decision be deleted as it is moved to FWRC 19.15.075 (Exhibit L - Deletes FWRC 19.70.160 Final decisions and effect of the decision). IV. PROCEDURAL SUMMARY The Project is procedurally exempt from State Environmental Policy Act (SEP A) review under WAC 197-11-800(19) (Procedural Actions). Public Notice of the July 22,2009, public hearing was published and posted on July 4,2009, in accordance with the City's procedural requirements. There were no public comments. V. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes the comp liance of the proposed zoning text amendments with the criteria provided by FWRC 19.80. 130. The City may amend the text of the FWRC only if it finds that: & The number of extension opportunities tor approved Use Process [, ll, Ul, and [V applications shall be based on compliance with criteria. " Staff Report to the Planning Conunission Amendments to Federal Way Revised Code (FWRC) Page 5 09-101OI7/Doc. m 50754 L The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC zoning text amendments are consistent with the following goals and policies contained in the Federal Way Comprehensive Plan (FWCP): LUG2 LUP4 EDG6 EDP15 EDP18 HP8 HP9 HPIO HPII Develop an efficient and timely development review process based on a publidprivate partnership. Maximize efficiency of the development review process. The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. Consider the economic impact of all development regulations on the cost of housing. Maximize efficiency in the City's development review process and ensure that unnecessary time delays and expenses are eliminated Continue to provide streamlined pennitting processes for development that is consistent with the FWCP and FWCC (sic), and that has no adverse impacts. Encourage community input, where appropriate, into the development pennit process by providing thorough and timely information to the public. Continue to assist developers with housing proposals at the earliest possible opportunity, including preapplication meetings to produce projects that can be reviewed quickly and maximize their ability to receive pennits. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendment bears a substantial relationship to the public health, safety, or welfare because it responds to current national economic conditions that impact local land development and housing related industries by modifying development regulations to provide for flexibility during the development review process that is not provided in the current code; and clarifies and refines various related codes in order to increase the efficiency of the development review process. 3. The proposed amendme":t is in the best interest of the residents of the City. Approval of the proposed code amendment would benefit the City as a whole as it provides for flexibility in development review timelines, which results in continued development within the City, thus aiding the local economy, and ensuring that housing costs remain realistic. VI. PLANNING COMMISSION REVIEW AND ACTION Pursuant to FWRC 19.80.050(b), the City Council may review City-initiated changes to the text of the zoning code from time to time at the Council's discretion. The Planning Commission is being asked to review the proposed changes to the zoning code and forward a recommendation to the City CounciL FWRC Chapter 19.80, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is to review and evaluate the zoning code text regarding any proposed amendments; to determine whether Page 6 09-10 10 17/Doc. lD. 50754i ,;,.-.( StatTReport to the Planning Commission Amendments to Federal Way Revised Code (FWRC) the proposed zoning code text amendment meets the criteria provided by FWRC 19.80. 130; and to forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modity the proposed FWRC text amendments and recommend to City Council adoption of the FWRC text amendments as modified; 3. Recommend to City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to City Council without a recommendatioIL VII. STAFF RECOMl\'lENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendment to FWRC Title 18 Subdivisions and FWRC Chapter 19. 15 Permits and Review Processes as outlined in Section II above be recommended for approval to the City Council. l. Amendments as set forth in Exhibit A. to FWRC 18.05.080, Application Cancelation 2. Amendments as set forth in Exhibit B, to FWRC 18.30.260, Short Plat Duration Approval 3. Amendments as set forth in Exhibit C, to FWRC 18.05.090, Lapse of Approval- Time Extension 4. Amendments as set forth in Exhibit D, to FWRC 18.30.270, Effect - Time Extension 5. Amendments as set forth in Exhibit E, to FWRC 18.35.220, Duration of Approval 6. Amendments as set forth in Exhibit F, to FWRC 19.15.045, Completeness of App lications 7. Amendments as set forth in Exhibit G, to FWRC 19.15.050, Application Cancelation 8. Amendments as set forth in Exhibit H, to FWRC 19.15.075, Final Decisions and Effect of the Decision 9. Amendments as set forth in Exhibit I, to FWRC 19.15.100, Lapse of Approval- Generally 10. Amendments as set forth in Exhibit J, to FWRC 19.15.110, Lapse of Approval- Time Extension 11. Amendments as set forth in Exhibit K, to FWRC 19.65.110, Effect of the Decision 12. Amendments as set forth in Exhibit L, to FWRC 19.70.160, Final Decisions and Effect of the Decision EXHIBITS Exhibit A. to FWRC 18.05.080, Application Cancelation Exhibit B, to FWRC 18.30.260, Short Plat Duration of Approval Exhibit C, to FWRC 18.05.090, Lapse of Approval- Time Extension Exhibit D, to FWRC 18.30.270, Effect - Time Extension Exhibit E, to FWRC 18.35.220, Duration of Approval Exhibit F, to FWRC 19.15.045, Completeness of Applications Exhibit G, to FWRC 19.15.050, Application Cancelation Exhibit II. to FWRC 19.15.075, Final Decisions and Effect of tile Decision Exhibit I, to FWRC 19.15.100, Lapse of Approval- Generally Exhibit J, to FWRC 19.15.110, Lapse of Approval- Time Extension Exhibit K, to FWRC 19.65.110, Effect of the Decision Exhibit L, to FWRC 19.70.160, Final Decisions and Effect of tile Decision ,~ Staff Report to the Planning Commission Amendments to Federal Way Revised Code (FWRC) Page 7 09-101017/00<:. ID. 50754 Proposed Text Amendments In Relevant Part Submitted to Planning Commission July 22, 2009 EXHIBIT A . PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 18, "Subdivisions" 18.05.080 "Application Cancelation" (City File No. 09-101017-00-UP) ~t Exhibit A (Pro "ides extension to the 180-day timeline) 18.05.080 Application cancellation. ill If an applicant for a boundary line adjustment, lot line elimination, binding site plan, short subdivision plat, preliminary plat, final plat, alteration of plat, or vacation of subdivision fails to provide additional intormation to the city within 180 days of being notified by mail that such information is requested, the application shall be deemed null and void and the city shall have no duty to process, review, or issue any decision with respect to such an application. . (2) Extension request No less than 30 days prior to the lapse of the 180-dav notification by the city under FWRC 18.05.080(1), the applicant for a short plat. bindin2 site plan, or preliminary plat application(s) may submit a written request in the form of a letter with supportin2 evidence to the department reQuestin2 an extension of the 180-day time limits and documentin2 the followin2: (a) That circumstances beyond the applicant's control prevent compliance with the time limits of FWRC 18.05.080(1); (b) That the applicant is makin2 substantial pro2ress in respondin2 to the request for information so that review of the application can be furthered when that information is submitted; and (c) The number of additional calendar davs necessary to provide the requested information. (3) Review process. A request for an extension to the 180-day time limit will be reviewed and decided upon bv the director based on responses to criteria in FWRC 18.05.080(2). (4) Retroactive applicabilitv. Administrative extension to the 180-day time limit shall be retroactive to those valid bindin2 site plan, short subdivision, and preliminary plat applications currentlv under review. (Ord. No. 07-554, ~ 5(Exh. 1\(2)), 5-15-07; Ord. No. 00-375, ~ 5, 10-3-00. Code 2001 ~ 20-22.) ..~ 09-101017 Doc. 1.D~ 50755 EXHIBIT B PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 18, "Subdivisions" 18.30.260 "Effect - Short plat duration approval" (City File No. 09-101017-00-UP) " 09-101017 Doc. 1.0. 50755 Exhibit B (Short plat approval would be valid for 5 years) 18.30.260 Effect - Short plat dDuration approval. (1) Short plat approval shall expire eRe five year~ from the date of the director of community development services approvaL Said approval shall constitute acceptance of short subdivision layout and design and shall include all conditions, restrictions, and other requirements required by the director of community development services as part of short subdivision approvaL City approval of a short subdivision shall not constitute approval for land clearing or grading, vegetation removaL or any other activities which otherwise require permits from the city. (2) Prior to construction of improvements pursuant to short plat approval, engineering drawings for public improvements shall be submitted for review and approval to the department of public works, Lakehaven utility district, and city of Tacoma public utilities department. No permits to begin construction or site work shall be granted until final approval of all utility plans, including storm drainage; the payment of all pertinent fees; and the submittal of perfonnance securities as may be required (Ord No. 07-554, ~ 5(Exh. A(2)), 5-15-07; Om. No. 97-291, ~ 3,4-1-97. Code 2001 ~ 20-106.) .:l 09.101017 Doc. 1.0. soiss EXHIBIT C PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 18, "Subdivisions" 18.05.090 "Lapse of Approval - Time extension" (City File No. 09-101017-00-UP) ..>; 09-101011 Doc. l.D. 5075S Exhibit C (NEW section for time extension for short plat, BSP, and preliminary plat applications) 18.05.090 Lapse of approval- Time extension (l) Application. No less than 60 days prior to lapse of approval under FWRC 18.30.260 and FWRC 18.35.220. or prior to lapse of approval of any precedine time extension eranted under this section, the applicant may submit a written request in the form of a letter with supportin1! documentation to the department of community development services reQ uestine extension of those time limits of up to two vears. (2) Criteria. An extension request shall satisfy the followin1! criteria to be approved: (a) Except for the first request for time extension. the applicant has made substantial proeress to complete the plat~ (b) There are circumstances beyond the applicant's control which prevent compliance with the time limits of FWRC 18.30.260. 18.35.220. or any previous Iv eranted extension; (c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance. contribute to erosion and sedimentation problems; or impact the public health. safety. and welfare; and (d) Whether either phvsical conditions in the vicinity ofthe plat or codes and requirements of the city, applicable lU!encies. and utility providers have chan1!ed to such a de1!:ree since initial approval that it would be contrary to the public interest to extend the life of the plat. includin1! but not limited to such factors as: i. Whether the adoption of new codes and/or standards would substantiallv affect proiect lavout and storm drainaee desien~ ii. The adequacy of mitil!:ation and/or impact fees to address the cost of mitil!:ation at the end of the exPiration period; iii. Whether the delaved proiect is an impediment to other development proiects in the vicinity as a result of traffic concurrency reserved capacity. The director may condition the extension request to satisfy criteria (c) and (d) as appropriate. [n order to demonstrate compliance with the criteria of FWRC 18.05.090(2), the applicant may also provide pertinent documentation of financial backine. lease acceptance, or other such commitments secured bv the developer and/or aeent as well as applicable proiect timelines with milestones and dates of anticipated completion. (3) Fee. The applicant shall include with the letter of request the hourlv fee as established bv the city. The request will not be accepted unless it is accompanied bv the required hourlv fee. (4) Review process. Each request for extension will be reviewed and decided upon bv the director of community development services who Olav erant up to a two-year extension(s) of approval. (5) Appeals. Anv person aeerieved bv the !!rantin!! or denvin!! of a request for a time extension under this section may appeal that decision. The appellant must file a letter of appeal indicatine how this decision affects the appellant's property and presentinl!: any relevant material or information supportine the appellant's contention. The appeal will be heard and decided upon usin!! the appeal process described in FWRC 18.30.140 et SeQ. Anv short plat time limit:. pursuant to Chapter 36.70B RCW, upon the city's processin1! and decision upon applications under this title may, except as otherwise specificallv stated in this title, be modified bv a written aereement between the applicant and the director of community development services. (6) Retroactive applicabilitv. The provisions of this section shall be retroactive to active and valid short plat, bindine site plan. and preliminary plat applications. s 09.101017 Doc. I.D. 50755 EXHIBIT D PROPOSED TEXT AMENDMENTS Federal Way Revised Code (PWRC) Title 18, "Subdivisions" 18.30.270 "Effect - Time extension" (City File No. 09-101017-00-UP) -~ ()l)-!OIOI7 Doc.LD. 50755 Exhibit D (Moved to 18.05.090) 18.30.270 Effect Time extension. (1) No less than 30 days prior to !apse ofapprmal under f1HRC 18.30.260, the applicant may submit a 'Nritten application in the form of a letter with supporting documentation to the department of community development services requesting a one time eKtension of those limits of up to one year. (2) The applieant shall iaclude, ':Iith the letter of request, the fee as established by the city and reasons for said request The application \vill not be accepted unless it is accompanied by the required fee. (3) The director of coHBntJ:Rity development services may grant a ORe year extension of short suhdivisioo appr-oval with all eKpiration date and no further opportlmity for exteffiion. (1) The request IllHSt demonstrate that the applieaRt is making substantial progress on the approval and coaditions of approval, and that there are circumstances beyond the applicant's control which prevent eomplianee with the time limits ofFWRC 18.30.260. (5) l\fiY person aggrieved by the granting or denying of a request for a time extension Ullder this sectiOR may appeal that decision. The appellant must file a letter of appeal indicatiRg hO'1I this decision affects the appellant's property and presenting any relevant material or information sHflflorting the appellaBt's contention. The appeal will be heard and decided upon HSing the appeal process descnbed in F'NRC 18.30.140 et scq. Any time limit, purSl:lallt to Chapter 36.70B RCW, upOR the city's processing and decision upon applications under this title may, except as otherwise specifically stated in this title, be modified by a ",'fitten agreement bet'.veen the applicant and the director of commURity (k/elopment servIees. (Ora No. 07 554, 3 5(Exh. :\(2)), 5 15 07; Ord. No. 97 291, 3 3, <I 1 97. Code 200 1 ~ 20 107.) ,,1; 09-101011 Doc. I.D 50755 EXHIBIT E PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 18, "Subdivisions" 18.35.220 "Duration of approval" (City File No. 09-101017-00-UP) ,'t; 09-101011 Doc_ to. 50155 I Exhibit E (from Preliminary plat; most moved to 18.05.090) 18.35.220 Duration of approval. Preliminary plat approval shall expire five years from the date of city council approval, unless the applicant requests an extension as provided in FWRC 18.05.090. from the hearing examiner. The request for extension must be sHbmitted to the department of COIIHIlUBtty development services at least 60 days prior to the eKpiration date of the preliminary plat. The departmeat of COImllwHty developmem: services shall schedl:lle and advertise a public hearing in accordance with f'NRC 18.35.100. In coosidering ....hether t-o grant the eKtension, the hearing eKaminer shall consider the follo...ving in the pHblic hearing: (1) Whether substantial progress has been made toward completion of the entire plat, or the initial phase of the plat, if the preliminary approval included phasing. (2) Whether c-oRditiOH5 in the vicinity of the subdivision have changed t-o a suffIcient degree since initial approval to ''\'arrant reconsideration of the preliminary plat. The hearing examiner may grant a one year extension of preliminary plat appro'/al or may allow diy-ision of the plat into separate phases, each with an eKpiration dat-e and no further opportunity for eKtension. (Ord No. 07-554, ~ 5(Exh. A(2)), 5-15-O7~ Ord No. 97-291, ~ 3, 4-1-97~ Ord No. 90-41, ~ 1(16.120.10 - 16.120_50),2-27-90. Code 200 1 ~ 20-13 L) ..."4 09-101017 Doc. I.D. 50755 Exhibit F (Defines use process vesting) 19.15.045 Completeness of applications. (I) Within 28 calendar days of receiving an application, the city shall determine whether the application is complete, with reference to FWRC 19.15.040. Prior to the 28-day deadline, a letter of completeness shall be issued indicatine: the date the application is deemed complete. if ttLe city deems the applieation to be complete, or, if the city determines the application to be incomplete, the city shall notify the applicant of what needs to be submitted for a complete application. In this written determination, the city shall also identify, to the extent known to the city, the other agencies of local, state, or federal government that may have jurisdiction over some aspect of the proposed development activity. ..\n application may be deemed completel:illder this section e';en if the city does not provide a '''TItten determination to the applicant as required (2) If an application was found incomplete and an applicant submits additional information, the city shall notify the applicant in writine: within 14 days the date whether the application is deemed complete or whether further additional information is necessary. (3) Additional information. A determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the letter of completeness or subsequently, if new information is required or if there are substantial changes in the proposed action. (4) VestinJ!. A proposed Use Process I, II. III, or IV application shall vest to and be considered under the zonine: code and other land use control ordinances, in effect on the land at the time a fullv completed application for Use Process I, II, III. or [V has been submitted to the city. In the event that the city requests supplemental or specific information to find an application complete. the Use Process I, II. III. or IV application shall vest to those codes in effect on the date that all requested supplemental or specific information is submitted. A complete application shall be defined as set forth in FWRC 19.15.040 and based on requirements in related handouts. Vested rie:hts shall not be waivable pursuant to the Vested Rie:hts Doctrine. (Oni. No. 09-594, ~ 19, 1-6-09. Code 2001 ~ 22-33.5.) '" 09.101017 Doc. I.D. 50756 EXHIBIT F PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes" 19.15.045 "Completeness of applications" (City File No. 09-101017-00-UP) ... EXHIBIT G PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes" 19.15.050 "Application cancellation" (City File No. 09-101017-00-UP) :€ Q9.IOIOI1 Doc. to. 50156 Exhibit G (Provides extension to the I80-day timeline) 19.15.050 Application cancellation. ill If an applicant fails to provide additional information to the city within 180 days of being notified by mail that such information is requested, the application shall be deemed null and void and the city shaH have no duty to process, review, or issue any decisions with respect to such an application. (ll Extension request No less than 30 days prior to the lapse of the 180-day notification by the city under FWRC 19.15.050(1). the applicant may submit a written request in the form of a letter with supportine: evidence to the department requestinl! an extension of the time limits and documents the followinl!: (a) That circumstances beyond the applicant's control prevent compliance with the time limits of FWRC 19.15.050(1 )~ (b) That the applicant is makine: substantial proe:ress in respondinl! to the request for information so that review of the application can be furthered when that information is submitted; and (c) The number of additional calendar days necessary to provide the requested information. (3) Review process. A request for an extension to the 180-day time limit will be reviewed and decided upon by the director based on responses to criteria in FWRC 19.15.050(2). (4) Retroactive applicabilitv. Administrative extension to the 180-day time limit shall be retroactive to those valid Process I, II. HI. or IV applications currently under review. (Ord No. 97-291, S 3,4-1-97. Code 2001 S 22-34.) ...