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Council PKT 09-15-2009 Special/Regular A Federal Way AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 15, 2009 www.cityoffederalway.com Special Meetina - 5:30 pm 1. CALL MEETING TO ORDER 2. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.11 O(I)(i) b. Collective Bargaining pursuant to RCW 42.30.140(4)(a) 3. ADJOURNMENT Reaular Meetina - 7:00 pm 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Ceremonial Swearing In of Police Officers b. Police Award Presentations . Medal of Meritorious Service - Officer Mickelson . Police Chief's Commendation - Dave Ehlers, Dave Gantt, and Jesse Moralez c. Mid-Biennium Budget Adjustment Update d. PROCLAMATION: Constitution Week - September 17-23rd e. PROCLAMATION: Mayor's Month of Concern for the Hungry f. Introduction of Federal Lobbyist Tylynn Gordon, Strategies 360 g. City Manager Emerging Issues / Introduction of New Employees 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.. 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. Minutes: September 1, 2009 Regular Meeting ..... .pg 9 b. Regional Hazard Mitigation Plan Adoption PRHSPSC 8-11-09 ..... .pg 16 c. ORDINANCE: Council Bill #503/Amendments to the Federal Way Revised Code (FWRC) Title 18 "Subdivisions" and Title 19 "Zoning and Development C~e" reQardin~ plat and land use application time extensions and related amendments 1st reading 9-1-09/1.UTC 81 109 ......pg 41 d. ORDINANCE: Council Bill #504/Amendments to Federal Way Revised Code (FWRC) Title 19.15.045 "Completeness of Applications" regarding vesting for use process applications 1st reading 9-1-09/LUTC 8/3/09 ..... .pg 97 e. ORDINANCE: Council Bill #505/Criminal Code Update 1st reading 9-1-09/PRHSPS 8/11/09.... ..pg 105 f. Placement of "Safe City Federal Way" signs at designated locations PRHSPSC 9-08- 09.. . . . .pg 109 g. Roof Replacement- West Hylebos Park Caretaker Homes & Laurelwood Park Picnic Shelter PRHSPSC 9-08-09... .. .pg 114 h. Cancel the 2009 Valley Cities Counseling & Consultation Acquisition of a Community Facility Project and Reallocate 2009 Capital Funds to the King County Housing Repair Program PRHSPSC 9/8/09..... .pg 117 i. 2010 Community Development Block Grant PRHSPSC9/8/09......pg 124 6. PUBLIC HEARING CITY OF FEDERAL WAY PROPOSITION NO.1; ADOPTION OF THE MAYOR/COUNCIL FORM OF GOVERNMENT WITHIN THE CITY OF FEDERAL WAY. Shall the City of Federal Way abandon the Council/Manager form of government and adopt the Mayor/Council form of government? The adoption of the Mayor/Council form of government would not affect the City's eligibility to be governed under Title 35A of the Revised Code of Washington. ...pg 148 . Staff Report . Pro Statement . Con Statement . Citizen Comment . Council Discussion . Council Action 7. COUNCIL BUSINESS a. World Championship of Sand Sculpture ......pg 153 b. RESOLUTION: Opposing Initiative 1033 Public Hearing9/1/09......pg 163 a. JAG Property Proceeds: Distribution and Hold Harmless Agreement..... .pg 167 b. City Manager Search: Timeline Revision & Candidate Profile......pg 177 c. RESOLUTION: Creation of Multi-Jurisdictional Entity to Provide Maintenance and Operations Services..... .pg 187 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.11 O(I)(i) b. Collective Bargaining pursuant to RCW 42.30.140(4)(a) 11.ADJOURNMENT The Council may add items and take action on items not listed on the agenda. **In an effort to "Think Green" sheets of paper were saved by eliminating duplicate copies of the Consent Agenda supporting documents. PROCLAMATION "CONSTITUTION WEEK" WHEREAS, September 17, 2009, marks the two hundred twenty second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do hereby proclaim the week of September 17 through 23 as "CONSTITUTION WEEK" in the City of Federal Way, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. SIGNED this 15th day of September, 2009. CITY OF FEDERAL WAY Jack Dovey, Mayor Eric Faison, Deputy Mayor Jeanne Burbidge, Council member Linda Kochmar, Councilmember Dini Duclos, Councilmember Jim Ferrell, Councilmember Mike Park, Council member PROCLAMATION Mayor's Day of Concern for the Hungry WHEREAS, the City of Federal Way recognizes adequate nutrition as a basic goal for each citizen; and WHEREAS, no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and WHEREAS, food banks, emergency and hot meal programs, working with the City of Federal Way, local churches, social service agencies, and hundreds of volunteers striving day in and day out to stem the tide of hunger, but still need more help; and WHEREAS, we believe that when the citizens who are not involved hear of the especially desperate needs of the hungry as winter approaches, and their low incomes must stretch to cover increasing fuel, electricity and rental costs-leaving even less money for monthly food purchase, an outpouring of community assistance will follow; and WHEREAS, the Emergency Feeding Program coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger, which will be held at grocery stores throughout King County on Saturday, September 26, 2009; NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do hereby proclaim Saturday, September 26, 2009 as "DAY OF CONCERN FOR THE HUNGRY" in the City of Federal Way, and strongly urge our citizens to join the Emergency Feeding Program and our food banks to nourish those who are hungry. SIGNED this 15th day of September 2009. CITY OF FEDERAL WAY Jack Dovey, Mayor Eric Faison, Deputy Mayor Jeanne Burbidge, Councilmember Jim Ferrell, Councilmember Dini Duclos, Councilmember Linda Kochmar, Council member Mike Park, Council member MEMORANDUM TO: FROM: RE: DATE: City of Federal Way City Council Tylynn Gordon & Melanie Mihara, Strategies 360 Council Presentation Overview 10,2009 STRATEGIES 360 TEAM TYL YNN GORDON, SENIOR VICE PRESIDENT OF FEDERAL RELATIONS Tylynn serves S360 as senior vice president of federal relations in S360's Washington, DC office. With experience in strategic consulting, government service, and political campaigns, Tylynn provides superior service to S360 clients. She has ties to current Democratic leadership, including Senate Finance Chairman Max Baucus, for whom she served as the former state finance director for fundraising operation. Her government service includes time as the deputy state auditor for the state of Montana where she developed legislative strategy and guided passage of 21 pieces of key legislation. Tylynn also founded an independent consulting firm that handled strategic planning, recruiting and grassroots lobbying efforts at the national level. There, she created grassroots strategies for organizations seeking federal legislation on rural broadband access and helped the Competitive Long Distance Coalition gain approval for their federal telecommunications initiative. She served on the campaigns of Senator Ben Nelson (D-NE) and Governor Kathleen Sebelius (D-KS) and maintains close ties with Senator Tim Johnson (D-SD) and Senator Jon Tester (D-MT). Tylynn's mastery of grassroots politics and her network of federal government contacts enable her to lend crucial insight to S360's clients. MATT STEUERWALT, SENIOR VICE PRESIDENT Matt recently joined S360 after four years serving as Washington State Governor Christine Gregoire's principal advisor on energy, climate change, telecommunications and financial institutions issues. He was responsible for developing her agenda on these issues, shepherding it through the legislative process, coordinating implementation across agencies, and managing conversations with effected stakeholders. He previously served her in a similar role for eight years in the state Office of the Attorney General. While at the Governor's office he drafted and worked to pass the state's own renewable fuel standard and provided policy guidance on its implementation. He has worked on energy policy at the state, regional, and federal level since 1991. Matt has forged excellent relationships with local, state and federal officials and can draw on his rich network of policy-makers and opinion leaders in government, business and non-profits to achieve results for clients. He is equally effective with elected officials and agency staff thanks to his ability to understand complicated technical material and translate it for decision-makers. MELANIE MIHARA, FEDERAL RELATIONS ASSOCIATE Melanie recently joined S360 as a Federal Relations Associate in the Washington, DC office. She served in a number of positions for Senator Maria Cantwell for over four years. Most recently Melanie was a Grants and Appropriations Coordinator where she advised the Senator and the Appropriations Committee on Washington State appropriations requests. She additionally helped municipalities, tribes, non-profits, and educational institutions search and apply for federal grants. Melanie's in-depth knowledge of federal funding programs allows her to give insightful, well-informed advice to Strategies 360 clients. , Strategies 360 ' 3300 M Street, NW ' Suite 200 . Washington, DC 20007 . 202.333.2234 . INTRODUCTION TO 5360 Strategies 360 has been in business for over 20 years in the Pacific Northwest. Today, Strategies 360 is the region's premiere strategic communications firm. We are focused on helping our clients succeed in today's complex business and public policy environment, providing comprehensive and coordinated expertise in business and marketing strategy, public policy, government relations, public relations, communications, and strategic positioning. The one-of-a-kind Strategies 360 approach offers clients the opportunity to combine an array of services while gaining access to the complete S360 team of experts. Strategies 360 serves clients across a wide range of industries and areas, including: energy, alternative energy, biotech, high-tech, financial services, natural resources, consumer goods, healthcare, real estate, Native American tribes, labor, housing, non profits, education, and transportation. We have a strong regional presence in the Pacific Northwest, including Washington, Oregon, Alaska, Montana and Idaho, but our reach and capabilities extend nationwide. Sharing knowledge across disciplines enables us to identify key opportunities for each of our clients that would otherwise have been overlooked. Many of our clients initially sought us out for public policy and communications assistance, and now are benefiting from our expertise in business analysis and quantitative marketing. We are helping these clients and others with brand positioning, business planning, and marketing strategy, resulting in more efficient allocation of resources, and more effective strategies. S360 designs and implements winning strategies and tactics for our clients. We do not take on a project that does not involve working with the client to execute the recommended strategies and tactics in the marketplace. Our team is packed with people with a track record of success and effecting positive change within a wide range of organizations. 2009 APPROPRIATIONS TRAINGLE PROJECT Funding Requested: $2.7 million Description: The Triangle Project is multi-phase effort that will completely reconstruct the 1-5/ SR 18/ SR 161 interchange-the fifth-most congested and accident prone spot in the state. This particular funding request would add a second northbound left-turn lane at the intersection of SR 161 (Enchanted Parkway South) at South 356th Street. The interchange needs the second turn lane in order to handle the increase in traffic volumes from the slip ramp from SR 18 westbound to SR 161 that will be constructed in 2010-11. Senator Patty Murray listed the Triangle Project as a priority project on her website earlier this year, requesting $1.6 million for the City of Federal Way. The project did not make it through the final appropriations process and the request was not funded. . Strategies 360 . 3300 M Street, NW $ Suite 200 . Washington, DC 20007 ' 202.333.2234 . [2] CITY CENTER ACCESS PROJECT Funding Requested: $1.6 million Description: The City Center Access Project eliminates critical safety issues, increases mobility, and allows the planned economic development of the City Center as designated by the Metropolitan Planning Organization (MPO). The project provides improvements that will modify the existing interchange of S 320th Street at Interstate 5 (1-5) in multiple phases, with the most critical Phase 3, the southbound ramp first. The project will not only benefit the designated urban center city core, but will address state and federal highway system issues in this vicinity. The S 320lh St at 1-5 interchange is the sole freeway access to the City Center and the project is within the U.S. Department of Transportation's Six Interstate Routes "Corridors of the Future" to Help Fight Traffic Congestion on Interstate 5. Senator Patty Murray listed the City Center Access Project (Phase III) as a priority project on her website earlier this year, requesting $1.5 million for the City of Federal Way. The project did not make it through the final appropriations process and the request was not funded. EB.5 FOREIGN INVESTOR PROGRAM Strategies 360 assisted Federal Way in securing Letters of Support to U.S. Customs and Immigration Services from Gov. Christine Gregoire and Rep. Adam Smith. These letters expressed support for the EB.5 investor visa program as a source of financing for foreign investors. Currently, Federal Way's EB-5 application is under review. Adam Smith's office has indicated that if Federal Way has not heard from U.S. Customs and Immigration regarding the application by October 10, 2009, that they should be contacted again. About the EB-5 Program: The EB-5 program has proven to have a positive impact on the United States economy and job creation. In 2006 alone the EB-5 Immigrant Investor and Regional Center program resulted in the aggregate total of over $250 million in immigrant investor capital inflow to the United States economy and the creation and/or preservation of 5,000 jobs in areas of high unemployment. Projections for 2007 are estimated to be an aggregate total of $500 million dollars, and 10,000 jobs principally in areas of high unemployment Whatever program is selected, it is important to note that prior to acquiring residency the investor should consult with a tax advisor regarding tax consequences. The EB-5 visa creates a win-win situation by connecting foreign investors' international fortunes to depressed economies and high unemployment areas around our country. In exchange for their investments, the investors receive a reasonable rate of return and green cards for themselves and their family. When fully utilized it is estimated that the program will contribute between $1.5 - 3 billion in foreign capital to the United States economy each year. Such investments could have a significant impact on our economy. Of equal importance this program will also provide and lor preserve more than 30,000 jobs for United States workers each year. [by Roger A. Bernstein, Bernstein Osberg-Braun, LLC] , Strategies 360' 3300 M Street, NW' Suite 200 . Washington, DC 20007 ' 202.333.2234 ' [3 ] POLITICAL ENVIRONMENT Nearly all members of the Washington state delegation received less funding for fewer projects than in years prior. Sen. Patty Murray, who chairs the Senate Appropriations Transportation-HUD subcommittee, received a decrease in project funding dollars in FY2010, from approximately $198 million in FY2009 to $189 million in FY2010. The number of projects Sen. Murray received also decreased from 86 in FY2008 to 67 in FY2009 to 53 in FY2010. Rep. Adam Smith also received a significant decrease in appropriations this year. FY2010 saw a substantial decrease in the number of projects approved, only 2 in FY2010, down from 4 in FY2009 and 6 in FY2008. The amount of funding attributed to Rep. Smith for FY2010 came to a mere $800,000, compared to over $4 million in FY2009 and $17.5 million in FY2008. No communities in the area received funding. There are a number of reasons for the decrease in project funding between FY2009 and FY2010. Many of the projects, especially transportation projects, have been financed with stimulus money through the Recovery Act. The Obama administration has also discouraged lawmakers from funding "earmark" projects in the appropriations bills. FUTURE OF 8360 & FEDERAL WAY Options still exist for parties interested in transportation project funding. The Safe Accountable Flexible Efficient Transportation Equity Act - a Legacy for Users (commonly known as SAFETEA-LU) expires on September 30, 2009; however, members of Congress and Transportation Secretary Ray LaHood have pushed to extend SAFETEA-LU for an additional 18 months. The extension will be discussed following the August recess. The Senate is considering S. 1498, the Surface Transportation Extension Act of 2009, which would extend the existing surface transportation legislation for 18 months and would provide $27 billion for the highway and transit accounts of the Highway Trust Fund. Sen. Boxer, Chair of the Environment and Public Works, reported S. 1498 to the Senate floor and it has been placed on the legislative calendar. Consideration of the bill is expected to occur in the fall of 2009. Currently, only one reauthorization bill has been introduced. The Surface Transportation Assistance Act of 2009 has not been formally introduced and therefore lacks a bill number. The bill lacks critical data and other details and no immediate action has been forecasted. . Strategies 360 . 3300 M Street, NW' Suite 200 . Washington, DC 20007 . 202.333.2234 . [4 ] COUNCIL MEETING DATE: September 15, 2009 ITEM #: 5a 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 September 1, 2009 Regular Meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~~~~!'(?~!!lY:~~!'?!~_~~~!.!!Y'.....~.~!Y..~!~!.~ Attachments: Draft meeting minutes of the September 1, 2009 meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. DEPT: Human Resources STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. N/A L;L.,.JrW1 t.1ft1/~IRECTOR ApPROVAL: Committee Council CITY CLERK ApPROVAL: N/A N/A Committee Council COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDillEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # A Federal Way FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall SEPTEMBER 1, 2009 - 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Deputy Mayor Faison called the meeting to order at 7:01 p.m. Councilmembers present: Deputy Mayor Eric Faison, Councilmembers Mike Park, Jim Ferrell, Jeanne Burbidge, Linda Kochmar and Dini Duclos. Deputy Mayor Faison excused Mayor Dovey's absence as he is attending a city-related training event out of state. Staff present: Acting Interim City Manager Bryant Enge, Assistant City Attorney Amy Jo Pearsall and Deputy City Clerk Krystal Roe. MOTION: Councilmember Park moved to amend the agenda to remove the Energy Efficiency Grant, Item 5E from the Consent Agenda and add it to Council Business, Item 7B. Motion second. VOTE: Motion carried 6 - O. 2. PLEDGE OF ALLEGIANCE City Planning Manager Isaac Conlen led the pledge of allegiance. 3. PRESENTATIONS City Manaoer Emeroino Issues / Introduction of New Employees . Code Compliance Update: John Micciche Community Development Director Greg Fewins provided a PowerPoint presentation highlighting the code enforcement efforts in regards to alleged violations by Mr. Micciche and the Municipal Court rulings regarding same. . Introduction of New Employees Acting Interim City Manager Enge introduced and welcomed Leah Fraine, the City's new Cultural Events and Arts Coordinator in the Parks, Recreation and Cultural Services Department. 4. CITIZEN COMMENT Deputy Mayor Faison noted 16 anonymous public comments had been submitted. Because the comments are anonymous, they cannot be read into the record. However, they will become part of the official record and forwarded to City Council members. H. David Kaplan announced the application period (and deadline) for the second round of the City's Tourism Enhancement Grants. Nancy Combs began to speak regarding the strong mayor form of government. City Council Minutes - September 1,2009 Regular Meeting Page 1 of6 POINT OF ORDER: Assistant City Attorney Pearsall noted citizens may not address ballot issues under public comment. Deputy Mayor Faison explained state law prohibits the use of public facilities and/or public resources for campaign purposes. Ms. Combs went on to say she is unhappy with Federal Way and listed various reasons supporting her opinion. Betty Taylor spoke about concerns she has with the management of the apartment complex in which she resides. She described numerous problems and the steps she's taken to resolve the issues with individuals in and outside the apartment's management company. John Micciche stated he did not say or admit to committing any of the infractions. He provided a background of the violation process from his perspective and the steps he's taken to meet the City's requests for compliance. MOTION: Councilmember Ferrell moved to allow Mr. Micciche another three minutes to continue presenting his perspective. The motion died for lack of a second. Deputy Mayor Faison stated the public comment time for Mr. Micciche had expired and encouraged him to speak to Councilmembers directly. Dixie Hallenberoer's comments were read into the record by Deputy City Clerk Roe. The comments raised questions regarding how boats are defined and measured. The comments also noted code compliance issues for several properties in the City. Deborah Little thanked the Council for the opportunity to serve as a Diversity Commissioner. Christopher Cormier's comments were read into the record by Deputy City Clerk Roe. Mr. Cormier was one of the 16 anonymous individuals who submitted public comment forms supporting Ms. Taylor's complaints against their apartment complex. Mr. Cormier raised complaints of pest infestation, drug use, crime and filth. Meoan Graham spoke in support of Mr. Micciche. Councilmember Duclos urged that staff and Mr. Micciche work together to resolve the issue amicably. 5. CONSENT AGENDA a. Approval of Minutes: August 4, 2009 Regular & Special Meeting, August 8, 2009 Special Meeting, and August 25, 2009 Special Meeting APPROVED b. Vouchers FEDRAC 8-25-09 APPROVED c. Monthly Financial Report FEDRAC 8-25-09 APPROVED d. ORDINANCE Creating North Lake Management District No.2 and Setting Public Hearing Date 1 st reading 8-4-09 APPROVED ORDINANCE NO. 09-622 e. Energy Efficiency Grant (ECGB) Project Financing FEDRAC 8-25-09 PULLED/MOVED TO COUNCIL BUSINESS, 7B. f. Grant Funding for Transportation Improvement Projects FEDRAC 8-25-09 APPROVED g. RFP for State Lobbyist FEDRAC 8-25-09 APPROVED h. Washington State Archives Records Grant FEDRAC 8-25-09 APPROVED MOTION: Council member Ferrell moved approval of Consent Items A - H less item E. Councilmember Kochmar second. VOTE: Motion carried 6 - O. City Council Minutes - September I, 2009 Regular Meeting Page 2 of6 6. PUBLIC HEARING Deputy Mayor Faison opened the public hearing at 7:52 p.m. Acting Interim City Manager Enge provided a PowerPoint presentation outlining the impact of Initiative 1033 on Federal Way's finances. Mr. Enge stated 1-1033 would increase the projected 2011 operating deficit by $827,000 for a total of $1.5 million. The long-term fiscal impact would reduce general fund revenues available to spend on operations by $3.6 million through 2015. Mr. Enge summarized 1-1033 would limit revenue recovery due to economic cycles, further reduce general fund revenues, make permanent the temporary transfer of utility taxes, limit the ability to deal with unanticipated costs and response to emerging issues and increase the margin between revenues and costs. PRO/CON REPRESENTATIVE STATEMENTS: Deputy Mayor Faison opened the comment period to representatives from both sides of the issue. Each speaker was given for 10 minutes to present their position. CON REPRESENTATIVE: Aisling Kerins described negative effects of 1-1033 and listed the companies, organizations and agencies who have joined the opposition efforts to this initiative. She remarked the consequences experienced by the state of Colorado where a similar initiative was passed. She urged citizens and Council to vote no on this measure. PRO REPRESENTATIVE: None present. Councilmember Park inquired if representatives from the Pro position were invited. Assistant City Attorney Pearsall answered yes, people from both sides were invited to attend but not required to do so. PUBLIC COMMENT: H. David Kaplan compared 1-1033 to the earlier passage of 1-695. He remarked the stated goal of 1-685 was never realized and listed its negative impacts. He compared the failure of 1- 695 to this current initiative. He noted Federal Way is in a disastrous situation now and locking the City's future financial budget in at this basement level will put the City in a terrible position. Alexander Paterson inquired about the cost of special elections for a citizen-approved ballot measure to override the caps set by Initiative 1033. Deputy Mayor Faison clarified the City could go to the voters to override the cap but the cap remains for the portion that is not voter approved. As an example, if property taxes are $1.00 and they decline by $.10, then only that $.1 0 could be reinstated by voter approval. Mr. Enge concurred with this analogy. COUNCIL DISCUSSION: Councilmember Ferrell drew a comparison between this initiative and the problems the state of California is currently experiencing. Both California and Oregon have experienced dire circumstances because of the impacts of similar initiatives passed in their states. There are core functions of Washington state government that will not be met if these initiatives continue to erode the budgets of the state and local government. Mr. Ferrell will be voting against 1-1033. Councilmember Duclos concurred with Councilmember Ferrell. She noted Federal Way has been extremely conservative with its budget and is in a better position than other cities in our state. This initiative will penalize the City for its conservative budget. She will be supporting the no side. Council member Kochmar stated the City would be forced to cut core services if this initiative City Council Minutes - September 1, 2009 Regular Meeting Page 3 of6 passes. The City cannot be responsive and responsible to its citizens if this passes and further reduces the City's budget. Councilmember Kochmar opposes 1-1033. Councilmember Park described the current financial challenges already faced by the City. 1- 1033 will worsen this situation. He does not support 1-1033. Councilmember Burbidge has serious concerns about this initiative. Due to the current economic crisis, the City has already had to transfer utility tax revenue to fill the gap in the City's operating budget. This has impacted construction and maintenance of roads, parks and facilities. If 1-1033 passes, the City will not be able to maintain its infrastructure because as capital funds are eliminated, general funds must be used instead. She urged citizens to take a close look at the measure; she will be supporting a Council resolution opposing the initiative. Deputy Mayor Faison also has serious concerns. He noted generating new revenues from economic development growth in Federal Way would mean an identical loss/decline from property tax revenue. Therefore, there would be no incentive to continue economic growth. And, although voters could approve overriding the caps sent by 1-1033, the cost of putting the issue to a citizen vote would cost the City an estimated $100,000 per special election. He will be supporting a Council resolution to oppose the initiative. MOTION: Council member Ferrell moved to direct staff to draft a resolution reflecting the City Council's opposition to Initiative 1033 to be presented at the September 15, 2009 City Council meeting. Councilmember Park second. VOTE: Motion carried 6 - O. 7. COUNCIL BUSINESS a. Settlement Agreement with Lakehaven Utility District to Relinquish Easements in Right of Way. Assistant City Attorney Pearsall presented the staff report for Council consideration. MOTION: Councilmember Ferrell moved approval of the proposed settlement agreement and authorize the Interim City Manager to execute the necessary documents. Councilmember Duclos second. DISCUSSION: Councilmember Kochmar recused herself; she is an employee of Lakehaven Utility District. VOTE: Motion carried 5 - 0; Kochmar recused. b. Energy Efficiency Grant (ECGB) Project Financing Councilmember Park stated this issue had been discussed by the Finance, Economic Development and Regional Affairs Committee (FEDRAC) on August 25, 2009. Acting Interim City Manager Enge explained staff presented the FEDRAC Committee members with three proposals for grant funding to consider. Committee members then discussed the options and the alternatives for each. At the meeting, the Committee verbally reached consensus to approve the alternative on Issue #1, directing staff to pursue a loan of $323,000 (50% of the project cost). The payback of this loan would be made from energy savings in eight years or less. However, the Committee inadvertently moved to approve the staff recommendation rather than the alternative. Therefore, staff is requesting a clarifying motion to formally capture the Committee's consensus approving the staff alternative and authorizing staff to pursue a loan for this project. City Council Minutes - September 1,2009 Regular Meeting Page 40f6 MOTION: Councilmember Park moved to approve the amended staff recommendation (as explained by Mr. Enge) to pursue a state loan for the project. Kochmar second. VOTE: Motion carried 6 - o. 8. INTRODUCTION AND FIRST READING OF ORDINANCES a. Council Bill #503/Amendments to the Federal Way Revised Code (FWRC) Title 18 "Subdivisions" and Title 19 "Zonino and Development Code" 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 90-43) Deputy City Clerk Roe read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to a second reading for enactment on the September 15, 2009 Consent agenda. Councilmember Duclos second. VOTE: Motion carried 6 - O. b. Council Bill #504/Amendments to Federal Wav Revised Code (FWRC) Title 19.15.045 "Completeness of applications" reoardino vestino for use process applications. 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) Deputy City Clerk Roe read the ordinance title into the record. Senior Planner Margaret Clark presented Council with a corrected version of the ordinance as amended and approved by the Land Use and Transportation Committee. MOTION: Councilmember Kochmar moved to forward the ordinance as amended to a second reading for enactment at the September 15, 2009 Council meeting. Councilmember Duclos second. VOTE: Motion carried 6 - o. c. Council Bill #505/Criminal Code Update AN ORDI NANCE 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, S 1,1-6-09; Ord. Nos. 04-463, S 1,8-3-04; 02-429, S 3, 11-19-02; 00-374, S 1,9-19-00; 91-106, S 1,8-20-91; 91-89, S 1 (9.10.01 0),3-5- 91. Code 2001 S 6-61.) Deputy City Clerk Roe read the ordinance title into the record. MOTION: Councilmember Burbidge moved to forward the ordinance to the consent agenda at the September 15, 2009 Council meeting for enactment. Councilmember Park second. VOTE: Motion carried 6 - O. d. Council Bill #506/Amendino the Existino Interlocal Aqreement with SCORE and Approvino a New Interlocal Aoreement with the Cities of Des Moines. Renton. Auburn and the South County Correctional Entity 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) Deputy City Clerk Roe read the ordinance title into the record. Deputy Mayor Faison stated this ordinance, if approved, would be enacted at tonight's meeting. It will not be forwarded to a second reading at the next Council meeting. City Council Minutes - September J, 2009 Regular Meeting Page 5 of6 MOTION: Councilmember Park moved 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. Councilmember Ferrell second. DISCUSSION: Deputy Mayor Faison explained this ordinance has been brought about because of one member city's low credit score. That city's credit score would have negatively impacted the other member cities, resulting in higher costs for everyone. The proposed ordinance protects the other cities, including Federal Way. VOTE: Motion carried 6 - o. 9. COUNCIL REPORTS Council member Burbidge reported the next PRHSPS meeting is September 8,2009 and she reviewed the meeting agenda. On September 9 she will attend the Policy Issues Committee meeting of the Suburban Cities' Association chaired by Councilmember Kochmar. Next Thursday she will be attending the monthly meeting of the Transportation Policy Board in Seattle. Councilmember Park announced the City/Federal Way Chamber of Commerce Economic Development Committee meeting on Thursday at 7:30 a.m. at the Chamber offices. Councilmember Kochmar noted the Suburban Cities Policy Issues Committee meeting on September 9 (as mentioned by Councilmember Burbidge). Of interest is the recommendation to the King County Council to increase METRO transportation fares before taking steps to reduce services. Transportation 2040 and opposition to 1-1033 will also be discussed. No reports given by Councilmembers Duclos, Ferrell and Deputy Mayor Faison. 10. CITY MANAGER REPORT Acting Interim City Manager Enge announced the City successfully submitted its $2.1 million Local Revitalization Area grant application to the state. Thanks to the diligent efforts of Economic Development Director Patrick Doherty, Federal Way was the fifth city to submit an application for this competitive grant. Hopefully, good news will be announced soon! 11. ADJOURNMENT With no further business before the Council, Deputy Mayor Faison adjourned the meeting at 8:48 p.m. ATTEST: Krystal Roe, Deputy City Clerk Approved by Council: City Council Minutes - September 1, 2009 Regular Meeting Page 60f6 COUNCIL MEETING DATE: 9/15/2009 ITEM#:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REGIONAL HAZARD MITIGATION PLAN ADOPTION POLICY QUESTION: Should the City of Federal Way adopt the revised Regional Hazard Mitigation Plan of King County, including the revised Federal Way Annex and associated mitigation initiatives? COMMITTEE: PARKS, RECREATION AND PUBLIC SAFETY MEETING DATE: 8/11/2009 " .~.!~l!.I.:...~.J:>2~!..~Y:M~!Y..f:l:2~4~Y1~~.~Eg~':l~YM~~~gm . o o Other ~ DEPT: PUBLIC WORKS ..................~C7.~...._......-=............................................................................................................................. Attachments: Revised Federal Way Annex and Initiatives; Draft Resolution CATEGORY: [8] Consent o City Council Business o Ordinance [8] Public Hearing Resolution Options Considered: 1) Approve the Resolution for adoption of the revised Hazard Mitigation Plan of King County. 2) Do not approve the Resolution for adoption of the revised Hazard Mitigation Plan of King County and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the September 15,2009 City Council for approval 7/11 1JN7 /\ ~k"""'lIJ~ CITY MANAGER ApPROVAL: /J.lv.lfVVl jA ,~/rDIRECTORAPPROVAL: Committee Council ~ /!A1Il Committee Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the September 15, 2009 City Council for approval. i Committee Chair PROPOSED COUNCIL MOTlON(S): "I m approval of the Resolution for adoption of the revised Regional Hazard Mitigation Plan of King County, pending approval by FEMA, including the revised jurisdictional Annex and initiatives." (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 # I ST reading Enactment reading ORDINANCE # RESOLUTION # RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing continued participation in the King County Regional Hazard Mitigation Plan. WHEREAS, the City Council approved continuation in the Regional Hazard Mitigation Plan of King County through the signing of the County's Signature ofIntent Form at the July 21, 2009 City Council Meeting in recognition of its vulnerability to natural, technological and man-made disasters and its commitment toward minimizing the effects of such disasters upon the community; and WHEREAS, FEMA requires City adoption of revised plans through public Resolution; and WHEREAS, All Regional Hazard Mitigation Plans must also be approved by FEMA, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council of F ederal Way hereby approves conditional adoption of the revised plan, attached hereto as Exhibit A, upon the approval of the revised plan by FEMA. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any Resolution No. 09- Page 1 of2 Rev 3/09 references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 09- Page 2 of2 Rev 3/09 E )t h-i hi/- 14- Regional Hazard Mitigation Plan of King County City of Federal Way Annex ~ CITY OF ~ ~ Federal Way Regional Hazard Mitigation Plan City of Federal Way Annex Jurisdictional Profile Federal Way was incorporated in 1990 and is centrally located in the southwestern comer of King County, situated 25 miles south of downtown Seattle and eight miles north of downtown Tacoma. The city occupies approximately 22 square miles on a plateau between Puget Sound and the Green River Valley. The overall community of Federal Way is bordered on the west by the shores of Puget Sound and shares common boundaries with the cities of Tacoma, Milton, Edgewood, Algona, Pacific, Auburn, Kent and Des Moines, and an unincorporated area of King County. While the citizen population of Federal Way is 88,000 according to City records, the Greater Federal Way Community represents a total of approximately 100,000 people who live, work and attend schools and other programs within the influence of the City of Federal Way. The community is diversified with the spectra from high-priced shoreline view neighborhoods, to high-density multi-family apartment complexes. In addition to English, there are some distinct ethnic neighborhoods, including Spanish, Russian and Korean, where local dialects are often the primary languages for the neighborhood businesses and residents. There are several Fortune 1000 global headquarters, commercial and retail centers, schools, churches and several large medical centers. The city is located at a key transportation hub on Interstate 5. Interstate 5 and State Highways 99, 161, and 509 provide north/south transit options: State Highway 18 offers direct access to the state's main east-west corridor, Interstate 90. There are seven major roadways that serve the activity centers within Federal Way, including the South 320th Street corridor between Pacific Highway South (SR-99) and 1-5. City Governance The local Governance of Federal Way includes seven elected officials with a Mayor elected by the Council, all serving a 4-year term. There are three primary Committees reporting to the council, with each Committee containing 3 council members as well as leaders from various organizations within the City> These Committees are; 1 )Finance, Economic Development & Regional Affairs Committee, 2)Land Use and Transportation Committee and, 3)Parks, Recreation, Human Services & Public Safety Committee (PRHSPSC) Federal Way employees it own Public Works services as well as Police Department. Fire and rescue services are contracted through South King Fire and Rescue. The City receives the majority of its water and sewer service through Lakehaven Utility District with a smaller segment being serviced through Tacoma Water. The majority of electricity and natural gas services are provided through Puget Sound Energy with a smaller segment being serviced through Tacoma Power. Public education is provided through the Federal Way School District. All contracted service providers, with the exception of Tacoma Water and Tacoma Power, also participate in the King County Regional Hazard Mitigation Plan through individual Annexes. A number of independent health care facilities serve Federal Way medical needs including St. Francis Hospital, Virginia Mason Clinic and Group Health. KC Regional Hazard Mitigation Plan - Federal Way Annex REV. 09/2009 2 Regional Hazard Mitigation Plan City of Federal Way Annex City of Federal Way Fedelral Way, Washington Cly ~ F8l3eral Way, 33325 8It1 Ave S. Fed 'A 98000 (253) . 4~"~_1 ..... WWW,OII"~'!lrwa)'~wQ'u" A N Mile TlIismap Ii i~d ~WI$ua 1ROm:at ~nIllmn~L.'f, 1119;;ity cr Fara) WW ~I noWilmll'!l:tU>> i\$ ~y. o 1/2 1 K1~ Af....w.y Ii.'^-r~~ ml KC Regional Hazard Mitigation Plan - Federal Way Annex REV. 09/2009 3 Regional Hazard Mitigation Plan City of Federal Way Annex 2009 Plannine Process In identifying appropriate updates and initiatives for the 2009 updates, a Regional Hazard Mitigation Working Group was formed. The working group consists of Public Works and Emergency Management leadership. The group held three meetings during the revision process. The group reviewed the current City mitigation strategy making changes as appropriate, reviewed the progress made on prior mitigation initiatives and identified attainable projects to include in the revised plan cycle and reviewed the FEMA How-To-Guide on Benefit-Cost Review models. In addition to the Working Group meetings, Emergency Management representatives met with South King Fire and Rescue, Lakehaven Utility District and Federal Way Schools to discuss possible collaborative initiative opportunities given all serve the citizens of Federal Way. The updated plan was presented to the City's Parks, Recreation, Human Services, Public Safety Committee for initial review and comment prior to presentation at a Public City Council Meeting. During the public City Council Meeting, citizens were invited to view the plan and to provide comment via the City's website. Incorvoration of Reeional Hazard Mitieation Plan with Other City Mechanisms The RHMP Working Group reviewed the list of possible relationships noted within the FEMA Local Multi-Hazard Mitigation Planning Guidance resource and identified the following as areas for which awareness of the Regional Hazard Mitigation Plan and the City's Annex would be important toward continual improvement. A cover letter along with the plan was then sent to the appropriate source. The City will continue to work with these entities to increase the awareness of and stress the importance of hazard mitigation efforts. 1. Comprehensive Emergency Management Plan 2. Capital Improvement Plan 3. Planning Commission 4. Public Works 5. Land Use & Transportation Committee 6. Parks, Recreation, Human Services & Public Safety Committee 7. Finance, Economic Development & Regional Affairs Committee The RHMP Working Group will consider additional sources on an ongoing basis identifying those whose relationship is conducive toward supporting the Plan's Mitigation Strategy, Goals and Objectives. National Flood Insurance Proeram The City of Federal Way currently subscribes to the NFIP. Repetitive Loss Properties The City of Federal Way incurred approximately $180,000 in damage mitigation costs related to severe winter storms. Mitigation efforts included deployment of snow plows and application of de-icing fluid on targeted roadways. These efforts helped to mitigate personal injuries, maintain critical infrastructure, support emergency services and minimize damage. KC Regional Hazard Mitigation Plan - Federal Way Annex REV. 09/2009 4 Regional Hazard Mitigation Plan City of Federal Way Annex Hazard Mithmtion Plan Adoption. Development and Maintenance The City of Federal Way's participation in the Regional Hazard Mitigation Plan supports both the Regional Mission Statement and the Regional Goals and Objectives in the development of City Annex pages. The City of Federal Way will incorporate the following processes in the development, adoption and maintenance of the Regional Hazard Mitigation Plan Annex: 1) A Regional Hazard Mitigation Plan Working Group, consisting of Public Works and Emergency Management personnel will maintain the City's Annex pages and will ensure the accuracy of City Profile information, determine the City's mitigation strategy and identify supporting initiatives, establishing priority according to recommended FEMA and King County prioritization models. 2) In support of enhancing partnerships and planning activities, a representative of the City's RHMP Working Group will meet with other plan participants who provide services to the City in order to explore potential initiative synergies. 3) A representative from the RHMP Working Group will present, in draft form, the revised City Annex to the Parks, Recreation, Human Services and Public Safety Committee, which is represented by City Council members, City management and a number of private organizations and citizens and the agenda and minutes of which are published to the general public. Prior to seeking adoption of the City's RHMP Annex, it will ask this Committee for its support in recommending adoption by Council. 4) The Citizen's of Federal Way shall have access to the City's Regional Hazard Mitigation Plan via the City website. During the draft phase of development, the public will be made aware of the ability to view plan content and provide input as desired. The invitation to view the plan will be announced at Committee meetings and City Council meetings. 5) After Committee review and a public comment period, the plan will be presented at a regularly scheduled public City Council Meeting seeking conditional adoption of the plan pending FEMA's approval. 6) Once FEMA approval is obtained, Council will be asked to formally adopt via Resolution. 7) The Regional Hazard Mitigation Working Group shall review the plan strategy and initiatives on an annual basis at mid-year to gain an overall progress status report. The plan will also be reviewed after each major disaster event with changes to initiative priorities made if appropriate. 8) A representative of the Regional Hazard Mitigation Working Group shall attend meetings held by King County Office of Emergency Management in relation to the RHMP and will follow recommended revision requirements as requested by KCOEM. KC Regional Hazard Mitigation Plan - Federal Way Annex REV. 09/2009 5 Regional Hazard Mitigation Plan City of Federal Way Annex Critical City Facility Inventory Critical Facility Type Jurisdiction Controlled Maximum $ Loss Controlled Facilities Not under Facilities Facilities Jurisdiction Control Continuity of Government . Federal Way City Hall . $11,035,000 U.S. Postal Bulk Mail or Administration . Federal Way Community . $9,900,000 Center Center King County Aquatics . Dumas Bay Center . $7,741,000 Center . Steel Lake Maintenance . $318,000 Life Safety & Medical . Saint Francis Hospital . Virginia Mason Medical Center . King County Public Health . See South King Fire & Rescue RHMP annex Transportation . Federal Way Transit Center . 1-5 . SR-99 . HWY 18 . Overpass @ 1-5 & HWY 18 . Overpass @ 1-5 & 320th . Overpass @ 1-5 & 272" Education . See Federal Way Public Schools RHMP annex . DeVry . Highline Community Colleoe Utilities . BPA power lines . Olympic Pipe line . See Lakehaven Utility District RHMP annex Community Services . Multi-Service Center (food bank) . Evergreen Lodge (assisted living) . Foundation House (assisted living) . Garden Terrace (Alzheimer's Center) . Village Green (Retirement village) . WoodMark (assisted living) . Avalon Care Center . (assisted living) . HallMark Manor . (assisted living) . Life Care Center . (assisted livina) KC Regional Hazard Mitigation Plan - Federal Way Annex REV. 09/2009 6 Regional Hazard Mitigation Plan City of Federal Way Annex 2003 Initiatives Pro2ress Reoort 1) Develop & implement programs to coordinate maintenance personnel response activities during severe winter storm events. The City developed a flooding "Hot Spot" list to enable timely mitigation activities during times of heavy rain. The list also facilitates a rapid assessment approach in determining distribution of response resources. Public Works also developed an Employee Emergency Handbook. The handbook contains policies and procedures related to severe weather response, an emergency phone list, equipment list and various maps including a map identifying de-icing routes. 2) Develop a response plan to be implemented in the event of a surface water storage facility breach. including property-owner notification and post-event assessment. The Panther Lake EOP was updated to include notification procedures, downstream mapping and affected structures, appropriate response to emerging conditions and preventative actions. A similar EOP for Kit's Comer will be added to the 2009 mitigation initiatives. 3) Adopt the International Building Code and evaluate additional building code application for increasing the protection of life and property. The IBC was adopted in 2004 and has implemented changes according to IBC amendments. The City also complies with the Washington State Building Code. 4) Encourage seismic retrofitting in all structures including homes. schools. businesses and Government offices. In 2007 the City of Federal Way along with Home Depot and Lowe's sponsored a week long focus on seismic retrofitting of homes and businesses. The week included talks and workshops about how to secure water heaters, appliances and other seismic home and office hazards. Federal Way City Hall was inspected to identify areas that could use seismic retrofitting information was then passed on to the facility group to be included in their maintenance schedule and monthly Safety Meeting. 5) Install backup generators in City Hall in order to maintain City services in the event of a power outage and to ensure the City's EOC is able to operate if activation is required. A 750kw backup generator was installed in 2004. In 2008 an additional 500gal diesel fuel tank was added to increase generator run-time. 6) Increase public awareness and preparedness related to hazards within the local area as well as increase participation in CERT. The City currently schedules three CERT classes per year as well as offers a neighborhood preparedness option and maintains a list of participating neighborhoods. Additionally, the City's Emergency Management Department maintains City website pages that include the publishing of various emergency plans, information regarding hazard identification and response, the City's public warning system (CodeRed), educational opportunities and more. The CodeRed system was incorporated in 2008 and is now the City's primary public emergency notification system. The department also publishes a monthly article in the local newspaper. 9) Map and identify locations around the City that are affected by repetitive or predicted hazards. The City has developed slide maps and de-icing maps as well as a Surface Water Management "Hot Spot" checklist identifying locations that are prone to excess surface water. KC Regional Hazard Mitigation Plan - Federal Way Annex REV. 09/2009 7 Regional Hazard Mitigation Plan City of Federal Way Annex Jurisdictional Hazards The City of Federal Way agrees that it is vulnerable to the hazards noted within the greater Regional Hazard Mitigation Plan. The following HIV A Table, as published within the City's Comprehensive Emergency Management Plan, further describes the City's vulnerability to the hazards most likely to occur within City boundaries: HAZARD IDENTIFICATION AND VULNERABILITY ASSESSMENT TABLE HAZARD PROBABILITY IMPACT WARNING CIVIL DISTURBANCE LOW MODERATE YES DROUGHT / HEAT LOW LOW YES EARTHQUAKE MODERATE HIGH NO FIRE URBAN / WILDLAND INTERFACE LOW MODERATE YES FLOODING LOW LOW YES HAZMA T MODERATE HIGH NO LANDSLIDES LOW MODERATE NO PANDEMIC FLU LOW HIGH YES SEVERE WEATHER HIGH HIGH YES WINTER STORM TERRORISM LOW HIGH NO TRANSPORTATION ACCIDENT LOW MODERATE NO (AIRLINER) TSUNAMIS/SEICHES LOW MODERATE YES UTILITY OUTAGES HIGH MODERATE NO (OVER 24 HOURS AREA WIDE) VOLCANOES LOW HIGH YES Probability was determined by the event having occurred in the Greater Federal Way area. See below for category definition: High: Yearly, Moderate: Two - Ten Years, Low: Beyond Ten years Impact was determined by the event having any two of the items listed in the category. High: Large population effected, wide property destroyed or severely damaged, all response resources overwhelmed. Moderate: Localized population effected, localized property destroyed or damaged, all response resources strained. Low: Small population affected, light property damage, additional response resource called in. KC Regional Hazard Mitigation Plan - Federal Way Annex REV. 09/2009 8 Regional Hazard Mitigation Plan City of Federal Way Annex Miti2ation Strate2V The City of Federal Way's Mitigation Strategy, Goals and Objectives support those noted within the Regional Hazard Mitigation Plan, including the incorporation of actions to 1) Protect Life and Property, 2) Support Emergency Services, 3) Increase Public Awareness, 4) Preserve Natural Systems and Resources, 5) Encourage Partnerships and 6) Enhance Planning Activities. Additionally, the City's Strategy will include: 1) The preservation of continuity of government, and responding to Community needs. 2) Participation in regional disaster, emergency response and management plans according to Federal guidelines and requirements. 3) Educating the public, business and special populations on personal hazard mitigation and emergency preparedness through a variety of media including classes, local newspaper articles and the City's website. 2009 Implementation and Prioritv Levels The 2009 Federal Way Annex will focus hazard mitigation initiatives on those hazards which received a "High" or "Medium" probability of occurrence as noted within the City's Hazard Identification and Vulnerability Assessment Table (HIV A Table). The City plans to place further focus on hazards receiving a "Low" probability within the 2014 plan review. Additionally, the hazard "Flooding" refers to localized urban flooding within the City of Federal Way. Initiatives Mitigation initiatives were developed to support the Regional Hazard Mitigation Goals and Objectives. Each mitigation initiative was given a priority level of low, medium or high based on benefit-cost review, using recommended models as provided within the FEMA "How-To Guide: Using Benefit-Cost Review in Mitigation Planning." High priority levels were given to mitigation initiatives that have high benefit cost ratio and committed funding or high chance of receiving funding. Medium priority levels were given to mitigation initiatives that have high benefit cost ratio with low-medium chance of funding. Low priority levels were given to mitigation initiatives that have low benefit cost ratio and low chance of funding. KC Regional Hazard Mitigation Plan - Federal Way Annex REV. 09/2009 9 Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 1 Type of Hazard: Utility Outage Category: Increase Public Awareness Priority: Plan Adoption # (tracking #) Brief Description of Project: Provide timely information regarding mitigation measures the public can take before/during/after a lengthy utility outage using a variety of medium including City web pages, local newspaper articles and public education seminars. Rationale for project: Federal Way experiences utility outages primarily during the winter storm season. Depending on the length of the outage, injuries and property damage can occur due to alternate heating sources, improper turn-off/on of utility mains, etc. Keeping the public informed of precautionary measures can help mitigate injuries and damage. RHMP Goals: Increase Public Awareness RHMP Objectives: Enhance public knowledge of hazards and potential impacts Lead Jurisdiction: City of Federal Way Participating Jurisdictions: Puget Sound Energy Cost of Project: $1000 Estimated time period implemented: annually once per quarter Funding Sources: employee time currently funded City funds as available for printing cost Matching % Primary Secondary Tertiary Source and Date: Unknown Adoptive date and/or Ordinance # In future Status: BCR: 18 Benefit/Cost Review Mitigation Action: Offer public education opportunities related to wide-spread utility outa2es to reduce the potential for iniuries and property dama2e. Review Tool I - Measuring Vulnerability Before & After Mitigation Vulnerability Before Action After Action Difference Number of people Any homeowner or Same as before but Less impact affected tenant less may experience impact Number of properties 20 2 18 Property Damage ($) $20,000* each year $2,000 each year $18,000 each year Loss of Use 6 homes each year 3 homes each year 3 homes Loss of Life (#) 1 every 5 years 1 every 10 years Reduced by half * assumes $1,000 per home Review Tool 2 - Benefits Risk Reduction An educated property owner is less likely to experience damages or injury associated with utility outages. Associated Community Goals Less emergency occurrences result in less deployment of emergency resources resulting in overall emergency response improvement. Ease of Implementation Material content and speakers are already available, easy to implement. Ease of Funding Costs are based on current employee time w/minor printing expense. Political/Social Acceptance When similar seminars were offered in the past high participation was experienced indicating a positive citizen response. Review Tool 3 - Costs Materials/Seminar Facilitators/Class Facilities The majority of costs are already funded FTE man hours, resulting in minimal new outlay for printing. Cost: Benefit: BCR: $1,000 $18,000 18 Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 2 Type of Hazard: Earthquake Category: Increase Public Awareness Priority: Plan Adoption # (tracking #) Brief Description of Project: Encourage resident and business earthquake hazard mitigation actions through a unified public awareness campaign sponsored by City Emergency Management, South King Fire and Rescue, Federal Way Public Schools, Lakehaven Utility District and local home improvement stores. Rationale for project: A major contributor toward earthquake injuries and property damage is the result of unanchored, heavy objects falling, even during lower magnitude earthquakes. By encouraging public mitigation efforts, injuries and damages may be minimized. RHMP Goals: Increase Public Awareness RHMP Objectives: Enhance public knowledge of hazards, potential impacts and mitigation actions. Lead Jurisdiction: City of Federal Way Participating Jurisdictions: South King Fire & Rescue, Federal Way Public Schools, Lakehaven Utility District Cost of Project: $4,000 Estimated time period implemented: 2010 - 2012 Funding Sources: employee time currently funded City funds as available for campaign materials Matching % Primary Secondary Tertiary Source and Date: Unknown Adoptive date and/or Ordinance # In future Status: BCR:9 Benefit/Cost Review Mitigation Action: Encoura2e resident and business earthquake hazard miti2ation actions throu2h a unified Dublic awareness camDai2n. R' T 11 M VI bTt B tI & Aft M't" t eVlew 00 - easunng u nera 1 1 Y e ore er 1 Iga IOn Vulnerability Before Action After Action Difference Number of people Any homeowner or Same as before but Less impact affected tenant less may experience impact Number of properties 100 25 75 Property Damage ($) $50,000* every 2 yrs $12,500 very 2 yrs $37,500 every 2 yrs Loss of Life (#) 1 every 20 years 1 every 10 years Reduced by half * assumes $500 per home Review Tool 2 - Benefits Risk Reduction By taking basic earthquake hazard mitigation steps, such the anchoring of heavy furniture, the risk of damage or injury can be reduced. Associated Community Goals The offering of free education seminars and demonstrations augments the City's mission to be a community-based service organization. Ease of Implementation Material content and speakers are already available, easy to implement. Ease of Funding Costs are based on current employee time w/minor advertising and printing costs Political/Social Acceptance When similar seminars were offered in the past high participation was experienced indicating a positive citizen response. Review Tool 3 - Costs Materials/Seminar Facilitators/Class Facilities The majority of costs are already funded FTE man hours, resulting in minimal cost to implement. Cost: Benefit: BCR: $4,000 $37,500 9 Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 3 Type of Hazard: Hazmat Category: Support Emergency Services Priority: Plan Adoption # (tracking #) Brief Description of Project: Obtain a list of EPCRA Tier II facilities and develop corresponding map for use in EOC operations. Rationale for project: A Tier II EPCRA map for use within the EOC during times of disaster will assist in strategy decisions, EAP development and resource deployment which may ultimately result in reducing the threat to emergency personnel and citizens. RHMP Goals: Support Emergency Services RHMP Objectives: Enhance public knowledge of hazards, potential impacts and mitigation actions. Lead Jurisdiction: City of Federal Way Participating Jurisdictions: South King Fire & Rescue, Federal Way Public Schools, Lakehaven Utility District Cost of Project: $4,800 Estimated time period implemented: 2010 - 2012 Funding Sources: Currently funded Matching % Primary Secondary Tertiary Source and Date: Unknown Adoptive date and/or Ordinance # In future Status: BCR: 479 Benefit/Cost Review Mitigation Action: Obtain a list of EPCRA Tier II facilities and develop correspondin2 map for use in EOC operations. Review Tool} - Measuring Vulnerability Before & After Mitigation Vulnerability Before Action After Action Difference Number of people Citizens w/in Same as before but Less impact affected proximity to Tier II less may experience facilities as well as impact emergency responders Loss of Life (#) } 0 $2.3 million Review Tool 2 - Benefits Risk Reduction Having an EPCRA Tier II map during emergency operations may reduce a loss of life by prompting early citizen evacuation measures or advance emergency response worker warnings. Associated Community Goals Increases the safety of citizens and emergency workers during times of disaster. Ease of Implementation A list of facilities is already available and a creation of an accompanying map is easy to implement. Ease of Funding The effort involves only staff time, which is currently funded. Review Tool 3 - Costs I Man Hours I Currently funded through City Cost: $4,800 Benefit: $2.3 million BCR: 479 Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 4 Type of Hazard: Localized Urban Flooding Category: Protect Life & Property Priority: Plan Adoption # (tracking #) Brief Description of Project: Review 44th Ave SW pond to determine retrofit options to eliminate the potential of localized flooding and complete repairs as appropriate. Rationale for project: Reduce the threat of localized flooding to properties located within potential localized flooding zone which saves residents the burden of related repair costs and allows time for adequate City planning to explore cost-effective options. RHMP Goals: Protect Life & Property RHMP Objectives: Implement cost- effective activities in an effort to make assets more resistant to losses of localized flooding. Lead Jurisdiction: City of Federal Way Participating Jurisdictions: Cost of Project: $15,000 Estimated time period implemented: 2010 - 2012 Funding Sources: City funds and/or grant funding as available Matching % Primary Secondary Tertiary Source and Date: Unknown Adoptive date and/or Ordinance # In future Status: BCR:8 Benefit/Cost Review Mitigation Action: Review 44th Ave SW pond to determine retrofit options to eliminate the potential of localized floodin2 and complete repairs as appropriate. Vulnerability Before Action After Action Difference Number of properties 6 0 Less impact affected Property Damage ($) $120,000* $0 $120,000 * assumes $20,000 per property if pond water flooded due to significant rain and or heavy snow/ice thaw Review Tool 2 - Benefits Risk Reduction By installing a new outlet to the pond, the possibility of significant localized flooding is reduced. Associated Community Goals Protection of public infrastructure Ease of Implementation Work can be accomplished by City maintenance crews Ease of Funding Funds may be available in the maintenance budget, depending on priority. Review Tool 3 - Costs Man hours + Retrofit Materials Maintenance crews are already funded, primary cost is related to retrofit materials required for the new outlet. Cost: Benefit: BCR: $15,000 $120,000 8 Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 5 Type of Hazard: Localized Urban Flooding Category: Support Emergency Services Priority: Plan Adoption # (tracking #) Brief Description of Project: Create a Surface Water Hot-Spot map corresponding to the current checklist so locations are easily identifiable to emergency response crews. The map will also be a resource tool for EOC staff. Rationale for project: Reduce the potential for significant localized flooding of emergency routes which may lead to road closure and reduced response time. Depending on the related emergency resource needed, lives and property could be dependant on the ability for responders to arrive quickly. RHMP Goals: Protect Life & Property RHMP Objectives: Maintain essential services and infrastructure during disaster Lead Jurisdiction: City of Federal Way Participating Jurisdictions: Cost of Project: $1,000 Estimated time period implemented: 4 months Funding Sources: City funds Matching % Primary Secondary Tertiary Source and Date: Unknown Adoptive date and/or Ordinance # In future Status: BCR: 460 Benefit/Cost Review Mitigation Action: Create a Surface Water Hot-Spot map correspondim~ to the current checklist so locations are easily identifiable to emen!:encv response crews. The map will also be a resource tool for EOC staff. Vulnerability Before Action After Action Difference Number of people Any citizen who may Same as before but Less impact affected experience a life- less may experience threatening injury impact during a disaster which has accompanymg localized flooding Loss of Life (#) 1 every 5 years 0 $460,000 * assumes $2.3 million per life saved/5 years Review Tool 2 - Benefits Risk Reduction Mapping of Surface Water hot-spots will enable crews to quickly identify, locate and inspect these locations to ensure roads are free of significant surface water that could result in road closure during emergencies. Keeping roads clear enables rescue crews to arrive where needed without preventative delays. Associated Community Goals Allows for faster response time. Ease of Implementation A list of locations is already made which are easily converted into mapping detail Ease of Funding Costs are minimal and require current employee time Review Tool 3 - Costs I Mapping I Costs are already funded Cost: Benefit: BCR: $1,000 $460,000 460 Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 6 Type of Hazard: Support Emergency Services/Severe Storm Response Category: Coordinate maintenance personnel response using GPS Priority: Low Plan Adoption # (tracking #) Brief Description of Project: The system will provide "real time" location of equipment (resources) during an emergency event such as severe winter storms and also status including: vehicle running, air bags deployed and fuel depending upon vehicle, using GPS equipment. This will also include hardware and software at City Hall and the Maintenance Department to track and deploy the equipment/resources. Rationale for project: Communications, including knowing the location and status of resources is essential for timely response to any emergency and for assisting with protecting essential infrastructure. This system can also be used by the field crews to report & track any emergency they may encounter during the course of the emergency. RHMP Goals: Support Emergency Services RHMP Objectives: Track resources. Lead Jurisdiction: City of Federal Way Participating Jurisdictions: Cost of Project: $120,000 (20 vehicles @ $5,000 plus $10,000 per base) plus $500 per year. Estimated time period implemented: At least 5 years if grants are available. Funding Sources: Unfunded, will look at grants and City funds as available Matching % Primary Secondary Tertiary Source and Date: Unknown at this time. Adoptive date and/or Ordinance # In future Status: Benefit/Cost Ratio: 4 Benefit/Cost Review Mitigation Action: Usin2 GPS equipment. provide "real time" location of equipment (resources) durin2 an emere:ency event to aid in more efficient deployment and trackine:. Vulnerability Before Action After Action Difference Number of people All residents Same as before but Less impact affected less may experience impact Loss of Life (#) 1 every 5 years 0 $460,000 * assumes $2.3 million per life saved/5 years Review Tool 2 - Benefits Risk Reduction Knowing the location and status of resources is essential for timely response which could reduce the life safety risk Associated Community Goals Allows for faster response time. Ease of Implementation Once equipment is purchased, it will be necessary to train employees on correct use during emergency situations Ease of Funding Currently funding is not available, however a staggered implementation over 5 years will improve availability Review Tool 3 - Costs I Equipment & training time I Unfunded Cost: Benefit: BCR: $120,000 $460,000 4 Initiatives Priority Table Initiative BeR Funding Probability Priority l. Public education related to wide-spread utility 18 High High outal!es 2. Public awareness campaign to encourage 9 High High earthquake hazard mitil!ation actions 3. Create EPCRA Tier II HAZMA T Facilities map for 479 High High use in EOC 4. Determine & complete retrofit plan to eliminate the potential of localized flooding related to 44th Ave 8 Medium Low SW pond 5. Create a Surface Water Hot-Spot map for use 460 High High during emergency operation resource allocation 6. Install GPS system to aid in resource allocation & 4 Low Low trackinl! during an emerl!encv event .......................:..............5. 