~ 09.101017 Ooc.1.0. ;0756 EXHIBIT H PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes " 19.15.075 "Final decisions and effect of the decision" (City File No. 09-101017-00-UP) ....'t 09-101017 Doc. LO. 50156 Exhibit H (NEWSECTION combining "Final decisions and effect of the decision" and moving it from Process 1II and [V sections to section 19.15 - Use process overview) 19.15.075 Final decisions and effect of the decision Upon a decision becomin! final. the applicant mav enl!a!e in activity based on the decision. provided applicable permits have been approved. (a) Director. Decisions of the Director of Community Development Services become final subiect to tbe followinl!: (1) If a written notice of appeal is received within the appeal period. the decision shall not become final until the appeal process is complete and the city issues a final decision. (2) If no appeal is submitted within the 14-calendar-dav appeal period. the decision shall become final on the first calendar day followin! the expiration of the appeal period. (b) Hearin!! Examiner. If a decision of the hearin! examiner is the final decision of the city. it may be reviewed under FWRC 19.70.260. Where the hearinl! examiner's decision is not the final decision of the city. the decision may be appealed under FWRC 19.70.170 and is subject to subsection (2) of this section. (l) A!!encv decision appeals. The decision bv the bearin! examiner on an a!enCV decision appeal is the final decision of the city. except where the proposed project involves: i. An approval. other than a site plan approval. involvinl! a school (FWRC 19.195.100). a community recreation area (FWRC 19.195.120). a !overnment facility (FWRC 19.195.150), a public utility (FWRC 19.195.140), or a public park (FWRC 19.195.160) located in an SE (suburban estates), RS (sin!le-familv residential), or RM (multifamilv) zone; or ii. A site plan approval for a public utility located in a BN (nei!hborhood business), Be (community business), or 01- (office park) zone. iii. SEPA appeals under FWRC Titles 14 and 15. (2) Other cases. In cases not subject to subsection (l) of this section, decisions of the hearin! examiner become final: i. If no appeal of the hearinl! examiner's decision is submitted within the appeal period, on the first calendar day followin! the expiration of the 14-calendar-dav appeal period; ii. If a written notice of appeal of the hearinl! examiner's decision is received within the appeal period. when the city issues a final decision after the appeal process is complete -~ 09.101017 Doc. 1.0. 50756 EXHIBIT I PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes" 19.15.100 "Lapse of approval- Generally" (City File No. 09-101017-00-UP) ...1;' 09.101017 Doc. LD. 50756 Exhibit ( (Establishes the time that Use Process 1, II, ill, and IV applications are valid) 19.15.100 Lapse of approval- Generally. (l) Use Process L The applicant must substantiallv complete construction for the development activitv. use of land, or other actions approved and complete the applicable conditions listed in the Process ( decision within one year after the final decision of the citv on the matter, or the decision becomes void. If a land use petition is filed under Chapter 36.70C RCW in Kine Countv superior court, the time limits ofthis section are automaticallv extended bv the leneth of time between the commencement and final termination of that Iitieation. (2) Use Process II. Ill. and IV. An applieant must begin. eoostrnction or submit to the city a complete buildffig permit applieatioR f-or the developmeat activity, use of land or other aetioos withiR one year after the final decision apprO'Mg the matter, or the decision becomes vDid. The applicant must substantially complete construction for the development activity, use ofland, or other actions approved and complete the applicable conditions listed in the Use Process n, Uf. and IV decision within five years after the final decision of the city on the matter, or the decision becomes void. If a land use petition is filed under Chapter 36.7OC RCW in King County superior court, the time limits of this section are automatically ex.tended by the length of time between the commencement and final termination of that litigation. If the development activity, use of land, or other action approved under this chapter includes phased construction, the time limits of this section may be ex.tended in the decision on the application, to allow for completion of subsequent phases. (Ord. No. 09-594, ~ 23, l-Ml9. Code 2001 ~ 22-39.) ... 09-101017 Doc. ID. 50156 EXHIBIT J PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes " 19.15.110 4'Lapse of approval- Time extension" (City File No. 09-101017-00-UP) ,'t 09-101017 Doc. to. 50756 Exhibit J (Time extension for Use Process applications) 19.15.110 Lapse of approval- Time extension. (I) Application. No less than 30 days pFrior to the lapse of approval under FWRC 19.15.100 for substantiallv completinl! construction or prior to lapse of approval for any proceedinl! time extension l!ranted under this section. the,aR applicant may submit a written application request in the form of a letter with supporting documentation to the department requesting a one time extension of those time limits of up to two years. ORe year. (2) Criteria. The request llRlSt demOflStrat-e that the applieant is making substantial progress on the de.'elopmeftt aeti.vity, use of laad, or other actions approved t:mder this chapter and that circumstances bcyoad the applicant's control prevem: cornpliaBce \vith the time limits of FWRC 19.15.IOO~ An extension request shall satisfy the followinl! criteria to be approved: (a) Except for the first request for time extension. the applicant has made substantial prOl!ress to complete the proiect~ (b) There are circumstances bevond the applicant's control which prevent compliance with the time limits of FWRC 19.15.100, or any previouslv l!ranted extension~ (c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance. contribute to erosion and sedimentation problems, or impact the public health, safety and welfare; and (d) Whether either phvsical conditions in the vicinity of the plat or codes and requirements of the city, applicable al!encies, and utility providers have chanl!ed to such a del!ree since initial approval that it would be contrary to the public interest to extend the life of the plat, includinl! but not limited to such factors as: i. Whether the adoption of new codes/standards would substantially affect proiect lavout and storm drainal!e desil!n~ ii. The adequacy of mitil!ation and/or impact fees to address the cost of mitil!ation at the end of the expiration period~ iii. Whether the delaved proiect is an impediment to other development proiects in the vicinity as a result of traffic concurrency reserved capacity. The director may condition the extension request to satisfy criteria (c) and (d) as appropriate. In order to demonstrate compliance with the criteria of FWRC 19.15.110(2), the applicant may also provide pertinent documentation of financial backinl!, lease acceptance, or other such commitments secured bv the developer and/or al!ent as well as applicable proiect timelines with milestones and dates of anticipated completion. (3) Fee. The applicant shall include, with the letter of request, the hourly fee as established by the city. The application request will not be accepted lUlless it is accompanied by the required hourlv fee. (4) Review process and timeline. An Each reQ uest application for a time extension will be administratively reviewed and decided upon by the director who may l!rant UP to a one-year extension of time to substantiallv complete construction and complete applicable conditions of approval for approved Use Process I application(s) after final decision and may l!rant up to a two-year extension of time to substantiallv complete construction and complete applicable conditions of approval for approved Use Process n, HI, or IV application(s). (5) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension lUlder this section may appeal that decision as provided in FWRC 19.65.120. The appellant must file a letter of appeal indicating how the decision on the time extension affects the appellant's property and presenting any relevant material or information supporting the appellant's contention. The appeal will be heard and decided upon using process [V. Pursuant to Chapter 36.7GB RCW, any time limit upon the city's processing and decision upon applications under this title may, except as otherwise specifically stated in this title, be modified by a written agreement between the applicant and the director. (6) Retroactive app/icabili/v. Extensions approved under this section shall be retroactive only for those active and valid Use Process I, II, III, or IV applications. (Ord. No. 09-594, ~ 24,1-6-09. Code 2001 ~ 22-40.) ..1< 09-101017 Doc. 1.0. 50756 EXHIBIT K PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes" 19.65.110 "Effect of the decision" (City File No. 09-101017-00-UP) ..~ 09.101017 Doc. 10. 50756 Exhibit K (Move this section to 19.15 and combine with Process IV language) 19.65.110 Effect of the decision. Upon a decision becoming final the applicant may engage in activity based on the decision, pro'lided applicable permits have been approved. Decisions become final subject to the follov.ing: (1) If a written notice of appeal is received .;tithin the appeal period, the ililcision shall not become fiaal until the appeal process is complete and the city issues a [mal ililcisioR. (2) If no appeal is submitted \.\'ithin the 1 <I calendar day appeal period, the ilileision shall become fiaal on the first calendar day following the expiration of the appeal period. s 09.HlI017 Doc. 10. ;0756 EXHIBIT L PROPOSED TEXT AMENDMENTS Federal Way Revised Code (FWRC) Title 19, "Permits and Review Processes " 19.70.165 "Final decisions and effect of the decision" (City File No. 09-101017-00-UP) ~i< 09-101017 Doc. 1.0. 50756 Exhibit L (Move this section to 19.15 and combine with UP language) 19.70.160 Final decisions and erred of the decision. Upon a decision becoming final, the applicant may engage in activity based on the decision, pro,,'ided applieable permits have been approved If a decision of the hearing eKaminer is the final decision of the city, it may be revic'vved under FWRC 19.70.260. V/here too hearing examiner's decision is not the fiaal decision of the city, the decision may be appealed under F~NRC 19.70.170 and is sooject to soosection (2) of this section. (1) Agency decision appCf11s. The decision by the hearing examiner on an agency decision appeal is the final decision of the city, except '..'mere the pr~osed project involves: (a) 1\n approval, other than a site plan approval, invoLving a schooL (FWRC 19.195.100), a commlmity recreation area (F~HRC 19.195.(20), a go'.'ernrnent facility (FWRC 19.195.(50), a public atility (FWRC 19.195.110), or a pliblic park (FWRC 19.195.(60) located in a SE (suburban estates), RS (single family residential), or RM: (mukifamily) zone; or (b) A site plan approval for a public utiLity located in a BN (acighborhood business), BC (COmtnl:lnfty business), or OP (office parle) zone. (c) SEPA appeals under FWRC Titles 14 and 15. (2) Otho.- cases. [n cases not subject to subsection ( 1) of this section, decis ions of the hearing examiner become final: (a) Ifno appeal of the hearing examiner's decision is submitted within the appeaL period, on the first calendar day follo'lling the expiration of the 1 '1 calendar day appeal period; (b) If a written notice of appeal of the hearing examiner's decY.iion Y.i recei vod ',vithin the appeal period, 'NheR the city issues a fmaL decision after the appeaL process is complete. (Ord No. 09-594, ~ 92,1-6-09; Ord No. 07-573, ~ 26,12-4-07; Ord. No. 00-375, ~ 15,10-3-00; Ord No. 97-291, S 3,4-1-97; Ord. No. 92-133, 9 3(150.70),4-21-92; Ord No. 90-43, 92(150.70),2-27-90. Code 2001 ~ 22-446.) C' 09.101017 Doc I.D. 50756 Attachment 3 - Draft Minutes of the July 22, 2009 Planning Commission Public Hearing CITY OF FEDERAL WAY PLANNING COMMISSION July 22, 2009 7 :00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, and Tim O'Neil Commissioners absent: Sarady Long (excused). Staff present: Senior Planner Margaret Clark, Senior Planner Deb Barker, Planning Manager Isaac Conlen, Public Works Deputy Director Ken Miller, Assistant City Attorney Amy Jo Pearsall, and Administrative Assistant Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of July 1, 2009, were approved as written. AUDIENCE COMMENT None ADMINlSTRATNE REpORT Ms. Piety announced that the next Planning Commission meeting will be September 16,2009. We will have public hearings on two proposed code amendments. COMMISSION BUSINESS PuBuc HEARlNG - Plat & Land Use Application Time Limit Extensions and Vesting Clarification Ms. Barker delivered the staff presentation. The intent of the proposed code amendments is to provide flexibility in city review processes and time1ines. The proposed amendments will allow more time to submit information before an application is canceled; will allow more time to complete an approved application as long as the applicant meets the criteria; and will give a consistent and early vesting time for applications. A draft of the proposed amendments was given to the stakeholders group and three responses were received. Lakehaven Utility District and ESM stated they approved of the proposed amendments. Sam Pace of the Seattle King County Realtors sent a letter (attached) that was forwarded to the Commissioners. His main concern was with the short plat timeline (he recommended seven years). Ms. Baker spoke to him about this issue and he stated he did not have an opportunity to read the staff report before preparing his letter. She explained to him that the proposed amendments increased the construction period to five years and allows for two year extensions. Ms. Barker believes the proposed amendments address his concern about the timing of projects. The proposed amendments will increase the time limit to five years and will allow two year extensions as long as the criteria are met. Public Comment Wayne Snoey, Covington resident, Federal Way landowner, member Covington City Council- He supports the spirit of the proposed amendments. He stated that the residential and commercial real estate industries are in terrible shape. It is very difficult for developers to obtain funding, so K:\P1anning CommissiDn\2OOO'1Meeting Summary 07-22-09.doc Planning Commission Minutes Page 2 July 22, 2009 extending the time limits will help by giving them more time to obtain funding. The real economic stimulus will happen at the local level, as with the proposed amendments. Garrett Huffman, Master Builders Association (lv/BA) - He stated this is excellent work. He passed out three handouts. The fIrst is a table showing what other jurisdictions are doing and/or proposing for time extensions. He stated he has meet with staff on this issue. He commented that we may lose half the builders in this region because they are unable to obtain funding due to the economy. Extensions will be a great help. The other two handouts deal with the law. On page 8 of the 10 page handout, he has bolded some information regarding vesting. It states in part that a local government, "... may not cause vesting of application to be contingent on future events or decisions...." He feels the proposed vesting amendment (city staff report Exhibit F) allows for this and therefore is illegal and should be deleted. The third handout has case law on the vesting issue. Other than the vesting issue, the MBA supports the proposed amendments. Commissioner Elder asked for the city's legal opinion on the vesting issue. Ms. Pearsall replied that the legal department reviewed the staff's proposal and feel it is legal. The language clarifies that vesting will occur when the application is complete and is not contingent on future events or decisions. The language says that if information is missing and thereby the application is incomplete, the city will request that information and will wait until the missing information is submitted before declaring the application complete. Once the decision is made that the application is complete, then it is vested. Commissioner O'Neal asked Mr. Huffman what he feels is onerous about the proposed vesting. Mr. Huffman replied he is concerned that the city could request additional information or studies that are not on the list of what must be submitted with the application and the city would say the project is not vested until it is all approved. The application should be vested when it is submitted and the city cannot legally require additional studies before vesting the project. Ms. Pearsall commented that the proposed language states that vesting will occur with submission of a complete application, and the code lists what constitutes a complete application. Mr. Huffman responded that just because it is in the code does not necessarily mean it is legaL Commissioner O'Neal asked if a limit is proposed for how many extensions an applicant may request Ms. Barker replied there is no limit to the number of extensions an applicant may request as long as they meet the criteria. Commissioner Medhurst commented that the proposed amendment make common sense. He asked staff whether there was anything in the proposed amendments they may want to change once the economy improves. Ms. Baker replied that staff considered a sunset clause, but they agree the proposed amendments make common sense and decided not to place a sunset clause. Mr. Miller commented that short plats tend to be infill and the city has received complaints from neighbors about properties where work has been started, but nothing has been done for years. It is for this reason staff that included the criteria that substantial progress be shown if an applicant is seeking a second extension. Commissioner Carlson commented that staff has done a good job with these proposed amendments. He does have a concern. A project is not vested until the application is deemed complete, which could include a number of reports. He understands that city staff will need to review the reports to insure they contain the appropriate information, but he is concerned that staff could hold up the process because of a disagreement with the preparer of a report over a specific piece of information within a report. He requested that staff add language along the lines of stating that reports need only to meet the professional "standard of care." Commissioner Bronson agreed. Commissioner Bronson asked why Use Process I is not included with the proposed amendments. Ms. Barker replied that given the types of projects that are assigned to a Use Process I, staff does not foresee any such K:\PIanningCommission\2009\Meeting SunumlIY 07-Z2-09.doc Planning Commission Minutes Page 3 July 22, 2009 project needing an extension. They are less complex, minor land use decisions and very few Use Process I projects need more than a few weeks to complete and many need only a few days. Commissioner Bronson asked if there is an appeal process if the requirements for a complete application appear onerous to the applicant. He is concerned that a technical argument between staff and an engineer could delay an application being deemed complete and thereby would delay vesting. Ms. Barker replied that she is not aware of an appeal process because there has not been an issued decision. At such times, a concerned applicant will speak with the department director. It is not a fonnal appeal with fees and paperwork, but that is an option for them to take their concerns higher. Mr. Bronson commented this is a concern for him because he is currently involved with a project with the federal government that is delayed because of a technical argument between two professionals. There needs to be some mechanism that can be used to move the process along. Commissioner 0 'Neil asked to clarify whether the discussion is about vesting. Commissioner Bronson replied he is talking about getting to the point of vesting. If a government professional and an outside professional are involved in an argument there is no way to go around that arbitrary behavior. Mr. Comen commented that Deb is correct. Typically at the start of the process there is not a point for an appeal other than an informal discussion between the applicant and the planner's supervisor or department director. However, typically within 28 days of the application being submitted, the