11. ITEM #: LI .. .........................._~... COUNCIL MEETING DATE: Sp.ott"Knber I~, 'WO'1 ...................................................................................................................._.._...............m....._.,..~r.mm......,.._...........'....m.m...................._...................................._ 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 (LUTC) MEETING DATE: August 3, 2009 !.:.Jr EGO RY: ~ Consent o City Council Business ST AFF REpORT By: Senior Planner Deb Barker ... ....... _...m .m.. . ................ ....................__............._ .....m.......~ ................. ......... ... no.. [81 o Ordinance Resolution o Public Hearing o Other ._~J!:I:''J::~(}l!lI!l~i!ypey~lop~~~~~~Y!(;~~ 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 1, U, 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: (1) 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: (1) 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 RECOMMENDATION: Staff recommends that the Council approve Option #1; adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance. CITY MA..l'\'AGER ApPROVAL: ~ Committee I).""'\~,)" \)Ii DIRECTOR ApPROVAL: ;~~~I ~ V'_ Committee ~ COMMITTEE RECOMMENDATION: Forward Option #1; adopt the Planning Commission's recommendation as contained in the Dean Adoption Q,dinancc to full Council on Sop. bee, ~009, 10, illst ,eading. a . ~ im F D~ Duclos, Member K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTClagenda bill fjJr FWRC 18 & 19.doc PROPOSED COUNCIL MOTION(S): 1sT READING OF ORDINANCE (09/01109): U[ 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): "[ move approval of the LUTe's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. " COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION 11/ 'J l5t MOVED TO SECOND READING (ordinances only) ttl 1(16/01 ~\ISED - 02106/2006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # =* tiJ3 0/i/OQ K:\2009 Code AmendmentslPlat and LUA ExtensionslPlat & LUA time limits and vestingILUTClagenda bill tpr 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 29-43) WHEREAS, the City recognizes the need to periodicaijyrnq,IMy Title 18 of the Federal .......... ............"..... ..... .......... Way Revised Code (FWRC), "Subdivisions," and '9J~!'!:0J'9 of the;::~C, "Zoning and .1"?-;-" .,.~~~, '.:,,:,:,,::::,:,:,::. Development Code," in order to conform to st'and f~~deral law, c~airyt:{ldII!tnistrative .,~f~g~~ 'r~~ "':::{~{j~}}j~~~::::::" practices, clarify and update zoning regulations ~ d~~i:l".nec~<tty, and improvJthe efficiency I~A"'0~00 . ';-"1%/'W)ij' ..~{!(~ of the regulations and the development ft0~j.;process; and;'~ WHEREAS, this ordinance, contaftfiWgamendments to.~tfment regulations and the .\,.... ...;...::..... ~,../ .. ................... .~ text of Title 18 FWRC and Title 19 FWRC, Ii~ cq,pli~a~~tmI1Jtocess VI review, chapter 19.80 ,J&..~~.. ':>"i: FWRC, pursuant to ch;;\111th 19:~...RC; and) . ,;:%jjt'.\\ ,#ff$ffit.~ ..:::',,: WHEREAS~ th6W~~re dlfpturn in the I~Ca. dr, regional, and national housing markets, .~.;,.~., /.,m:~~:f~~;~;;;';-;- , . _ .{:: ;~dili."d'0' %::r%"'4~/,:,.,:,:..." ..~..,i/ .........:.:.:.:..... ~ .~%i~;;:;:".0f0;:';' reduced d:~a:f~t~mM':houSl'~~ghteniffg@edit market, difficulty in obtaining the financing .::..,::'.. ..'.:'::,::,::':':::::::::.. 'i1"~. neces.~~~~;to complete<i.lrJ)ject, ~;.~e}1erallY poor conditions for development activity have i..n.::...., resulted iria~,~p:ation where!~velopers of new housing, subdivisions, and commercial projects ._..,..,.. u... .......... ."... are unable to finat~~geveloijPient proposals in a timely manner; and . _q" .......... .... .......... .... .......... .... ...."".. 'un ......... ...... .......... ... .......... ...... .......... ..... .......... ...... ........... ....... ........ ........ WHEREAS, tli!.Master 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 10fl4 Rev 3/09 Land Use, K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUTC\ORDINAJ'\JCE for FWRC 18 &19.doc 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 fin,;:}ipCialjnstitutions and other ...... .. ...... . investors which have provided financing in support of a develqptfferi:tfPfpposal; and ...... .......... .,.... ..H...... .. ... .... ...... ....... .......... ...... .......... ....... .......... .......- . ........ ...... .......... ....-. .......--. ...-" .......... ..... .......... .... .......... ....- .......... WHEREAS, the national scale of the housing.mw:!<ttdowntJrtl,.lWd tightening credit . . - . . . . . . . , . . . . . .......... .... WHEREAS, construction relatec4f!ftivity is a significantJax generator and provides much ~~;if:lPJ~%;~~.. , ..::::;t!~~%j~~\\ needed revenue to local governments to fi_g~~~ed public s~fV~~es(~md .,,~. c':'~WfIJ!t~.. ./ WHEREAS, FWR~....~~:~~ 18 and F~.JII~l.?f9,~~,ior extensions of development :.::(~}}~:~:}~{t~~~~{~;~::~>., '~~jtP /fY permit applications an4approvaf~mcluding shot(;,plats, preliminary plats, binding site plans, and ./:::/\:)tt~~~::::-..;:~:~~I[%~ /%~: Use Process I, II, III, arialM,appl!~~tions but limit~~ number and duration of such extensions; .,:::.:-:-:-:.:.:-:..:.:.;.:.:.:->:-:.:.;::-::;.>.... ;.;.;-'/ ... ':::::::~:~:~;rr\~~~:m}{~~;:;:::::::::.>.. ..::;/ c;~,ffl.jf'~"~0~ ...:I. ............................. _EREAS, pr&ltjp.g fdf~g4itional extensions of certain development related c$"c."\~#~ ......f/ applicati~_a(J approvals c. aid the local economy by helping the construction industry to ~.:c .~ /~~~~~r ~ weather the ec6fifimc downfurn while preserving the investments made III the development ~/<<1P1!". .~ .'f~~/*;, permitting process; an.; ;/ 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\P1at and LUA Extensions\P1at & LUA time limits and vesting\LUTC\ORDlNANCE 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 ,;:;;~0rr review under the State Environmental Policy Act (SEPA) pursuant t9f'~€, 197-11-800(20); and "diff " ,~;?/;v .-:;::~..;./,,:. WHEREAS, the draft staff report was electronicall~ffif\t~ged on July 1, 2009, to <I "<it0riili:h stakeholders and interested citizens for review and comthent;\which r~ttlted in one comment ,:>:"""'" "', "''iJ,lf~?, letter submitted by Sam Pace with the Seattle/Kin&*pimty Re<l;~tors; and 'ii., ,'" :'{!iij!'ji.:t. .m.... '%'f,r WHEREAS, the Planning Commission propet1Y!!~p~dJfgied(J. duly noticeQiPublic hearing ........,. ...... ......-... ..... .......... ...... on these code amendments on July 22, 29.,Q9; and forwardeda~l:;ommendation of approval to the City Council; and ':'!-f~~.",<!? ,zz. . W~~k .....,.......... ::-4:. ',..::;-~~?it?-%r. ,:\}:., 'it. . ;7.~1~fti<; ..,:,.,., WHEREAS, the La~~:.Jse/Transport~~o~%~~i.%~<<:J_~'the Federal Way City Council considered these c:~;;,~':!t'lt AUgUS~~"o~:, anlecommended adoption of the text amendments as recomnie4q~fl by tij~planning Co~tssion. """"""""""'" ..::;.,.;;:/,::.:<,.,.,:..:.:...., jfY 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 Amendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LlITC\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 welfar~pi'- ..;:;~,~o/;%:;. /fff//' . . ,=-;.,!>-/ ,,@;? These code amendments have foll~.d the prqper procedure //$t;~.. .y;';;. '8;.' '~~4fi;. ~::-w~>. FWRC'~W~" 4W\&"'''' . .;;-.%.~.. "'%. "?/~*;r.L/,. ;/ "?'Ji%W '<<;';:-/M. Section 2. Conclusions. Pursuant;tg19.80 FWRC a.it?,35 FWRC, and based upon the recitals and the findings set forth in ~~~tion-hJhe Feder:{~5t::ity Council makes the '::;:::: ....::::::::::::::::::::::::::-:... ';%$!Y \~\: '-":::~r~/t~~~}t::::::.... J:;" following Conclusions of Law with respect tqth%peCisiG~~~:BPteria necessary for the adoption "i'''filf';: "r" It of the proposed amendpnts: 'q~;!i: <\ ' A.~".\ %;Y:;;:<<%"x:" %'"1; ...;..... (a) The/ prJ~~cl FBk ',. amendmerttW> are consistent with, and substantially '.k,.,. />f~~;~.~};J././;.;. .-. _ , ..;)>. '8';@!P1i1t '..""0""A;,,i~i'~',", "'# i~le::::f~~::l(:t-=~:::::l:;:e::::~: :::~:based on a public/priY-l\t~ partn~ip. .H...... ,(/ (e) LuP4 . ...... rMaximize dI~ciency of the development review process. .......... .... H........ .... EDG6 th~,Eitywlll encourage and support existing businesses to remain and/or exp<i~9their facilities within Federal Way. ED? J 5 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. ED? J 8 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\LUTC\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 cOInI?~nity input, where ~ppro~riate, i~J$l1f~4~velop~ent permit process by provIdmg thorough and tImely mfo~}i12n to the publIc. .)~~}:~ 0f~~_~ HP 11 Continue to assist developers with housing~6pos~W~tpe earliest possible opportunity, including preapplication IV:Yy~ings\to prodfft~~Eojects that can be reviewed quickly and maximize their ability to receive pe~~~; <: ~i.;;:.c (b) The proposed FWRC amendmeQ~:~~~~~ subs~@etial relatio:"~lthe public .:..... ......}................... JY health, safety, and welfare because it responds to cutYen~hational economic conditions that . .......-~ " ........" ... .... ...... .~~.;;-... "<::::::::::.:.:. impact local land development and lf~i!mg-related indu~ttl$ by modifying development ';%"'%'ii.~, . . '< regulations to provide for flexibility durin~t..b~/J-f~~~nt revieW;rocess that is not provided "*..~ /.dP;...~/(f;1J$t.t~'. '-:"".." -.-/'/;- ", qA N~ '~"":;:~:<<%0~;/,.;"/:W' in the current code; and..:qlat.-~fi~$ and refin:l~ious r~rria codes in order to increase the ..:"'g c'ii~;c/ efficiency of the deyelQRwent revi~w process. 'h,~; . .......\. iH. 1&}/ (c) The propos~d~merianmntji$IDJh~;t:fest interest of the public and the residents of ~~~.f., ............................ the CitJ>~fFederat/VW/Wias it provides for flexibility in development review timelines, which &;ic.;(;W o/~kc. A~c c,1f@i?<< .~"'/!:*..@>"... ~c%(%. . . . . . results t~~'1}tmued develoli.lent wItnm the CIty, thus aIdmg the local economy, and enSUrIng c.,..;y.... ~~4%~~ :~~@t that housing c~.~~ain rea'tic. -;~m~.- ij/} Section 3. .Ki'}K~~ttion is added to chapter 18 FWRC to read as follows: cCSi?f' "W!;}/ 18.05.090 Lap~~ 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 l!ranted 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 folio wine 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 time limits and vesting\LUTC\ORDINANCE tor FWRC 18 &19.doc (a) Except for the first reauest 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 previouslv 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 roblems. or im act the ublic health safet and welfare. and (d) Whether either phvsical conditions in the vicin~ig""t4he plat or codes and re uirements of the cit a licable a encies and utilit.. .",/.%foviders have chan ed to h d .. . . I I h. Id b iW,.0:rj'"",... h bli. t t a suc a eeree SIllce IllltIa approva t at It wou >>.;;,~~on~l~v to t e PU c III eres to extend the life of the plat. includine but not limi~ to su~factors as: i. Whether the adoption of new c&des..ltnd/or sil'&tards would .. . "'::::::>>"'~'~-:'::::::-.' . )~6!M~~ substantially ~~fect proJect lavout a~~ st~r~dfaIlla7e desIen~"'%f,~.~",: 1I. The adeauacv of mltIeatum and/or Impact fees to ,.,..~ss the cost of mitieation at the end of the expiratiori:b~kod~ ...:.~..>> .......... ...............,>> ill. Whether the delaved proiea:~JlniUiut~diment to other devel~pment proiects in the vi~initv as a resulfo!~~~:ffic concurrency reserved capacItv.":.;",,.:::::::):: The director may conditidif:ithe.,.extension rea1iij~tto satisfy criteria (c) and (d) as appropriate. "1i';*JI.~,::::::;(/ In order to demonstrate co.d'Dlia;ta&Jhe critej' of FWRC 18.05.090(2). the applicant may also provide periihenctJij'ctt1W"iitjation of financial backine. lease acceptance. or o!~~f.!:~~::commitme~~ecured bJiiie developer and/or aeent as well as applicable proiet.ftimelines witltmilestones and dates of anticipated completion.::::::::::::::::::::::::.:::::: .:'?&; (3) Fee. fhe~tiblicantitiall include wi~e letter of reauest the hourlv fee as :~:a~~.~~~~~~V:::lti~Ii~~ilWq.~::~$~~J6t be accepted unless it is accompanied bv ?~:; 7, Review%, ,.:ir~ s. E~~hre uest for extension will be reviewed and decided u on ~fI. the directorcr~Ommurii.ty:'deVelopment services who may erant UP to a two-year 4n;;'~.nsion s of a .,~~: I.} ~~ eats. An'}"~<<rson~: rieved b the rantin or den in of a re uest for a time l"Gltsion unde~is section may appeal that decision. The appellant must file a letter o~"~~ in~!JftiD1! ho~ this ~ecision a.flects the a~pellant's property and presentme aU:rlaelevant material or mformatlOn supportme the appellant's contention. ifii"a'ilDeal will be heard and decided upon usine the appeal process ;1/;'- described in FWRC 18.30.140 et sea. Anv short plat time limit. pursuant to Chapter 36.70B RCW. upon the city's processine and decision upon applications under this title may. except as otherwise specifically stated in this title. may be modified bv a written aereement between the applicant and the director of community development services. (6) Retroactive aoolicahilitv. The provisions of this section shall be retroactive to active and valid short plat. bindine site plan. and preliminary 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\ORDINANCE for FWRC 18 &I9.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 final, the applicant may en2: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 subject to the followin2: (1) If a written notice of appeal is received within th~jlppeal period, the decision shall not become final until the appeal process is:~offiiJlete and the city issues a final decision.,:;. (2) If no appeal is submitted within the 14-cal~6da't~tI~v appeal period. the decision sh.all become fmal on the first calendar .davrollowii~.~~~ expiration of the appeal penod.A~10!:,\:j@ (b) H earinf! Examiner. If a decision of th~;!tea:ririf! examiner isU~~:fmal decision of the citv, it may be reviewed under FWR<;:,!~i9. 70.260. Where the hea~~J;;e~~miner's decision is not the fina~ deci~ion of the cf{~!~f~dec~si~~ma~ be appeal!Junder FWRC 19.70.170 and IS sub.ect to subsectIow&:21.ottbis~e.ctIon./ (1 ) Af!encv decision appeals. The decisioWfi~'the hearin2 examiner on an a2encv decision appeal is the firull decision of the>"~~tfv.~,excePt where the proposed project involves:> ....;Wf{1~1~~;!:;. .' i. An approval, otheith~~~ite plan ap;6~~:at involvin2 a school (FWRC 19.195.100), a communitvt~creifti~jt~r:~a (FW~C 19.195.120), a 20vernment facilitv (FWRC 19.195.1~0),~bubUCilti~tv (FWRC 19.195.140), or a public park (F"'.~.t?5.160) locaii~in an SE(sfiburban estates). RS (sin2Ie- family residential), or.~imultifamilv)zone~ or .;;4Hff"&>i\ site PbUt approval fota public utilitv located in a BN (nei2hborhoodffiS:iness)J<<:C (communitibrisiness), or OP (office park) zone. 'Ci(~ '''.'~~--::;;;;rff'''" ...... ." iii. Mi;.wA:r;aDD:~a@;U;Bder.,EWRC Titles 14 and 15. .'.:::::-:-:.:;::::<::::-:::....., ."'0;:~'Z~' . -, ''''-:-::';;;<<,4~''~;%:'Z''/.%;'-/ :t:(2)~t~~~~ases*~~ases notiSUlfiect to subsection (1) of this section. decisions QfJhe hearinl!examiner~6ieeQme fmal: ./;. i.lt~?appral~;the hearin2 examiner's decision is submitted within tll~~!?peal period,o~.~he fir~~ttalendar day followin2 the expiration of the 14- caIeijfJ.~~-dav appeahperiod~' :f.;. ii. If a:'NVritten notice of appeal of the hearin2 examiner's decision is receivedW~!~~n the~DDeal period. when the city issues a final decision after the appeal processis.c6mplete. Section 5. FWR..C 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 ExtensionslPlat & LUA time limits and vesting\LillC\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 ofthe 180-dav notification bv the city under FWRC 18.05.080(1). the applicant for a short plat. bindint! site plan. or preliminary plat application(s) may submit a written request in the form of a letter with supportine evidence to the department reQuestint! an extension of the 180-dav time limits and documentint! the followint!: a That circumstances be ond the a licant's control r.event com liance with the time limits of FWRC 18.05.080(1 ); "ii~~-?-""" That the a licant is makin substantial ro re~h res ~ndin to the request for information so that review of the applicat.(tjit~f.m be furthered when that information is submitted; and .C"'''$6c c The number of additional calendar da sn:ec~~sar t04~., ,.de the re uested information. .....)6..............\. "";i_i< (3) Review process. A request for an extensiriit to theJ80-dav time Bt"willbe reviewed and decided u on b the direci8t::tiased onres onses to crirx~~ FWRC 18.05.080(2). _:':::;:;:;:;::::::::",,:::::::;::: "." /){. (4) Retroactive applicabilitv. Administrative ext~~!.n to the 180-dav time limit shall be retroactive to those valid bindine site plan. shrirtSubdivision. and preliminary . . d<::;%%~/:- . -.:-:-:>:::->:.>. plat applications currently un elf~eVlew.i \t/'@q.~;./ .u. Section 6. FWRC 1830.260 shall be\n.c e:c1t_.~f1<i as fol16zts: ,%, ";W"'~!~~~p.,,,;y c." '.' ................c~/~ A~fI/x$.i'f%, 18.30.260 Effect 7Sbnrt~lat dDuratd.t I'pprovat gy' (1) Short pla,l:~pprovat$l1}ln expire on~Jive year~ f~om the date of the director of communityf1e:vt~Bpment s~rrices approvaJ~2a~.9 approval shall constitute acceptance of short subdivisiori4~Y9ut an.W9..~sign and shatl~~/, cIude all conditions, restrictions, and other requirementst~ID.redb.Yibi}:dif~~tQr.Jf community development services as part of shom_~_~Jl appi6;;hCity~ppf6Vfrl~f a short subdivision shall not constitute ~'oval for%~_Jt?aririgQRgra.ding, vegetation removal, or any other activities which /6ierwise requirl~_its fi6mtQ(;i:tity. '},!"%~".~l Prior to const~rijti.on of..ithp~ovements pursuant to short plat approval, engineering ~;%':fz ~I'{%;. .-:' dni~ii~ for public i.overrients shall be submitted for review and approval to the depaJ~1:?fpublic 'rks, L~ehaven ut~lity dis~rict, and city of Tacoma pu~lic utilities departme~~9 perr# to begm construction or Site work shall be granted until final approval of_t~Jjtyplans, including storm drainage; the payment of all pertinent fees; ._~ and the submit~rX:lf performance securities as may be required. f7 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 ITRlst 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\LUTC\ORDINANCE for FWRC 18 &19.doc community de'v'elopment ser','ices at least 60 days prior to the expiration date of the preliminary plat. The department of cormnunity development services shall schedule and advertise a public hearing in accordance v/ith FWRC 18.35.100. In considering whether to grant the extension, the hearing examiner shall consider the follov/ing in the public hearing: (1) Whether substantial progress has been made tmvard completion of the entire plat, or the initial phase of the plat, if the preliminary approval included phasing. (2) '}/hether conditions in the vicinity of the subdivision have cJlnged to a sufficient . ... .. ~0.'" /,~A1~ ',~ .~,. Section 8. FWRC 19.15.050 shall be amendedI4:fg;a.~fOIlOWS"' - 19.15.050 App~cation.canceUat~on. .<<\il. i:?\: . :~/ ill If an applIcant falls to proVIde addItlOnall~ftr..m~:l&tontq the CIty wItb.in 180 days of being notified by mail that such information is reqi.i~d, the application shall be deemed null and void and the city shall h<+X,~ no duty to proc~S~~]f~view, or issue any decisions wr.th respect to such an applr'catI'0;,;0M>. .::. 1~z:;;..8i80~~;;~~;_ . "::;:;:::;::::::::::'. (7) Eu.ension req~est. No less tH~W~=*J~prior to th~!'!~~~e of the IS0-d~v notIficatIOn bv the Cltv under FWRC 19.1'5~$.f)il). the aJ)plicant may submit a written re uest in the form of a lett~, wi~U'l'1'''~ttm. //. Vidence to the de artment reQuestine an extelislon:of the time limi~'and doc'%:'>0ents the followine: (a) Th~tcircuOl~t~fices bevond"tJ1e applica~t's control prevent compliance with the timetimits of FWl1C 19.15.050ffU~ . (b) ThattReapplieant is makine s&"-mfantial proeress in respondine to the reQuest!()~infornii~~~s()tb.a~'~~y:i~~()f:1he application can be furthered when that informafioll.iS~llbmitfe.(t~ and . ...:.....:..:.:.::...:...:.:.:.::. .? (c) Theii~!J:ber6t'~~..utional calendar days necessary to provide the <~~uested inform~~!()n.<). f~)Review orocifsWA requeSt for an extension to the ISO-dav time limit will be revie",~ and decide~upon bv the director based on responses to criteria is FWRC 19.15J}5!:(~).} (4) ReiFd(J(;tive a01!licabilitv. Administrative extension to the ISO-dav time limit shall be retro~~~~yeto 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 substantiallv complete construction for the development activity. use of land. or other actions aoproved 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 Detition Ordinance No. Page 9ofl4 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 fIled under Chapter 36. JOC RCW in Kin2: County superior court. the time limits of this section are automatically extended bv the len2:th of time between the commencement and final termination of that liti2:ation. (2) Use Process II. III. and I~ An applicant must begin construction or submit to the city a complete building permit application for the deyelopment activity, use of land or other actions 'lIithin 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 anqFomplete the applicable conditions listed in the Use Process II. III. and IV decision)Yithifif;ive years after the final decision of the city on the matter, or the decision becHm~s void: If a land use petition is filed under Chapter 36.70C RCW in King C9qntY~RPtrior court, the time limits of this section are automatically extended by th~.,jengthdf::Mwe between the commencement ~nd final termination o.f that liti~f~Rt(the devetqp~~nt ~ctivity, ~se of land, or other actIon approved under this chapt,pfAhc1uaes phased cO~~M<.:tlOn, the time limits of this section may be extended in th~&~fbsion oq the applicatioiHtpgllo)Y for completion of subsequent phases. c:f~?,!!;~'t~:!;, A?>h/"",i' Section 10. FWRC 19.15.100 shall be amended tcr'l!as follows: 19.15.110 Lapse of approval- tim~~!.tension. ."~i{_t~~"h' . (1) Application. No l~ss than 30"~~vsi!8TIl?Lto t.he lap?flf,pproval under FWRC 19.15.100 for substantially complet~2: con~l1J~tl~n or PJtlor to lapse of approval for any proceedin2: time extension 2:rani~~ un.derthl~~~~tion. the,an applicant may submit a written aJ?,l~U~~,Jl request inlb..#form of al...€. Her with supporting c:,,,~"Z.-(.:;:%ii'b"";?:; "-'-. _-- documentation/.~the de~ent requesti~g a one time extension of those time limits of /<<;0//~~": .--, up to two veav.s~~p.e year. %.fig \\ (2) Criteria. t~g~uestj~hst demonstrat~jJlrit the applicant is making substantial -'i>'/~;:~;:-. ,'~iif:r~r/~;!:..,~ ,-':::-' . .' '~";;<~::f~~~~~~~:v theti~Uli~it&&iFWRcft'L5.100; A~ extension reQuest shall satisfv the followin2: i'< .<'"*,f&., '. ,. . crIterIa to be approved: "'if~}lMf' ::.1\ a Exce tf6~!he fir~~ uest for time extension the a licant has made subs~~ial pro2:ress~~ comvleted the proiect :(~:!!here are~lrcumstances beyond the applicant's control which prevent compliaiU:i.e.)Vith th~time limits of FWRC 19.15.100. or anv previously 2:ranted extension~ ...:.{:..,..... (c) Tht%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 a2:encies. and utility providers have chan2:ed to a such a de2:ree since initial approval that it would be contrary to the public interest to extend the life of the plat. includin2: but not limited to such factors as: i. Whether the adoption of new codes/standards would substantially affect proiect layout and storm draina2:e desi2: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\ORDlNANCE for FWRC 18 &19.doc ii. The adequacy of miti2:ation and/or impact fees to address the cost of miti2:ation 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 Q FWRC 19.15.110 2 the applicant may also provide pertinent documentation 0 :. ' Wancial backin2:. lease acce tance or other such commitments secured b the.Li.~elo er and/or a ent as well as a licable ro' ect timelines with milestones adt""~ of antici ated completion. . . . . '-t" .""%0- (3) !"ee. The appl~cant shall m~lu~e, With the 1?=t~~=?r1;~quest, d(~2~rlV .fe.e as estabhshe~ by the City. T?e applicatIon reque~ywill not be accepte(f~~ls it is accompamed by the reqUired hourlv fee'o:::i:: ...... 'W.,. " . ( 4) Revie~ l!roc~ss and t~meline. An E~clj!=~~.~est aP:l~~~tion for a ti 0'/,0 ension will be admmistratIvely reviewed and decided up,2:p,.by=!Jledq-ector who .. v 2:rant UP to a one-year extension of time to substantially c(Hnp!~~e construction and complete applicable conditions of appro~1 for approved lfs@{Jlrocess I application(s) after final decision and may 2:rant u.r.~lwo-vear extensiifiof time to substantiallv com lete construction and com llif[~~z" ". ble conditi6ds=o(a roval for a roved Use Process II. ill. or IV applicati~.(s). '''~.0/. . (5)A l A h'~' lfJll~'.~ d . f l'. . ppe~ s. ny per~on w .0 is ag~v~00Y tffe~91--g or e~ymg.o a request lor a tIme extensIon undcrdin1S sectiOn may a ...' 1 that des~on as provIded III FWRC 19.65.120. The.JPpellarttIH~t file a lette\of appeal ihdicating how the decision on the time extensi9ni~ltEts the a,mpellant' s pro{~y ~nd presenting any relevant material or information supjHttj@pg the~'lWpellant's cont~n. The appeal will be heard and decided upon u~}9-~"processI\i;!.:.g9tStlan~'lfi8gBt$/36. 70B RCW, any time limit upon the city's pro~:;:~m~~~~cisi6ri::q1:~m applications under this title may, except as otherwise /~~W~ ~ffir~,-, ....1:.::". ~~t'ifically sfttt~1ID thisH~!tJ.~e modified by a written agreement between the applicant ..,Yii"":'d th d'. t ..,.~%; ..:r:............ 0"~' e II ec or. ,,,,=,,,,,*<<.. . ........................:.... ..;;;z<</;z;-;~;x.:-. ~z?.0.;- '.:::::::::;:::::;> '."1r'.> Retroactive lr'. ." abilii?Extensions a roved under this section shall be ret-rcf.~fttive only for 1";;: se active and valid Use Process I. II. III. or IV applications. "~11::f~ /~~-~- .~ Section fllF;W"RC 1 ~.~'l 0.270is hereby repealed as follows: "'"":;-",,"-,,, ///-" ~/.?;.. :;rF ~i).%.;,~tt7 'r~;;.-;~zw/_ 18.30.270 Effe~ $'-' Time extension. (1) No less thaf30 days prior to lapse of approval under FWRC 18.30.260, the applicant may submit a \'1ritten application in the form of a letter \.vith supporting documentation to the department of community development services requesting a one time extension of those limits of up to one year. (2) The applicant shall include, v/ith the letter of request, the fee as established by the city and reasons for said request. The application 'lIill 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\PIat & LUA time limits and vesting\LUfC\ORDlNANCE for FWRC 18 &19.doc (3) The director of community development services may grant a one year extension of short subdivision approyahvith 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 prevent compliance ':Iith the time limits ofF'NRC 18.30.260. (5) Any person aggrieved by the granting or denying of a request for a time extension under this section may appeal that decision. The appellant must tile a letter of appeal :;=~~=;o::~=i::;:=SI::a:~:::;S:=~~~:~:~= ,~M..~. ^ and decided upon using the appeal process described il},,~Ef~t:'J.,8.30.140 et seq. ,~ny ~;:'~':;::==~~:':~1~6;:~ :;; ::~;:~~7d ~:l~;~itle, be modIfied by a WrItten agreement bet\'/een th.fupphcant and the dlf~gr of corrnnumty de'celopment ser"ices< "iJ;ia0.% . .. .....HH......n......'<i:~'ffJff Section 12. FWRC 16.65.110 is hereby repealed~JollQws!. }Y .-........ ...... . . - . - . - . . . . . . . . 19.65.110 Effeet of the decision"}2<;,i. Upon a decision becoming final, tl~Jii}Dl?Fcant may engag~jl1 activity based on the decision, provided applicable perrti(t~1m_~~~~ approYed:~~fisions become final subject to the follo'.ving:'.)&.<;Wlf~fM:t,;,/> (1) If a written notice ofappeal is rec~~ed ,.~dfhltrtMt~ci.1 period, the decision shall not /%:; r;.../Z'" /i':/~ . , become final un~2--_~.~1 p~o~ess is<f~tffiplete and.1fie city issue.s a final de~i~ion. (2) Ifno appe~~f?submI1f~.imthm the 12f;~:fa.lendar day.ap~eal penod, the decls~on shall become fina..t~~~ fIrst c<iP-dar day foll~;~n9 the expIratIon of the appeal perIod. '~;i",,";@. \;3/ Section 13. FWRct(~AI@.~ifi~€:p-~rep.e~ied as follows: i~I:!~t~:j!~:~.E:~';1~~c:::i:;. engage in acli'nly basL~ on the d~~~Jon, proVIded apm~Icable mermlts have been approved. If a deCISIOn of the hearmg exafQ.I~~[ is the finaI4!~ision:bf the city, it may be reviewed under F'NRC 19.70.260. 'Nherc~hearing ex*iiner's decision is not the final decision of the city, the decision may be uPP~N~d undfF'.VRC 19.70.170 and is subject to subsection (2) of this section. (1) Agcn2j'qfX;{~#Jn appeals. The decision by the hearing examiner on an agency decision appealj.Sthe final decision of the city, except where the proposed project involves: . (a) An approval, other than a site plan approval, involving a school (F'NRC 19.195.100), a community recreation area (FWRC 19.195.120), a government facility (FWRC 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) /'~ site plan approval for a public utility located in a EN (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 18 &19.doc (c) SEPA appeals under FWRC Titles 14 and 15. (2) Other cases. In cases not subject to subsection (1) of this section, decisions of the hearing examiner become final: (ll) Ifno appeal of the hearing examiner's decision is submitted within the appeal period, on the first calendar day follov.ing the expiration of the 14 calendar day appeal period; (b) If a ',witten notice of appeal of the hearing examiner's decision is received within the appeal period, ,-'{hen the city issues a final decision a:fi~E the appeal process is complete. H." .. ...... .......... . . . . . . - . . . . . . . . ...... .......... ...... .......... ...... .......