city is required to issue a decision as to whether or not the application is complete. The city will issue a letter and that is a decision that could be appealed. So there is a chance to appeal. Commissioner Carlson moved (and it was seconded) to recommend the City Council adopt the proposed amendments as presented by staff The motion passed unanimously. The public hearing was closed. ADDITIONAL BUSINESS Mr. Comen informed the Commission of the status of the Shoreline Master Program (SMP). Staff had been waiting for comments from the state Department of Ecology and has received them. Staff is now editing the SMP in light of these comments and plan to bring it back to the Planning Commission in September or October. AUDIENCE COMMENT Wayne Snoey, Covington resident, Federal Way landowner, member Covington City Council- He thanked the Commission for their work on the proposed amendments. ADJOURN The meeting was adjourned at 8:00 p.m. K:lPl3nning Commission\2OO91Moeting SummaIy 07-22.09.doc SeattleKlng County REALTORS@ 12410 SE 32nd Street, Suite 100, Bellevue, WA 98005 (425) 974-1011 . TF: (800) 540-3277 . Fax: 425-974-1032 TO: City of Federal Way Planning Commission Chairman Merle Pfeifer & Commissioners Hope Elder (Vice Chair), Lawson Bronson, Wayne Carlson, Tom Medhurst, Sarady Long and Tim O'Neil, DELIVERY: c/o: Margaret Clark, Senior Planner, (253) 835-2646, mart!aret.clark@citvoffederalwav.com Tina Piety, Administrative Assistant II, (253) 835-2601 tina.pietv(tV,citvoffederalwav.com Deb Barker, Senior Planner; and deb.barker@citvoffederalwav.com FROM: Sam Pace, Housing Specialist, SeattleKing County REAL TORS@ DATE: July 20, 2009 RE: Plat and Land Use Application and Permit Time Limit Extensions Dear Chairman Pfeifer and Members of the Planning Commission: My name is Sam Pace. I'm a Housing Specialist with the Seattle-King County Association of REAL TORS@ and I'm writing to you on behalf of our 7,500+ members. I will be unable to attend the July 22nd Planning Commission meeting to testify at the Commission's Public Hearing on Plat and Land Use Application and Permit Time Limit Extensions. I'm out-of-town on vacation with my family, but this issue of such importance I thought it necessary to provide you written comments on the subject. I request that these be made a part of the Public Hearing Record. I provided similar written comments to the City Council back in March 2009. Since that time, several other cities, as well as the King County Council, have already enacted extension ordinances. I want to share with you our Association's support for (and underscore the importance of) the City adopting a Local Economic Stimulus plan. One key piece of such a stimulus plan that we request the City adopt is Extending the life of plat and land use applications and permits (and especially "short plats") including those that were in the City's permitting pipeline on or after January 1,2008. We recommend extending the life of short plats to seven years, (or at least to five years plus annual one-year extensions after the fifth year, similar to the way the City currently treats subdivisions and building permits). Seven years, like the King County Council adopted (retroactive to 2004) is the preferred approach As you know, consistent with existing state law, the City allows 9-lot short plats, and deserves credit and recognition for doing so. In addition, the City allows permits for subdivisions and buildings to be valid for five years, plus annual renewals beyond the fifth year. The City's deserves credit for this approach as well. It is appropriate for the City to provide time frames for the validity of short plats that are similar to those the City provides for subdivisions and building permits. We recommend seven years. TO: DELIVERY: FROM: DATE: RE: PAGE: Chairman Merle Pfeifer and' Members ~f the Federal Way Planning Commission c/o Margaret Clark. Tina Piety and Deb Barker Sam Pace, Housing Specialist, SeattleKing County REAL TORS@ July 20, 2009 Plat and Land Use Application and Permit Time Limit Extensions 200 As you also know, the construction of homes and plats is stalled due to the national (and world) fmandal crisis that is dramatically constricting access to the capital needed to complete construction of plats and homes. That financial crisis is not the fault oflocal builders/property owners who fmd themselves in the position of unintended victims (like so many other small to medium-sized businesses in our local communities). It is important that the City extend the life of those plats (and especiallv "short plats") and permits, rather than allowing them to expire. Allowing them to expire, and requiring builders to re-do, re-submit, and re-pay for work that has already been done, and already submitted to the City: . Increases the Costs of Housing . Hurts Housing Affordability for working families . Places homebuilders (and the jobs they provide for local workers) in greater peril. Some observers of the industry indicate that perhaps as many as half the firms may not be able to survive the current fmancial crisis. . Allowing the permits/applications to expire also.has the potential to divert City resources for review of other projects - such as construction the Council wants to see happen Downtown - to redo staff work on residential projects once the market begins to recover; and . All of that, in-turn, delays the City's receipt of sales tax on "sticks and bricks" used in construction of plats and homes, as well as REET revenues the City receives when the lots and homes sell. Additionally, viewing this situation from a "macro economics" perspective, I anticipate that when credit markets start to recover and builders once again have access to capital, we're going to see a continued constraint on housing supply (relative to the pent-up demand for homes) that will artificially increase housing prices above more normal market levels. While it may seem counter-intuitive given current inventory levels, this imbalance between supply and pent-up demand will be the result ofthe "lag time" between the remaining/surviving builders regaining access to credit for working capital, and the time it takes to complete construction of the plats and homes. Importantly, and unfortunately, there are likely to be far fewer builders available to meet that demand, resulting in longer lag times and higher price increases. Depending upon the number of construction firms that go under, I anticipate this will happen for a period of about 6 to 18 months while the construction industry once again begins building homes that, when finished, will be sold to the families of local workers. It's important for the City to do its small part to help avoid unnecessarily exacerbating that imbalance between supply and pent-up demand when the market starts to recover. Extending the life of plats (and especial/v "short plats" which currently receive disparate treatment) is an important contribution the City can make to help mitigate this problem. Making the extensions retroactive for projects that were in the City's pipeline on or after January 1, 2008, (or even 2007, when many construction firms began to experience the lenders' constricting access to working capital) will help to mitigate the damage being done, and avoid future damage. TO: DELIVERY: FROM: DATE: RE: PAGE: Chairman Merle Pfeifer and' Members of the Federal Way Planning Commission c/o Margaret Clark, Tina Piety and Deb Barker Sam Pace, Housing Specialist, SeattleKing County REAL TORS@ July 20, 2009 Plat and Land Use Application and Permit Time Limit Extensions 2of3 A very recent study by a number of noted economists and researchers in our state found that Housing (both directly and indirectly) accounts for approximately 20% of the State's GDP and 24% of the payroll in Washington State. Additionally, each 1,000 home sales result in 935 jobs, $37.5 million in wages and $126 million in economic activity. It's an important economic driver for our economy. Thank you in advance for your consideration. Sincerely, SEATILEKlNG COUNTYREALTORS@ ~p~ Sam Pace, Housing Specialist cc: David Crowell SKCAR Governmental Affairs Committee COUNCIL MEETING DATE: September 1,2009 ITEM #:-.8 . C . mm................. ............ ....m m............................................................................m...... .......................................... .............................. .....................mm.................... .......... ............................................ ................. ..........................................................................................................................m............................ .............mm CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CRIMINAL CODE UPDATE POLICY QUESTION: SHOULD THE CITY COUNCIL AMEND FEDERAL WAY REVISED CODE 6.20.010 TO INCORPORATE STATE LAW REGARDING SEXUAL MISCONDUCT WITH A.MINOR IN THE SECOND DEGREE? COMMITTEE: PRHS&PS MEETING DATE: August 11, 2009 CATEGORY: D Consent D City Council Business t2J Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: PATRICIA RICHARDSON DEPT: Law In reviewing the recent changes in State law, it was discovered that the reference incorporating Sexual Misconduct with a Minor in the Second Degree was inadvertently omitted. This amendment adds this crime to the Federal Way Revised Code. Attachments: Proposed ordinance amending FWRC 6.20.010 to incorporate State Law - Sexual Misconduct with a minor in the second degree. Options Considered: 1. Approve the proposed ordinance modifYing FWRC 6.20.010. 2. Reject the proposed ordinance modifYing FWRC 6.20.010 CITY MANAGER ApPROVAL: ftf1( Committee fAt< Council COMMITTEE RECOMMENDATION: ROPOSED COUNCIL MOTION: oval of Option 1 modifying Federal Way Revise Code 6.20.010 " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Sexual Misconduct with a Minor in the Second Degree; amending FWRC 6.20.010. (Amending Res. No. 09-539, ~ 1,1-6-09; Ord. Nos. 04-463, ~ 1, 8-3-04; 02-429, ~ 3,11-19-02; 00-374, ~ 1,9-19-00; 91-106, ~ 1, 8-20-91; 91-89, ~ 1(9.10.010),3-5-91. Code 2001 ~ 6-61.) WHEREAS, Federal Way Revise Code ('FWRC") 6.20.010 adopts criminal statutes by reference to the State Law as codified in the Revised Code of Washington "RCW"; and WHEREAS, RCW 9A.44.096, Sexual Misconduct with a Minor in the Second Degree is a gross misdemeanor; and WHEREAS, FWRC 6.20.010 does not reference RCW 9A.44.096; and WHEREAS, the City Council of Federal Way finds it is in the best interest ofthe citizens to incorporate the State Law into the FWRC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 6.20.010 shall be amended to read as follows: 6.20.010 Statutes adopted. The following state statutes are adopted by reference: RCW 9.02.050 9A.42.010 9A.42.035 9A.42.037 9A.42.080 9A.42.090 9A.42.110 9A.44.096 13.32A.080 Concealing birth. Definitions. Criminal mistreatment in the third degree. Criminal mistreatment in the fourth degree. Abandonment of a dependent person in the third degree. Abandonment of a dependent person - Defense. Leaving a child in the care of a sex offender. Sexual misconduct with a minor in the second degree. Unlawful harboring of a minor - Penalty - Defense - Prosecution of adult for involving child in commission of offense. Ordinance No. 09- Page J of3 Rev 3/09 70.155.080 Purchasing, possessing by persons under eighteen - Civil infraction - Jurisdiction. 70.155.105 Delivery sale of cigarettes - Requirements, unlawful practices - Penalties - Enforcement. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No. 09- Page 2 of 3 Rev 3/09 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: EFFECTNE DATE: ORDINANCE NO.: K:\Ordinance\2009\Criminal update - sex with minor 2d degree Ordinance No. 09- Page 3 of3 Rev 3/09 day of COUNCIL MEETING DATE: September 1, 2009 ITEM#: 0d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDING THE EXISTING AND EXECUTING A NEW INTERLOCAL AGREEMENT RELATING TO SOUTH CORRECTIONAL ENTITY FACILITY "SCORE" POLICY QUESTION: Should Council amend the exisitng interlocal agreement relating to SCORE and enter into a new agreement with the cities of Renton, Auburn and Des Moines and SCORE? COMMITTEE: FEDRAC MEETING DATE: August 25,2009 CATEGORY: D Consent D City Council Business l:8J Ordinance D Resolution D D Public Hearing Other ~!~~J.<:~~<:>'~!!lY:~!J.:'::l:~!.~~g~~~i.~~~'?i.l;l}.~<:l!.Yi.~<:l~~~i.~i.~~~!<?~ DEPT: City Manager's Office ATTACHMENTS: A. B. e. STAFF MEMO Proposed Ordinance Redlined Copy of Amended and Restated SCORE Interlocal Agreement SUMMARY /BACKGROUND: The attached staff report details the background of this partnership and the reasons for the proposed amendment to the existing interlocal and proposed new interlocal agreements. In summary, the revised term requires: 1. Des Moines's contribution/payment to SCORE shall be calculated on the same basis as regular member cities; 2. Des Moines may be required to make additional capital or M&O contributions on the same basis of regular members; 3. The City of Des Moines agrees to make all payments when assessed and due; 4. SCORE will account for and hold separately all Host City Fee payments received from Des Moines; 5. Des Moines may not withdraw its membership and terminate its participation for long as the bonds are outstanding; 6. The obligation of Des Moines to pay the Host City Fee is an irrevocable full faith and credit obligation of Des Moines; and 7. Should the City of Des Moines fulfill their obligation of all contributions and assessments when due, the city should receive proportional equity upon SCORE dissolution calculated on the same basis and manner as regular members. OPTIONS: 1. Authorize placing approval of the proposed ordinance on the September 1, 2009 City Council agenda for first reading and enactment. 2. Deny approval of the proposed ordinance and provide staff with further direction. STAFF RECOMMENDATION: Staff recommends immediately enacting the ordinance amending the existing interlocal agreement relating to "SCORE" and executing a new interlocal agreement among the cities of Renton, Auburn and Des Moines and SCORE. CITYMANAGERApPROVAL: .jJl.t./Wl fip,j~ ./}\,.J.t.:M.<PU.>\DlRECTORAPPROVAL: Committee I ~ Council 7;;//-- Enc Faison, Committee Member PROPOSED COUNCIL MOTION: "I move to enact the proposed ordinance amending the interlocal agreement relating to "SCORE" and approve executing a new interlocal agreement among the cities of Renton, Auburn and Des Moines and SCORE. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # Exhibit A CITY OF FEDERAL WAY MEMORANDUM Date: To: August 20, 2009 Mike Park, Chair Finance, Economic Development and Regional ~ ~mittee Bryant Enge, Financial Services Administrator--p /f)[ L- Brian Wilson, Interim City Manager Amending Existing Interlocal Agreement with SCORE and approving a new Interlocal Agreement with the cities of Des Moines, Renton and Auburn From: Via: Subject: Background The City of Federal Way determined that a consolidated correctional facility would provide improved facilities at a lower total cost than currently available alternatives or than the city could individually provide. As a result, the City of Federal Way entered into an interlocal agreement, along with six (6) other cities, to finance the acquisition, construction, and equipping the South Correctional Entity ("SCORE") facility. Issue 1 Typically when a city issues debt, a thorough review of a city's financial condition is completed by bond rating agencies. Based on their findings, the bonds are given a rating. A city's bond rating is a reflection of its creditworthiness and affects the cost to the city of issuing debt. A major benefit of a rating is wider access to capital. The ratings affect the interest rates of the bonds. Rating agencies use different methodologies for rating composite bond issues, such as the proposed financing for the SCORE facility. For instance, some rating agencies use the "weakest link" methodology, assigning the composite bond issue the rating of the lowest-rated municipality, while some use a blended rating. As part of the SCORE financing, the two leading credit agencies, Moody's and Standard and Poor's, reviewed the financial condition of each participating city. Moody's down graded Des Moines' Limited Tax General Obligation rating to Baa1. While this rating is investment grade, it is lower than any of the other cities participating in SCORE. Federal Way received a credit rating of A1, which is three rating categories above a Baa1. (Moody's rating scheme is A 1, A2, A3 then Baa1, Baa2 ... etc, the larger the # the lower the credit quality) Recommendation A triple B rated bonds will surely see higher borrowing costs in the form of both interest rates and underwriting costs (harder to sell) and bond insurance cost if it is available. Consequently, to avoid higher financing costs, after reviewing available options it has been recommended that the SCORE formation documents be amended to remove Des Moines as an obligor on the bonds. Under the proposed plan, the City of Des Moines will not be a regular member to SCORE and will not be directly obligated to SCORE debt. The Cities of Auburn, Federal Way, and Renton will increase their obligation by 2%, 1 % and 2%, respectively, to account for the 5% of bond financing that Des Moines had previously agreed to. The majority of changes to the original SCORE interlocal agreement relate to pulling out the obligation of Des Moines to pay a capital contribution. To accomplish this a few new definitions were created, including "Host City" (which is Des Moines), and "Owner Cities" (Renton, Auburn, Federal Way, Tukwila, Burien, and SeaTac), and together they are "Member Cities." Des Moines will have all of the same rights and obligations as it currently has (including paying costs of maintenance and operation of the SCORE facility based on its use) with the exception of its obligation to pay debt service on bonds. In consideration for Auburn, Federal Way and Renton to increase their capital contributions by 2%, 1 % and 2%, respectively, these three cities will enter into an agreement with Des Moines and SCORE pursuant to which Des Moines will pay a "Host City Fee" for the availability of the jail. The Host City Fee is equal to 5% of the principal and interest due on bonds, and is payable to SCORE at the same time that other capital contributions are due from Owner Cities under the SCORE Interlocal Agreement. The obligation of Auburn, Renton, and Federal Way under the SCORE Interlocal Agreement is not contingent on Des Moines making its payments under this separate document. Des Moines may not withdraw its membership. In the event that Des Moines fails to pay the Host City Fee when due, Federal Way, along with Auburn, Renton, and SCORE may terminate the agreement. Federal Way's exposure to Des Moines failure to pay this Host Fee is approximately $60,000 annually. If the Host City agreement is terminated, Des Moines could enter into a Subscribing Agency agreement under terms and conditions as the Member Cities deem appropriate or the Member Cities may choose to discontinue providing correctional services. If Des Moines becomes a Subscribing Agency, the incremental difference in the daily rate between a Member City and a Subscribing Agency is projected to generate revenue to offset a major portion, if not all of the debt service that would be absorbed by Federal Way, Auburn, and Renton. Des Moines obligation to pay is an irrevocable full faith and credit obligation. In the event the Des Moines fails to comply with the terms and conditions of the agreement the city potentially could seek civil action to recover its cost. Also, Des Moines would forfeit all rights to land and property held by SCORE or any equity in the SCORE Facility. In summary the revised term requires: 1. The city of Des Moines's maintenance and operation contribution/payment to SCORE shall be calculated on the same basis as regular member cities; 2. The city of Des Moines will make a separate Host City Fee payment to SCORE in-lieu of annual capital facilities charge (for debt service); 3. The city of Des Moines may be required to make additional capital or M&O contributions on the same basis of regular members; 4. The city of Des Moines agrees to make all payments when assessed and due; 5. SCORE will account for and hold separately all Host City Fee payments received from Des Moines and to be allocated only to Auburn, Federal Way, and Renton; 6. Des Moines may not withdraw its membership and terminate its participation for long as the bonds are outstanding; 7. The obligation of Des Moines to pay the Host City Fee is an irrevocable full faith and credit obligation of Des Moines; and 8. Should the City of Des Moines fulfill their obligation of all contributions and assessments when due, the city should receive proportional equity upon SCORE dissolution calculated on the same basis and manner as regular