-.. ..... ..-....... ...... .......... . . . . . . - . . . . . . . . . ..... ... ...... ...... ........... Section 14. Severability. The proVISIOns of this of~Fance~t::;:~eclared separate and ..;~~(.-~ ..::\\ ..:<~~~ti~~~~~t:::::.. severable. The invalidity of any clause, sentence, Pa.~~gf<ipn>subdivision,s~B~j~?n, or portion of this ordinance, or the invalidity of the apPlicati~A~~::;. of to '~y.. person or ~~;~t.::mst'~nce, shall , ':;>-"'A:",,'. p'A /', <,:::,,::.' .,/,yy",~;.. A::l"W/!:. . .",::.' .~~t@~. .fg~;/" ,'(-::<~ :/:., not affect the validity of the remainder of the ordinance;~~~<<e validity of its application to any other p:::::r, :If::::::: The Ci~:!t~!!S[.i.~~;~ftC orilioance are auiliorized . - . . . . . . . . . . . . . . . . . - . . . .... .....- ............. to make necessary correcti.fJthis ordinanc~~ldttuding, blithot limited to, the correction of 1~P,'/'w-:.::.:~~~~/. ::tr. :;:> '''''1 ..".. ",',',. scrivener/clerical eq4_~~ferencttprdinance nufupering, section/subsection numbers and any ., ""!,-, :JZfM0/" .' refierences thereto "iff.%'~ /,p,U,!?;:W4zM(''l. . " .x<. '?4iW1~"'" ., '>>.{@'f%.~.p' ;F;i..~./ . ,w;,t./ ~~ctlon 16. Rad'f!~~tion.;~J;~,act consistent with the authority and prior to the effective ..i?::::?{:{{?: <.:&,it"...;, ........... ........... ~%~..,/f dateg(fh.~~'@rdinance is h~F~ly ratifi~'~d affirmed. .................. ....... ,,,," .......... . .......... .... .......... .... ........ .... .......... .... and publication as Ptqhq~9t6y law. Ordinance No. Page 13 of 14 Rev 3/09 Land Use, K:\2009 Code Arnendments\Plat and LUA Extensions\Plat & LUA time limits and vesting\LUfC\ORDINANCE for FWRC 18 & I 9. doc PASSED by the City Council of the City of Federal Way this day of ,200_ CITY OF FEDERAL WAY ATTEST: ,1:;;.-. MAYORJACKDOV&~&~ , ,,~", d.i~, .<%i'!~j2t;;: ~f),i~ %2%;, h%~Y <:'%/000 /~W '~,_ "'f~ ~~&> ~ 6, ~'z ~~ -;;"". ;~~~0' " 'M"~ 'W4%/. v_ /~/ '. ;*";{~~"'''' " ~/%'"-0.:~~00%% 0 <00000 %00"''';':: ~;-;'0 '0 ,fY CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: :;:;:;.;::;:.: ....~. tJJ!'~t.t.,. CITY ATTORNEY, PAT~~~~.~. RICHA~~i~1}'.'~'%~' FILED WITH THE C!k]YCCg.;;;,':. PASSED BY THE CI$iM,coUNCtE:"" PUBLISHED: .... EFFECTIVE DATE: ORDINANGe;~i'htj~&>;, .'0z~~, /ffff ~~~Z:~'" .,-;fit:? "';~~iiW'/ /;,:::~?,;;.;.. 1t/ /:Y .;;-' :;!vjj/~ Ordinance No. Page 14 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 Attachment 2 - Staff Report to the Planning Commission for the July 22, 2009 Public Hearing with Exhibits A through L CITY 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 [I. 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 and 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, 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 tor 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 Vesting 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,. n, 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 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 Summary ofEXlshn Code g III. SUMMARY OF PROPOSED CODE AMENDMENTS 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 extens ions to the 180-da y 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 timeline would be retroactive to those subdivision applications currently under review (Exhibit A - FWRC /8.05.080 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 IBC related information from IBC 105.3.2 and IBC 105.5 is provided lor reference only. No changes to any IBC provision are proposed 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 Commission Amendments to Federal Way Revised Code (FWRC) ....'f( Page 2 09-10 1 0 17 /Doc ID. 50754 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 opporttmities 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 circwmtances 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 Staffrecommends 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 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 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 time line and extension opportunities for preliminary plats, timeline and extension references in FWRC 1835.220 would be moved to FWRC 18.05.090, Duration of Approval (Exhibit E - FWRC /8.35.120 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 4 Binding site plans are processed under the provisions of short subdivision per FWRC 18.20.020. 5 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 Staff Report to the Planning COnmUssion Amendments to Federal Way Revised Code (FWRC) Page 3 09-10 10 17/Doc ID. 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 current land use application. To eliminate inconsistency and confusion, staff recommends that the vesting of Use Process t II, HI, 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 180-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, Ill, 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, ll, m, 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, HI, 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 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 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 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 lor Use Process L IT, IlL 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 1017/Ooc lD 50754 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 n, 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) CWTently, 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 /9.65.1lO 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 compliance 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: g The number of extension opportunities for approved Use Process I, II, III, and IV applications shaU be based on compliance with criteria. Staff Report to the Planning Corrunission Amendments to Federal Way Revised Code (FWRC) Page 5 09-101017/DodD.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 EDPl8 HP8 HP9 HPlO HPll Develop an efficient and timely development review process based on a publidprivate partners hip. Maximize efficiency of the development review process. The City will encourage and support existing businesses to remain and/or expand their facilities within F ederal 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 permitting 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 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 REvmw 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. 50754 .;.'A 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: 1. Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modify 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 analys is and decis ional 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 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 II. 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 S, 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 P, 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 ...4 Staff Report to the Planning Commission Amendments to Federal Way Revised Code (FWRC) Page 7 09-101017/Doc W. 50154 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) .."1: Exhibit A (pro\'ides 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 ISO-day notification by the city under FWRC lS.05.080(1). the applicant for a short plat. 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 maldne 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 ISO-day time limit shall be retroactive to those valid bindine site plan, short subdivision. and preliminary plat applications currently under review_ (Orci No. 07-554, ~ 5(Exh. A(2)), 5-15-07; Ord. No. 00-375, ~ 5, 10-3-00. Code 2001 S 20-22.) .;.. 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) .- 09-101011 Doc.I.D 50155 Exhibit B (Short plat approval would be valid for 5 years) 18.30.260 Effect - Short plat dDuration approval- (l) Short plat approval shall expire 6fle 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, induding storm drainage; the payment of all pertinent fees; and the submittal of performance securities as may be required (Ord No. 07-554,9 5(Exh. A(2)), 5-l5-O7; Ord. No. 97-29l, 9 3, 4-l-97. Code 200l 920-lO6.) .;.1; 09.101011 Doc. 1.0. 50155 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) .:.ir 09-101017 Doc. 10. 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 davs prior to lapse of approval under FWRC 18.30.260 and FWRC 18.35.220, or prior to lapse of approval of anv precedine time extension eranted under this section, the applicant mav 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 vears. (2) Criteria. An extension request shall satisfy the followine 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 bevond the applicant's control which prevent compliance with the time limits of FWRC 18.30.260, 18.35.220, or anv 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 citv, applicable a2:encies, and utilitv providers have chaneed 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 and/or standards would substantiallv affect project lavout and storm drainaee desil!n; ii. The adequacv of mitil!ation and/or impact fees to address the cost of mitieation at the end of the expiration period; iii. Whether the delaved project is an impediment to other development projects in the vicinity as a result of traffic concurrencv reserved capacity. The director mav 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 mav 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 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 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 may l!rant UP to a two-vear extension(s) of approval. (5) Appeals. Any person aeerieved by the erantine or denvine 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! anv relevant material or information supportinl! the appellant's contention. The appeal will be heard and decided upon usine 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 mav, except as otherwise specificallv stated in this title, be modified bv a written al!reement between the applicant and the director of communitv development services. (6) Retroactive app/icabilitv. The provisions of this section shall be retroactive to active and valid short plat, bindine site plan, and preliminary plat applications. .." 09-IOWI7 Doc_I.D_ 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 09-1010\1 Doc. W. 50155 Exhibit D (Moved to 18.05.090) 18.30.270 Effect Time extension. (1) No less than 30 days prior to lapse of approvallHlder F'NRC 18.30.260, the applicant may submit a wnttea application in the form of a letter with supporting documentation to the department of corrununity development services requesting a one time extension of those limits of up to one year. (2) The applicilnt shall include, '"vith the letter of request, the fee as established by the city and reasons f-or said request. The application will not be accepted lIDless it is accompanied by the required fee. (3) The director of community development services may grant a one year extension of short subdivisioa appr(Y,{al with an expiratioa date and no further opportunity f-or extension. (1) The request ffiI:lSt demonstrate that the applicant is making substantial progress on the approval and conditions of apf.lro','al, and that there arc circumstances beyond the ftf.lplicant' s cOlltrol which prevent compliance "lith the time limits ofFWRC 18.30.260. (5) Any perSOll aggrie','ed by the granting or denying of a request f-or a time extension l:lIlder this section may appeal that decision. The appellant must file a letter of appeal indicating hO'l1 this decision affects the appellant's property and presenting any relevant material or imormatioll supporting the appellant's contontion. The appeal 'mll be heard and decided upon using the appeal process descnbed in F'HRC 18.30.110 et scq. Any time limit, pursuant to Chapter 36.7GB RCW, 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 behveen the applicant and the director of community development servwes. (ani No. 07551,3 5(Exh. 1\(2)), 5 1507; Ord. No. 97 291, ~ 3, '1 1 97. Code 2001320 107.) ;:Ii 09-101017 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. 09-101 017-00-UP) ~ 09.101011 Doc. 1.0. 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 f-or extension lllU5t be submitted to the department of connnunity deyelopment ser....ices at least 60 days prior t-o the expiration date of the preliminary plat. The department of community development services shall schedule and advertise a public hearing in accordance '..vith FWRC 18.35.100. In oonsidering whether t-o grant the extension. the hearing examiner shall oonsider the following in the public hearing: (I) 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 oonditions in the vicinity of the subdivision have changed t-o a suffIcient degree since initial approval to warrant reconsideration of the preliminary plat. The hearing examiner may grant a one year extension of preliminary plat approval or may allo',v division of the plat into separate phases, each with an expiration date and no further opportunity for extension. (Ord No. 07-554, ~ 5(ExlL A(2)), 5-15-07; ant No. 97-291,93,4-1-97; Ord. No. 90-41, 9 1(16.120.10 -16.120.50),2-27-90. Code 2001920-131.) .....~ 09-101017 Doc. I.D. 50755 Exhibit F (Defines use process vesting) 19.15.045 Completeness of applications. (l) 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 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 tmder this section e'/en 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 writine within 14 days the date '.vhether 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, 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. HI. or rv 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 riehts shall not be waivable pursuant to the Vested Riehts Doctrine. (Ord. No. 09-594, ~ 19, l-6-O9. Code 200l S 22-33.5.) ,-"0 09-101017 Doc. tD. 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. 09-101 01 7-00-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) ,~ 09.101011 Doc. 1.0. 50756 Exhibit G (Provides extension to the ISO-day timeline) 19.15.050 Application cancellation. illff 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 shall 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 supportinl! 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(l)~ (b) That the applicant is maldn!! substantial pro!!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. III. or IV applications currently under review. (Ord No. 97-291, ~ 3,4-1-97. Code 2001 ~ 22-34.) .....~ 09-101017 Doc. LD 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 I.D_ 50756 Exhibit H (NEWSECTION combining "'Final decisions and effect of the decision" and moving it from Process III and IV sections to section 19. 15 - Use process overview) 19.15.075 Final decisions and effect of the decision Upon a decision becomin1! final. the applicant mav en1!a1!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 subject to the followin1!: (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 followin1! the expiration of the appeal period. (b) HearinJ! Examiner. If a decision of the hearin1! examiner is the final decision of the city. it may be reviewed under FWRC 19.70.260. Where the hearin1! examiner's decision is not the final decision ofthe city. the decision may be appealed under FWRC 19.70.170 and is subject to subsection (2) of this section. (l) AJ!encv decision appeals. The decision bv the hearin1! examiner on an a1!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, involvin1! a school (FWRC 19.195.100), a community recreation area (FWRC 19.195.120), a 1!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 (sin1!le-familv residential), or RM (multifamilv) zone; or ii. A site plan approval for a public utility located in a BN (nei2hborhood business), BC (community business), or OP (office park) zone. Hi. SEPA appeals under FWRC Titles 14 and IS. (2) Other cases. In cases not subject to subsection (l) of this section. decisions of the hearin1! examiner become final: i. If no appeal of the hearin2: examiner's decision is submitted within the appeal period, on the first calendar day followin1! the expiration of the 14-calendar-dav appeal period; ii. If a written notice of appeal of the hearin1! examiner's decision is received within the appeal period, when the city issues a final decision after the appeal process is completr ...... 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. 09-101 017-00-UP) ..;,.i€ 09-101011 Doc. 1.0. 50156 Exhibit I (Establishes the time that Use Process I, IL III, and [V applications are valid) 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 is filed under Chapter 36.70C RCW in Kin2 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 Uti2ation. (2) Use Process II. Ill. and IV. ,^.n applicant nmst begin construction or submit to the city a complete building permit application for the deyeloptneRt activity, use of land or other actions 'Nithin one year after the final decision appnwing the matter, or the decision becomes void- 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 11.01. 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 cowt, the time limits of this section are automatically extended by the length of time between the commencement and final tennination 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.) ....... 09-101017 Doc. LD. 50756 EXHIBIT J PROPOSED TEXT AMENDMENTS Federal Way Revised Code (PWRC) Title 19, "Permits and Review Processes " 19.15.110 "Lapse of approval- Time extension" (City File No. 09-101017-00-UP) s 09-101017 Doc. 10. 50756 Exhibit J (Time extension for Use Process applications) 19.15.110 Lapse of approval - Time extension. (1) Application. No less than 30 days p.Prior to the lapse of approval under FWRC 19.15.1 00 for substantiallv completin1! construction or prior to lapse of approval for any proceedin1! time extension 1!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.w'elopment activity, use of lan<l, or other actioIl5 approved under this chapter and that circwnstances beyond tho appliOOflt's coatrol pre".'ent compliance '.vith the time limits of FWRC 19.15_100; 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 pr01!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 previously 1!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 a1!encies, and utility providers have chan1!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. includin1! but not limited to such factors as: i. Whether the adoption of new codes/standards would substantially affect project lavout and storm draina1!e desi1!n~ ii. The adequacy of miti1!ation and/or impact fees to address the cost of miti1!ation at the end of the expiration period~ iii. Whether the delaved 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 19.15.110(2). the applicant may also provide pertinent documentation of financial backin1!. lease acceptance, or other such commitments secured bv the developer and/or a1!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 hourlv fee. (4) Review process and timeline. Ail Each request application for a time extension will be administratively reviewed and decided upon by the director who may 1!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 1!rant up to a two-year extension of time to substantiallv 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. 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 36.70B 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 applicabilitv. 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, !l24, 1-6-09. Code 2001 !l22-40_) ". 09-101011 Doc. ID. 50156 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) ('4' 09-101017 Doc. 10. )(J756 Exhibit K (Move this section to 19.15 and combine with Process [V language) 19.65.110 Effect of the decision. Upon a decision becoming finaL, the applicam may engage in acti',ity based on the decision, pro':ided applicable permits have been approved. Decisions become final subject to the follO'.ving: (I) If a ,:mtten 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 [mal decision.. (2) If no appeal is submitted \wthin the 11 calendar day appeal period, the decision shall become final on the first 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) ..0 09-101017 Doc I.D. 50756 Exhibit L (Move this section to 19.15 and combine with UP language) 19.70.1 eo Final deeisions and effect of the decision. Upon a decision becoming final, the applicant may engage in activity based on the decision, provided applicable permits have been approved [f a decision of the hearing examiner is the final decision of the city, it may be reviewed under FWRC 19.70.260. Vlhcre the hearing 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. (1) Agency dccision appeals. The decision by the hearing examiner on an agency decision appeal is the fiaal decision of the city, except ''vhere the proposed project iw.rolves: (a) l'Jl approval, other than a site plan appro';al, involving a school (FVlRC 19.195.100), a cormnunity recreation area (F'NRC 19.195.120), a government facility (F'NRC 19.195.(50), a public utility (FWRC 19.195.110), or a public park (FWRC 19.195.160) located in a SE (suburban estates), RS (single family residential), or RM (multifamily) zone; or (b) /'.. site plan approval for a public utility located in a BN (neighborhood business), BC (community business), or OP (offIce park) zone. (c) SEP,^.. appeals under FWRC Titles 11 and 15. (2) Other cases. In cases not subject t-o subsection (l) of this section, decis ions of the hearing examiner become final: (a) [fno appeal ofilie hearing examiner's decision is submitted ',vithin the appeal period, on the first calendar day follov.ring the expiration of the 11 calendar day appeal period; (b) [fa written notice of appeal ofilie hearing examiner's decision is rccei','cd within the appeal period, when the city issues a fmal 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, S 15,10-3-00; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 92-133, ~ 3(150.70),4-21-92; Ord No. 90-43, S 2(150.70),2-27-90. Code 2001 ~ 22-446) .co 09.101017 Doc. tD 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 Comen, 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 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:IPIanningConunission\2OOO\Meeting S1llII11laIy 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. Huffinan 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:\PlanningCommilsion\2OO9\Meeting Summ"'Y 07-22.{)9.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 Council- He thanked the Commission for their work on the proposed amendments. ADJOURN The meeting was adjourned at 8:00 p.rn. K:\P1anning Commissionl2009\Meeting Summ;uy 07-22-09.ooc . REALTORe SeattleKing CountyREALTORS@ 12410 SE 32nd Street, Suite 100, Bellevue, W A 98005 (425) 974-1011 . TF: (800) 540-3277 . Fa:,,: 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 Clar~ Senior Planner, (253) 835-2646, marearet.clark@cityoffederalwav.com Tina Piety, Administrative Assistant II, (253) 835-2601 tina.piety@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 9-10t 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 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 20fJ 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 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 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 of the "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 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 I, 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 clo Margaret Clark, Tina Piety and Deb Barker Sam Pace. Housing Specialist. SeattteKing County REAL TORS@ July 20, 2009 Plat and Land Use Application and Permit Time Limit Extensions 200 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, SEATTLEKlNG COUNTY REALTORS@ ~p~ Sam Pace, Housing Specialist cc: David Crowell SKCAR Governmental Affairs Committee COUNCIL MEETING DATE: ~nb,h<tber_1 S. 'lDO't ......_...........__._.__,____.._....__...............,........................................_.........................~..._._..._._..~~.!.~..~..~......___..__.__......_....__......_.._..m.m._...._.~..._.___._._........_.._._....._.._.__... ITEM #: 6 c! 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 (LUTC) CATEGORY: o Consent o City Council Business MEETING DATE: August 3,2009 ~ Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: Senior Planner Deb Barker .....J?~~:f?~~~i!yt:?~~~!?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 Planning Commission recommendation is included in the adoption ordinance. Attachments: (1) 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 Hearing with Exhibits A through L, and (3) Draft Minutes of the July 22, 2009, Planning Commission Public Hearing. Options Considered: (1) 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. STAFF RECOMMENDATION: Staff recommends that the Council approve Option #1; adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance. CITY MA1'OAGERApPROVAL: ~ Committee 1)i\rJXW'\\,)~~ DIRECTOR ApPROVAL: Counc' lh'.,...j 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.ctS tltJ18ndecf -k I nCii..Ld.e -}i lC prcp06C'c1 +6cr tUne nd111.[/1\:t , ~.cL~ Lmda Koc ar, Charr ~:~ Dilll Duclos, Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (09/01/09): "f move to forward the ordinance to a second reading for enactment on the September 15 consent agenda. " 2ND READING OF ORDINANCE (09/15/09): "I 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\LUTC\agenda bill for Vesting FWRC 19.doc Page I 0[2 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED COUNCIL BILL # o DENIED 1 ST reading o TABLEDIDEFERREDINO ACTION . Enactment reading ti... MOVED TO SECOND READING (ordinances only)@ Q/lff/O"1 ~RDINANCE # -k~IsED-07J06I2006 .. -dRESOLUTION # *W qq K:\2009 Code Amendments\Plat and LUA Extensions\Plat & LUA time limits and vestingILUTC\agenda bill for Vesting FWRC 19.doc Page 2 of2 ORDINANCE NO. 09-625 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 modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, the severe downturn in the local, regional, and national housing markets, reduced demand for new housing, tightening credit market, and difficulty in obtaining the financing necessary to complete a project, have resulted in a situation where developers of new housing, subdivisions, and commercial projects are unable to finalize development proposals or obtain land use approval in a timely manner which, in the case of commercial projects, may adversely impact project vesting; and WHEREAS, 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; 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. 09-625 Page] of6 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 and to financial institutions and other investors which have provided financing in support of a development proposal can occur when code provisions are changed before land use decisions are issued; and WHEREAS, establishing an earlier vesting date for land use applications would make Process I, II, III, and IV vesting milestones consistent with subdivision provisions and would provide the developer with the certainty that code requirements will not change after an application is determined to be complete; and WHEREAS, vesting rights would not be considered to be waivable, pursuant to the Vested Rights Doctrine; and WHEREAS, the proposed regulations are categorically exempt from environmental review under the State Environmental Policy Act (SEP A) pursuant to WAC 197-11-800(20); and WHEREAS, the draft staff report was electronically forwarded on July 1, 2009, to stakeholders and interested citizens for review and comment, which resulted in one comment letter submitted by Sam Pace with the Seattle/King County Realtors; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on the code amendments on July 22, 2009; and forwarded a recommendation of approval to the City Council; and 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. Ordinance No. 09-625 Page 2 of6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The code amendments are in the best interest of the residents of the City and will benefit the city as a whole by providing consistency with adopted subdivision vesting provisions and providing certainty in the development permitting processes. (b) The code amendments comply with Chapter 36.70A RCW, Growth Management. (c) The code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) The code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) The code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. 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: (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 process. Ordinance No. 09-625 Page 3 of6 EDP15 The City will continue to implement a streamlined permlttmg process consistent with state and federal regulations to reduce the up front costs of locating businesses in the City. EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. 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. HPll 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. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they clarify and refine various related codes in order to increase the efficiency of the development review process. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way as they provide for certainty in the development review process, which results in continued development within the City, thus aiding the local economy. Section 3. FWRC 19.15.045 is hereby 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 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 e'len 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 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 Ordinance No. 09-625 Page 4 of6 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 IV has been submitted to the city. In the event that the application is deemed incomplete. 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 riehts shall not be waivable pursuant to the Vested Riehts Doctrine. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this 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. PASSED by the City Council of the City of Federal Way this _ day of ,2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY Ordinance No. 09-625 Page 5 of6 ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 09-625 Ordinance No. 09-625 Page 60f6 COUNCIL MEETING DATE:~~~\6;2:QQ4mm CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: '? (b SUBJECT: CRIMINAL CODE UPDATE POLICY QUESTION: SHOULD THE CITY COUNCIL AMEND FEDERAL WAY REVISED CODE 6.20.010 TO IN CORPORA TE STA TE LAW REGARDING SEXUAL MISCONDUCT WITH A. MINOR IN THE SECOND DEGREE? COMMITTEE: PRHS&PS MEETING DATE: August 11, 2009 CATEGORY: KI Consent D City Council Business ~ 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: ffH( Committee 11ft< Council COMMITTEE RECOMMENDATION: " ~K1k-/0 ComIhl ber 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 ~ MOVED TO SECOND READING (ordinances only)@Cf/I!:J/oCf ~ REVISED - 02/06/2006 .. . (f COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ;:fIo~ 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 ofthis chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council ofthe City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 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 of3 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 of 3 Rev 3/09 day of ~. "- COUNCIL MEETING DATE: September 15,2009 ITEM#: ?-F CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Placement of "Safe City Federal Way" signs at designated locations in the city. POLICY QUESTION: Should the City of Federal Way allow the placement of "Safe City Federal Way" signs in key areas of the city? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee - (PRHS&PS) MEETING DATE: September 8, 2009 CATEGORY: ~ Consent D City Council Business STAFF REPORT By: SANDY D Ordinance D Resolution D D Public Hearing Other LIEUTENANT DEPT: Police Department Attachments: 1. PRHS&PS Staff Report 2. Safe City Sign Locations Memorandum 3. Safe City Sign Location Map 4. Safe City Signs (actual signs to be presented at the Council meeting) Options Considered: 1. Accept the prop6~al to place "Safe City Federal Way" signs at the designated locations in the city. 2. Reject the proposal to place "Safe City Federal Way" signs at the designated locations in the city. ST AFF RECOMMENDA TION: Staff recommends Option] . CITY MANAGER ApPRO V AL: fJ W./~ ~/J.1 J]rI.M b ~~rJ Jl'bIRECTOR ApPRO V AL: Committee Counci , ;i,L~i: Committee 1rI..-'G< Council COMMITTEE RECOMMENDATION: PRHS&PS recommends Option l ./1 .Kj~ PROPOSED COUNCIL MOTION: "I m e 0 accept this proposal and authorize the placement of "Safe City Federal Way" signs at the designated 10 ations. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: September 8, 2009 Parks, Recreation, Human Services and Public Safety Council Committee Brian J. Wilson, Interim City ManagerL).(;J.t- )'1; 1 r ~ Andy Hwang, Acting Chief of Police SUBJECT: Placement of "Safe City Federal Way" signs at designated locations in the city. Backeround The Safe City Federal Way initiative has been in process since 2006. In May of2009 it was officially launched as a functioning program. Although the Safe City program is up and running, there are many more components that can and will be mobilized in the future. One of those components is the placement of "Safe City Federal Way" signs in designated locations throughout the city. The purpose ofthe signs is two fold. First, the signs are meant to be a deterrent to criminal activity. Second, the signs are meant to inform the public and encourage participation in the program and by noting the web site address. The Board of Directors of Safe City Federal Way has approved a plan and budget for the;~'Safe City Federal Way" signs. The cost will be fully covered by Safe City Federal Way. The signs will be made and posted by King County. Safe City Federal Way is a community based initiative that unites businesses, residents, city officials, and law enforcement through a project intended to maximize safety and minimize theft and other crimes in our community. The goals of the Safe City program are to reduce crime, effectively utilize police resources, attract new businesses, provide citizens a safe environment to live, work, and shop, and strengthen the community with a prosperous local economy. "Safe City Federal Way" signs, placed at key locations throughout the city, are a part of implementing this program in the most effective manner. Safe City Federal Way is seeking approval from the City Council to have these signs posted at the locations specified in the attached memorandum and map. Recommendation Approval of Safe City Federal Way's request to post "Safe City Federal Way" signs at the designated locations. (See attached sign location map.) Forward to the full Federal Way City Council for approval, on September 15th 2009. 1 ~ CITY OF" ~ Federal Way Federal Way Police Department Safe Cities Program MEMORANDUM To: Federal Way City Council From: Sandy Tudor, Contract Services Lieutenant Date: August 12,2009 Subject: Safe City Sign Placement Locations The following list of "Safe City Federal Way" signs has been approvel by Safe City Federal Way's Board of Directors. It is now being presented to the Federal Way City Council for approval. Total of 11 locations - Core of Safe City Zone (sign facing) Safe City, Website, and Zone signs I. Pacific Highway S. - S. 310th St. (N) 2. Pacific Highway S. - S 316th St. (N) 3. Pacific Highway S. - S. 336th St. (S) 4. Pacific Highway S.- S. 324th St. (S) 5. S. 320th St. -- Pacific Highway S.(W) 6. S. 320th St. -- Pacific Highway S. (E) 7. S 324th St.- 23rd Ave. S. (E) 8. S. 31ih St. - 28th Ave. S. (E) 9. 21st Ave. S -- S. 316th St. (N) (Transit Center- City Property) 10.21 st Ave. S.-- 31700 block (S) (Transit Center - City Property) 11. S. 31 ih St. -- 23rd Ave. S. (E) Total of 10 signs - Primary entrances into city Safe City and Website signs 12. Pacific Highway S. - S. 272nd St. (N) 13. Milit~ Road S. - 27700 block (N) 14. S.288t St. - 3200 block (E) 15. S. 320th S. - Military (E) 16. Weyerhauser Way S. - Just north of the SR 18 westbound off-ramp (S) 17. Enchanted Pkwy S --35400 block (S) 18. Pacific Highway S - 37600 block (S) 19. S.W. 356th St. - 21 st Ave S.W. (W) 20. S 340th St. -Hoyt Rd. (W) 21. SW Dash Point Road - 5600 block (W) 1 I City of Federal Way Safe Cities Safe Cities Sign Locations Puget Sound f"'H'r/~ r.,~ .Iiumw, ,fl,,~ ~_......._.._".~..'--' "_._"-".-~...."...." ,.- tf.~.~ i / : ~ ",'.~.._""........ / "l..._ / .0'" e.. ,/ '. ..""",.~...-...-~_...- ...'\: I ,j U) W ~ - .. .... '" >. " .. '" ::l .. ~ S ., .. >- c ~ ~ " 0 c ., " .,;; OJ E f \ii l;; u '" LL '0 >- i:3 '" <:: ... .;<. c 0 c .2 1ii C :J: ~ w ~ ~ \ii " J: i: 0. l- ll! ClO 0> N OJ ., OJ 5: ~ .2 .., ., u c: ., .S '!! 0. OJ E " ~ ~ J4- Safe Cities "C....J~I 0 Sign locations ~ C~~J City Limits · · · King County Boundary \\erike\ps\safecities\Signs _Asize .mxd Map Date: August, 2008 Revision Date: August. 2009 City of Federal Way PO.Box 9718 33325 8th Ave S Federal Way. WA 98063-9718 o 0.5 1 Scale: I I Mile Major Streets - Freeway Ramp Local Streets - Collector Street - Divided Freeway -- Arterial Street Local Street ~ N en D) -It tD n -- filii- '< ." :e . n o 3 COUNCIL MEETING DATE: September 15,2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ROOF REPLACEMENT POLICY QUESTION Should the City accept roof replacement bids and authorize the City Manager to enter into a contract with the successful bidder? COMMITTEE: PRHSPS MEETING DATE: Sept. 8,2009 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other: .~!A~~~~2~!.!l.y:...~.!~ph~J?:..~k~:r.4'....J.:>~:r.k~m~.!,~~gi.!.i.~~.M~J?:~g.~!....... DEPT: PRCS History: There are two Caretaker homes at West Hylebos Park and one picnic shelter at Laurelwood Park that have roofs that are failing. Two of the three roofs have leaks and staff has taken temporary measures to prevent any further damage from occurring. Bid Result: 10 companies from the Small Works Roster were invited to bid two options; replacing with asphalt shingles or replace with standing seam metal roofing. 3 companies responded as follows: · Chets Roofing - asphalt package $29,750 + tax Metal roofing package $51,350 +tax . V & R Roofing - asphalt package $31,523 + tax Metal roofing package $72,580 +tax · Wright Roofing - asphalt package $26,825 + tax Metal roofing package -. no bid After weighing the differences of asphalt shingles to metal; staff recommends the extra investment in metal roofing for: longer durability, less maintenance hours and the added feature of being more vandal resistance. Reccomended metal roof package; cost summary: . Chets Roofing - Metal roofing package $51,350 10% contingency 5,135 Sub total 56,485 WS tax 5,592 Total metal roof package for 3 sites $62,077 This project will be funded out of a CIP account which currently has a balance of$182,000. Options Considered: Re-roofing the caretaker homes with asphalt shingles and Laurelwood picnic shelter with metal; $31,125 + 3,081.38 tax = $34,206.38. This option would involve two different Contractors. STAFF RECOMMENDATION: Staff recommends Council accept the bid from Chets Roofing and authorize the mterim City Manager to execute a act for roof replacement in the amount of $62,077 .00. CITY MANAGER ApPROVAL. to Council DIRECTOR ApPROVAL: /:) L,I( to Committ';- ~o Council COMMITTEE RECOMMENDATION: PROPOSED COUNCIL MOTION: "I move rpproval to accept the bid from Chets Roofing and authorize the Interim City Manager to execute a contractfor roof replacement in the amount of $ 62, 077.00 (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 # -* ':It:' -e - ~ r ~~~~~ ~ ~ ! 1forlOZ Z _ "C 0" "C s:: = f =' .:: e. E' S. ;. ~ 6 W t '" ~ ~ (/) g ~ ~ ~ ~ .. ~ i ~ (JQ ~ Illl 10 ~ f ~~~;.,,::c ~ 2- ~ . . .' m .. ~ ~ .., ..., f I , , s: ::! ...,.0 g: ~ 3 _. " a ,,3 ~ f ~ i ~rn .. ~ rl (fl J:l" .. 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CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CANCEL THE 2009 VALLEY CITIES COUNSELING & CONSUL TA TION ACQUISITION OF A COMMUNITY FACILITY PROJECT AND REALLOCATE 2009 CAPTIAL FUNDS TO THE KING COUNTY HOUSING REPAIR PROGRAM. POLICY QUESTION: Should the City of Federal Way reprogram available 2009 Community Development Block Grant (CDBG) capital funds to the 2009 and 2010 capital funds used for the King County Housing Repair Program serving Federal Way residents? COMMITTEE: PRHS&PS MEETING DATE: September 8, 2009 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: Lynnette Hynden, Human Services Manager DEPT: Community Development ............_~.~~~~I.?9Ji:l:!.~~~_m___.____..._.__ Attachments: · Memorandum to Human Services Commission dated August 6, 2009, with attachment from Valley Cities Counseling and Consultation. Background: The City of Federal Way allocated 2009 CDBG capital funds to Valley Cities Counseling and Consultation for the acquisition of a mental health clinic in Federal Way. Due to the downturn in the economy, Valley Cities declined the funding award and has renegotiated the lease for their existing clinic in Federal Way. This means that approximately $241,649 needs to be reprogrammed to another eligible CDBG capital project. On July 20, 2009 the Human Services Commission deliberated and considered many options in which to reprogram the 2009 CDBG capital dollars which was previously awarded to Valley Cities. Their recommendation was to allocate all of the 2009 CDBG capital funds to the King County Housing Repair Program that has been heavily supported and utilized by qualifYing Federal Way residents. Options Considered: 1. Allocate available 2009 CDBG capital funds to both the 2009 and 2010 King County Housing Repair Program to serve eligible Federal Way residents. The King County Housing Repair Program would provide low interest or forgivable loans for housing repair and emergency grants for life threatening repair needs in owner occupied homes to qualified residents. 2. Do no allocate available 2009 CDBG capital funds to the Housing Repair program but rather allocate the capital funds to another project not considered by the Human Services Commission. 3. Take no action to allocate the available 2009 CDBG capital funds at this time and request further information. STAFF RECOMMENDATION: Accept option 1 CITY MANAGER APPROVAL: DIRECTOR APPROVAL: ~ Committee ~ Council COMMITTEE RECOMMENDATION: I move a cr~~ I J ~;/Z/L Jeanne Burbidge, Chair Jim Ferrell, Member Michael Park, Member PROPOSED COUNCIL MOTION: "I move approval of option _ . " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDfDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # . DATE: TO: FROM: SUBJECT: ,.pv "" .;::{~, Federal \Nay MEMORANDUM August 6, 2009 . ~ Human Services Commission Lynnette Hynden, Human Services Manag. ' Cancel the 2009 Valley Cities Counseling & Consultation Acquisition of a Community Facility Project and Reallocate 2009 Capital Funds to the King County Housing Repair Program Policy Question: Should the 2009 Community Development Block Grant (CDBG) allocation of $241,649 to the Valley Cities Counseling and Consultation for the acquisition of a community facility be canceled and funds reallocated per the 2009 CDBG Contingency Plan to the King County Housing Repair Program? Backqround: The City of Federal Way allocated $241,649 of 2009 CDBG funds to the Valley Cities Counseling and Consultation Acquisition of a Community Facility project. In November of 2008, Valley Cities notified Federal Way that they would not be accepting the 2009 CDBG award (Attachment 1). In addition to reviewing open King County CDBG Consortium projects per the .2009 CDBG Contingency Plan, the Human Services Commission considered reallocating funds to projects applying for 2010 CDBG capital funds. The Human Services Commission recommended at their July 20, 2009, meeting to reallocate available 2009 CDBG Capital funds to the King County Housing Repair program for 2009 and 2010 housing repair program. As noted at the May Commission meeting, the King County Housing Repair Program has been funded by Federal Way to provide zero interest forgivable loans for housing repair and emergency grants for life threatening repair needs in owner occupied homes to qualified residents. This program is heavily used by Federal Way residents. Federal Way funds the program with 25% of the annual CDBG allocation and has added funding to the program as needed. The housing repair program would receive $180,807 in CDBG funds based on the current 2009 estimates. The City allocated $260,092 to the program in 2008 and 32 Federal Way households utilized $370,439 in funds. Additional funds would be designated to utilize in 2009 and/or 2010 to serve eligible Federal Way residents. The King County Housing Repair Program has also recently been expanded to include up to $8,000 for weatherization to eligible households. A public notice has been published and written public comment requested prior to the Human Services Commission meeting (Attachment 2). Any comments received will be considered as part of a public hearing at the August 17, 2009, Human Services Commission meeting. The Commission will then finalize their recommendation on the cancelation and reallocation of 2009 CDBG funds. .rooosed Motion: Cancel the 2009 CDBG award to Valley CIties Counseling and Consultation for the AcquIsition of a Community Facility, in the amount of $241,649; and, allocate the $241,649 in 2009 CDBG Page 1 of2 l+- \ Capital funds to the King County Housing Repair Program to serve eligible Federal Way clients . in 2009 and 2010. And further to authorize the City Manager, or his designee, to enter into the appropriate agreement(s) for the addition of this project. To be forwarded to the Parks, Recreation, Human Services, and Public Safety Committee for recommendation and consideration by the full Council at the September 15,2009, meeting. Please contact me at (253) 835-2650 or Iynnette.hynden@cityoffederalway.com if you have any questions regarding this item. . . Page 2 of2 Lf-? - To Access Services. Please Call: 25.3'139-1055 tty 253.735.3354 postlnaS[~r~?"'<illc~ ci[]i.:j ;~1rg www.valleyciries.com Administration & Auburn Comprehemive Services 2704 .r Strcd '\iF Auburn. \V-\ 98002 253.1i33.74H fax 2:53.833.0480 Federal Way Comprehensive Services & Federal Way Youth & Family Services 33301 I" Way SOUdl SLtir<::: (-11:5 Federal Way. \Vel.. 98003 VCCC 253.6616634 ja.\" 253.661.6052 FWYFS: 253.835.9975 --less Familv Services ~ S Orcas Street. " ! 22 Seani;:. \VA 98108 253.8~~_744+ fa" 206. 76~.0831 Kent Cnmprehensive Services 325 W<,:,;[ u\.me Street Kent. '"VA 98032 253520.9350 (ax 2:53.520.1799 Renton Services 923 Powell Ave SW. #100 Rentoll. \VA 98055 425264.2080 fa.\" 42:5264.2081 Faith Richie Chief ExeeZlllve OJ/leer A United W{~V Agency since /967 -e"" .'" ;,:; ?~~~.. .,-',"'_:::j RECEIVED BY COMMUNI1Y oevaoPMENT DEPARTMENT VALLEY CITIES counseling & consultation NOV 0 5 2008 I Attachment 1 November 4, 2008 Kelli O'Donnell CDBG Coordinator City of Federal Way 33325 8th Avenue South Federal Way, W A 98003 Dear Kelli: I regret to report that our Board has made the difficult decision to withdraw from our Purchase and Sale Agreement on the building at Campus Square, and to reluctantly turn down the Federal Way COBG funds awarded to our agency for use in 2009. We came to this decision based on three converging events: The county turned us down for our grant application for their CD BG funds, the credit envirorunent for the summer of2009 became more difficult to predict, and our estimated renovation costs became too high. The current owner offered to negotiate a lease to purchase arrangement, but the CDBG requirement for a fifteen year minimum term plus a change of use restriction makes this untenable. We can see no other option at this point, other than to work on a capital campaign for a future acquisition project for this site. We are tremendously grateful to the Human Services Commission and the City Council for their support of this project. We also want to acknowledge your help and guidance during this entire process. We continue to believe that providing a permanent home for this very high need, low income, disabled population is a high priority. I am sorry that we could not do the project at this time, but we hope that we can return at some future date and ask for city support. Sincerely, 1L~ (~L. Faith Richie Chief Executive Officer Lf/3 ClTY Of .(iiii;~ni~::: _:<::::::::w::,.~ Federal Way J Notice of Public Hearings: Cancelation and Reallocation of 2009 Community Development Block Grant (CDBG) Funds & Allocations of 2010 Community Development Block Grant (CDBG) Funds Attachment 2 NOTICE IS GIVEN that the Federal Way Human Services Commission will conduct a public hearings on Monday, August 17, 2009, at 5:30 p.m. in the Hylebos Conference Room on the second floor at City Hall (33325 8th Ave S, PO Box 9718, Federal Way, Washington 98063-9718), to consider the proposed funding of Federal Way's 2010 Community Development Block Grant (CDBG) program and the cancelation and reallocation of 2009 CDBG capital funds. NOTICE IS ALSO GIVEN that the City of Federal Way is proposing to cancel the Valley Cities Counseling and Consultation, Acquisition Community Facility Project, 181 South 333rd St, Bldg C, Federal Way, that was awarded $241,649 in 2009 CDBG Funds. CDBG funds were to be used for the acquisition of a new building for Valley Cities Counseling and Consultation's clinic to _ continue providing mental health services to low- and moderate-income residents. This project was canceled by the applicant. NOTICE OF REALLOCATION: The City of Federal Way is proposing to reallocate the $241,649 from the above cancelled project per the 2009 Contingency Plan to King County Department of Community and Human Services, Housing Repair Program, to provide the following housing repair services for residents of Federal Way: a) interest free deferred payment loans up to $25,000 to low- and moderate-income homeowners (up to 80% of median income); b) matching funds program provides up to $25,000 as a deferred payment loan as a match to low- and moderate-income homeowner (up to 80% of median income) funding from a local lender or private funds; c) grants up to $3,000 for emergency repairs to low-income homeowners (up to 50% of median income); and d) grants up to $5,000 for emergency repairs to mobile homes owned by low-income persons. e) grants up to $8,000 for weatherization (up to 80% of median income). Program eligibility requirements are included in King County Code chapter 24.16. 2010 CDBG PROGRAM: Detailed information about the proposed funding levels for 2010 public service programs and capital projects is available for review during regular business hours at the Department of Community Development-Human Services Division (address above). For additional information, please contact Lynnette Hynden, Human Services Manager, at 253- 835-2650, during normal business hours. Written comments on Federal Way's proposed 2010 CDBG program will be accepted until 5:00 p.m. on August 17, 2009, and may be forwarded to: City of Federal Way, Attn: Lynnette Hynden, P.O. Box 9718, Federal Way, WA 98063-9718. Any person may present written comments to the Human Services Commission during the hearing, and/or may appear at the public hearing to give public testimony Lf- V . . . . Reasonable accommodations at the public hearing such as sign language interpretation or alternate formats for printed materials are available for individuals with disabilities with advance notice. City Hall complies with the . American Disabilities Act. Please call Lynnette Hynden at (253) 835-2650 at least one business day in advance to request accommodation. For TOO relay service call1-800-833-6388/TDD or 1-800-833-6384/voice. This notice will be translated into alternate formats for individuals with disabilities and/or alternate languages upon request. To be published in The Federal Way Mirror on August 1, 2009 . . Lf,-~ COUNCIL MEETING DATE: September 15,2009 ITEM #: . 0\ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM POLICY QUESTION: Should the City of Federal Way allocate 2010 Community Development Block Grant (CDBG) funds as recommended by the Human Services Commission? COMMITTEE: PRHS&PS MEETING DATE: September 8, 2009 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: Lynnette Hynden, Manager Human Services Division DEPT: Community Development ........ .....m..m .........._ .....................m.......mm...._......._..................... mmm .m....m.....mm......_............................_.....mm.~~~~~..Q.9?!!~.~!!!~1.?:!mm_................m Attachments: · Final 2010 CDBG Program recommendations from August 17, 2009, Human Services Commission meeting with staff reports from review process and updated attachments. The notice of public hearing with any comments received is also attached. · Complete copies of the 2010 CDBG applications received, staff reports and questions/responses to agencies are available in the City Council offices. · 2010 CDBG Program Planning and Administration Budget Options Considered: 1. Finalize the recommendation for the 2010 Commooity Development Block Grant (CDBG) Program, as presented and, the 2010 Planning and Administration Budget. It is further moved that the City Manager, or his designee, be authorized to enter into the required agreements to carry out Federal Way's 2010 CDBG program. 2. ModifY the recommendation for the 2010 Commooity Development Block Grant (CDBG) Program. 3. Do not take any action on the 2010 Commooity Development Block Grant (CDBG) Program at this time and wait for further instruction. STAFF RECOMMENDATION: Accept option 1. CITY MANAGER APPROVAL: t> l-Jv--qd Council IRECTORAPPROVAL: ~ Committee ~ Council COMMITTEE RECOMMENDATION: 1 move approval of option -L. ~ PROPOSED COUNCIL MOTION: "1 move approval of option _ . " (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) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # . ^.>>~..... ......-:.:~~~:~::~'^ .' E:lTV 01' .<~~>wm' ",~""~,:"",,, Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: August6,2009 Human Services Commission Lynnette Hynden, Human Services Manager 2010 Community Development Block Grant (CDBG) Public Hearing and Recommendations for the 2010 CDBG Program Public Hearing: On Monday, August 17, 2009, the Human Services Commission will hold a public hearing to collect comments regarding the preliminary recommendations for the City of Federal Way 2010 CDBG program. The public hearing is scheduled to begin at 5:30 p.m. in the Hylebos Conference Room on the second floor of City Hall. The public hearing will start with a staff presentation of the preliminary funding recommendations, as developed by the Commission. The presentation will include an overview of the proposed funding levels for each project, and a review of the proposed conditions of funding and the contingency plan for 2010. . After the presentation, the Chair will invite public testimony. This will be done project by project with the Chair reading a project name and asking for comment. Every person who wishes to speak will have a total of 3 minutes. Human Services staff will set a timer. Additionally, the public will be allowed to submit written comments, which will be read into the record during the hearing. When all comments are collected, the Chair will close the hearing. Recommendations for 2010 COBG Program: The Commission will then move to agenda item 5 for final deliberations of the recommendations for the 2010 CDSG Program. The Preliminary 2010 COBG funding levels for capital, public service projects, and planning and administration (Attachment 1), 2010 Contingency Plan (Attachment 2), and 2010 Conditions of Funding (Attachment 3) are included in the agenda materials. Following review of the information provided and input from the public hearing, the Human Services Commission will finalize their recommendations on the 2010 CDBG Program. The Commission's recommendation will be forwarded to the Parks, Recreation, Human Services and Public Safety (PRHS&PS) Council Committee at their meeting on September 8, 2009. It is anticipated that the full Council will consider and vote upon the Committee's recommendations at their September 15, 2009, meeting. . Updated Estimates: The preliminary 2010 CDSG funding recommendations as developed at the July 20, 2009, Commission meeting are noted in Attachment 1. Updated estimates for 2010 CDSG funding have not been received from King County. The amount of funds allocated by Congress and received as program income and recaptured funds directly impacts how much Federal Way can spend in the capital projects, public service and planning/administration categories. S' -} Attachment 1, Preliminary Recommendations, includes columns showing how funds will be added are reduced based upon the final amount of funds available for the 2010 COBG program utilizing the draft 2010 Contingency Plan. Proposed Motions: Option 1: I move to finalize the recommendation for the 2010 Community Oevelopment Block Grant (COBG) Program, as presented that includes: Proposed funding levels for 2010 COBG Capital Projects and 2010 COBG Public Service Projects; Conditions of Funding; a Contingency Plan should funding increase or decrease and the 2010 Planning and Administration Budget. It is further moved that the City Manager, or his designee, be authorized to enter into the required agreements to carry out Federal Way's 2010 GDBG program. 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Human Services Commission Draft 08/06/09 CITY OF FEDERAL WAY 2010 CDSG CONTINGENCY PLAN Attachment 2 The allocation process for 2010 Community Development Block Grant (CDBG) funds is based upon an estimate of Federal Way's 2010 CDBGfunds. The City will not know its exact grant amount until after Congress passes the HUD Appropriation Bill. This is expected to occur between the fall of 2009 and spring of 2010. Because the final CDBG appropriation is not known, the allocation process includes a contingency plan. The plan allows for adjustment up or down based upon the final grant amount and/or any additional funds received as the result of project cancellations or additional recaptured funds. 2010 COBG Capital Projects: The City's interlocal with King County for the distribution of CDBG funds limits Federal Way to a maximum of two new stand-alone capital projects per year with a maximum of one construction project that may trigger Davis Bacon annually. Capital funds not used for these projects may be allocated to sub-regional projects by the City unless returned by City to the sub-regional fund. Federal Way may add capital funds to projects funded by the King County CDBG/HOME Consortium over and above the two project capital limitations. Since it is unknown at this time which projects will be funded by the King County CDBG/HOME Consortium for 2010 Capital projects, the following contingencies relate to the projects funded by Federal Way under the contract requirements: Funding Order of 2010 COBG Capital projects: 1. Highline Community College - Small Business Development Center: Funded in the amount of $22,500 · Federal Way's first stand-alone construction project that does not trigger Davis..iBacon. 2. Emergency Feeding Program - Facility Acquisition: Funded in the amount of $50,000 · Funding contingent upon project receiving King County CDBG Consortium funding. 3. FUSION Transitional Housing - Facility Acquisition: Funded in the amount 01$150,000 · Federal Way's second stand-alone construction project that does not trigger Davis-Bacon. 4. SKCAC Industries Green Jobs - Capital Facility Improvement: Funded up to $75,000 based upon available funds remaining · Funding contingent upon project receiving King County CDBG Consortium funding. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects - The City will apply any increase in the amount of CDBG capital funds as follows: 1. If additional capital funds are received or any of the above projects not be feasible, Federal Way will work to develop an eligible economic development project serving Federal Way residents; and/or, 2. If additional capital funds are received, open CDBG projects serving Federal Way residents that have been funded by the City of Federal Way and/or the King County CDBG/HOME Consortium will be considered for funding; and, 3. Should no open projects be identified and/or the Council decides it is not in the best interest of Federal Way residents to fund an economic development project or add Federal Way CDBG funds to the project(s), additional funds will be carried over to the 2011 CDBG program year. HSC 20 I 0 Contingency Plan DRAFT 080609.DOC Page 1 of3 s-~ Human Services Commission Draft 08/06/09 CITY OF FEDERAL WAY 2010 CDBG CONTINGENCY PLAN Public Service Programs - The City will apply any increase in the amount of CDBG public service funds as follows: 1. If any additional public service funds become available, funds will be allocated to Orion Industries Work Enhancement Services Program with additional service units. required proportionate to funding up to $20,000 total funding; and, 2. If any additional public service funds become available, funds will be allocated to the Institute for Family Development PACT Program with additional service units required proportionate to funding up to $18,225 total funding; and, 3. If any additional public service funds become available, funds will be allocated to Federal Way Senior Center Adult Day Care Program with additional service units required proportionate to funding up to $17,983 total funding; and, 4. If any additional public service funds become available, funds will be allocated to the HealthPoint (formerly Community Health Centers of King County) Primary Dental Program with additional service units required proportionate to funding up to $32,000 total funding; and, 5. If any additional public service funds become available, funds will be allocated to Big Brothers Big Sisters of PugetSound On&-to-One Mentoring Programwithaqditional service units required proportionate to funding up to $17,000 tGtaHundtng;and, 6. Ifany additional pyblic service funds become available after the first contingency. is fully funded, the Human Services Commission will reconsider allocation of additional public service funds for recommendation to the City Council with publicparticipatidll. . . Planning and Aclininistration..The City will apply any ihcrease in theamountofGDBGpll:fnning and administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cov.er aqministrative costs for Federal 'Nay's CD~G program; and, 2. Additional funds not needed for administration of Federal Way's CDBG program will be applied toward the costs of additional planning activities consistent with the King County Consortium Consolidated Housing and Community Development Plan; and, 3. Additional funds received not needed for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capita/Projects. The City will decrease the amount of CDBG funds allocated for capital projects as follows: 1. Any unallocated capital funds available will be decreased before reductions are made to specific projects. 2. The capital projects will be decreased in the following order based upon final funding: a. SKCAC Industries - Green Jobs - Capital Facility Improvement b. FUSION Transitional Housing - Facility Acquisition c. Emergency Feeding Program - Facility Acquisition d. Highline Community College - Small Business Development Center HSC 2010 Contingency Plan DRAFT 080609.DOC Page 2 df 3 Human Services Commission Draft 08/06/09 CITY OF FEDERAL WAY 2010 CDBG CONTINGENCY PLAN Public Service Programs - The City will decrease the amount of CDBG funds allocated for public service programs as follows: 1. Decreases will be made to public service programs in the following order: a. Big Brothers Big Sisters of Puget Sounds One-to-One Youth Mentoring Program will be reduced until it reaches the $10,000 minimum funding level; and then, b. HealthPoint (formerly Community Health Centers of King County) Primary Dental Program will be reduced until it reaches the $10,000 minimum funding level; and then, c. Federal Way Senior Center A..9ult Day Care Program will be reduced until it reaches the $10,000 minimum funding level; and then, d. The Institute for Family Development PACT Program will be reduced until it reaches the $10,000 minimum funding level; and then, e. Orion Industries Work Enhancement Program will be reduced until it reaches the $10,000 minimum funding level; and then. Any remaining funds available for public services will be redistributed evenly to the reduced agencies above. Planning and Administration - The City will decrease the amount of CDBG funds allocated for CDSG planning and administration as follows: . 1. Fuhdsforadditionatptannin~activit1eswill be reduced first; then 2. Funding for CDBG administrative activities will be decreased. CONSORTIUM CEIUNG: In the event that the funding available for Federal Way's 2010 CDSG program is below the 2007 funding levelfor public service/planning and administration, the City will utilize any additional ceiling available from the King County CDSG Consortium to maintain the funding level of the public service/planning and administration categories at the 2007 CDBG level with the corresponding reduction to 2010 CDSG capital funds. HSC 2010 Contingency Plan DRAFT 080609.DOC Page 3 of3 I Human Services Commission DRAFT 08/06/09 Attachment 3 . 2010 COBG ALLOCATIONS PROCESS Funding Conditions for Capital Projects and Public Service Projects All 2010 COSG Projects 1. All CDBG projects are subject to the federal environmental review requirements of the National Environmental Policy Act (NEPA) as of the date of submittal of application. An environmental review of Federal Way-awarded CDBG projects must be completed by King County before contracts will be executed. Costs of the NEPA review will be charged to the CDBG project. 2. All projects must comply with Community Development Block Grant Program Regulations (24 CFR Part 570) and applicable King County Consortium policies as outlined in the King County Consortium Consolidated Housing & Community Development Plan for 2005-2009, as amended, and updated for 2010. 3. All CDBG projects shall comply with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now exist or hereafter adopted or amended including land use and/or building permit requirements and processes. Federal Way 2010 CDBG Capital Projects All 261'0 CDBG Capital Protects . 1. Federal Way 2010 CDBG Capital Projects will contract with the King County Department of Community and Human Services unless otherwise notified. 2. Federal Way 2010 CDBG Capital Projects must be completed within 17 months from the beginning of the program year that funds are awarded unless an earlier date is stated below and/or the Joint Recommendation Committee extends the project with input from the City of Federal Way. This policy may be amended by the Joint Recommendation Committee. 3. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended ("URA") and/or Section 1 04(d) of the Housing and Community Development Act of 1974, as amended ("Barney Frank Amendment") that are triggered by any project must be included in the budget. Relocation requirements must be coordinated and verified with King County Relocation Specialist. 4. Applicant must receive written notification from King County Community Services Division staff verifying that environmental review is complete before any "choice limiting activities" are taken. Federal Way and King County staff must be notified by the applicant if any changes are made to the scope of the project since the 2010 CDBG application was submitted. 5. CDBG capital awards over $25,000 are structured as a zero interest forgivable loan for a set number of years depending on the amount of CDBG funds received and the type of project. The property owner must be able and willing to secure the change of use . restriction with a promissory note, deed of trust and any other required documents to Page 1 of 6 S-~ HSC 2010 Funding Cond DRAFT 080609.doc Human Services Commission DRAFT 08t06t09 King County. All security documents related tq funded capital project activities must be submitted prior to the execution ofacontract between theawardedagency;,and the County in order to incorporate these documents into the contractual agreement: . Failure to execute security documents to the benefit of King County in a timely manner will result in the cancellation of CDBG awards. . . The following specific condit/on(s) address concerns that Staff and the Commission discussed as they reviewed the applications. Highline Community College - Small Business Development Center Project a) Funding for 2010 is contingent upon the City of Federal Way allocating 2010 general funds through the budget process to support the half-time FTE business advisor and allow the program to continue serving clients that are not GDBG eligible. b) The project must be under contract with King County for 2009 CDBG project and in compliance with contract and CDBG regulations for 2010CDBGfundsto be added to the project. c) The final award amount may be adjusted based upon the amount of CDBGJunds remaining in the project that will be applied to the 2010 fund year. d) Agency must verify..that a minimum of their clients are.S1%lovv-rnoderate-irlcome per official HUDlncome Guidelines and maintain documentation offalTlily si~e, and inqo/Tle,: e) q~rtification that no public funds will be used for lobbying signedbyHighline Community . College President required, Emergency Feeding, ~rogram -FacilityAc;qljisiti()p: 'i.' -,,; ','. .- ..'. .. .... ,-; r,..~-"'. , ",<.-,.,,' '-,,'," , ..,' ...... .... ; ,......",.. : -", .', ;.. '>~ a) Funding Is contingent upori the King CountY GDBG Consortium awarding funds tathe project so that Federal Way may add CDBG funds withoy! it being counted as a Federal Way stand-alone project. . . . b) The project must clear NEPA environmental revie~ by King County b~fore, ranychoice limiting ~ctivities, including acquiring th~ property, ente,ringlegally binding cOl1struction contracts; c1earinglgradin~,. etc., may commence. Failure to do sp could result .in the project becoming ineligible for Federal Way CDBG funds. Applic~nt must receive written notification from King County Community Services Division staff verifying that envtr6nmental review is complete before any "choice limiting activities" are taken. c) Any purchase and sale agreement signed after application and before the proposed project recetves-written<notification theNERAreview .iseo.mpletemust-inch:Jde specific language in the purchase and sale agreement for a "conditional commitment" clause, allowing the applicant to avoid purchasing the property if the environmental review reveals something that does not comply with anyone of the environmental review regulations, and then this feature cannot be mitigated. This clause should be written into the purchase and sale agreement, and the seller must initial by that section to acknowledge they agree to those terms. . Page 2 of6 5'-1 HSC 2010 Funding Cond DRAFT 080609.doc . . . Human Services Commission DRAFT 08/06/09 d) . King County NEPA environmental review costs have not been factored into the project cost. Estimated costs will be requested from King County. The City may choose to increase an award to cover environmental review costs or have environmental review costs deducted from the requested funding level. e) No Federal Way CDBG funds will be allocated until all funding is committed for acquisition. All funding must be secured with approved documentation by March of 2011 for the project to be funded by a Federal Way 2010 GDBG award. The project may reapply in future funding rounds for consideration. f) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended ("URA") and/or Section 104(d) of the Housing and Community Development Act of 1974, as amended ("Barney Frank Amendmenf') apply to this project. Relocation requirements must be coordinated and verified with King County Relocation Specialist. The City may choose to increase an award to cover URA costs or have URA costs deducted from the requested funding level. The agency is responsible for meeting all notification and documentation requirements. g) Award contingent upon verification that appraised value is equal or greater than final purchase price and review and approval of title insurance by City. h) Staff may have additional recommendations for conditions of funding/issues to be addressed prior to final funding recommendations. FUSION - Transitional Housing -Facility Acquisition: a) The project must clear NEPA environmental review by King County before any choice limiting activities, including acquiring the property, entering legally binding construction contracts, clearing/grading, etc., may commence. Failure to do so could result in the project becoming ineligible for Federal Way CDBG funds. Applicant must receive written notification from King County Community Services Division staff verifying that environmental review is complete before any "choice limiting activities" are taken. b) Any purchase and sale agreement signed after application and before the proposed project receives written notification the NEPA review is complete must include specific language in the purchase and sale agreement for a "conditional commitment" clause, allowing the applicant to avoid purchasing the property if the environmental review reveals something that does not comply with anyone of the environmental review regulations, and then this feature cannot be mitigated. This clause should be written into the purchase and sale agreement, and the seller must initial by that section to acknowledge they agree to those terms. c) King County environmental review costs have not been factored into the project cost. Estimated costs will be requested from King County. The City may choose to increase an award to cover environmental review costs or have environmental review costs deducted from the requested funding level. d) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended ("U RA") and/or Section 1 04( d) of the Housing and Community Development Act of 1974, as amended ("Barney Frank Amendmenf') apply to this project. Relocation Page 3 of6 S;- 10 HSC 2010 Funding Cond DRAFT 080609.doc Human Services Commission DRAFT 08/06/09 requirements must be coordinated and verified with King County Relocation Specialist. The City may choose to increase an award to cover URA costs orhave URA costs deducted . from the requested funding level. The agency is responsible for meeting all notification and documentation requirements. e) Award contingent upon verification that appraised value is equal or greater than final purchase price and review and approval of title insurance by City. f) Subject to confirmation by King County that adequate record keeping is in place on past acquisitions. g) Adequate financial controls and recordkeeping must be in place prior to receipt of an award. The City of '=ederal Way will monitor the agency to ensure adequate recordkeeping and financial controls are in place. King County will be invited to participate in the monitoring. Additional. conditions of funding may be added based upon the monitoring. The award may be rescinded if any concerns are found and not addressed. h) The award is contingent upon City review and approval of a fundraising plan or long-term financial plan submitted by the ag.ency along with a fifteen-year operating pro forma with inflation factored in. i) The award is continaent upon City and County review and approval of a lona-term capital needs assessment (CNA) plan for all.theproperties purchased with FederalWavCDBG. The CNA will include a financial analvsis ofthe lona-term maintenance costs for. eachunil j) Staff may have additionall"ecor:nmendatiQfi)s.fofTconditionSi,offundinglissues.taba addressed prior to final fundingreCOmrTlend~Hon~.' ';" /,' "., . '.. .. ' SKCAC Industries. ~ Green jobs for P.eop'I~, vvith~ever~ & DeveJdprrie~tal ' Disabilities: . . a) Fundingi.s. contipgentupon..theKingCQuntyGDBG.ConsortiumaWarding f!:Jn~.s.JQthe' project so that Federal Way mayadd.CDBGfundswithouti.t being counted as a Federal Way stand-alone project. The scope of the Federal Way award will be determined based upon the project(s) funded by the King County Consortium and proportionate benefit to eligible Feqeral. Way clients for a documented eligible capital facilities improvement b) The project must clear NEPA environmental review by King County before any choice limiting activities, including acquiring the property, entering legally binding construction contracts, clearing/grading, etc., may commence. Failure to do so could result in the project becoming ineligible for Federal Way CDBGfunds.. Applicant must receive written notification from King County Community Services Division staff verifying that environmental review is complete before any "choice limiting activities" are taken. c) King County environmental review costs have not been factored into the project cost. Estimated costs will be requested from King County. . The City may choose to increase an award to cover environmental review costs or have environmental review costs deducted from the requested funding level. . Page 4 of 6 5--J)\ HSC 2010 Funding Cond DRAFT 080609.doc Human Services Commission DRAFT 08/06/09 . d) Staff may have additional recommendations for conditions of funding/issues to be addressed prior to final funding recommendations. Federal Way 2010 COBG Public Service Projects All 2010 CDBG Public Service Proiects 1. If funded, service units and units of service may be adjusted based upon the amount of funding and refinement of the program service and unit costs definitions. A line item budget will be negotiated with the subrecipient. 2. 2010 awards are contingent upon successful completion of each agency's 2009 CDSG Contract for public service, if applicable. 3. 2009 awards will be continued in 2010 subject to availability of funds and agency performance in 2009. The CDSG Contingency Plan will be implemented should funding increase or decrease. The following specific condition{s) address concerns that Staff and the Commission discussed as they reviewed the applications. Big Brothers Big Sisters of Puget Sound - One-to-One Youth Mentoring Program No specific conditions. . Community Health Centers of King County - Primary Dental Program a) Federal Way Dental Access Program funding is contingent upon the Federal Way Dental. Access Program receiving funding from Federal Way's 2010 Human Services General Fund for a minimum of $15,900. b) Funds awarded, as part of Federal Way's 2010 CDSG program, must be used to provide additional units of service above that provided by a 2010 Federal Way Human Services General Fund award. Multi-Service Center - Federal Way Emergency Feeding Program a) Funds awarded, as part of Federal Way's 2010 CDSG program, must be used to provide additional units of service above that provided by any 2010 Federal Way Human Services General Fund award. Federal Way Senior Center - Adult Day Care No specific conditions. Institute for Family Development - PACT (Parents and Children Together) . a) Institute for Family Development - PACT funding is contingent upon the PACT Program receiving funding for Federal Way's 2010 Human Services General Fund for a minimum of $3,000. Page 5 of6 $- 1/ HSC 2010 Funding Cond DRAFT 080609.doc J Human Services Commission DRAFT 08/06/09 b) Funds awarded, as part of Federal Way's 2010GDBG program, must be used toproyiqe . additional units of service above that provided by a Federal Way 2010 Human Services General Fund award. Orion Industries - Work Enhancement Program No specific conditions. I Page 6 of 6 S~/3 HSC 2010 Funding Cond DRAFT 080609.doc . .1 {ITY OF .'(t:::::::::::::::::::;:::;::::::::::,::,::.,)' Federal Way Notice of Public Hearings: Cancelation and Reallocation of 2009 Community Development Block Grant (CDBG) Funds & Allocations of 2010 Community Development Block Grant (CDBG) Funds NOTICE IS GIVEN that the Federal Way Human Services Commission will conduct a public hearings on Monday, August 17,2009, at 5:30 p.m. in the Hylebos Conference Room on the second floor at City Hall (33325 8th Ave S, PO Box 9718, Federal Way, Washington 98063-9718), to consider the proposed funding of Federal Way's 2010 Community Development Block Grant (CDBG) program and the cancelation and reallocation of 2009 CDBG capital funds. NOTICE IS ALSO GIVEN that the City of Federal Way is proposing to cancel the Valley Cities Counseling and Consultation, Acquisition Community Facility Project, 181 South 333rd St, Bldg C, Federal Way, that was awarded $241,649 in 2009 CDBG Funds. CDBG funds were to be used for the acquisition of a new building for Valley Cities Counseling and Consultation's clinic to continue providing mental health services to low- and moderate-income residents. This project was canceled by the applicant. NOTICE OF REALLOCATION: The City of Federal Way is proposing to reallocate the $241,649 from the above cancelled project per the 2009 Contingency Plan to King County Department of Community and Human Services, Housing Repair Program, to provide the following housing repair services for residents of Federal Way: a) interest free deferred payment loans up to $25,000 to low- and moderate-income homeowners (up to 80% of median income); b) matching funds program provides up to $25,000 as a deferred payment loan as a match to low- and moderate-income homeowner (up to 80% of median income) funding from a local lender or private funds; c) grants up to $3,000 for emergency repairs to low-income homeowners (up to 500/0 of median income); and d) grants up to $5,000 for emergency repairs to mobile homes owned by low-income persons. e) grants up to $8,000 for weatherization (up to 80% of median income). Program eligibility requirements are included in King County Code chapter 24.16. 2010 CDBG PROGRAM: Detailed information about the proposed funding levels for 2010 public service programs and capital projects is available for review during regular business hours at the Department of Community Development-Human Services Division (address above). For additional information, please contact Lynnette Hynden, Human Services Manager, at 253- 835-2650, during normal business hours. Written comments on Federal Way's proposed 2010 CDBG program will be accepted until 5:00 p.m. on August 17, 2009, and may be forwarded to: City of Federal Way, Attn: Lynnette Hynden, P.O. Box 9718, Federal Way, WA 98063-9718. Any person may present written comments to the Human Services Commission during the hearing, and/or may appear at the public hearing to give public testimony Reasonable accommodations at the public hearing such as sign language interpretation or alternate formats for printed materials are available for individuals with disabilities with advance notice. City Hall complies with the American Disabilities Act. Please call Lynnette Hynden at (253) 835-2650 at least one business day in advance to request accommodation. For TDD relay service call 1-800-833-6388/TDD or 1-800-833-6384/voice. This notice will be translated into alternate formats for individuals with disabilities and/or alternate languages upon request. To be published in The Federal Way Mirror on August 1,2009 Lynnette Hynden From: Sent: To: Cc: Subject: mandy ma [hmamandy@yahoo.com] Monday, August 17, 20092:40 PM Lynnette Hynden Wonil Cho; michael Park; Cary Roe; David Chung Re: 2010 CDSG Capital Application for MSM & Evergreen Senior Club Congregated meatsite renovation Project Dear Ms. Lynnette Hynden, We received your letter through the mail last week and do not understand the reason of denial for the project. The building is a church building and open to public use. On the 10th of February, 2009, we were discussed about the CDBG capital application as a solution for Evergreen. We applied for the CDBG capital grant upon the agreement betweem Evergreen Senior Club and the City in the February meeting with the City of Federal Way. Now we are fraustrated about the dicistion. Would you explain further detail about the clause, "the intent of the CDBG regulation with limited service to be provided"? This church showed it's good intention to sharing space to public. Also, below you mentioned that "if your situation changes next year". What situation? What change? Sincerely, Mandy Ma Executive Director My Service Mind 11016 Bridgeport Way SW LakewoodW A 98499 (253)584-5615 (253)588-2305 hma mandy@yahoo.com 1 Your letter we received last week. July 30, 2009 Ms. Mandy Ma, Executive Director My Service Mind 11016 Bridgeport Way SW Lakewood, WA 98499 Re: 2010 Community Development Block Grant (CDBG) Capital Application for My Service Mind & Evergreen Senior Club Kitchen Renovation Project Dear Ms. Ma: Thank you for the submittal of the 2010 CDBG Capital Application on behalf of My Service Mind/Evergreen Senior Club for the remodel of a kitchen to meet the requirements of a congregate meal site program. Based upon review of the application and additional information provided, it has been determined that this project is not eligible for CDBG capital funds.. The proposed building is not a public facility that meets the intent of the CDBG regulations with the limited service to be provided. Federal Way values the service that My Service Mind and Evergreen Senior Club provides to our community. Unfortunately, we are not able to consider the application submitted for funding. Sincerely, Lynnette Hynden, Manager Human Services Division From: Lynnette Hynden <Lynnette.Hynden@cityoffederalway.com> To: "hmamandy@yahoo.com" <hmamandy@yahoo.com> Sent: Monday, August 3,20093:52:15 PM Subject: Hello Mandy, I wanted to attach the letter that you will be receiving in the mail. First off, thank you for your efforts in applying for the CDBG funds. You will note from the letter that your project was not within the scope of consideration for funding. If your situation changes next year when we anticipate funds to be availabl~ again, please do apply. Sincerely, Lynnette Lynne/Ie S. Hyndll.My i!I!&mager 2 Human Services Division City of Federal Way 33325 8th Ave South Mailing: PO Box 9718 Federal Way, WA 98063 253-835-2650 253-835-2609 (fax) ~ltl]~~tt~,_~y.~~.~}(!@~!!Y-9ffg_~~!:~~-'~~~'y,.~_~_m 3 Lynnette Hynden From: Sent: To: Cc: Subject: Lynnette Hynden Tuesday, August 18, 20099:05 AM 'mandy ma' Wonil Cho; michael Park; CaryRoe; David Chung; Greg Fewins RE: 2010 CDBG Capital Application for MSM & Evergreen Senior Club Congregated mealsite renovation Project Hello Ms. Ma, I am so sorrv we did not see you last night at our public hearing, however, David Chung was present and did present testimony in addition, I read your statement into the record. Both Keili O'Donnell and I discussed at length the issues/questions 'Iou raised in 'lour email. In addition the Commission revisited the discussion concerning your program and it ineligible status. The Commission sincerely deliberated over the application! process and decision not tofundthe capital project. I am sorry about your 'frustration! equally the Commission is frustrated because their hands are tied by the Housing and Urban Development (HUD) . Federal Hegulations. CDBG is federal funds and as such comes with very stringent regulations. HUD was consulted about your prl"ljectjapplication to dl:!terrnine any and <If! possibilities. The city simply cannot use its capital dollars to rnake improvements to part of a building that wotl!d have other uses <lttached and the church is truly not an "opl:m facility" f(jr the cornmunity it would h<lve to demonstrate it serves. In your case the kitchen would have to be separate from the intended use of thl:! building in order to monitor and document the population the kitchen irnprovt:;rnents would be serving. Then if the kitchen could be locked off, rnl:!aning the church would not have access to it. we would have to consider whether thl:! restricted use of the funds is a proper use of the public funds serving thl:! entire public interest. Getting the rnost low income served and reached with public funds is <llso a n:!quirement. Your feeding program is a wonderful prograrn but it does not qualify for c<lpital project funding. The Commission supports yom program through General Fund program dollars. Finally, I want to convey it was not a dedskJn taken lightly last night or in pn::vious ml::etings. The Human Services Commission requested that I purposefully and meaningfully convey their disappointment but thl-:;ir hands are til:!d by other regulations outside oftheir decision making authority. If you would like to meet in person regarding this issue or any other concerns you may have. please let me know and I will make rnV'.>elf available to yol.!. Lynnette Hynden From: mandy ma [mailto:hmamandy@yahoo.com] Sent: Monday, August 17, 2009 2:40 PM To: Lynnette Hynden Cc: Wonil Cho; michael Park; Cary Roe; David Chung Subject: Re: 2010 CDBG Capital Application for MSM & Evergreen SeniOr Club Congregated mealsite renovation Project Dear Ms. lynnette Hynden, We received your letter through the mail last week and do not understand the reason of denial for the project. The building is a church building and open to public use. On the 10th of February, 2009, we were discussed about the CDBG capital application as a solution for Evergreen. We applied for the CDBG capital grant upon the agreement betweem Evergreen Senior Club and the City in the February meeting with the City of Federal Way. Now we are fraustrated about the dicistion. Would you explain further detail about the clause, If the intent of the CDBG regulation with limited service to be provided"? This church showed it's good intention to sharing space to public. Also, below you mentioned that "if your situation changes next year". What situation? What change? Sincerely, Mandy Ma Executive Director My Service Mind 11016 Bridgeport Way SW lakewood WA 98499 (253)584-5615 (253) 588-2305 hmamandy@yahoo.com Your letter we received last week. July 30, 2009 Ms. Mandy Ma, Executive Director My Service Mind 11016 Bridgeport Way SW lakewood, WA 98499 Re: 2010 Community Development Block Grant (CDBG) Capital Application for My Service Mind & Evergreen Senior Club Kitchen Renovation Project 2 Dear Ms. Ma: Thank you for the submittal of the 2010 CDBG Capital Application on behalf of My Service Mind/Evergreen Senior Club for the remodel of a kitchen to meet the requirements of a congregate meal site program. Based upon review of the application and additional information provided, it has been determined that this project is not eligible for CDBG capital funds.. The proposed building is not a public facility that meets the intent of the CDBG regulations with the limited service to be provided. Federal Way values the service that My Service Mind and Evergreen Senior Club provides to our community. Unfortunately, we are not able to consider the application submitted for funding. Sincerely, Lynnette Hynden, Manager Human Services Division From: Lynnette Hynden <Lynnette.Hynden@cityoffecleralway.com> To: "hmamandy@yahoo.com" <hmamandy@yahoo.com> Sent: Monday, August 3, 2009 3:52:15 PM Subject: Hello Mandy, I wanted to attach the letter that you will be receiving in the mail. First off, thank you for your efforts in applying for the CDBG funds. You will note from the letter that your project was not within the scope of consideration for funding. If your situation changes next year when we anticipate funds to be available again, please do apply. Sincerely, Lynnette Lynnette S. Hyndsn, Manager Human Services Division City of Federal Way 33325 8th Ave South Mailing: PO Box 9718 Federal Way, WA 98063 253.835.2650 253-835-2609 (fax) Ivnnette.hvnden@citvoffederalwavocom 3 cny OF Federal MEMORANDUM DATE: TO: FROM: SUBJECT: July 20,2009 Human Services Commission Kelli O'Donnell, CDBG Coordinat~ 2010 Community Development BfcfukGr~nt (CDBG) Planning and Administration Budget -- Staff Recommendation Introduction and Backaround As part of your funding recommendations to the City Council, the Commission will make a recommendation regarding the use of 2010 CDBG Planning and Administration funds. This memo includes: background information on how the CDBG Planning and Administration funds have been used in previous years and the staff recommendation for use of the 2010 CDBG Planning and Administration funds. The total estimated amount of Federal Way's CDBG program for 2010 as of July 2009, is $723,071. Of this, $73,158 is earmarked for planning and administration of the City's CDBG Program. . The budget proposed by staff utilizes the full amount of estimated CDBG Planning and Administration funds available, which is consistent with past years. The estimated planning and administration funds available to Federal Way in 2009 have decreased by $12,819 from 2008. Funds available for planning and administration that are not programmed will be added to Federal Way's CDBG Capital funds. Eliaible Uses of Plannina and Administration Funds Planning and Administration is one of three categories that the Department of Housing and Urban Development (CDBG) has deemed as an eligible use of CDBG funds. Eligible uses of Planning and Administration dollars include: personnel and related administrative costs used to administer the CDBG program, planning projects such as studies, analyses, data gathering and preparation of written plans and action items. Administrative costs include the cost of required legal ads,. office supplies, and travel and training. The proposed use of the City's 2010 Planning and Administration Funds is consistent with the HUD eligibility guidelines. Proposed Use of 2010 COBG Plannina and Administration Funds The proposed 2010 budget is outlined below, with the 2008 Actual and 2009 Budget provided for comparison purposes. Below are the estimated costs and descriptions of each budget category. COBG Planning and Administration Budget Budget Category Personnel Costs $84,907 $ 1,060 $0 2009 Budget Proposed 2010 $90,492 $90,492 $0 $0 $0 $0 2008 Actual Program Operating Costs Consultant and Purchased Services I Estimated Funds Available 2009 j 1 $73,158 1 $73,158 l lEE E I r (Sh~rtfall)'-'-"""""'._.""-'.".""-_.._.'_.'.W'-'-'---1--'''''-- "T--_.'-"-".($f7~ 334 fr.--.-......--..-($17 ,334>1 ,................-..................................................-.......-.-.-...-...........-.....-...............................-.-.....-.............-.....-.............-.........-.....-.-...'.-.......-.................................'...................................-.'.....-............................................................................'...'.......-..........................................................................................-...............'.................-..--.-.........................- Budaet Cateaorv Descriptions Personnel Costs - Includes a portion of the salary and benefits for the Human Services & CDBG Coordinator and a portion of the salary and benefits of the Human Services Manager. Program Operating Costs - Includes legal advertising, training, mileage reimbursement, equipment, and supplies necessary for administering the CDBG program. Since the funds available will not cover personnel expenses, program operating costs will be charged to the Human Services General Fund. Consultant and Purchased Services - Includes special project funds for consultant or purchased services. In past years, these funds have been used for updates to the Human Services Comprehensive Plan, outcomes technical assistance to agencies, and development of the CDBG/Human Services photo display board. Since the funds available will nofcOver personnel expenses, program operating costs will be charged to the Human Services General Fund. Local/Consortium Strateav Addressed The proposed use of 2010 CDBG Planning and Administration funds is consistent with the King County CDBG Consolidated Plan and the City's Consolidated Plan and is an eligible activity in CDBG Program Regulations at 24 CFR 570.205 and 570.206. Local Strategy: Continue to develop a comprehensive human service network at the local. and regional level to more effectively address human service needs of Federal Way's low-income and special needs populations. (HSS4) Consortium Strategy: Community/Economic Development Goal 3: Human Services Agencies. Improve the ability of health and human service agencies to serve our low- to moderate-income residents effectively and efficiently. Objective 1. Staff Recommendation Staff recommends using the full amount of 2010 CDBG Planning. and Administration Funds available ($73,158) for the administration ofthe City's CDBG program. Per the 2010 Contingency Plan, Clny increases would be utilized to fully fund the administration of the program. Any funding shortfall will be part budgeted as part of the Human Services General Fund. Adoption of the 2010 planning and administration budget win be part of the Commission's final recommendation for the 2010 CDBG program. If you have any questions about the planning and administration budget, please call me at (253) 835-2653 or E-mail atkelli.odonnell@cityoffederalway.com COUNCIL MEETING DATE: September 15,2009 ITEM #: (oc?v CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: City Council Position Regarding City of Federal Way Proposition No.1: Adopting a Mayor/Council Form of Government POLICY QUESTION: SHOULD THE CITY COUNCIL TAKE A POSITION PURSUANT TO RCW 42.17.130(1) REGARDING CITY OF FEDERAL WAY PROPOSITION No.1: ADOPTING A MA YORlCOUNCIL FORM OF GOVERNMENT? COMMITTEE: N/A MEETING DATE: CATEGORY: D Consent D City Council Business D Ordinance D Resolution ~ D Public Hearing Other STAFF REpORT By: PAT CITY ATTORNEY DEPT: Law Attachments: Staff Report prepared by City Attorney Richardson Options Considered: 1. Direct Staff to draft a resolution reflecting the City Council's support of City of Federal Way Proposition No. 1 to be approved at the October 6, 2009 City Council meeting. 2. Direct Staff to draft a resolution reflecting the City Council's opposition to City of Federal Way Proposition No. 1 to be approved at the October 6, 2009 City Council meeting. 3. Continue the public hearing to October 6, 2009 for Council's further consideration. 