members. Other Alternatives Other alternatives to removing Des Moines as an owner city were reviewed. These alternatives included funding a debt service reserve fund and adding a "step-up provision". The debt service reserve fund would add about $6 million to the borrowing. The "step-up" provision would require that all participants' obligations would increase to the total amount of the issue. So, Federal Way would have to record up to a $100 million liability even though its ownership is approximately $16 million. In addition to recording a very large liability, each city would need to have the authorized debt capacity to take on 100% of the bonds, which was not possible. If we do nothing and take a lower rating, it is estimated to cost SCORE another 100-125 basis points in interest rates (1.0% to 1.25%). Issue 2 The existing SCORE interlocal agreement called for facility generated revenues to be allocated based on each Members City's proportional actual average daily population (ADP). The methodology to allocate facility generated revenues currently does not consider a Member City's capital investment. Recommendation The primary revenue source is anticipated to be fees paid by Subscribing Members for correctional services at the SCORE facility. The basis of this fee will take into account the total cost of the providing correctional services, including the capital cost of the facility. This amendment revises the revenue allocation methodology to provide the ability to recover some portion of debt service from revenues generated by the facility. This portion will be determined by calculating the percentage of annual debt service cost to the total cost of operating the facility, including debt service. So that, if the cost of annual debt service is $6 million and the cost of maintenance and operations is $18 million, then the total cost is $24 million. In this case, the cost of annual debt service represents 25% (6/24) of the total cost; and therefore 25% of revenue generated by the facility would be applied as a credit against the cost of annual debt service based on each Member Cities' capital contribution. Similarly, the cost of annual maintenance and operation is 75% (18/24) of the total cost; and therefore 75% of revenue generated by the facility would be applied as a credit against the cost of maintenance and operations based on actual ADP. This process will be defined in the SCORE Financial Policies, which are approved by the Administrative Board. Other Alternatives Revenues could be allocated based solely on each Member City's capital contribution or solely on use. A methodology based solely on use fails to consider unanticipated swings in ADP (swings above or below 2007 average ADP, which was a major component of the SCORE financing model) and its consequences. A methodology based solely on capital contribution does not consider the changes in ADP and its impact on Member Cities' cost of maintenance and operations. The cost of maintenance and operations are allocated to each Member City based on their actual ADP. Therefore, failure to consider each Member City's use of the SCORE facility (based on ADP) in the methodology to allocate revenues could end in results that greatly differs from the vision of the financial model. Exhibit B ORDINANCE NO. AN ORDINANCE ofthe City of Federal Way, Washington, authorizing the execution of an amended and restated interlocal agreement relating to the South Correctional Entity Facility; authorizing the execution of an interlocal agreement among the Cities of Renton, Auburn, and Des Moines, Washington], and the South Correctional Entity. (Amending Ordinance No. 09-603) WHEREAS, the City of Federal Way, Washington (the "City") is authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, pursuant to Ordinance No. 09-603 adopted by the City on February 17,2009 and chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into a SCORE Interlocal Agreement with Renton, Auburn, Burien, Des Moines, Tukwila and SeaTac, Washington (the "Member Cities"), dated February 25, 2009 (the "Original Interlocal Agreement"), to form a governmental administrative agency known as the South Correctional Entity ("SCORE"); and WHEREAS, the purpose of SCORE is to establish and maintain a consolidated correctional facility to be located in Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and Ordinance No. 09- Page 1 of 33 Rev 7/09 WHEREAS, financing for the acquisition, construction, equipping, and improvement ofthe SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public Development Authority (the "Authority"), a public development authority chartered by Renton pursuant to RCW 35.21.730 through 35.21.755; and WHEREAS, pursuant to Ordinance No. 09-603, the City pledged its full faith and credit toward the payment of its allocable proportion 17% of the debt service on bonds issued by the Authority; and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement pursuant to the terms of an Amended and Restated SCORE Interlocal Agreement (the "SCORE Interlocal Agreement") to reallocate the proportional share of debt service due from Renton, Auburn, Federal Way, Tukwila, SeaTac and Burien (the "Owner Cities") on bOl1ds issued by the Authority and to designate Des Moines as the "host city"; and WHEREAS, the SCORE Interlocal Agreement requires that Des Moines enter into an agreement with SCORE and the Owner Cities, as necessary, pursuant to which the City will pay a host city fee for its use ofthe SCORE Facility; and WHEREAS, Des Moines has requested that the City enter into a separate interlocal agreement with Federal Way, Des Moines and SCORE (the "Interlocal Agreement") which will provide, in part, that Des Moines pay a host city fee for use of the SCORE Facility as provided therein; and WHEREAS, in consideration for the payments to be made by Des Moines as provided in the Interlocal Agreement, the City now desires to increase it allocable percentage of debt service on bonds issued by the Authority and to amend and restate the Original Interlocal Agreement as provided herein; and Ordinance No. 09- Page 2 of 33 Rev 7/09 WHEREAS, the potential adverse impacts on the public health, property, safety and welfare ofthe City and its citizens ifthis Ordinance did not take effect immediately, justify the declaration of an emergency and the designation ofthis ordinance as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Approval of Amended and Restated SCORE Interlocal Agreement. The City Council hereby approves the Amended and Restated SCORE Interlocal Agreement with Renton, Auburn, Des Moines, Tukwila, Burien, and SeaTac, Washington, substantially in the form as attached hereto as Exhibit A and incorporated herein by this reference (the "SCORE Interlocal Agreement"). The Mayor is hereby authorized and directed to execute the SCORE Interlocal Agreement, substantially in the form attached hereto with only those modifications as shall have been approved by him. The Mayor and other appropriate officers of the City are authorized and directed to take any and all such additional actions as may be necessary or desirable to accomplish the terms therein. The SCORE Interlocal Agreement may be further amended from time to time as provided therein. Section 2. Approval of Interlocal Agreement. The City Council hereby approves the Interlocal Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and the South Correctional Entity, substantially in the form as attached hereto as Exhibit B and incorporated herein by this reference (the "Interlocal Agreement"), pursuant to which Des Moines will pay a host city fee for its use of the SCORE Facility. The Mayor is hereby authorized and directed to execute the Interlocal Agreement, substantially in the form attached hereto with only those modifications as shall have been approved by him. The Mayor and other appropriate Ordinance No. 09- Page 3 of 33 Rev 7/09 officers of the City are authorized and directed to take any and all such additional actions as maybe necessary or desirable to accomplish the terms therein. The Interlocal Agreement may be amended from time to time as provided therein. Section 3. Amendment to Ordinance No. 09-603. Section 4 of Ordinance No. 09-603 is hereby amended to read as follows (additions are underscored and deletions are shown as stricken): The City shall pay its allocable portion ofthe budgeted expenses of maintenance and operation of the SCORE Facility not paid from other source~, which allocable portion shall be determined as provided in the Interlocal Agreement. In addition to the foregoing commitment, the City irrevocably commits to pay its capital contribution in the percentage provided for in the Interlocal Agreement, which is equal to ++ 18%, to pay debt service on Bonds as the same shall become due and payable and to pay administrative expenses ofthe Authority with respect to the Bonds (the "Capital Contribution"). The authorization contained in this ordinance is conditioned upon the issuance of Bonds not exceeding the aggregate principal amount of $100,000,000 (not including any bonds or notes to be refunded with proceeds of such Bonds) without obtaining additional Council approval. The City recognizes that it is not obligated to pay the Capital Contribution of any other Member City; the Capital Contribution of the City shall be limited to its ++ 18% allocable share of such obligations; all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction; and the City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the Interlocal Agreement. All payments with respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer ofthe Bonds to be issued by the Authority. The City's obligation to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of the City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors ofthe City on all ofthe taxable property within the City and other sources of revenues available therefore. The City hereby obligates itself and commits to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as any Bonds issued by the Authority remain outstanding. Section 4. Confirmation of Ordinance 09-603. Ordinance No. 09-603 and as amended by this amendatory ordinance is hereby ratified and confirmed. Section 5. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional Ordinance No. 09- Page 4 of 33 Rev 7/09 or invalid for any:r:eason, 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 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. By unanimous consent, the Council finds that this ordinance is needed for the immediate 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 September 10, 2009. 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 Ordinance No. 09- Page 5 of 33 Rev 7/09 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 09- Page 6 of 33 Rev 7/09 EXHIBIT A Form of Amended and Restated SCORE Interlocal Agreement (attached) Ordinance No. 09- Page 7 of 33 Rev 7/09 AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT among CITY OF AUBURN, CITY OF DES MOINES, CITY OF FEDERAL WAY, CITY OF RENTON, CITY OF TUKWILA, CITY OF BURIEN, AND CITY OF SEATAC, WASHINGTON , 2009 Dated as of Ordinance No. 09- Page 8 of 33 Rev 7/09 TABLE OF CONTENTS Pae:e Section 1. Definitions........................................................................................... ... ............... 11 Section 2. SCORE Facility; Authority ................................................................................... 12 Section 3. Duration of Agreement.......................... ..... .... ........... ............... ............. ... ............ 14 Section 4. Withdrawal and Termination.... ........................... .............................. ............ ....... 14 Section 5. Administrative Board................................................................ ............ ............ .... 15 Section 6. Operations Board.............................................................. ..................... ....... ........ 17 Section 7. Facility Director..................... ........ ......................... ............................. .... ... .......... 17 Section 8. Personnel Policy....................................... ............................................................. 18 Section 9. Budget, Policies and Operations ................ ............... ....... .................. ........... ........ 18 Section 10. Contracts and Support Services ............................................................................ 18 Section 11. Policy and System Evaluation............................................................................... 19 Section 12. Additional Services Authorized. ............ ........... ................ ...... ...... ... .......... ........... 19 Section 13. Inventory and Property... ........ ................ ......... ..... ................. ....... ......................... 19 Section 14. Local Control.......... ......... .... ...................... ................ ..... ........... ....... .... ....... ...... ... 20 Section 15. SCORE Facility Financing and Construction; SCORE Facility Public Development Authority. .................. ..... ............ ........... ................ ....... ........ ........... 20 Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property.............................. 22 Section 17. Compliance with Continuing Disclosure Requirements....................................... 23 Section 18. Filing of Agreement...................................... ........ ....... ...................... ....... .... ........ 23 Section 19. Severability................................................. ............................ ........... ............ ....... 23 Section 20. Execution and Amendment...................................................................................23 Section 21. Third Party Beneficiaries ......................................................................................24 Section 22. Hold Harmless........................................................................................... ... ........ 24 Section 23. Counterparts.......................................................................................................... 24 Ordinance No. 09- Page 9 of 33 Rev 7/09 AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT THIS AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT ("Agreement") amends and restates the SCORE Interlocal Agreement, dated as of February 25, 2009 (the "Original Interlocal Agreement" and as amended and restated hereby, the "Agreement"), and is entered into this ,2009 among the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington (the "Member Cities"), all of which are municipal corporations under the laws and statutes of the State of Washington: RECITALS: WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, the Member Cities currently contract with other local governments within the State of Washington for correctional services at a great expense to the City; and WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Member Cities entered into a SCORE Interlocal Agreement, effective February 25,2009 (the "Original Interlocal Agreement"), to form a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility to be 10cated in the City of Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement ofthe SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public Development Authority (the "SCORE Facility Public Development Authority"), a public development authority chartered by the City of Renton pursuant to RCW 35.21.730 through 35.21.755 and secured by the full faith and credit of the Cities of Renton, Auburn, Federal Way, SeaTac, Tukwila, and Burien (the "Owner Cities"); and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement to allocate the proportion of debt service on bonds issued by the SCORE Facility Public Development Authority to each of the Owner Cities and to designate the City of Des Moines as the host city; and Ordinance No. 09-_ Page 10 of33 Rev 7/09 WHEREAS, the establishment and maintenance ofthe SCORE Facility will be of substantial benefit to the Member Cities and the public in general; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Section 1. Definitions. Capitalized terms used in this Agreement shall have the following meanings: "Administrative Board" means the governing board of SCORE created pursuant to Section 5 of this Agreement. "Agreement" means this Amended and Restated SCORE Interlocal Agreement among the Member Cities, as amended from time to time. "Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the SCORE Facility Public Development Authority to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. "Budget" means the budget prepared by the Facility Director in consultation with the Operations Board, and submitted to the Administration Board for its approval in accordance with Section 5 and Section 9 ofthis Agreement, which budget shall set forth (a) an estimate of the costs of capital improvements required to be made to the SCORE Facility within the applicable year, (b) on a line item basis, all anticipated revenues and expenses for the operation and maintenance of the SCORE Facility for the applicable year, and (c) any information required by policies adopted by the Administrative Board pursuant to Section 9(b) of this Agreement. "Capital Contribution" means, for each Owner City, that Owner City's Owner Percentage multiplied by the principal of and interest on Bonds as the same shall become due and payable. "Costs of Maintenance and Operation" means all reasonable expenses incurred by SCORE in causing the SCORE Facility to be operated and maintained in good repair, working order and condition, and all costs of administering SCORE. "Designated Representative" means the Mayor or the City Manager, as selected by each Member City, or his or her designee. "Facility Director" means the director ofthe SCORE Facility selected by the Administrative Board pursuant to Section 7 of this Agreement. "Host City" means the City of Des Moines, Washington. "Member Cities" mean the Owner Cities and the Host City. Ordinance No. 09- Page 11 of 33 Rev 7/09 "Operations Board" means the board formed pursuant to Section 6 of this Agreement. "Owner Cities" mean the Cities of Auburn, Renton, Federal Way, Tukwila, Burien and SeaTac, Washington. "Owner Percentage" means the percentage assigned to each Owner City, as follows: (a) Auburn - thirty-one (31 %) (b) Federal Way- eighteen (18%) (c) Renton - thirty-six (36%) (d) Tukwila - eight (8%) (e) Burien - four (4%) (f) SeaTac - three (3%) "Presiding Officer" means the member of the Administrative Board selected pursuant to Section 5 of this Agreement. "SCORE" means the governmental administrative agency established pursuant to RCW 39.34.030(3) by the Member Cities. "SCORE Facility" means the consolidated correctional facility acquired, constructed, improved, equipped, maintained and operated by SCORE. "SCORE Facility Public Development Authority" means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. "Subscribing Agencies" mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities, that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms of this Agreement. Section 2. SCORE Facility: Authoritv. (a) Administrative Agency. There is hereby established a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional Entity ("SCORE"). SCORE shall initially consist of the Member Cities. (b) Powers of SCORE. SCORE shall have the power to acquire, construct, own, operate, maintain, equip, and improve a correctional facility known as the "SCORE Facility" and to provide correctional services and functions incidental thereto, for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the jurisdiction of the Member Cities. The SCORE Facility may serve the Member Cities and Subscribing Agencies which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in Ordinance No. 09- Page 12 of33 Rev 7/09 writing and approved by SCORE as provided herein. (c) Administrative Board. The affairs of SCORE shall be governed by the Administrative Board formed pursuant to Section 5 of this Agreement. The Administrative Board shall have the authority to: 2. 3. 4. Ordinance No. 09- 1. Recommend action to the legislative bodies of the Member Cities; Approve the Budget, adopt financial policies and approve expenditures; Establish policies for investing funds and incurring expenditures of Budget items for the SCORE Facility; Review and adopt a personnel policy for the SCORE Facility; 5. Establish a fund, or special funds, as authorized by chapter 39.34 RCW for the operation of the SCORE Facility; 6. Conduct regular meetings as may be designated by the Administrative Board; 7. Determine what services shall be offered at the SCORE Facility pursuant to the powers of SCORE and under what terms they shall be offered; 8. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this Agreement; 9. Establish rates for services provided to members, subscribers or participating agenCIes; 10. Direct and supervise the activities of the Operations Board and the Facility Director; 11. Enter into an agreement with a public corporation or otherwise to incur debt; 12. Make purchases or contract for services necessary to fully implement the purposes of this Agreement; 13. Enter into agreements with and receive and distribute funds from any federal, state or local agencies; 14. Receive and account for all funds allocated to the SCORE Facility from its members; 15. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the SCORE Facility; Page 13 of33 Rev 7/09 16. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of property and assets; 17. Sue and be sued, complain and defend, in all courts of competent jurisdiction in its name; 18. Make and alter bylaws for the administration and regulation of its affairs; 19. Enter into contracts with Subscribing Agencies to provide correctional servIces; 20. Employ employees as necessary to accomplish the terms of this Agreement; 21. Establish policies and procedures for adding new cities as parties to this Agreement; and 22. Engage in any and all other acts necessary to further the goals of this Agreement. Section 3. Duration of A2reement. The initial duration of this Agreement shall be for a period often (10) years from its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority as provide in Section 15 of this Agreement are no longer outstanding. Section 4. Withdrawal and Termination. (a) Subject to Section 4(g) below, any Member City may withdraw its membership and terminate its participation in this Agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in anyone-year. After providing appropriate notice as provided in this Section, that Member City's membership withdrawal shall become effective on the last day ofthe year following delivery and service of appropriate notice to all other Member Cities. (b) Subject to Section 3 above, four (4) or more Member Cities may, at anyone time, by written notice provided to all Member Cities, call for a termination of SCORE and this Agreement. Upon an affirmative supermajority vote (majority plus one) by the Administrative Board, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this Agreement. Upon the final termination date, this Agreement shall be fully terminated. Ordinance No. 09- Page 14 of33 Rev 7/09 (c) Subject to Section 4(g) below, in the event any Owner City or the Host City fails to budget for or provide its applicable annual funding requirements for SCORE as provided in Section 15 hereof, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be terminated from this Agreement and to have forfeited all its rights under this Agreement as provided in Section 4( e). The remaining Member Cities may, at their option, withdraw SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. (d) Time is of the essence in giving any termination notice. ( e) If an individual Owner City withdraws its membership in SCORE, the withdrawing City will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administrative Board. (f) Upon termination of this Agreement, all property acquired during the life of this Agreement shall be disposed of in the following manner: 1. All real and personal property acquired pursuant to this Agreement shall be distributed to the Owner Cities based on the Owner Percentages; and 2. All unexpected funds or reserve funds shall be distributed based on the percentage of average daily population at the SCORE Facility for the last three (3) years prior to the termination date of those Member Cities still existing on the day prior to the termination date. (g) Notwithstanding any ofthe other rights, duties or obligations of any Member City under this Section 4, the withdrawal of any Owner City from this Agreement shall not discharge or relieve the Owner City that has withdrawn pursuant to Section 4( a) or been terminated pursuant to Section 4( c) of its obligation to pay debt service on Bonds issued by the SCORE Facility Public Development Authority. An Owner City may be relieved of its obligation under this Agreement to make payments with respect to its Capital Contribution if the Administrative Board, by supermajority vote (majority plus one), authorizes such reliefbased on a finding that such payments are not required to pay debt service on Bonds issued by the SCORE Facility Public Development Authority. Section 5. Administrative Board. (a) Formation. An Administrative Board composed of the Designated Representative from each Member City shall govern the affairs of SCORE. (b) Allocation of Votes. Each Board member shall have an equal vote and voice in all Board decisions. Ordinance No. 09- Page 15 of33 Rev 7/09 (c) Voting Requirements. Votes regarding (1) debt; (2) approval of the Budget; (3) employment of the Facilities Director; (4) cost allocations made prior to the issuance of Bonds pursuant to Section 16 of this Agreement; and (5) approval of labor contracts, shall require an affirmative vote of a supermajority (majority plus one) ofthe Member Cities, two (2) of which shall have the highest and the second highest average daily population in the SCORE Facility for the 12- month period ending June 30 of the preceding year. Votes regarding (1) the conveyance of real property; (2) the addition of additional services pursuant to Section 11 ofthis Agreement not directly incidental to correctional services (such as providing court services); and (3) matters addressed in Sections 4(b) and (g) of this Agreement, shall require an affirmative vote of a supermajority (majority plus one) of the Member Cities. (d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of Order (newly revised) shall govern all procedural matters relating to the business of the Administrative Board. ( e) Officers of the Administrative Board. Members of the Administrative Board shall select a Presiding Officer from its members, together with such other officers as a majority of the Administrative Board may determine. Subject to the control of the Administrative Board, the Presiding Officer shall have general supervision, direction and control ofthe business and affairs of SCORE. On matters decided by the Administrative Board, the signature of the Presiding Officer alone is sufficient to bind SCORE. (f) Meetings of the Administrative Board. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday of February of each year to review the prior year's service. The second meeting shall be on the second Tuesday of September of each year to consider and adopt a Budget for the following fiscal year. Other meetings may be held upon request of the Presiding Officer or any two members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Five (5) members of the Administrative Board must be present at any meeting of the Administrative Board to comprise a quorum, and for the Administrative Board to transact any business. Proxy voting shall not be allowed. Members ofthe Administrative Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members ofthe Administrative Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. (g) Bylaws. The Administrative Board shall be authorized to establish bylaws that govern procedures of that Board and the SCORE Facility's general operations. (h) Administrative Board Review. A general or particular authorization or review and concurrence of the Administrative Board by majority vote shall be necessary for all capital expenditures or contracts in excess of $50,000. Ordinance No. 09- Page 16 of 33 Rev 7/09 Section 6. Operations Board. (a) Formation. There is further established an Operations Board which shall consist of up to nine (9) members selected as provided in this paragraph. One (1) member shall be designated by each of the Member Cities, and up to two (2) at-large members shall be selected, by majority vote, by the Subscribing Agencies to represent the police departments of the Subscribing Agencies. At the time set for election ofthe at-large members, only the representatives of the Subscribing Agencies, then in attendance, will participate in the election. The Member Cities' Operations Board representatives shall not participate in the at-large member elections. The at-large members shall serve one-year terms, unless otherwise determined by majority vote of the Operations Board. The purpose and duties of the Operations Board shall be established by the Administrative Board. (b) Voting and Meetings ofthe Ooerations Board. Each member of the Operations Board shall have an equal vote in all Operations Board decisions. The Operations Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operations Board. The Operations Board shall elect a presiding officer from its members and shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall be held each month at a time and place designated by the presiding officer or a majority of its members. Special meetings may be called by the presiding officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operations Board may dispense with written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all of the members of the Operations Board. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. A majority of the members of the Operations Board must be present at any meeting of the Operations Board to comprise a quorum, and for the Operations Board to transact any business. ~roxy voting shall not be allowed. Members of the Operations Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Operations Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. Section 7. Facilitv Director. Not later than one hundred eighty (180) days prior to the completion of the SCORE Facility, the Operations Board shall recommend to the Administrative Board a person to act as the Facility Director. The Administrative Board may accept or reject the Operations Board recommendation. Such Facility Director shall be responsible to the Administrative Board, shall develop the Budget in consultation with the Operations Board and other appropriate means in order to fully implement the purposes of this Agreement. The Facility Director shall administer the program in its day-to-day operations consistent with the policies adopted by the Administrative Board. Such Facility Director shall have experience in technical, financial and administrative fields, and such appointment shall be Ordinance No. 09- Page 17 of33 Rev 7/09 on the basis of merit only. Section 8. Personnel Policy. (a)The Operations Board shall submit to the Administrative Board within one hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel policy for the SCORE Facility for its approval, rejection or modification. All of such modifications or revisions shall be subject to the final approval of the Administrative Board. (b )Such personnel policy shall provide for the initial appointment to the SCORE Facility's staff from the personnel presently, permanently appointed or assigned as corrections officers in the Member Cities. Additional employees shall be appointed by the Facility Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. Section 9. Budl!et. Policies and Operations. (a) The Facility Director shall distribute a proposed Budget to the Operations Board on or before August I of each year, which Budget shall then be provided to the Administrative Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised ofthe programs and objectives as contained in said proposed Budget, and ofthe required financial participation for the ensuing year. (b) The Administrative Board shall develop financial policies for SCORE as part of the budgetary process. Such policies may include, but are not limited to, (1) items to be provided for in the Budget, (2) a minimum contribution amount for each Member City to pay for Costs of Maintenance and Operation, (3) the process for allocating unexpended amounts paid by the Member Cities for Costs of Maintenance and Operation and assessing the Member Cities in the event of cost overruns, (4) establishing and maintaining reserve accounts, if any, and (5) the process for adding a new party to this Agreement. (c) The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this Agreement. Section 10. Contracts and Support Services. (a) The Administrative Board (or the Operations Board or the Facility Director, if so designated by the Administrative Board) shall, as necessary, contract with local governments for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Facility Director for the SCORE Facility. Ordinance No. 09- Page 18 of33 Rev 7/09 (b) The Member Cities hereby agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a Member City, other local government, or independent legal counsel as necessary. Section 11. Policv and Svstem Evaluation. The Facility Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members ofthe general public. The Facility Director shall present his or her recommendations to the Operations Board from time to time. Any substantive change or deviation from established policy shall be subject to the prior approval ofthe Administrative Board. Section 12. Additional Services Authorized. The Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems, and consolidated court services. Section 13. Inventorv and Property. (a) Equipment and furnishings for the operation ofthe SCORE Facility shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE's use, title to the same shall remain with the respective local entity unless that equipment is acquired by SCORE. (b) The Facility Director shall, at the time of preparing the proposed Budget for the ensuing year, submit to the Operations Board a complete inventory together with current valuations 'of all equipment and furnishings owned by, leased or temporarily assigned to SCORE. In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending governmental entity and all other items, including real property, or funds derived from the sale thereof, shall be distributed in accordance with Section 4(f) above. (c) Title to real property purchased or otherwise acquired shall be held in the name of SCORE; provided however, that for valuable consideration received, SCORE may convey ownership of any real property as may be approved by supermajority vote (majority plus one) of the Administrative Board. Ordinance No. 09- Page 19 of33 Rev 7/09 Section 14. Local Control. Each Member City and Subscribing Agency shall retain the responsibility and authority for the operation of its police departments, and for such equipment and services as are required at its place of operation to utilize the SCORE Facility. Section 15. SCORE Facility Financin2 and Construction~ SCORE Facility Public Development Authoritv. (a) SCORE Facility. In order to provide necessary services for the Member Cities and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des Moines, Washington. (b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and the Presiding Officer of the Administrative Board, or his or her approved designee, will execute contracts for the development of the SCORE Facility~ These contracts shall include, without limitation, contracts for architectural design and engineering, project management services; real estate acquisition, and construction. (c) SCORE Facility Public Development Authority. In order to finance costs of acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has chartered the SCORE Facility Public Development Authority. The purpose ofthe SCORE Facility Public Development Authority is to issue Bonds to finance and refinance the acquisition, construction, improvement and equipping ofthe SCORE Facility. The Administrative Board shall serve ex officio as the Board of Directors ofthe SCORE Facility Public Development Authority as further provided in the Authority's organizational charter. Upon issuance of Bonds by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on behalf of SCORE and used for the purposes set ferth herein. SCORE shall be obligated to make payments to the SCORE Facility Public Development Authority at the time and in the amounts required to pay principal of and interest on the Bonds and any administrative costs ofthe SCORE Facility Public Development Authority. (d) SCORE Facilitv Financing. (1) Capital Contributions. Each Owner City shall be obligated to pay an amount equal to its Capital Contribution without regard to the payment or lack thereofby any other Owner City. No Owner City shall be obligated to pay the Capital Contribution of any other Owner City, and each Owner City shall be obligated to budget for and pay its Capital Contribution. The obligation of each Owner City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such Owner City, payable from property taxes levied within the constitutional and statutory authority provided without a vote ofthe electors of the Owner City on all of the taxable property within the Owner City and other sources of Ordinance No. 09- Page 20 of 33 Rev 7/09 revenues available therefor. Each Owner City has or will set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding, unless relieved of such payment in accordance with Section 4(g). Each Owner City's obligation to pay the Capital Contribution shall not be contingent on the receipt of any revenues from other sources, including but not limited to Subscribing Agencies or the Host City. An Owner City may prepay its Capital Contribution in a manner that is consistent with the authorizing documents for the Bonds; provided, however, that any such prepayment of one or more Owner Cities shall not affect the Capital Contribution of the remaining Owner Cities. Any Owner City that elects to prepay its Capital Contribution shall be responsible for paying all costs associated with such prepayment. (2) Costs of Maintenance and Operation. Subject to the terms of the financial policies established by the Administrative Board pursuant to Section 9(b) ofthis Agreement, each Member City shall be obligated to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility, including any debt issued to finance such costs, as determined in this subsection. (i) Until the end of the first calendar year of operations of the SCORE Facility (estimated to be December 31,2012), the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation in such year shall be equal to the Member City's 2007 average daily population in all correctional facilities (as provided in the SCORE financial policies) multiplied by the Costs of Maintenance and Operation. (ii) Commencing with the calendar year following the first calendar year of operations, the allocable portion that each Owner City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Owner City's average daily population in the SCORE Facility, as supplemented as necessary with the average daily population allocable to the Owner Cities in all correctional facilities, for the 12-month period ending June 30 of the preceding year. (iii) Commencing with the third calendar year of operations, the allocable portion that each Owner City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Owner City's average daily population in the SCORE Facility for the 12-month period ending June 30 ofthe preceding year. (e) Billing and Allocation of Revenues. Each Member City shall be billed for its Capital Contribution and its portion of Costs of Maintenance and Operation, as applicable, on a semiannual basis, or more frequently as determined by the Administrative Board, calculated as provided for in Section 15(d) above. Revenues received in a calendar year from Subscribing Agencies, the Host City or from sources other than the contributions described in Section 15( d) above shall be allocated Ordinance No. 09- Page 21 of33 Rev 7/09 among the Member Cities as provided in the financial policies approved by the Administrative Board. (f) Host Citv. Pursuant to RCW 35.21.740, the City of Des Moines, as the Host City, hereby authorizes the City of Renton to operate the SCORE Facility Public Development Authority within the corporate limits ofthe City of Des Moines in a manner consistent with the terms ofthis Agreement. The Host City shall enter into a written agreement with SCORE and any ofthe Owner Cities, as applicable, to establish a host city fee to be paid in exchange for its use of the SCORE Facility. (g) Tax-Exemption. The Member Cities shall not (1) make any use oftheproceeds from the sale of Bonds or any other money or obligations of the SCORE Facility Public Development Authority or the Member Cities that may be deemed to be proceeds of the Bonds pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds" within the meaning of said Section and said regulations, or (2) act or fail to act in a manner that will cause the Bonds to be considered obligations not described in Section 103(a) of the Code. (h) Additional Financing. Notwithstanding anything to the contrary in this Agreement, bonds, notes or other evidences of borrowing may be issued from time