4. Direct Staff to not take any further action. STAFF RECOMMENDATION: n/a Committee H 0(,' I }P~ t. I,J, '1/0~ DIRECTOR ApPROVAL: Counci Committee PI({ Council CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDATION: 11/1{, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of Option _ " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDillEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: TO: CC: SEPTEMBER 15, 2009 CITY COUNCIL MEMBERS I. q~",1 VI BRIAN WILSON, INTERIM CITY MANAGERb, P; PATRICIA RICHARDSON, CITY ATTORNEY STAFF REPORT PROPOSITION 1 - COUNCIL-MAYOR FORM OF GOVERNMENT FROM: SUBJECT: 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 Proposition 1 - Council-Mayor Form of Government on the September 15,2009, City Council meeting agenda. The City Clerk published notice of the public hearing on September 9,2009. Communications Governmental Affairs Manager Farmer notified both sides of the public hearing. This staff report begins with the areas that will not change, attaches a table from Municipal Research comparing the two forms of government, and attaches an article from Municipal Research with a more detailed explanation of the forms of government. NO CHANGE The distinction between the Council - Manager or Council - Mayor forms of government basically entails the daily operations of city government. The seven (7) elected Council positions will continue to be elected at large for four-year terms. The Municipal Court judges will continue to be elected for four-year terms and the separation ofthe judicial branch will continue. The Independent Salary Commission will continue to set the salary of the Mayor and Council members. The Mayor will continue to preside over Council meetings and will continue to attend ceremonies as representative of the City. MUNICIPAL RESEARCH TABLE Comparing/ Contrasting the Mcryor-Council and Council-Manager Forms of Government Characteristics authority Executive authority executive of department Underlying principles mayor elected election term (with council conf1tmation if provided) can propose Separation of powers leadership Strong central executive Council- Manager cil on the basis of emoved by a majority vote of the council Indefinite 4-year term Manager (no council conf1tmation) Manager o veto Manager I Separation of politics from administration I Promotion of economy and efficiency through iprofessional management ! Strong central executive 2 Forms of Government Overview MRSC - AUGUST 2003 Washington cities and towns are organized under three principal forms of government: the mayor-council form, the council-manager form and the commission form. Of Washington's 281 cities and towns, 227 (81 %) operate under the mayor-council form, 53 (18%) have adopted the council-manager form, and 1 (<1 %) operates under the commission form. As a practical matter, the primary forms are the mayor-council and the council-manager forms, since there is only one remaining commission city and no cities have adopted this form in recent years. Each of these alternative forms represents a somewhat different approach to organizing the political and administrative structure of a city or town government. In general, choosing the form of government is not a matter of how much legislative and/or administrative authority the city or town will have. That will be the same regardless of the form that is selected. The most significant differences between the two primary forms of government stem from the location and distribution of authority between the legislative and executive officials. These factors account for most of the differences between the two primary forms of government and have different implications for how a city or town will be governed and administered. Mayor-Council Form of Government The mayor-council form consists of an elected mayor (elected at-large), who serves as the city's chief administrative officer, and a council (elected either at -large or from districts), which serves as the municipality's legislative body. The council has the authority to formulate and adopt city policies and the mayor is responsible for carrying them out. The mayor attends and presides over council meetings but does not vote, except in the case of a tie. Mayoral veto authority is specified in the state laws relating to each city classification or is determined by local charter. In first class cities, the mayor's veto authority is specified in the city charter. In second class cities, the mayor may veto an ordinance, but the mayor's veto can be overridden by five members of the council. In code cities, the mayor may veto ordinances, but the mayor's veto can be overridden by a majority plus one of the entire council membership. T own mayors do not have a veto power. Many mayor-council cities have hired professional city administrators to serve under the mayor and assist with administrative and policy-related duties. By doing so, these cities hope to gain the benefits of professional management, allowing the mayor to focus greater attention on policy development and political leadership roles. Council-Manager Form of Government The council-manager form consists of an elected city council which is responsible for policy making, and a professional city manager, appointed by the council, who is responsible for administration. The city manager provides policy advice, directs the daily operations of city 3 government, handles personnel functions (including the power to appoint and remove employees) and is responsible for preparing the city budget. Under the council-manager statutes, the city council is prohibited from interfering with the manager's administration. The city manager, however, is directly accountable to and can be removed by a majority vote of the council at any time. The mayor in council-manager cities is generally selected by the city council. The person selected must also be a councilmember. In optional municipal code cities or first class cities, the mayor may be directly elected by the people. The mayor presides at council meetings and is recognized as the head of the city for ceremonial purposes, but has no regular administrative duties. K:\memo\2009\staff report change form of govt 4 .' COUNCIL MEETING DATE: September 15,2009 ITEM #: .1 tt. ' CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: World Championship of Sand Sculpture POLICY QUESTION: Should the City of Federal Way support the establishment of the World Championship of Sand Sculpture in Federal Way in September 201O? COMMITTEE: N/ A MEETING DATE: N/A CATEGORY: D Consent ~ City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: PATRICK DOHERTY .......................-........................................................... .............................................................- ...........--.....-.....-........-........... .................................................... DEPT: CITY MANAGER Attachments: World Championship of Sand Sculpture Prospectus Summary/Background: The World Championship of Sand Sculpture has been held in Harrison Hot Springs, BC, for the past 19 years. Its founders and organizers, Bob and Karen Bell, have decided not to continue producing the event in Harrison Hot Springs any longer. However, Mr. Bell is very interested in seeing the event take place in a new venue with much greater growth potential, such as within the Seattle-Tacoma metropolitan area. Mr. Bell has granted permission to Doc Reiss of Port Angeles and Bob Hitchcock of Federal Way to take over the World Championship of Sand Sculpture brand and event, with the intention that this event be sited in Federal Way. Mssrs. Reiss and Hitchcock attended the Lodging Tax Advisory Committee (LTAC) meeting on 9/8/09 at which time they presented an itemized prospectus of the event, containing estimated revenue and expenditure numbers, attendance projections, and a request for City financial participation. A summary of the details contained in the attached prospectus indicate that the event would take place from 9/7 through 10/2/10. Sculptors from around the nation and world would participate in this international championship, which would attract up to 80,000 paying attendees. The proposed site of this event would be the vacant land just to the south of Truman High School, currently owned by Federal Way Public Schools. The estimated total expenses would be approximately $460,000, with revenues anticipated to reach to over $740,000. Mr. Hitchcock stated that, while projected revenues exceed projected expenses, there is an issue of start-up funding and cash-flow concerns in that a sizable amount of expenses could be due before the revenue comes in. His hope is for up to $185,000 in City and/or other governmental or agency funding. The LTAC members were interested in the proposal and concurred that such an event would be a substantial tourism draw for the City. The Committee members unanimously agreed to support the event, stating that upon subsequent City Council support, they would analyze the LTAC budget and offer their recommendation on any potential LTAC funding for the project. They did mention, however, that there would likely be nowhere near the full request of$185,000 available in the LTAC budget, with something more on the order of $50,000 potentially available. Options: 1. Support the establishment of the World Championship of Sand Sculpture event in Federal Way for 9/7-10/2/10 and request the Lodging Tax Advisory Committee to offer back to City Council its recommended level of financial support from lodging tax revenues. 2. Take no action. STAFF RECOMMENDATION: N/A CITY MANAGER ApPROVAL: .L; tJ./W'\ DIRECTOR ApPROVAL: ,,</ /r- Committee Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve Option 1, (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 # We are blessed that Bob Bell, the originator of The World Champion- ship of Sand Sculpture, has given us permission to use the title and the higWy-coveted awards that belong solely to the event. Federal Way is about to become the Sand Sculpt- ing Capital of the World. Imagine 60 sculptors, coming from all corners of the globe to compete, each bringing their own idea of what it takes to win. .. each showing their cultural influences in their craft. We now have the opportunity to take this eighteen-year-old contest and bring it to the next level by hosting it in an area that is easily accessible to many more people and by staging it in multiple venues. This presentation will cover the basics of the con- test. Without knowledge of the specific areas to be used, designing the galleries is not possible. So for the purpose of illustration, we are submitting the square footage of each gallery. You will also find a list of supplies and amenities that will be needed. We have not yet had the chance to cost them all out. The numbers we have been able to determine are included. q'/ie 2008 Pirst cpface SoCoScuCpture andScuCptor's Clioice}Lward"Winner The advantages of making this competition exclusive - an invitation only event - include not only controlling the costs but also the talent level. It also elevates the status of the event in both the sculptor's eyes and that of the public. Sculptors will take less from a competition than they demand when working for a corporation to create a commissioned piece. The prize structure we are proposing is shown by catagory and winning level. There is also a "show up & finish" amount for those who do not place. As these galleries will be left open for three - four weeks, "finished" will mean that the piece has also been sprayed with a bio-degradable pre- servative. The "People's Choice" awards will determined by the attendees voting for their favorite sculpture at a cost of 25 cents a vote. At that level, parents can easily allow each of their children to vote. This should pay for the awards and bring additional income from the festival. Gallery day passes, rather than single admissions, encour- age frequent voting as people return, note progress and change their minds or re- invest themselves emotionally on their original choice. Event Timeline: Venue #1: (Sept. 7 - Oct. 2) Three days prior to opening (9/4 Sat.) -- Sand arrives 20 yards Two days prior to opening(9 / 5 Sun.) -- Pound Up. Mechanical tamper needed. One day prior to opening (9/6 Mon.) -- Carving starts Venue opens (9/7 Tues.) Venue plus six days (9/12 Sun.) -- Carving Display #1 stops Venue plus seven days (9/13 Mon.) -- Sand arrives 20 yards Venue plus eight days (9/14 Tues.) -- Pound Up. Venue plus nine days (9/15 Wed.) -- Carving Display #2 starts Venue plus sixteen days (9/22 Wed.) -- 2nd display finished Venue #2: Doubles Class One day prior to opening (9/9 Thurs.)-- Sand arrives 200 yards Opening Day (9/10 Fri.) -- Pound Up Venue opens (9/10 Fri.) Carving starts (9/11 Sat.) Carving runs Venue plus three days. (9/13 Mon.) Venue #3: Teams/So~s One day prior to opening (9/13 Mon.) -- Team Sand arrives 180 yards Opening Day (9/14 Tues.) -- Pound Up Venue plus one day (9/15 Wed.) -- Carving starts Carving runs Venue plus four days. (9/18 Sat.) One day prior to opening (9/13 Mon.) -- Solo Sand arrives 300 yards Opening Day (9/14 Tues.) -- Pound Up Venue plus one day (9/15 Wed.) -- Carving starts Venue plus ten days (9/18 Sat.)-- Carving stops Venue plus ten days (9/18 Sat.) -- Judging, Awards Dinner Venues 2 & 3 run as display galleries through end of festival (9/19 - 10/2/2010). Venue #1 runs as a display gallery 9/23 - 10/2 October 3, 2010 (Sun.) Tear Down. Twenty-six days open to the public, thirty days total. q'fie 2007 Pirst CPCace WorY'Team cCass Potential Revenue Streams: Adult Admssion: 6 - 12 year-olds: Under 6 $5 per person estimated 40,000 $2 per person estimated 40,000 no charge $200,000 $ 80,000 Voting Boxes: 25 cents per vote, estimated 30,000 votes $ 7,500 Booth Space Fees: Sponsorships: 46 sculptures x $2,000 per $ 92,000 Product Placement Sponsorship (suggested price) *($4,000 to festival, $1,000 to sculptor) $ 5,000* World 'Team cCass.' $6,000 $5,000 World (j)ou6Ces cCass.' ..1 $3,000 $2,000 $1,500 World SoCos cCass.' . <tTh..e doe Maize Memorial Trophy: $2,500 \\ \ $2,000 $1,500 $4,000 .' ' '. People's Choice Award: The Marc Altamare Memorial Trophy $2,500 f. . ': :.': People's Choice . . Award: $1,000 (Q 4tn (Q 5tn ~) q>face ~) q>face (j) c0 $1,000 $750 ~" Choice . - --Award: Worlii's C/iampion ScuCptors' C/ioice ;zL ward': $1,000 $650 quaranteed S/iow-Vp d Pinis/i Stipend $500 q'otaCs: q'eam - $17,500, (j)ou6fes - $7,500, Sows - $8,400, S.e. - $1,000, Snow-up - $27,000 FEDERAL WAY SAND SCULPTURES INCOME ArtisansN endors City Grants Admissions Peoples Choice Memorabilia Sponsorships Rides/Carnival TOTAL INCOME: EXPENSES Room Nights - 512 x $120 Food (546) Travel Sand Tent 3 Kabota Tractors (Donated) Plywood 2 x 4's Golf Carts Transportation Barricades Electrical Sanicans Garbage (Donated) Other Equipment Display Sculpture Insurance License/Permits Postage Print/Copy Accounting Program Coordinators Other Services Media Promotion TV/Radio Print Memorabilia A wards/Plaques Website Yard Signs Security - 24 hr. Telephones Volunteer Expenses Community (stages, etc.) Stage Entertainment Miscellaneous Expenses TOTAL EXPENSES: $167,250 185,000 280,000 8,000 5,000 92,000 5.000 $742,250 $ 61,440 16,380 90,000 16,800 26,000 6,120 2,300 2,400 1,500 2,500 2,500 4,500 2,000 10,000 3,000 1,500 3,000 4,000 30,000 2,500 34,000 16,000 5,000 65,000 600 1,200 13,800 1,500 2,500 15,200 15,000 2.500 $460,740 NET INCOME: $281,510 World Map, Online Maps, Satellite Maps - National Geographic Animals I News I Environment I History I Kids ! Maps I Music I Photography I Science I Travel I Video Page 1 of2 Subscriptions I Shop i Newsletters '" ~ ",~. ",,;:' "', ;~U! ~~ '''''of; ~"", ~"' < '< -I<~{"~"'" ~ ~ ,\,- 't ~ "' ,~~.~ - - c 'I.k \"";" ' ,~',_' i', ,'~' t': ~'1,!'\I~:. ,'. " ",. ,"', ',,' Order '1 ' ' .. ~ ,i< t r\" fu, '* , I 1 l <,if" ) f \-: '" ,,--: - f - -" \ \ ." ~l . '" ' 'p',."" ~_,')..i"""'n jl ,.JI'<) " '" Cll' ",-".""":.._~,,,,:~,",-;", Tickets .8'..'._. f/t;:\~_:~,':~,. ~" 'a~nJ~v~! Summe~ " " , i I Salel I i , ' N,',T10NAl GEOCRIP,IIC SAVE-IS "A STORE M~~~tS @. " ~p, SHOP NOW" ......\1')'- -, ,':; ~\1 r ~;:I;o~~\i," i .. ,(,[{)(11GEO(,RII'1IIC' .)(/ ' 'i~ ~~'i r )~ .;i-J t '. tb""\~,~': . II" ~q' ,,; 1--~ Current Issue July 2009 Table of Contents >> So.roll ~l! HOME FEATURES PHOTOGRAPHY YOUR SHOT MY SHOT VIDEO MAPS INTERACTlVE SlOGS FOLLOW UP GEOPEDIA ARCHIVES SUBSCRIBE Map Machine Sa}ellitet1street maps and more in our on Ine a as. Search for an Address, Country, State. or U.S. Zip Code ~~I:II.l":.iWlt". Online Extras ~C.,~ Blog Central Read our reports and tips. then share your comments. NGM Widgets Put National Geographic Images and puzzles on your Web page. Newsletters Have National Geographic photography delivered to you. ~i i:!1 I!;l - ADVERTISEMENT - New at National Geographic . Atlases For All Ages No one does atlases like National Ge<>graphic. Shop the award-wlnnlng selection from our legendary cartographers. TOPOl Explorer Browse and download topo maps and trails from our new recreation database. Green Effect Who should get $20.000 to put their Earth-saving Idea Into action? Vote for your favorite Idea. '~.i Atlas Explorer See Interactive world maps from our Maps division. . .. Vote Nowl The Daily Dozen Shop the NG Store Puzzles Desktop Wallpaper Buy NG Photos htto:/ /maos.national Q:eoQ:raohic.com/mao-machine Special Issues 7/14/2009 COUNCIL MEETING DATE: September 15,2009 ITEM#: J b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED RESOLUTION OPPOSING INITIATIVE 1033 POLICY QUESTION: SHOULD CITY COUNCIL APPROVE THE PROPOSED RESOLUTION OPPOSING INITIATIVE 1033? COMMITTEE: N/A MEETING DATE: CATEGORY: D Consent lXJ City Council Business D Ordinance X Resolution D D Public Hearing Other STAFF REpORT By: PATRICIA RICHARDSON, CITY ATT9RNEYmmmmmmmmmmmmmmmm~~~~:~~~ Attachments: Proposed resolution opposing Initiative 1033. Background: State law prohibits the use of public facilities for all campaign purposes (i.e. an individual candidate and/or ballot proposition). However, public facilities may be used if the City Council desires to take a formal and collective position. State law provides public facilities may be used provided (1) the notice of the meeting includes the title and number of the ballot proposition, and (2) all are provided an approximately equal opportunity to express individual opinions (pro and con). On September 1, 2009 during its regularly scheduled council meeting, the City Council held a public hearing regarding Initiative 1033 (1-1033) concerning state, county and city revenues. Representatives in support ofI-l 033 and representatives in opposition to 1-1033 were invited to speak at the hearing. Public notice of the hearing was given and equal opportunity was provided for those supporting and those opposing the initiative to speak. After listening to presentations and public comment, and after discussing the initiative, Council directed staff to prepare a resolution opposing the initiative. Options Considered: 1. Approve the proposed resolution opposing Initiative 1033. 2. ............M'?4.iD'...!h~...p~'?P'?~~4~.~.~'?~~!i()!1..'?pP'?~!~g!~i!i~!iy~JQ??:mmmmmmmmmmmmmm......mmmmmmmmmmmmmm.... STAFF RECOMMENDATION: Option 1 Committee {J)Jllr""'1k~/~RECTOR ApPROVAL: Council I Committee fAt( Council CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDATION: N/ A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: OJ move approval of Option _" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 K:\agenda item\council\2009\I 033 opposition resolution COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHIN.GTON, OPPOSING INITIATIVE 1033 CONCERNING STATE, COUNTY AND CITY REVENUE WHEREAS, Initiative 1033 will be presented to the voters in conjunction with the general election on November 3, 2009; and WHEREAS, if passed, Initiative 1033 would limit growth in state revenues deposited in funds subject to the state expenditures limit and would limit growth in the county and city revenues deposited into the county and city current expense fund; and WHEREAS, the Washington State Office of Financial Management estimates that, if passed, Initiative 1033 will reduce general fund revenues by2015 in the amount of5.9 billion dollars for the state, 694 million dollars for counties, and 2.1 billion dollars for cities; and WHEREAS, if passed, the effect of Initiative 1033 on Federal Way would be to (1) reduce general fund revenues, (2) limit ability to make public improvements, (3) limit ability to deal with unanticipated costs, such as emergencies and emerging issues or opportunities, and (4) increase margin between revenues and costs; and WHEREAS, if passed, Initiative 1033 would impact Federal Way's general fund revenues beginning in 2011 and impact the increase in utility tax transfers from capital to operation to cover the current revenue shortfall; and WHEREAS, ifpassed, Initiative 1033 would reduce general fund revenues available to spend on operation by approximately 3.6 million dollars through 2015; and RES # , Page 1 WHEREAS, if passed, Initiative 1033 will slow revenue recovery - with the revenue cap, it will take until 2014 for revenues to recover to 2007 levels and would delay several programs and projects such as restoring Federal Way's annual street resurfacing program and implementing the park capital improvement plan; and WHEREAS, in accordance with RCW 42.17.130(1), notice for the opportunity to comment was published, and a public hearing was held on September 1, 2009, and equal opportunity was provided for those in favor of and those opposed to Initiative 1033 to speak; WHEREAS, the Council finds that an expression opposing Initiative 1033 is appropriate and in the public's interest, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City of Federal Way City Council opposes Initiative 1033, which will be presented to voters in conjunction with the November 3, 2009 general election ballot. Section 2. Severability. If any section, sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers ofthis resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. RES # , Page 2 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:\Resolution\2009\1033 opposition resolution RES # , Page 3 COUNCIL MEETING DATE: September 15,2009 ITEM#: 10 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAG Property Proceeds Distribution and Hold Harmless Agreement with the City of Bellevue POLICY QUESTION: SHOULD THE CITY COUNCIL AUTHORIZE THE CITY MANAGER TO EXECUTE THE JAG PROPERTY PROCEEDS DISTRIBUTION AND HOLD HARMLESS AGREEMENT WITH THE CITY OF BELLEVUE? COMMITTEE: N/A MEETING DATE: YlIA..-- CATEGORY: D Consent ~ City Council Business STAFF REpORT By: BRYANT D Ordinance D Resolution D D Public Hearing Other FINANCIAL SERVICES ADMINISTRATOR DEPT: Finance Attachments: (1) Staff Report prepared by Bryant Enge; (2) Attachment 1: JAG Property Proceeds Distribution Table that shows estimated property proceeds distribution by city; and (3) Proposed Proceeds Distribution and Hold Harmless Agreement Options Considered: 1. Authorize the City Manager or his designee to execute the Proceeds Distribution and Hold Harmless Agreement to receive an apportionment of the jail property proceeds. 2. Do not authorize the City Manager and provide alternative direction to staff. STAFF RECOMMENDATION: Option 1 CITY MANAGER ApPROVAL: fj, Committee COMMITTEE RECOMMENDATION: () I ~ 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 # CITY OF Federal MEMORANDUM DATE: TO: CC: FROM: SEPTEMBER 4, 2009 CITY COUNCIL MEMBERS ~ BRIAN WILSON, INTERIM CITY MANAGER BRYANT ENGE, FINANCIAL SERVICES ADMINISTRATO JAG PROPERTY PROCEEDS DISTRIBUTION AND HOLD HARMLESS AGREEMENT SUBJECT: FISCAL IMPACT The Jail Advisory Group (JAG) designated the City of Bellevue lead agency for maintaining and disposing of three parcels of land abutting 116th Avenue N.E. just north of NE Ith St (tax parcels # 2825059291,2825059292, and 2825059015). These parcels were provided to cities through negotiation of the Jail Services Agreement with King County in 2002. As lead agency, Bellevue is holding the proceeds from the sale of the property on behalf of all King County cities. The total amount of proceeds (net sale proceeds plus investment interest revenue) is approximately $13.1 million. The cities, through the Jail Oversight Assembly, have directed distribution of the proceeds to each city signing the Proceeds Agreement based on a methodology that utilizes an average of each city's assessed valuation and jail population (see Attachment 1). As the caretaker of the property, Bellevue is allowed to recover costs incurred to manage and sell the properties, which totaled approximately $100,000. This amount will be deducted from the total proceeds prior to distribution to all of the cities in order to reimburse Bellevue for incurred expenses. Based upon the Oversight Assembly's approved methodology, the City of Federal Way's estimated share of the remaining proceeds is approximately $592,399.79. Based upon the 2002 Jail Services Agreement (JSA) with King County, the proceeds must be used for the purpose of providing or contracting for secure jail beds. The City of Federal Way, however, maintains discretion over the specific use of its share of the proceeds, provided the funds are used in a manner consistent with the JSA. Council has previously accounted for and committed these funds to pay Federal Way's SCORE project costs, which complies with the JSA. POLICY CONSIDERATION Contracts providing jail beds for city misdemeanant inmates at King County and Yakima County expire in 2012 and 2010 respectively. Cities have been working together to plan for secure jail beds for city inmates in the future. As a component of the 2002 JSA with King County, King County transferred ownership of property located in Bellevue to the City of Bellevue on behalf of all King County cities. The JSA allows cities to use the proceeds from the sale of the property for the purpose of building or contracting for secure jail beds. As the lead city designated to maintain and dispose of the property, Bellevue is responsible for making the distribution of the proceeds from the property's sale according to the methodology approved by the Jail Oversight Assembly. In Bellevue's lead role, it also has unique obligations to return proceeds to King County should one or more cities misspend their proceeds. On July 6, 2009, the Bellevue City Council approved the Proceeds Agreement, carrying out direction made by the Jail Oversight Assembly last year to distribute proceeds from the sale of the of the jail property to each city for jail purposes and to protect Bellevue in its lead role should a return of proceeds to King County be required. BACKGROUND Regional Jail Planning and Jail Property The JAG (the Jail Administration Group) was formed after renegotiation of the JSA which calls for a phased reduction in cities' misdemeanant prisoners. The current agreement ends on December 31,2012, which is the date that all city misdemeanants must be housed in alternate facilities unless other arrangements are made with King County. The JAG provides an organizational structure for coordinating the contract for jail beds with Yakima and King counties and to plan for new local jail beds that would be needed when the King County contract expires. The full JAG represents thirty-seven King County cities and includes an oversight committee composed of elected officials from each city (the Jail Oversight Assembly). A jail needs study was completed in 2006 which identified a total projected average daily bed need of 1,450 beds for all JAG cities in 2026. In 2007, the cities formed two groups for regional jail planning purposes, SCORE (South County Correctional Entity) and the North East Cities (NEe). Both groups are currently engaged in feasibility or construction planning for new jail facilities. At the time cities entered into the current JSA with King County, the County transferred ownership of property within the Bellevue city limits to Bellevue to hold on behalf of King County cities. The property, or proceeds from sale of the property, was to be used to help provide funding to cities for new misdemeanant jail capacity. Based on the anticipated sale of the jail property, on March 26, 2008, the Jail Oversight Assembly authorized distribution of the sales proceeds based on a formula of an average of each King County city's AV (assessed value) and ADP (inmate average daily population). Distribution of the funds would allow cities to utilize the funds to meet the intent of the property transfer. The City of Federal Way's estimated share of the funds is approximately $592,399.79 (see Attachment 1). The Council has the authority to determine how these funds are spent by the City, provided the funds are applied as required in the JSA. Council has previously accounted for and committed these funds to pay Federal Way's SCORE project costs, which complies with the JSA. In March, 2009, the City of Bellevue completed the sale of the jail property to Children's Hospital. Bellevue is holding the proceeds in a designated account pending the completion of the Agreement with each city to receive their share of the proceeds. Use of the property or proceeds from the property is spelled out in the JSA. The JSA indicates JAG cities 2 will: 1) use the funds to contribute to the cost to construct or contract for secure facilities, and also may use the funds to construct or contract for alternative correction facilities at the discretion of the cities; and 2) the cities will reach the zero targets at King County facilities by December 31, 2012. The property transfer agreement and JSA provide that in its lead role, Bellevue is responsible for returning to King County proceeds distributed to Bellevue and other cities should King County prove these provisions have not been met. These documents are ambiguous as to the scope of proceeds that must be returned in this circumstance or in the event of failing to meet the zero targets. It is Bellevue's and other King County cities position (we believe) that each city is only individually liable for return of its proceeds should its actions violate the agreements. It is not clear at this point whether King County would assert another reading of the agreements. One purpose of this Proceeds Agreement is to protect Bellevue so that it does not have any greater liability or costs than any other city solely because if its lead role functions in returning proceeds. The proceeds distribution agreement has been drafted to ensure that all cities must accept an appropriate share of potential liability/costs under various possible scenarios involving King County making a claim against Bellevue for return of other cities' proceeds. Each city will need to enter into an agreement with the City of Bellevue to receive the designated amount of funds. Staff is seeking Council approval for the City Manager to sign a Proceeds Agreement to receive an apportionment of the estimated designated funds as provided in Attachment 1. OPTIONS 1. Authorize the City Manager or his designee to execute the Proceeds Distribution and Hold Harmless Agreement to receive an apportionment of the jail property proceeds. 2. Do not authorize the City Manager and provide alternative direction to staff. RECOMMENDATION Staff recommends Option 1. K: \memo \ Council\2009\JAG property proceeds distribution and hold harmless 3 c: 0 - .c E CJ.) (/) (/) <C +'" ..c: ~ CJ.) > 0 - .- C'O "'") CJ.) ..c: +'" .c "0 CJ.) > 0 "- CO 0 0 N U) 0 N - ..c: 0 "0 0 "- 0 C'O ..c: :lE +'" CJ.) :lE c: 0 +::i ::i .c .;: +'" (/) .- C (/) "0 CJ.) CJ.) 0 0 "- a.. c o :;::; :::i ..0 .c - '" 6 -I/) :€ u >. o :t:: l'J U c '!l >, ~ .g ~- .q (1) :;j ;>.0>.0 :=: (..) 'i: (.) e iil 0.6 o o o (") CIl ~ .S: u.. '" iil o I.) .... 0> .s:: - o C E "0 <( 0> .... 