to time by the SCORE Facility Public Development Authority or another issuer pursuant a separate agreement between one or more Member Cities and other entities to provide additional financing for the SCORE Facility on terms as agreed upon by the parties thereto. (i) S-pecial Facilitv Designation. The SCORE Facility, including all equipment, furnishings, and fixtures is critical to the ability ofthe Member Cities and the Subscribing Agencies to provide necessary and secure correctional services and assure public safety. Consequently, the SCORE Facility is essential to the preservation ofthe public health, safety, and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special facilities subject to unique standards. Accordingly, based on the facts presented in this subsection, it is herby resolved that the established policy ofthe Member Cities is that the SCORE Facility constitutes a "special facility" under RCW 39.04.280(1 )(b), and all purchases of any kind or nature for the SCORE Facility shall be exempt from competitive bidding requirements as prescribed by Washington State statute but shall be governed by the procurement policy established by the Administrative Board as amended from time to time. Section 16. Preliminary Costs of the SCORE Facility: Bellevue Property The Administrative Board shall allocate costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility prior to the issuance of the Bonds by the SCORE Facility Public Development Authority among the Member Cities by an affirmative vote of a supermajority (majority plus one) ofthe ofthe Member Cities, two (2) of which shall have the highest and the second highest average daily population in the SCORE Facility for the 12-month period ending June 30 of the preceding year. Any costs of the SCORE Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of Bonds to the extent permitted by Ordinance No. 09- Page 22 of 33 Rev 7/09 law. The Member Cities hereby agree that any net proceeds received from the sale of the property located at 1440 116th Avenue NE, Bellevue, Washington and 1412 116th Avenue NE, Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with SCORE and used to finance costs associated with the design, acquisition, construction, improvement and equipping ofthe SCORE Facility. Section 17. Compliance with Continuin2 Disclosure Requirements To the extent necessary to meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission Rule 15c2-12 (the "Rule"), as applicable to a participating underwriter or remarketing agent for Bonds, each Owner City will enter into an undertaking in a form acceptable at the time to the participating underwriter or remarketing agent, as the case may be. Section 18. Filin2 of A2reement Upon execution, this Agreement shall be filed as required in RCW 39.34.040. Section 19. Severabilitv If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement. Section 20. Execution and Amendment This Agreement shall be executed on behalf of each Member City by its Designated Representative and pursuant to an appropriate motion, resolution or ordinance of each Member City. This Agreement shall be deemed adopted upon the date of execution by the last so Designated Representative. This Agreement may not be effectively amended, changed, modified or altered, except by an instrument in writing duly executed by the Designated Representative of each Member City and pursuant to an appropriate motion, resolution or ordinance of each Member City, so long as such amendment does not materially adversely affect the owners of the Bonds or affect the tax-exempt status of the interest paid on the Bonds. If the Bonds issued by the SCORE Facility Public Development Authority are rated by a rating agency, then no amendment that adds or removes an Owner City from this Agreement or revises Section 15 of this Agreement shall be permitted unless the SCORE Facility Public Development Authority has received written confirmation from the rating agency that such amendment will not result in a reduction or withdrawal of the rating on the Bonds. If the Bonds are not rated by a rating agency, then no such amendment as described in the preceding sentence will be permitted unless in the opinion of the SCORE Facility Public Development Ordinance No. 09- Page 23 of33 Rev 7/09 Authority such amendment will not materially adversely affect the owners ofthe Bonds. Section 21. Third Party Beneficiaries The SCORE Facility Public Development Authority and the holders from time to time ofthe Bonds shall be third party beneficiaries hereof and the commitments made herein shall be for their further benefit. Section 22. Hold Harmless The parties to this Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this Agreement, except to the extent that the harm complained of arises from the sole negligence of one ofthe participating members. Any loss or liability resulting from the negligent acts errors or omissions ofthe Administrative Board, Operations Board, Facility Director and or staff, while acting within the scope of their authority under this Agreement shall be borne by SCORE exclusively. Section 23. Counterparts This Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and year first written above. CITY OF AUBURN CITY OF RENTON By: By: CITY OF DES MOINES CITY OF TUKWILA By: By: CITY OF FEDERAL WAY CITY OF BURIEN By: By: CITY OF SEATAC By: Ordinance No. 09- Page 24 of 33 Rev 7/09 EXHIBIT B Form of Interlocal Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and the South Correctional Entity (attached) Ordinance No. 09- Page 25 of 33 Rev 7/09 HOST CITY AGREEMENT THIS HOST CITY AGREEMENT ("Host City Agreement") among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, all of which are municipal corporations under the laws and statutes ofthe State of Washington, and the South Correctional Entity, a governmental administrative agency formed pursuant to RCW 39.34.030(3) ("SCORE," and together with Renton, Federal Way, Auburn and Des Moines, the "Parties"), is entered into this ,2009: RECITALS: WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Cities of Auburn, Renton, Federal Way, Des Moines, Burien, SeaTac and Tukwila, Washington (the "Member Cities") entered into a SCORE Interlocal Agreement, dated February 25, 2009 (the "Original Interlocal Agreement"), to form a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility to be located in the City of Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public Development Authority (the "Authority"), a public development authority chartered by Renton pursuant to RCW 35.21.730 through 35.21.755; and WHEREAS, under the Original Interlocal Agreement, bonds issued by the Authority are secured by the full faith and credit of each Member City in the percentages set forth therein; and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement pursuant to the terms of an Amended and Restated SCORE Interlocal Agreement (the "SCORE Formation Interlocal Agreement") to reallocate the proportion of debt service on bonds issued by the Authority among Auburn, Renton, Federal Way, Burien, SeaTac, and Tukwila (the "Owner Cities") and to designate Des Moines as the host city; and Ordinance No. 09- Page 26 of33 Rev 7/09 WHEREAS, as the host city, Des Moines will have all of the same powers and privileges under the SCORE Formation Interlocal Agreement as the other Member Cities, including voting authority and obligations with respect to paying costs of maintenance and operation of the SCORE Facility, but is not obligated to make capital contributions toward the payment of debt service on bonds issued by the Authority; and WHEREAS, the SCORE Formation Interlocal Agreement requires Des Moines to enter into a written agreement with SCORE and the Owner Cities, as necessary, pursuant to which Des Moines will pay a host city fee for the availability of the SCORE Facility; and WHEREAS, the purpose of this agreement is to set forth the host city fee to be paid by Des Moines and provisions related thereto; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Section 1. Definitions. Capitalized terms used in this Host City Agreement shall have the following meanings. Capitalized terms used in this Host City Agreement not otherwise defined herein shall have the meanings given such terms in the SCORE Formation Interlocal Agreement. "Administrative Board" means the governing board of SCORE created pursuant to the SCORE Formation Interlocal Agreement. "Authority" means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. "Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the Authority to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. "Capital Contribution" shall have the meaning set forth in the SCORE Formation Interlocal Agreement. "Costs of Maintenance and Operation" means all reasonable expenses incurred by SCORE in causing the SCORE Facility to be operated and maintained in good repair, working order and condition, and all costs of administering SCORE. "Designated Representative" means the Mayor or the City Manager, as selected by each Member City, or his or her designee. "Host City Agreement" means this Host City Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington, and SCORE, as amended from time to time. Ordinance No. 09- Page 27 of33 Rev 7/09 "Host City Fee" means the fee to be paid by Des Moines as set forth in Section 2 of this Host City Agreement. "Member Cities" mean the Owner Cities and Des Moines. "Owner Cities" mean the Cities of Auburn, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington. "SCORE" means the governmental administrative agency established pursuant to RCW 39.34.030(3) by the Member Cities. "SCORE Facility" means the consolidated correctional facility acquired, constructed, improved, equipped, maintained and operated by SCORE. "SCORE Formation Interlocal Agreement" means the Amended and Restated SCORE Interlocal Agreement among the Member Cities, as may be further amended from time to time "Subscribing Agencies" mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities, that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms ofthe SCORE Formation Interlocal Agreement. Section 2. Host City Fee. A Host City Fee shall be paid by Des Moines for the availability of the SCORE Facility under the terms of this Host City Agreement and the SCORE Formation Interlocal Agreement. The Host City Fee shall be an amount equal to 5% ofthe principal of and interest due on Bonds issued by the Authority. In consideration ofthe payment of the Host City Fee, Des Moines shall not be obligated to make a Capital Contribution under Section 15( d)(l) of the SCORE Formation Interlocal Agreement. Payment of the Host City Fee as provided herein shall be in addition to and not in lieu ofthe obligation of Des Moines to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility as provided in Section 15(d)(2) ofthe SCORE Formation Interlocal Agreement. Section 3. Method and Timing ofPavments: Accounting and Allocation of Revenue. (a) Method of Payments. SCORE shall bill Des Moines its Host City Fee on a semiannual basis, or more frequently as determined by the Administrative Board. Payments shall be made by Des Moines in immediately available funds on the date when due. (b) Timing of Payments. Host City Fee payments shall be made by Des Moines to SCORE no later than the date which the Owner Cities are obligated to make Capital Contributions to pay debt service on Bonds issued by the Authority, as further provided in financial policies approved by the Administrative Board. (c) Accounting. SCORE shall account for and hold separately any payments received from Des Moines under this Host City Agreement from other amounts received by SCORE under the Ordinance No. 09- Page 28 of33 Rev 7/09 SCORE Formation Interlocal Agreement. Renton, Auburn, and Federal Way shall each have a 2/5, 2/5, and 1/5 interest, respectively, in any payments received by SCORE under the terms ofthis Host City Agreement, and such payments shall be credited against amounts owed by Renton, Auburn and Federal Way under the SCORE Formation Interlocal Agreement. Notwithstanding the foregoing, nothing in this Host City Agreement shall relieve Renton, Auburn or Federal Way from paying its Capital Contribution at the times and in the amounts required by Section 15(d)(1) of the SCORE Formation Interlocal Agreement. Section 4. Nature of the Obligation. The obligation of Des Moines to pay the Host City Fee in the amounts, at the times and in the manner described herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, abatement or otherwise. Des Moines hereby agrees to pay the Host City Fee at the times and in the amounts required hereunder regardless of whether the SCORE Facility is operating at any particular time. The obligation of Des Moines to pay the Host City Fee shall be an irrevocable full faith and credit obligation of Des Moines, payable from property taxes levied within the constitutional and statutory authority provided without a vote ofthe electors of Des Moines on all ofthe taxable property within Des Moines and other sources of revenues available therefor. Des Moines hereby agrees to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal amount of the Host City Fee so long as Bonds remain outstanding for the duration of this Host City Agreement. Des Moines may prepay the Host City Fee in the same manner permitted to Owner Cities under the terms of the SCORE Formation Interlocal Agreement. Any such prepayment shall be allocated among Renton, Auburn, and Federal Way as provided in Section 3(c) hereof. Section 5. Term of Host Citv Agreement: Termination. (a) The term ofthis Host City Agreement shall commence on the effective date ofthis Host City Agreement and, unless otherwise terminated or amended as set forth herein, shall automatically terminate upon the earlier of (i) expiration or termination of the SCORE Formation Interlocal Agreement, or (b) the date when Bonds issued by the Authority are no longer outstanding. (b) Any Party to this Host City Agreement may withdraw its membership and terminate its participation in this Host City Agreement by providing written notice to the other Parties hereto. Notwithstanding the foregoing, Des Moines may not withdraw its membership and terminate its participation in this Host City Agreement for so long as Bonds issued by the Authority are outstanding unless the other Parties hereto have consented in writing to such withdrawal and termination. (c) Real and personal property acquired during the life of the SCORE Formation Interlocal Agreement shall be held in the name of SCORE and shall be disposed of as provided in Section 4 thereof. In consideration ofthe payments made by Des Moines as provided in Section 2 of this Host City Agreement, Renton, Auburn, and Federal Way each hereby agree to allocate 2%, 2%, and 1 %, respectively, ofthe total equity in real and personal property held by SCORE and financed with proceeds of the Bonds to Des Moines upon termination of this Host City Agreement. Ordinance No. 09- Page 29 of 33 Rev 7/09 (d) Upon the occurrence of a default by Des Moines in its obligations hereunder, the other Parties hereto may proceed to protect and enforce their right in equity or at law, either in mandamus or for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, as such Parties may deem most effectual to protect and enforce any of its rights or interests hereunder. Notwithstanding anything to the contrary in this Host City Agreement, in the event that Des Moines fails to budget for or pay the Host City Fee when due, the remaining Parties hereto may immediately declare this Host City Agreement to be terminated, and may withdraw SCORE's correctional services from Des Moines, or alternatively, enter into a Subscribing Agency agreement with Des Moines under terms and conditions as the remaining Member Cities deem appropriate; provided, however, neither the termination or withdrawal of services from Des Moines shall relieve the obligation of Des Moines to pay the Host City Fee. Upon such event, Des Moines will have forfeited its right to receive an allocation of the equity in real and personal property held by SCORE and financed with proceeds of the Bonds as provided in Section 6( c) of this Host City Agreement, and Renton, Auburn and Federal Way shall be entitled to their respective full allocation of equity as provided in Section 4 of the SCORE Formation Interlocal Agreement. Section 6. Miscellaneous. (a) Governing Law; Venue. This Host City Agreement is governed by and shall be construed in accordance with the laws ofthe State of Washington and shall be liberally construed so as to carry out the purposes hereof. Except as otherwise required by applicable law, any action under this Host City Agreement shall be brought in the Superior Court ofthe State of Washington in and for King County. To the extent permitted by applicable law, each ofthe parties waives any right to have ajury participate in resolving any dispute, whether sounding in contract, tort, or otherwise between the parties arising out of, connected with, related to, or incidental to the relationship between any of them in connection with this Host City Agreement or the transactions contemplated hereby. Instead, any such dispute resolved in court will be resolved in a bench trial without a jury. (b) Attorneys' Fees and Expenses. If a default arises under any of the provisions ofthis Host City Agreement and any Party hereto should employ attorneys (including in-house counsel) or incur other expenses for the collection of amounts due under this Host City Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the other party contained in this Host City Agreement, on demand therefore, the non-prevailing Party shall pay or reimburse the prevailing Party for the reasonable fees of such attorneys and such other expenses so incurred. (c) Notices. Except as otherwise provided herein, all notices, consents or other communications required hereunder shall be made via electronic means or in writing and, if in Ordinance No. 09- Page 30 of 33 Rev 7/09 writing. shall be sufficiently given if addressed and mailed by first-class, certified orregistered mail, postage prepaid and return receipt requested, as follows: To Renton: City of Renton Attention: Finance and Information Services Department Administrator 1055 South Grady Way Renton, Washington 98057 Phone: (425) 430-6858 email: iwang@rentonwa.gov To Auburn: City of Auburn Attention: Finance Director 25 West Main St. Auburn, Washington 98001 Phone: (253) 931-3000 To Federal Way: Federal Way Attention: City Manager 33325 8th Avenue South Federal Way, Washington 98063 Phone: (253) 835-7000 To Des Moines: Des Moines Attention: City Manager 21630 11th Avenue South Des Moines, Washington 98198 Phone: (206) 878-4595 To SCORE: South Correctional Entity Attention: Facility Director 1055 South Grady Way Renton, Washington 98057 Phone: (425) 430-7565 Ordinance No. 09- Page 31 of33 Rev 7/09 Any Party hereto may, by notice given as required herein, designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent. Notices shall be deemed served upon deposit of such notices in the United States mail in the manner provided above. (d) Binding Effect. This Host City Agreement shall inure to the benefit of and shall be binding upon the Parties hereto and their successors. This Host City Agreement may not be assigned. (e) Severability. In the event any provision of this Host City Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. (f) Amendments. This Host City Agreement may not be effectively amended, changed, modified or altered, except by an instrument in writing duly executed by an authorized officer of each Party hereto and pursuant to an appropriate motion, resolution or ordinance of each Party hereto. (g) Waiver of Breach. No waiver of any breach of any covenant or agreement contained herein shall operate as a waiver of any subsequent breach of the same covenant or agreement or as a waiver of any breach of any other covenant or agreement, and in case of a breach by either party of any covenant, agreement or undertaking, the nondefaulting party may nevertheless accept from the other any payment or payments or performance hereunder without in any way waiving its right to exercise any of its rights and remedies provided for herein or otherwise with respect to any such default or defaults that were in existence at the time such payment or payments or performance Were accepted by it. (h) No Rights Created in Third Parties. The terms ofthis Host City Agreement are not intended to establish nor to create any rights in any persons or entities other than the Parties hereto and the respective successors and assigns of each. (i) Time of Essence. Time and all terms and conditions shall be of the essence ofthis Host City Agreement. G) Filing of Host City Agreement. Upon execution, this Host City Agreement shall be filed as required in RCW 39.34.040. (k) Counterparts. This Host City Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. Ordinance No. 09- Page 32 of 33 Rev 7/09 IN WITNESS WHEREOF, Renton, Auburn, Federal Way, Des Moines and SCORE have caused this Host City Agreement to be executed in their respective names by their duly authorized officers, and have caused this Host City Agreement to be dated and effective as ofthe date set forth on the first page hereof. CITY OF RENTON, WASHINGTON CITY OF AUBURN, WASHINGTON By: By: Denis Law, Mayor Pete Lewis, Mayor CITY OF FEDERAL WAY, WASHINGTON CITY OF DES MOINES, WASHINGTON By: By: Brian Wilson, City Manager Bob Sheckler, Mayor SOUTH CORRECTIONAL ENTITY By: Jack Dovey, Presiding Officer Mayor, City of Federal Way, Washington Ordinance No. 09- Page 33 of33 Rev 7/09 Exhibit C AMENDED ANI> RESTATEI> SCORE INTERLOCAL AGREEMENT among CITY OF AUBURN, CITY OF DES MOINES, CITY OF FEDERAL WAY, CITY OF RENTON, CITY OF TUKWILA, CITY OF BURIEN, AND CITY OF SEATAC, WASHINGTON Dated as of. ,ZOO? .. { Deleted: February 25 TABLE OF CONTENTS Pae:e Section 1. Definitions. ............. ........................ .......... ...... ....... ......... ............................... ......2 Section 2. SCORE Facility; Authority ..................................................................................3 Section 3. Duration of Agreement ........................................................................................5 Section 4. Withdrawal and Termination................................................................................ 5 Section 5. Administrative Board.... ...................... ...... ...... .... ............ .....................................6 Section 6. Operations Board .... ......................... ................... ... .............................................. 8 Section 7. Facility Director................................................................................................... 9 Section 8. Personnel Policy ..................................................................................................9 Section 9. Budget, Policies and Operations...........................................................................9 Section 10. Contracts and Support Services.......................................................................... 10 Section 11. Policy and System Evaluation ............................................................................10 Section 12. Additional Services Authorized .........................................................................10 Section 13. Inventory and Property.......................................................................................10 Section 14. Local Control.....................................................................................................11 Section 15. SCORE Facility Financing and Construction; SCORE Facility Public Development Authority......................................................................................11 Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property............................. 13 Section 17. Compliance with Continuing Disclosure Requirements ......................................14 Section 18. Filing of Agreement...........................................................................................14 Section 19. Severability....................................................................................................... .14 Section 20. Execution and Amendment ................................................................................14 Section 21. Third Party Beneficiaries ...................................................................................15 Section 22. Hold Harmless ...................................................................................................15 Section 23. Counterparts ................................................ ....... ...... .........................................15 -i- P:120358_DGI20358_0KS 08121/09 ..... - -~- : ( Formatted: Page Number AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT THIS AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT ("Agreement") amends and restates the SCORE lnterlocal Agreement, dated as of Febmary 25. 2009 (the "Original __ lnterlocal Agreement" and as amended and restated hereby. the "Agreement"). and is entered into this" ,29()9.jlIll()l1gJl1e_Cities()f1\lllJuxnJJ?_l?~ Moines, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington (the "Member Cities"), all of which are municipal corporations under the laws and statutes of the State of Washington: (D~i;;t;;d;F~~-25-- C'~i~~~~~;';~__ ..__,,"~,,~::==',,~ RECITALS: WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, the Member Cities currently contract with other local governments within the State of Washington for correctional services at a great expense to the City; and WHEREAS, chapter 39.34 RCW, the lnterlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Member Cities 9.J:l~.r..~~~Li..nt.~Li!.s(:QRJ;_Jl}l~r!QQ!!L)~,.gIt;:\:?m.9.D..t.,.~iI~9.t~y._~ February 25, 2009 (the "Original lnterlocal Agreement"), J.o foTIlla goVerIlIllt:l1ta1 ~dI11il1istrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility to be located in the City of Des Moines (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and - ..( Deleted: now desire WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by tbg_S._Q\!t.!L(~9..I!~~.9.1i9.!.l.~il.TI.1.!!Y-_Fi.\s;jJ.i.!y Public Development Authority (the "SCORE Facility Public Development Authority"). a public development authority chartered by the City of Renton,,pursuanttoR,c;\V35.21.730.t~:r()llgh ........ (~~I~~~.;~~i~~-.~~~~~~;i~~~;:J 35.21.755 and secured by the full faith and credit ofJheCitit;sofRent()n~.1\1l~lI111,Ye4('::raL\Vay, .. ....I.~gri=~:~;;;;;;;~~~fuili;~m_--__mmj SeaTac, Tukwila. and Burien (the "Owner Cities"); and . , _...~ ._...~t=:=;~~::~~~~~~:'~-:~~d-~ WHEREAS, j.heMelnb(':r gities no\Vclesi:re to anl~nd the ()riginaI IllterIocali\greenlent I to act ~s the host .city for the formation of ! t.~L..i.\U9.Q.1:1.1~__...thLP..m.p9..l.1iQ]..._~li.....g9..h!.....!is;rvi S;g..9..!L_.b.9..DQ1,;..j,?.?.!:I.~QJ2Y__.t.h.9.__S.C.Q..l{.lLF~tCiJitY._l~1!.b.J.i.S; I a publtc corporabon to be known as the l Development Authority to each of the Owner Cities and to designate the City of Des Moines as I South Correctional Entity Facility Public : Development Authority (the "SCORE ! the host city; and Facility Public Development Authority") I I subject to the approval of each Member ! , City J WHEREAS, the establishment and maintenance of the SCORE Facility will be of substantial benefit to the Member Cities and the public in general; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Section 1. Definitions. Capitalized terms used III this Agreement shall have the following meanings: "Administrative Board" means the governing board of SCORE created pursuant to Section 5 of this Agreement. "Agreement" means this Am~ll~l~.Q...~mLR~;;.tf!.t~sL.S.(:QRFJnterlocal Agreement among the Member Cities, as amended from time to time. l'.._. "Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the SCORE Facility Public Development Authority to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. "Budget" means the budget prepared by the Facility Director in consultation with the Operations Board, and submitted to the Administration Board for its approval in accordance with Section 5 and Section 9 of this Agreement, which budget shall set forth (a) an estimate of the costs of capital improvements required to be made to the SCORE Facility within the applicable year, (b) on a line item basis, all anticipated revenues and expenses for the operation and maintenance of the SCORE Facility for the applicable year, and (c) any information required by policies adopted by the Administrative Board pursuant to Section 9(b) of this Agreement. "Capital Contribution" means, for each ~Q}~}}QX,.9tY'uthatJ1Y~'.nSL..,9ty'su~Q~~,L. ..' Percentage multiplied by the principal of and interest on Bonds as the same shall become due and payabl~ "Costs of Maintenance and Operation" means all reasonable expenses incurred by SCORE in causing the SCORE Facility to be operated and maintained in good repair, working order and condition, and all costs of administering SCORE. "Designated Representative" means the Mayor or the City Manager, as selected by each Member City, or his or her designee. "Facility Director" means the director of the SCORE Facility selected by the Administrative Board pursuant to Section 7 of this Agreement. "Host Citv" means the City of Des Moines, Washington. "Member Cities" mean,the()\'In~r Gitles and the Host . Citv. 2 P:\20358_DG\20358_0KS Jl~l?lJO..H .. . rDei;;t;t;~..._......- 0000.....0000..00.....00.. ! ! "Base Percentage" means a percentage : i equal to the 2007 average daily [ i population allocable to the Member Cities ! i in all correctional facilities. Those : I percentages are as follows:' i~ I (a) Auburn - twenty-nine (29%)~ ! (b) Des Moines - five (5%)~ i (c) Federal Way- seventeen (17%)~ ! (d) Renton - tIrirty-four (34%)11 ! (e) Tukwila - eight (8%)11 I (I) Burien - four (4%)11 l (g) SeaTac - three (3%)11 {o;;i;;;d~M~;;;;;:'-"'-'-'-"'-- ............-..-': mmmmmmm......__mm_........._..m._.........._.._....._.....J .: .,....f:~~:~f~~~~;;~=:..::===~:::~::::j , rg:=~~~;:~~~::~~~~..1 ,..~.?~~_....._....___...__.._.__J '1 Deleted:, initially, the Cities of ,. Auburn, Des Moines, Federal Way, Renton, Tukwila, Burien and SeaTac, I, Washington ,{ Formatted: Page Number ........, "Operations Board" means the board formed pursuant to Section 6 of this Agreement. "Owner Citics" mean the Cities of Aubum, Renton. Federal Way. Tuhvila. Burien and SeaTac, Washington, "Owllcr Percentage" J..neans the percentage assiQned to each Owner City. as folknv8: (!;t....,~y.J;mnL=!.htr.:!:y..:.QD..~.L11%) (b) Federal Wavm eighteen (18%) ~-RetJton:: thirty-six (36%) UD.-_J..1!k'"vj]~ m eight (8%) ill_ B!lrien - four (4%) Cf.}.mm.m.S~<.t.I::\.g.=:J.hr~.~mG}3~Q) "Presiding Officer" means the member of the Administrative Board selected pursuant to Section 5 of this Agreement. "SCORE" means the govemmental administrative agency established pursuant to RCW 39.34.030(3) ,by the l\tlel11ber 9iti~s~... "SCORE Facility" means the consolidated correctional facility acquired, constructed, improved, equipped, maintained and operated by SCORE. "SCORE Facility Public Development Authority" means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. "Subscribing Agencies" mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities, that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms of this Agreement. Section 2. SCORE Facilitv: Authoritv. (a) Administrative Agencv. There is hereby established a' governmental administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional Entity ("SCORE"). SCORE shall initially consist of the Member Cities. (b) Powers of SCORE. SCORE shall have the power to acquire, construct, own, operate, maintain, equip, and improve a correctional facility known as the "SCORE Facility" and to provide correctional services and functions incidental thereto, for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the jurisdiction of the Member Cities. The SCORE Facility may serve th~..JYIQl1}J?'.Q!.._..r~iti.91L..!;.n~t Subscribing Agencies which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in writing and approved by SCORE as provided herein. 3 P:120358_DGI20358_0KS J2~~j/O_9_ m . . C~i~:;~:~i~~~~;;;~!=~=:..] :{ Formatted: Page Number (c) Administrative Board. The affairs of SCORE shall be governed by the Administrative Board formed pursuant to Section 5 of this Agreement. The Administrative Board shall have the authority to: 1. Recommend action to the legislative bodies of the Member Cities; 2. Approve the Budget, adopt financial policies and approve expenditures; 3. Establish policies for investing funds and incurring expenditures of Budget items for the SCORE Facility; 4. Review and adopt a personnel policy for the SCORE Facility; 5. Establish a fund, or special funds, as authorized by chapter 39.34 RCW for the operation of the SCORE Facility; 6. Conduct regular meetings as may be designated by the Administrative Board; 7. Determine what services shall be offered at the SCORE Facility pursuant to the powers of SCORE and under what terms they shall be offered; 8. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this Agreement; 9. Establish rates for services provided to members, subscribers or participating agencies; 10. Direct and supervise the activities of the Operations Board and the Facility Director; 11. Enter into an agreement with a public corporation or otherwise to incur debt; 12. Make purchases or contract for services necessary to fully implement the purposes of this Agreement; 13. Enter into agreements with and receive and distribute funds from any federal, state or local agencies; 14. Receive and account for all funds allocated to the SCORE Facility from its members; 15. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the SCORE Facility; 4 P:\20358_DG\20358_0KS Jl~1?1I0"- ~ / i Formatted: Page Number 16. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of property and assets; 17. Sue and be sued, complain and defend, III all courts of competent jurisdiction in its name; 18. Make and alter bylaws for the administration and regulation of its affairs; 19. Enter into contracts with Subscribing Agencies to provide correctional semces; 20. Employ employees as necessary to accomplish the terms of this Agreement; 21. Establish policies and procedures for adding new cities as .partic:sHtot~i~ .f Deleted: "Member Cities" Agreement; and 22. Engage in any and all other acts necessary to further the goals of this Agreement. Section 3. Duration of Ae:reement. The initial duration of this Agreement shall be for a period of ten (10) years from its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority as provide in Section 15 of this Agreement are no longer outstanding. Section 4. Withdrawal and Termination. (a) Subject to Section 4(g) below, any Member City may withdraw its membership and terminate its participation in this Agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in anyone-year. After providing appropriate notice as provided in this Section, that Member City's membership withdrawal shall become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. (b) Subject to Section 3 above, four (4) or more Member Cities may, at anyone time, by written notice provided to all Member Cities, call for a termination of SCORE and this Agreement. Upon an affirmative supermajority vote (majority plus one) by the Administrative Board, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this Agreement. Upon the final termination date, this Agreement shall be fully terminated. (c) Subject to Section 4(g) below, in the event any p\'vTler9ity()rtheflof>tc:it'l'fails.{D~leted: Member to budget for or provide ~apphcable.. annual fundiIlg. rt':quirements forS9(}R~ aspr()yi~t:~in . ..' .{ Deleted: the required Section 15 hereof, the remaining Member Cities may, by majority vote, immediately declare the A Formatted: Page Number 5 P:\20358_DG\20358_0KS .1181? 1[0_9_ _ . underfunding City to be terminated from this Agreement and to have forfeited all its rights under this Agreement as provided in Section 4(e). The remaining Member Cities may, at their option, withdraw SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. (d) Time is ofthe essence in giving any termination notice. (e) If an individual p"vn~rc;ity.\Vithdra\Vs its Jl1ell1~e!s~ipirl~CX}RI::,. tl1t::...... -ro;.;ted: Member withdrawing City will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administrative Board. -j (f) Upon termination of this Agreement, all property acquired during the life of this Agreement shall be disposed of in the following manner: 1. All real and personal property acquired pursuant to this Agreement shall be distributed to the.()\,;11~r(;itiesIJas~~01lthe.ovv'nerPer(;el1t~g~s;(l11~ ...... ......... .... ..' . {Deleted: Member . . . '. . . { Deleted: Base Percentage 2. All unexpected funds or reserve funds shall be distributed based on the percentage of average daily population at the SCORE Facility for the last three (3) years prior to the termination date of those Member Cities still existing on the day prior to the termination date. (g) Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 4, the withdrawal of any .()vvner gity. frolTI thisi\greell1elltshallllotdis(;~argt:: . or relieve the ~~'TI~Lc;ity. tl1at.. l1as.. \Vitl1~ra.\Vll. PllrsllaIlt.to. ~ecti()n.. i( (l).. ()!. .1J.~t::Il.. teTlllill(l~~~.. pursuant to Section 4(c) of its obligation to pay debt service on Bonds issued by the SCORE Facility Public Development Authority. ,A}}.".Q~Y!:!~L(;itY.ll1ayberelieve~.o[it~l:)lJIigati()lluuIl~er..... this Agreement to make payments with respect to its Capital Contribution if the Administrative Board, by supermajority vote (majority plus one), authorizes such relief based on a finding that such payments are not required to pay debt service on Bonds issued by the SCORE Facility Public Development Authority. L~~I~=...~~~".': m......__.__..._.....____.._.._~ .t~I~=.~~~".':..._..__._....) (~~~~~~!;i~ ..:::::~~':::". ......-..-., ..._no.J Section 5. Administrative Board. (a) Formation. An Administrative Board composed of the Designated Representative from each Member City shall govern the affairs of SCORE. (b) Allocation of Votes. Each Board member shall have an equal vote and voice in all Board decisions. (c) Voting Requirements. Votes regarding (1) debt; (2) approval of the Budget; (3) employment of the Facilities Director; (4) cost allocations made prior to the issuance of Bonds pursuant to Section 16 of this Agreement; and (5) approval of labor contracts, shall require an affirmative vote of a supermajority (majority plus one) of the Member Cities, two (2) .j Formatted: Page Number 6 P:\20358_DG\20358_0KS Jl~1cO.9." .' of which shall have the highest and the second highest average daily population in the SCORE Facility for the l2-month period ending June 30 of the preceding year. Votes regarding (1) the conveyance of real property; (2) the addition of additional services pursuant to Section 11 of this Agreement not directly incidental to correctional services (such as providing court services); and (3) matters addressed in Sections 4(b) and (g) of this Agreement, shall require an affirmative vote of a supermajority (majority plus one) of the Member Cities. (d) Parliamentary Authoritv. Unless otherwise provided, Robert's Revised Rules of Order (newly revised) shall govern all procedural matters relating to the business of the Administrative Board. ( e) Officers of the Administrative Board. Members of the Administrative Board shall select a Presiding Officer from its members, together with such other officers as a majority of the Administrative Board may determine. Subject to the control of the Administrative Board, the Presiding Officer shall have general supervision, direction and control of the business and affairs of SCORE. On matters decided by the Administrative Board, the signature of the Presiding Officer alone is sufficient to bind SCORE. (f) Meetings of the Administrative Board. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday of February of each year to review the prior year's service. The second meeting shall be on the second Tuesday of September of each year to consider and adopt a Budget for the following fiscal year. Other meetings may be held upon request of the Presiding Officer or any two members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Five (5) members of the Administrative Board must be present at any meeting of the Administrative Board to comprise a quorum, and for the Administrative Board to transact any business. Proxy voting shall not be allowed. Members of the Administrative Board may participate in a meeting through the use of any means of communication by which all members and members ofthe public participating in such meeting can hear each other during the meeting. Any members of the Administrative Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. (g) Bylaws. The Administrative Board shall be authorized to establish bylaws that govern procedures of that Board and the SCORE Facility's general operations. (h) Administrative Board Review. A general or particular authorization or review and concurrence of the Administrative Board by majority vote shall be necessary for all capital expenditures or contracts in excess of $50,000. 7 P:120358_DGI20358_0KS Jl8f<J/OH ": {~~atted: Page Number Section 6. Operations Board. (a) Formation. There is further established an Operations Board which shall consist of up to nine (9) members selected as provided in this paragraph. One (1) member shall be designated by each of the Member Cities, and up to two (2) at-large members shall be selected, by majority vote, by the Subscribing Agencies to represent the police departments of the Subscribing Agencies. At the time set for election of the at-large members, only the representatives of the Subscribing Agencies, then in attendance, will participate in the election. The Member Cities' Operations Board representatives shall not participate in the at-large member elections. The at-large members shall serve one-year terms, unless otherwise determined by majority vote of the Operations Board. The purpose and duties of the Operations Board shall be established by the Administrative Board. (b) Voting and Meetings of the Operations Board. Each member of the Operations Board shall have an equal vote in all Operations Board decisions. The Operations Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operations Board. The Operations Board shall elect a presiding officer from its members and shall likewise determine the time and place of its meetings; at least one (I) regular meeting shall be held each month at a time and place designated by the presiding officer or a majority of its members. Special meetings may be called by the presiding officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operations Board may dispense with written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all of the members of the Operations Board. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. A majority of the members of the Operations Board must be present at any meeting of the Operations Board to comprise a quorum, and for the Operations Board to transact any business. Proxy voting shall not be allowed. Members of the Operations Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Operations Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. 8 P:\20358_DG\20358_0KS Jl.~1/09_~i rForm~tted;K~~~-~;th~~;ct:K~~~ .m..., lli nes together ,( Formatted: Page Number Section 7. Facilitv Director. Not later than one hundred eighty (180) days prior to the completion of the SCORE Facility, the Operations Board shall recommend to the Administrative Board a person to act as the Facility Director. The Administrative Board may accept or reject the Operations Board recommendation. Such Facility Director shall be responsible to the Administrative Board, shall develop the Budget in consultation with the Operations Board and other appropriate means in order to fully implement the purposes of this Agreement. The Facility Director shall administer the program in its day-to-day operations consistent with the policies adopted by the Administrative Board. Such Facility Director shall have experience in technical, financial and administrative fields, and such appointment shall be on the basis of merit only. Section 8. Personnel Policv. (a) The Operations Board shall submit to the Administrative Board within one hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel policy for the SCORE Facility for its approval, rejection or modification. All of such modifications or revisions shall be subject to the final approval of the Administrative Board. (b) Such personnel policy shall provide for the initial appointment to the SCORE Facility's staff from the personnel presently, permanently appointed or assigned as corrections officers in the Member Cities. Additional employees shall be appointed by the Facility Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. Section 9. Bude:et. Policies and Operations. (a) The Facility Director shall distribute a proposed Budget to the Operations Board on or before August 1 of each year, which Budget shall then be provided to the Administrative Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of the programs and objectives as contained in said proposed Budget, and of the required financial participation for the ensuing year. (b) The Administrative Board shall develop financial policies for SCORE as part of the budgetary process. Such policies may include, but are not limited to, (1) items to be provided for in the Budget, (2) a minimum contribution amount for each Member City to pay for Costs of Maintenance and Operation, (3) the process for allocating unexpended amounts paid by the Member Cities for Costs of Maintenance and Operation and assessing the Member Cities in the event of cost overruns, (4) establishing and maintaining reserve accounts, if any, and (5) the process for adding a new ,pal~vt()thi~A81:~~~tll1t... .. ......... ....... (~i.~:~;;~~~~::::::::~::=:J .{ Formatted: Page Number 9 P:\20358_DG\20358_0KS 118r,!1cO-"_ ~ (c) The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this Agreement. Section 10. Contracts and Support Services. (a) The Administrative Board (or the Operations Board or the Facility Director, if so designated by the Administrative Board) shall, as necessary, contract with local governments for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Facility Director for the SCORE Facility. (b) The Member Cities hereby agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a Member City, other local government, or independent legal counsel as necessary. Section 11. Policy and System Evaluation. The Facility Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public. The Facility Director shall present his or her recommendations to the Operations Board from time to time. Any substantive change or deviation from established policy shall be subject to the prior approval of the Administrative Board. Section 12. Additional Services Authorized. The Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems, and consolidated court services. Section 13. Inventory and Property. (a) Equipment and furnishings for the operation of the SCORE Facility shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE's use, title to the same shall remain with the respective local entity unless that equipment is acquired by SCORE. (b) The Facility Director shall, at the time of preparing the proposed Budget for the ensuing year, submit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE. In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending governmental entity and all other items, including real property, or funds derived from the sale thereof, shall be distributedjlla.cc_orcla.n(;e_\\'ith_~e_cti()n_<l(fla.bo"e. u u . u mmnn mumnm _ _ .- {, Deleted: to Member Cities / ( Formatted: Page Number 10 P:\20358_DG\20358_0KS .e~~J(O.9." . (d) SCORE Facility Financing. { " ' Deleted: Member (1) Capital Contributions.. Each Owner City shall be obligated to pay an / ':/{~~~~:;::M~~- amount equal to its Capital Contribution with~l.liregarciiotheUpaymenioriackthereofby' /<.~ Deleted: Member any other Ovmer City. No Owner City shall be obligated to pay the Capital Contribution ///l Deleted: Member of any ot~erCity;a'n4e~~h(?"v~el'~~Itysha1ibe ()b1igat~4t~)u4getf()r:a~<(p~y././{ Deleted: Member its Capital Contribution. The obligation of each Owner yC)ty__~_~uR~'yuits__C:~l?!!~l / { Deleted: Member .( Formatted: Page Number ( c) Title to real property purchased or otherwise acquired shall be held in the name of SCORE; provided however, that for valuable consideration received, SCORE may convey ownership of any real property as may be approved by supennajority vote (majority plus one) of the Administrative Board. Section 14. Local Control. Each Member City and Subscribing Agency shall retain the responsibility and authority for the operation of its police departments, and for such equipment and services as are required at its place of operation to utilize the SCORE Facility. Section 15. SCORE Facility Financine and Construction: SCORE Facility Public Development Authority. (a) SCORE Facilitv. In order to provide necessary services for the Member Cities and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des Moines, Washington. (b) Contracts for the SCORE Facilitv. The Administrative Board shall authorize, and the Presiding Officer of the Administrative Board, or his or her approved designee, will execute contracts for the development of the SCORE Facility. These contracts shall include, without limitation, contracts for architectural design and engineering, project management services; real estate acquisition, and construction. (c) SCORE Facility Public Development Authority. In order to finance costs of acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has ~l.1.~J:1.9..r5?Q the SCORE Facility. Public Development Authority. The purpose of the SCORE FacliltyUPubiicDeve}opment AuthontYlsto Issue-Bonds to finance andreflnancethe acquIsItIon, construction, improvement and equipping of the SCORE Facility. The Administrative Board shall serve ex officio as the Board of Directors of the SCORE Facility Public Development Authority as further provided in the Authority's organizational charter. Upon issuance of Bonds by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make payments to the SCORE Facility Public Development Authority at the time and in the amounts required to pay principal of and interest on the Bonds and any administrative costs of the SCORE Facility Public Development Authority. 11 P:\20358_DG\20358_0KS l>~"lJO_9__' fU..,.,.......,.,.,.,.,........................._.........,.,..u...........,................m.., .. . Deleted: Pursuant to RCW 35.21.740, j the City of Des Moines hereby authorizes i the City of Renton to operate the SCORE I Facility Public Development Authority ! I within the corporate limits of the City of ! I Des Moines in,a manner consistent with I the terms of thIS Agreement j .' ..... C~~~~~!~d-~-fu~::::==~] . Deleted: Each Member City shall each .' pay an allocable portion of all aggregate capital and operating costs related to the SCORE Facility, less revenue received from Subscribing Agencies or other sources, as provided in this Agreement. Each Member City shall be billed for its i total allocable capital and operating costs I on a semiannual basis, or more frequently j as detennined by the Administrative ! Board, calculated as provided for in this ! Section. ) .....-.-..-----\ I ~: Contribution shall be an irrevocable full faith and credit obligation of such Q.\:.v..n~I...~ity,u payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the ChVllJ)J:.,pty on all ofth~ta)(~bl~property within the OwniI...,.City ..and.. ()thers()u!c;<;:s.. ()f revenues. available thereKor~ ..:E:ll<:J:1..9'\:'ller . pityhlls.. ()T ",ill set . asi~<;:allcl inc;llld(;:.. ill..itsc;alculation of outstandingll()nv()te~g<;:neral . obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding, unless relieved of such payment in accordance with Section 4(g). .E.i.!9..h......Qj:y.D..~r(;i!y'..~QJ?Jim!1jQ.D........!9......PJ!y.......thLr..~p.it!:l.1 Contribution shall not be contingent on the receipt of any revenues from other sources. including but not limited to Subscribing Agencies or the Host City. An.Qwn~ICity. may prepay its Capital Contribution in a manner that is consistent ...........................______........_...............,..................... ............___......_n_________________._____._._.,_......_.__.._____,_.______ with the authorizing documents for the Bonds; provided, however, that any such prepayment of one or more Owner .9ties shallll()t affect the c:;apitaI C:;()lltrilJt1ti()ll()[ tJ:1e... . remaining Q)v..n~r.9ties. ..i\llyg\Yl1,(~r,,,c;ity tJ:111telects to prepay its.. c:;api~lll.. c:;()ntribllti()n shall be responsible for paying all costs associated with such prepayment. (2) Costs of Maintenance and Operation. Subject to the terms of the financial policies established by the Administrative Board pursuant to Section 9(b) of this Agreement, each Member City shall be obligated to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility, including any debt issued to finance such costs, as determined in this subsection. (i) Until the end of the first calendar year of operations of the SCORE Facility (estimated to be December 31, 2012), the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation in such year shall be equal to the M.9JJ1j?,,~E.."~~1!Y~..2Q.QZ..i!.oY$;!1tg9~"flany,c..R9,p!:l1~}.iQ!1..i1;L / all correctional facilities (as provided in the SCORE financial policies) multiplied by the Costs of Maintenance and Operation. (ii) Commencing with the calendar year following the first calendar year of operations, the allocable portion that each Owner ptysJ:1alI..lJ~....olJligatt:dn' to pay of Costs of Maintenance and Operation shall be based on the Owner pity's.__ average daily population in the SCORE Facility, as supplemented as necessary with the average daily population allocable to the Owner .Citi(;:s.illalI..<:or,rec;tiolllll facilities, for the 12-month period ending June 30 of the preceding year. (iii) Commencing with the third calendar year of operations, the allocable portion that each Owner .(;itynsl111.llbeu ()bliga~.f:cl_~()_Pll.L()L9.()~!~__()r _ ..' Maintenance and Operation shall be based on the Owner .(;ity'sa"eragedaily . population in the SCORE Facility for the 12-month period ending June 30 of the preceding year. (e) Billing and_Allocation of Revenues. Each Member City shall be billed fix its Capital Contribution and its portion of Costs of Maintenance and Operation, as applicable. on a semiannual basis, or more frequently as determined hv the Administrative Board. calculated as 12 P:\20358_DG\20358_0KS .I!~1?1cO_9. _ (..."..........................mm.......__........ t [)E!I~l!CI:~""'ber , .................................." (~~,I.~,:,~~~~'.mm____"< !>~I~,:m~~~~'"""'"'_"""cm"'< L~I~E!C:I:~~~':"___ ....j Deleted: A Member i Deleted: Member i . ~ Deleted: Member t Deleted: Member . C~!'~i.~~~:i.:~~~!.~~~~~~::-..~:] i Deleted: Member . -r Deleted: Member 1 Deleted: Member f Deleted: Member (o;;i;;;d;M-;:;;;;.-...... .c~ormatted: Page Number PrQY.i\t9JLf.QrjnS9~J.iQnL5Lcj),lhQY.9:...Revenues received in a calendar year from Subscribing Agencies, the Host City or from sources other than the contributions described in Section l5(d) above shall be,(lJJocaL"9.J,mE~!lgth9MeI11b~r.Citiesas providsxl uUJleJin,ancialf'olici~saprrpved . by the Administratiy~J?S2m:Q. (f) .Host Citv> Pursuan.t t{).g(~~~V .35:2Lz4g~.th.eClt:vofI~r:,5\10il1e.s,.~~Jh~H{lstS;it\i'. hereby authorizes the Citv of Renton to operate the SCORE Facilitv Public Development' t.gthQIi!y~yjJhinJh9~9mQl:i!J.9Jjn}jtLQLtlLe.Ci.!Y.QfQg.B.M9jl}95j.rL~.mmln9r9.Q.!1.~i~!9I!.Lyy.i.thJh.9 terms of this Agreement. The Host City shall enter into a written agreement with SCORE and any of the Owner Citie~,_.g.:L applicable, to establish a host city fee to be paid in exchange for its use of the SCORE FacilitY.-. (g)...._ Tax-Exemption. The Member Cities shall not (1) make any use of the proceeds from the sale of Bonds or any other money or obligations of the SCORE Facility Public Development Authority or the Member Cities that may be deemed to be proceeds of the Bonds pursuant to Section l48(a) of the Code that will cause the Bonds to be "arbitrage bonds" within the meaning of said Section and said regulations, or (2) act or fail to act in a manner that will cause the Bonds to be considered obligations not described in Section 103(a) of the Code. OJ1..... .Aclditio11al.. F'ina11ci11&...... ~()t\v!t!1.s!~Ilclin.K.. a11ythillg... t() ..thf:.. ~~.Il~.l!ry.. i11.. this Agreement, bonds, notes or other evidences of borrowing may be issued from time to time by the SCORE Facility Public Development Authority or another issuer pursuant a separate agreement between one or more Member Cities and other entities to provide additional financing for the SCORE Facility on terms as agreed upon by the parties thereto. (jJSlJ~cial Facility Designation. T.h~ Sc;()RE Facility,includingallequipll1~nt, furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing Agencies to provide necessary and secure correctional services and assure public safety. Consequently, the SCORE Facility is essential to the preservation of the public health, safety, and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special facilities subject to unique standards. Accordingly, based on the facts presented in this subsection, it is herby resolved that the established policy of the Member Cities is that the SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of any kind or nature for the SCORE Facility shall be exempt from competitive bidding requirements as prescribed by Washington State statute but shall be governed by the procurement policy established by the Administrative Board as amended from time to time. Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property The Administrative Board shall allocate costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility prior to the issuance of the Bonds by the SCORE Facility Public Development Authority among the Member Cities by an affirmative vote of a supermajority (majority plus one) of the of the Member Cities, two (2) of which shall have the highest and the second highest average daily population in the SCORE Facility for the l2-month period ending June 30 of the preceding year. Any costs of the SCORE 13 P:\20358_DG\20358_0KS J1~1? 1 LO.9. . f-'~.i~~~..~~~d'~~';~d~~~'ili~"c~'~;~f .......j I Maintenance and Operation in the ! I subsequent calendar year. Each Member ! I City shall receive creditlbenefit of the . I revenues discusse~ in this secti.on based i . i on that Member C.ty's propomonal ! : average daily population as calculated in ! , i,.~.~~.~~~...~.~~~~:L~~~;;~......~.............."...."""",,~.._"~ 'f Formatted: Underline ..........-.........-- .......j rmmmmmm_m..._m_- \ Deleted: g ..tDe~eted:~mm._...______ ..____._.....1 .( Formatted: Page Number Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of Bonds to the extent permitted by law. The Member Cities hereby agree that any net proceeds received from the sale of the property located at 1440 1 16th Avenue NE, Bellevue, Washington and 1412 1 16th Avenue NE, Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with SCORE and used to finance costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility. Section 17. Compliance with Continuine: Disclosure ReQuirements To the extent necessary to meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission Rule 15c2-l2 (the "Rule"), as applicable to a participating underwriter or remarketing agent for Bonds, each.QwnerCitywill enterint()~IlllI14~rtak:ingina form acceptable at the time to the participating underwriter or remarketing agent, as the case may be. t Deleted: Member Section 18. Filine: of Ae:reement Upon execution, this Agreement shall be filed as required in RCW 39.34.040. Section 19. Severability If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement. Section 20. Execution and Amendment This Agreement shall be executed on behalf of each Member City by its Designated Representative and pursuant to an appropriate motion, resolution or ordinance of each Member City. This Agreement shall be deemed adopted upon the date of execution by the last so Designated Representative. This Agreement may not be effectively amended, changed, modified or altered, except by an instrument in writing duly executed by the Designated Representative of each Member City and pursuant to an appropriate motion, resolution or ordinance of each Member City, so long as such amendment does not materially adversely affect the owners of the Bonds or affect the tax- exempt status of the interest paid on the Bonds. If the Bonds issued by the SCORE Facility Public Development Authority are rated by a rating agency, then no amendment that adds or removes ag..Q~yll.~[ .c::it)' fr()IIUhis.. Agr~el!l~..I1~__()~Jl?~~~~.. ~~c~()nl ~ ()ftl1is..Agt'eell~~I1~.. ..~l1~!L ~e_ . . . Deleted: Member permitted unless the SCORE Facility Public Development Authority has received written confirmation from the rating agency that such amendment will not result in a reduction or withdrawal of the rating on the Bonds. If the Bonds are not rated by a rating agency, then no such amendment as described in the preceding sentence will be permitted unless in the opinion A Formatted: Page Number 14 P:\20358_DG\20358_0KS J1~!CO..9 .. of the SCORE Facility Public Development Authority such amendment will not materially adversely affect the owners of the Bonds. Section 21. Third Party Beneficiaries The SCORE Facility Public Development Authority and the holders from time to time of the Bonds shall be third party beneficiaries hereof and the commitments made herein shall be for their further benefit. Section 22. Hold Harmless The parties to this Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the Administrative Board, Operations Board, Facility Director and or staff, while acting within the scope of their authority under this Agreement shall be borne by SCORE exclusively. Section 23. Counterparts This Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF AUBURN CITY OF RENTON By: By: CITY OF DES MOINES CITY OF TUKWILA By: By: CITY OF FEDERAL WAY CITY OF BURIEN By: By: CITY OF SEATAC By: 15 P:\20358_DG\20358_0KS i>~!~O_9_ " ,{ Formatted: Page Number