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M o 1.0 <<i a> to <ti co (TI N- ..... ~ PROCEEDS DISTRIBUTION AND HOLD HARMLESS AGREEMENT This Proceeds Distribution and Hold Harmless Agreement (Agreement) is entered into between Federal Way (JAG City) and the City of Bellevue and is effective upon the date of the last signature below. RECITALS A. Whereas, King County entered into a Jail Services Agreement (JSA) with many of the cities located in King County (Contract Cities) to house and provide jail services for Contract Cities' misdemeanants; B. Whereas, the JSA provides for the transfer of real property located in Bellevue with tax parcel numbers 2825059291, 2825059292, and 2825059015 (Jail Property) to the City of Bellevue on behalf ofthe JAG Cities to facilitate the Contract Cities reducing their jail population housed by King County as provided in Section 11 of said JSA; C. Whereas, Section 12 of the JSA provides that the Jail Property (or the proceeds from its sale [Proceeds]) will be used to contribute to the cost of building secure capacity, or contracting for secure capacity, and at the sole discretion ofthe Contract Cities, building or contracting for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step of the population reduction schedule in the JSA; D. Whereas, Section 12 ofthe JSA further provides that in the event the Contract Cities do not meet the objectives set forth in said section, King County would be entitled to return of Proceeds; E. Whereas, on October 31,2002, the City of Bellevue and King County entered into a Land Transfer Agreement [City of Bellevue Clerk's Receiving # 33014] conveying the Jail Property to the City of Bellevue on behalf of all cities in King County (JAG Cities) for the purposes described in Section 12 of the JSA; F. Whereas, JAG Cities, except Kent and Enumclaw, entered into an Interlocal Agreement for Jail Administration (Interlocal Agreement) in part to create rules for administering the obligations related to Sections 11 and 12 of the JSA; G. Whereas, the obligations of Section 12 of the JSA are incorporated into Section 7.1 of the Interlocal Agreement including its application to all King County Cities; H. Whereas, on March 16,2009, the City of Bellevue (Bellevue) sold the Jail Property to Seattle Children's Hospital for $13 million; 1. Whereas, on March 26, 2008, the Assembly created by the Interlocal Agreement approved the distribution of Jail Proceeds; - 1 - July 7,2009 J. Whereas, some Cities have acted to designate their portion of the Proceeds towards fulfilling their obligations under the JSA through undertakings such as the SCORE facility; K. Whereas, it is the intent of this Agreement that Bellevue stand in no worse (or better) position than any other JAG City with respect to liability or costs associated with the distribution of and/or possible return of Proceeds to King County because of its unique obligations to King County in Section 12 of the JSA as incorporated into the Interlocal Agreement (unique Section 12 obligations); L. Now therefore, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and as a precondition for receipt of said Proceeds, the JAG City and Bellevue agree: AGREEMENT 1. Per the Jail Oversight Assembly approved formula noted in the city-by-city proceeds distribution (Attachment A), Bellevue shall pay JAG City, $ 592,399.79 (representing $ 596,939.04 - its proportionate share ofthe Proceeds/Interest minus $ 4,539.25 its proportionate share of the expenses Bellevue may recoup as provided in Section 7.2 of the Interlocal Agreement) within 30 days of the execution ofthis Agreement. 2. Upon receipt of said Proceeds, JAG City acknowledges and agrees that Bellevue has lawfully discharged all obligations and duties of Belle vue to that JAG City under the first paragraph of Section 7.2 of the Interlocal Agreement, and that Bellevue is discharged from all of its obligations and duties to that JAG City under the second paragraph of Section 7.2 of the Interlocal Agreement. 3. JAG City will abide by all requirements regarding the use of and goals related to the proceeds as provided in Section 7.1 of the Interlocal Agreement (whether a party to a JSA or not). JAG City will only leave or place a City Inmate in King County Jail after December 31, 2012 (post 2012 inmate housing) if King County confirms in writing that this post 2012 inmate housing does not violate the population reduction schedule referenced in Section 12 of the JSA and incorporated into Section 7.1 of the Interlocal Agreement. 4. Should there be a determination that a JAG City failed to abide by the requirements of Section 7.1 (at-fault JAG City) triggering an obligation for Bellevue to return all or part of the at-fault JAG City's Proceeds and any required interest to King County, said Proceeds shall be paid to Bellevue within 10 working days of written notice unless the at-fault JAG City makes other acceptable arrangements with Bellevue and/or King County or the at-fault JAG City obtains injunctive or other legal relief against King County that absolves Bellevue of any legal obligation to return said Proceeds and interest prior to the expiration of the 10 working day period. - 2 - July 7,2009 5. Bellevue and JAG Cities maintain that King County may only require return of Proceeds from an at-fault JAG City. However, ifthere is a determination that there is an obligation to return to King County Proceeds in an amount in excess of the amount distributed to an at-fault JAG City(s) then each non at-fault JAG City shall pay up to the full amount of its Proceeds and any required interest to Bellevue within 10 working days of written notice unless the non at-fault JAG City makes other acceptable arrangements with Bellevue and/or King County or the non at-fault JAG City obtains injunctive or other legal relief against King County that confirms Bellevue has no legal obligation to return said Proceeds and interest prior to the expiration of the 10 working day period. If the obligation to return Proceeds is in excess ofthe at-fault JAG City's distribution, but less than each JAG City's full Proceeds, the amount due King County from the non at-fault JAG Cities shall be a prorated amount based on the percent of Proceeds received to the total Proceeds minus the amount representing the at-fault JAG City's share. The same prorated formula shall apply to required interest due from non at-fault JAG Cities. 6. Should Bellevue be sued for return of proceeds solely because of its unique Section 12 obligations, the alleged at-fault JAG City(s) shall immediately undertake the defense of Belle vue and pay all expenses and costs (including attorney's fees) associated with said defense whether or not said JAG City maintains it is or is ultimately determined to be not at-fault. Should King County be entitled to its attorney's fees in the suit, the at-fault JAG City shall hold Bellevue harmless and indemnify Bellevue from any liability or costs associated with the obligation to pay King County's attorney's fees. 7. Should Bellevue be the only party sued based on the alleged fault of other JAG Cities, those alleged at-fault JAG Cities agree to stipulate to being named as defendants with the concurrence of Plaintiff and/or not oppose Bellevue's motion to be included in the suit as an indispensible party. The obligations of Paragraph 6 shall apply whether or not the alleged at-fault JAG City is named in the litigation. 8. If King County sues Bellevue for return of proceeds because ofBellevue's alleged violation of Section 12 of the JSA regarding use of proceeds or the reduction in jail population along with other JAG Cities for their violations, each party will undertake its own defense at its own cost. 9. At-fault JAG Cities shall be responsible for costs of whatever form or nature associated with Bellevue's unique Section 12 obligations, including but not limited to staff costs in coordinating and collecting proceeds or attorneys fees, and including administrative costs Bellevue incurs even where timely payment of Proceeds is made. Said costs shall be prorated among at-fault JAG Cities as appropriate. 10. In the event Bellevue incurs liability or costs associated with its unique Section 12 obligations and said liability or costs are not addressed in any other provision of this Agreement, each JAG City shall indemnify, hold harmless and defend Bellevue and - 3 - July 7,2009 its elected officials, employees agents and representatives from and against any and all claims, demands, causes of action, liabilities, judgments, settlements, damages or costs, including reasonable attorney's fees of whatever form related to Bellevue's unique Section 12 obligations in proportion to its share of the proceeds. 11. Each JAG City shall keep its Proceeds in a segregated fund and keep records sufficient to demonstrate that all expenditures of the Proceeds comply with Section 7.1 of the Interlocal Agreement. Said records shall be kept for at least 6 years from the date of the expenditure of the last Proceeds ofthe JAG City. 12. The JAG City representative who will be responsible for management and expenditure of the fund and for receiving notices related to the obligations under 7.1 of the Interlocal Agreement is (include name, title, address & phone #): a. JAG City shall notify Bellevue of any change in this designated representative or contact information. 13. The City of Bellevue as a recipient of$ 971,638.82 (representing $ 979,083.98 - its proportionate share of the Proceeds/Interest minus $ 7,445.16 its proportionate share of the expenses) is also a JAG City and in that capacity shall be bound by the same terms under this Agreement as any other JAG City. 14. This Agreement shall be authorized by each JAG City's legislative body or other authorizing authority if not within authority of legislative body. 15. General Provisions: A. Governing Law; Forum. The Agreement will be governed by the laws of Washington and its choice oflaw rules. The JAG City consents to the exclusive personal jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute arising out of or in connection with the Agreement, and agrees not to commence or prosecute any action or proceeding arising out of or in connection with the Agreement other than in the aforementioned courts. B. Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. - 4 - July 7,2009 C. Nonwaiver. Any failure by a party to enforce strict performance of any provision of the Agreement will not constitute a waiver of that party's right to subsequently enforce such provision or any other provision of the Agreement. D. No Assignment. Neither the Agreement nor any of the rights or obligations of the JAG City arising under the Agreement may be assigned without Bellevue's prior written consent. Subject to the foregoing, the Agreement will be binding upon, enforceable by, and inure to the benefit of, the parties and their successors and assigns. E. Notices. All notices and other communications under the Agreement must be in writing, and must be given by registered or certified mail, postage prepaid, or delivered by hand to the party to whom the communication is to be given, at its address set forth in this agreement. F. Legal Fees. In any lawsuit between the parties with respect to the matters covered by the Agreement, the prevailing party will be entitled to receive its reasonable attorney's fees and costs incurred in the lawsuit, in addition to any other relief it may be awarded. G Counterparts. The Agreement may be signed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall be deemed one and the same document. In witness whereof, the parties have executed this Agreement and it shall be effective as of the last date written below. CITY OF FEDERAL WAY By: Title: Date: CITY OF BELLEVUE By: Title: Date: - 5 - July 7,2009 COUNCIL MEETING DATE: September 15, 2009 ITEM #: .1eA . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY MANAGER SEARCH POLICY QUESTION: SHOULD mE CITY COUNCIL APPROVE THE DRAFT RECRUITMENT BROCHURE, INCLUDING SALARY RANGE, AND REVISED TIMELINE FOR THE CITY MANAGER SEARCH? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: D Consent X City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: MARY McDOUGAL DEPT: Human Resources During August, Greg Prothman, the search firm consultant selected by the City Council, interviewed City Council members, management staff and community stakeholders to develop a candidate profile for the City Manager position. Attached is a draft recruitment brochure for Council review, modification and/or approval. As requested, feedback regarding the draft has been sought, but not yet received, from the Federal Way Chamber. Due to the change of government petition which will be on the November 3, 2009 general election ballot, Prothman recommends that the timeline for the City Manager search as set forth in Exhibit A of the professional services agreement with Prothman be revised to allow the majority of the recruitment to occur after the election so the result of the ballot measure is known. Specific information as well as discussion is provided in the attached memorandum. Attachments: Memorandum Draft Recruitment Brochure _ Approve _ Modify Salary Survey _ Approve _ Modify Revised Timeline _ Approve _ Modify Exhibit A from Professional Services Agreement with Prothman STAFF RECOMMENDATION: N/A Committee 't/Ocf1d1 Ilt.ltht/h DIRECTOR APPROVAL: Council ~ CITY MANAGER APPROVAL: Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the draft candidate profile and revised timeline for the City Manager search. " (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 # ."PRU' J-IMAN September 9,2009 Memorandum To: Federal Way City Council From: Greg Prothman Subject: City Manager Position Profile and Search Timeline Please find attached the draft City Manager Position Profile for your review and edits as needed. The draft Position Profile is the product of over 35 interviews involving the City Council Members, Department Directors, and leading citizens. Also attached is a revised search timeline. Initially, we anticipated having the final interviews occur prior to the end of this year. However, with the change of form of government question now on the November ballot, the initial project schedule is no longer practical. Accordingly, I am suggesting that the search timeline be extended to accommodate the change of government vote. I recommend that the City Council continue the search process by approving the Position Profile with the appropriate edits and direct Prothman to begin advertising but extend the application closing period until November 22, 2009. Should the voters retain the Council/Manager form of government, the extended closing date allows those candidates concerned by the change vote to then apply, thereby ensuring the best possible candidate pool. If, however, the voters adopt the Mayor/Council form of government, the City Manager search process is halted and the City focuses on the transition process. The Council could stop the process now and delay the search until after the November election. If, indeed, the voters retain the current form of government and the search is resumed, the holiday season poses significant recruiting challenges. I would then recommend that the advertising be extended until the end of January 2010, resulting in a four month delay in the search process. 3633 136th PL SE, Suite 206t Bellevue, WA 98006t206 3680050 {ph}" 206 368 0060 {fx}twww.prothman.com ;.. ~ CITY OF .", Y Federal \Nay WASHINGTON CITY MANAGER $xxxxx - $xxxxx Plus Excellent Benefits Apply By November 22,2009 (first review, open until filled) -PR.cn-HMAN VISION: Federal Way is a community known for its cultural diversity, attractive parks, safe neighborhoods, and vibrant business centers. MISSION: The City of Federal Way is responsive, innovative and fiscally responsible in delivering quality services, promoting economic development, improving infrastructure, and managing growth. WHV ApPL V? Federal Way is financially sound and is dedicated to providing outstanding services to its citizens and a welcoming experience to its visitors. Federal Way offers an outstanding quality of life full of residents that care about their community! This is an excellent opportunity for a talented public sector professional to make a difference in a well managed community that takes pride in its history, natural beauty and quality of life. THE COMMUNITY Ideally located between Seattle and Tacoma, Federal Way provides a distinct regional advantage. The ports of Seattle and Tacoma, Bellevue and the technology corridor, and Sea-Tac Airport are located within a 30-minute drive from the City. Weyerhaeuser, TOTE, World Vision, and DeVry University all consider Federal Way as their home. Federal Way began in the late 1800's as a logging settlement. By the 1920's, Federal Highway 99 was complete, linking Federal Way to the economic centers of Seattle and Tacoma. The name "Federal Way" was first used in 1929 when five local schools consolidated operations into School District #210. In 1931, Federal Way High School was built with money raised by selling federal land next to Highway 99. Rapid retail and residential growth created significant changes in the community during the 1970's and 1980's. Desiring controlled, quality growth and community identity, Federal Way citizens organized to form what was then Washington's sixth largest city, incorporating in February of 1990. Today, the Federal Way community is residential and commercial, with a population employed locally and in neighboring cities. An estimated 22,485 people are employed within the City limits, with approximately 83% of employment in the retail and service sector. In the years since incorporation, Federal Way has fostered quality commercial and residential growth, while enhancing the quality of life for its residents with infrastructure improvements, a growing job base, diverse recreational opportunities, and new neighborhood parks. The City's Comprehensive Plan looks to Federal Way's future and includes plans for a more defined City Center, with enhanced mass transportation and mixed-use commercial and residential development in the City's downtown business area. Today, Federal Way's commitment to active and passive recreation is evident in the many parks and trails. Celebration Park is recognized as one of the premier facilities for soccer and softball on the West Coast. The Weyerhaeuser/King County Aquatic Center is home to many national and international swimming and diving competitions. In addition, the City has a trail system that extends throughout the community that provides outdoor activity and education of the natural habitats. Federal Way has over 50 performing groups. The Knutzen Family Theatre is home to many performances throughout the year. The arts community is very active in promoting music, dance, and visual arts to Federal Way citizens. The Federal Way School District has been recognized 2lPage CITY OF FEDERAL WAY, WASHINGTON. CITY MANAGER as one of the best school districts in the state, providing quality educational opportunities for over 22,000 students. Since its incorporation in 1990, the City has focused on important community projects such as downtown revitalization, transportation system improvements, new parks, and new community facilities for the performing arts. Federal Way is a fiscally conservative city that strives to use contracting and public-private partnerships to deliver services and products to the community at the lowest possible cost. The City Council places a strong emphasis on economic development and the City maintains a strong partnership with the Federal Way Chamber for economic development and downtown revitalization. The City strives to maintain a business-friendly permitting process. THE CITY With a population of 88,580, the City of Federal Way operates under the council/manager. form of government. The City Council consists of seven members who are directly elected by the citizens for four-year terms. The City Council establishes law and policy by passing ordinances and resolutions. The Council also appoints the City Manager, adopts the City budget, and approves appropriations, contracts in the City's name, levies taxes, and grants franchises. The Mayor is elected by the Council, from among its members, for a two-year term and presides at City Council meetings. Several commissions, made up of citizen volunteers, advise the City Council. The City Manager serves as Chief Executive Officer of the City and manages daily business by directing the work of City staff (administration of personnel, policies, funds, and programs), and enforcing the laws of the City. City services are provided through seven City departments listed below and a mix of contracted / separate agencies. ~ City Manager's Office ~ Community Development Services ~ Management Services ~ City Attorney -PR.cn-HMAN ~ Parks, Recreation and Cultural Services ~ Public Safety (Police) ~ Public Works Water and sewer services are provided by the Lakehaven Utility District. Fire and emergency medical services are provided by the Federal Way Fire Department (formerly named King County Fire District #39). Judicial services are provided by the Federal Way Municipal Court and the court systems of King County, Washington State, and the federal government. The City has xx employees and an annual budget of xxx and a general fund of xxx. THE POSITION Reporting to the City Council, the City Manager directs and supervises all activities of the City departments, appoints and removes all staff, and implements policy as established by the City Council. He/She directs issues to the City Council for consideration and recommends policy options, and also conducts research and analysis at the request of the City Council. - ' .: -- -- :....... ---' - . ~,~'.~_~fi~_;~j" ,.,. ~ '... '\ ~ -j"" ~ , ~ ~ - " - < ,,,;,- ~ The City Manager represents the City on numerous committees and public-private projects. He/She will meet with private citizens, civic groups, other government leaders, and business organizations to provide information on City policy, programs and activities. CURRENT ISSUES & PROJECTS Succession Planning As with many organizations, Federal Way is faced with a significant number of employees nearing retirement. The new City Manager will need to identify talented "rising stars" and set up a program to train and mentor the next generation of managers to assume leadership positions in the organization. Financial Health Federal Way has been well managed financially, with a healthy reserve of 10% of general fund. Long range financial forecasting indicates that these reserves will be eroding. While the City has a growing business sector, the City remains primarily 3lpage CITY OF FEDERAL WAY, WASHINGTON. CITY MANAGER a residential community with one of the lowest per capita general fund tax rates in King County. Continued conservative financial management of the City will be an ongoing challenge for the new City Manager. Utility Merger Sanitary sewer and water services are provided by Lakehaven Utility District. The City and the District are currently discussing the opportunities and challenges regarding merging the District with the City. While there are no definitive plans as yet, this will be an ongoing process requiring the new City Manager's attention. City Center Economic Development The Federal Way City Center is undergoing new redevelopment, with opportunities for commercial, residential and mixed-use development in proximity to the redeveloping Commons at Federal Way Mall and the new Federal Way Transit Center. Other initiatives include the City issued "RFC" for City Center Redevelopment and a ten-year, limited property tax exemption for projects in the City. City Center development will be a high priority for the new City Manager. Performing Arts and Convention Center The City currently has $5.8 million dollars in grants and other funds, however, the projected cost of the project could range from $35 to $55 million, depending upon the project's configuration. Given the project's size, complexity and funding challenges, it is not unexpected that the project is controversial. The new City Manager will need to work with the City Council and the community to continue the process of determining the project's configuration and funding sources. IDEAL CANDIDATE PROFILE The successful candidate will be a talented manager and leader who understands all aspects of municipal government and has an appreciation of the challenges currently facing cities. He/she should be honest, hard-working, and approachable by citizens, staff and Council, while assisting in establishing an atmosphere of trust, mutual respect, and cooperation. Candidates will be able to organize and express ideas through excellent oral and written communications to a wide variety of audiences such as the City Council, community groups and other boards and committees. The selected candidate will be politically astute and demonstrate an unquestionable sense of integrity. He/she will bring a fiscally conservative approach to municipal finances and budgeting. The new City Manager must be able to accept and support decisions in a positive manner and take a collaborative approach in providing City services. The successful candidate will have excellent organizational development skills, will delegate appropriately, and have the ability to foster a strong team environment. He/she will have a track record of implementing policies and systems to create and maintain a high-performance, customer service focused, organizational culture. The new City Manager will work to build trust and strengthen City relationships with residents and the development and business community, and the successful candidate should also have a proven track-record of providing excellent customer service. He/she will be accessible and responsive to the public, elected officials and city staff. The selected candidate will develop and maintain positive community relations and public involvement and will have a track record of working well with regional partners. The new City Manager will be a good listener who consistently deals well with personnel throughout all levels of the organization, and can be relied upon to serve as a mentor for those interested in personal and professional development. The candidate will also bring an appropriate sense of humor to the job, as well as a flexible "can-do" attitude. ..._~ ..=-._=-::..!.w ',t..!.~",:..~.~...~___"._~_\'j..!.W~..!..dI=-:: CITY OF FEDERAL WAY, WASHINGTON. CITY MANAGER EDUCATION & EXPERIENCE Competitive candidates should have at least seven to ten years of senior public sector management experience, such as city manager/administrator, deputy/assistant, or department director, in a city or county or other applicable public sector agency of similar or larger complexity and size. A bachelor's degree in public administration, business, or other applicable field is required. A master's degree is preferred. For more information about the City of Federal Way, please visit: http://www.cityoffederalway.com/ COMPENSATION & BENEFITS ~ $XXXXTO$XXXXX ~ Professional Services Contract with Severance ~ City of Federal Way Retirement Plan (FWRS) - Social Security alternative, it also includes life, disability, survivor and accidental death and dismemberment benefits. ~ Washington State Public Employees' Retirement System (PERS) ~ Optional Deferred Compensation ~ Medicallnsurance ~ Dentallnsurance ~ Vision Insurance ~ Life Insurance ~ Vacation ~ Sick Leave ~ Holidays ~ Auto Allowance The City of Federal Way is an Equal Opportunity Employer. All qualified candidates are strongly encouraged to apply by November 22, 2009 (first review, open until filled). To apply, please send a letter of interest, resume, completed application and answers to the supplemental questions to Prothman via email at humanresources@prothman.com or mail to the address below. The application form and the supplemental questions can be found at www.prothman.com. 206 368 0050 {ph} 206 368 0060 {fx} 3633 136th PL SE, Suite 206 Bellevue, WA 98006 humanresources@prothman.com www.prothman.com --PRcn-HMAN 5\page ~ ~ - e:! ~ ~ .8 CI) ~ ..Q e:! co ~ 0 C,,) "- Q) ~ CO -;E. ~ CI) ca CO >- "t) ~ Q) Q) ~ 2: .;::; t:: - ::J Q) ca en ~ ~ ~ ~ CD co ~ -c co CI) Q) CD en .- C,,) t:: LL L.. Q) Q) 0> ~ 0> co co 0> 0 C .t:: ~co ~ 0 ....,~ ::::::: .E .- >-. 0 ~ Q) () ~ ro :J t5 <{ (") 0 0') 0 0 CD CO LO N 0 CO (") 0 ~ 0 "'" 0') LO ~ (") - ~ LO N 0 CD 0') LO ~ ~ 0') CO ~ CO CD 0') N 0 - ~ - ~ E.9- E.9- E.9- ~ E.9- ~ ~ ~ E.9- E.9- E.9- E.9- E.9- E.9- CD N 0 0 ~ CO N ~ CD ~ ~ Q) 0') 0') CD ~ CD ~ 0') ~ ~ CO CD 0 "'" 0 LO CD N LO CO 0 ~ "'" CO CO LO CD "'" 0 0') ~ "'" (") ~ CO CO Lt) ~ CD LO ~ LO LO CD CD "'" LO CD CD N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - E.9- E.9- E.9- E.9- E.9- E.9- E.9- E.9- E.9- E.9- E.9- E.9- Q) ..... ..... 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Q) "C Q) LL UPDATED 09-09-09 City of Federal Way CITY MANAGER Recruitment DRAFT PROJECT SCHEDULE Delivery of draft Position Profile Week of September 7th, 2009 Approve the Position Profile September 15th, 2009 Begin advertising Week of September 21st, 2009 Second work session (selection of finalists) January 5, 2010 Reference checks, Background checks Weeks of January 11th & 18th, 2010 Final interviews Week of January 25th, 2010 *Boldfaced items denote dates where client decisions or meetings are required. PRcnHMAN A Federal Way CITY HALL 33325 8th Avenue South, PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 ww",i:Jtyoffedef8I\,~d}' com EXHIBIT "A" SERVICES I. The Contractor shall do or provide the following: August 2009 Week of August 24, 2009 Interview Council and Management Team Interview stakeholders as identified by Council September 15, 2009 City Council approve position profile Beginning September 16, 2009 Begin advertising position Week of October 25, 2009 Begin review of applications Status report and candidate materials to Council Week of November 2, 2009 Work session to select semifinalists November 9 and 16, 2009 Interview semifinalists December I, 2009 Select finalists Begin background checks Week of December 14,2009 Final interviews ** The above timeline may need to be adjusted depending upon the schedules of City Council 2. In the event the successful candidate is terminated for cause within twenty-four (24) months from the employment date, Contractor will conduct a replacement search at no additional professional fee. Expenses incurred with be reimburse. PROFESSIONAL SERVICES AGREEMENT - 1 - PSAExh3/31/09 COUNCIL MEETING DATE: September 15, 2009 ITEM #: 1 e" CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CREATION OF MULTI-JURISDICTIONAL ENTITY To PROVIDE MAINTENANCE AND OPERATIONS SERVICES POLICY QUESTION: SHOULD COUNCIL DIRECT STAFF TO EXPLORE THE CREATION OF A MULTI- JURISDICTIONAL ENTITY TO PROVIDE MAINTENANCE AND OPERATIONS SERVICES? COMMITTEE: N/A MEETING DATE: CATEGORY: D Consent D City Council Business D Ordinance ~ Resolution D D Public Hearing Other STAFF REpORT By: BRIAN INTERIM CITY MANAGER DEPT: City Manager Attachment: Proposed Resolution to Explore Creating a Multi-Jurisdictional Entity to Provide Maintenance and Operations Services Background: The City maintains and operates several parks and landscaping on public property. The City also has a fleet of vehicles and owns and operates a maintenance facility near Steel Lake on 28th Ave, which stores heavy equipment and other vehicles. The Federal Way School District, likewise, maintains and operates several athletic fields, landscaping at schools, and a fleet of vehicles, which includes school buses. South King Fire and Rescue also maintains and operates a fleet of vehicles requiring storage and maintenance as well as maintaining landscaping. The City has had success in the past with entering into interlocal agreements to create separate entities for special services. The concept of a multi-jurisdictional maintenance and operations services entity would capitalize on the economies of scale in both the infrastructure and operations. Options Considered: 1. Approve the proposed resolution directing staff to explore the creation of a multi jurisdictional entity to provide maintenance and operations services. 2. Modify the proposed resolution. STAFF RECOMMENDATION: Option 1 CITY MANAGER ApPROVAL: Committee 0/a9J~ L':l..AJI~ DIRECTOR APPROVAL: Council Committee Council COMMITTEE RECOMMENDATION: 1\ I~ 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 D DENIED D TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, To Explore Creating a Multi-Jurisdictional Entity to Provide Maintenance and Operations Services WHEREAS, the City owns and operates several parks, maintains landscaping at the Federal Way Community Center and other city properties, and maintains athletic fields for school uses as well as public uses; and WHEREAS, the City owns and operates a maintenance facility near Steel Lake on 28th Ave, which stores heavy equipment and other vehicles; and WHEREAS, the City has a fleet of approximately one-hundred eighty-six vehicles, which includes one dump truck, police vehicles, and maintenance pick up trucks; and WHEREAS, the Federal Way School District and South King Fire and Rescue also possess a fleet of vehicles requiring storage and maintenance; and WHEREAS, the Federal Way School District and South King Fire and Rescue also maintain grounds requiring landscaping; and WHEREAS, the Federal Way School District also maintains and operates athletic fields for school uses, and in some cases, the City and the School District cooperate and share the maintain and operation of fields; and WHEREAS, the City has entered into interlocal agreements creating a separate entity for special services: Valley Communications provides 911 services to the south King County cities, and SCORE will provide jail services; and WHEREAS, the concept of a multi-jurisdictional maintenance and operations services entity could combine resources such as fuel storage and vehicle maintenance; could consolidate or blend Resolution No. 09- Page I of3 Rev 3/09 agency services and resources; could co-locate facilities and equipment for economies of scale; and could identify equipment and resources to be shared; and WHEREAS, the creation of an entity to provide maintenance and operation services would capitalize on the economies of scale both for any infrastructure and operations; and WHEREAS, the Federal Way City Council finds that it is in the best interest of the citizens to provide services at the lowest possible cost. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOL VES AS FOLLOWS: Section 1. City Staff should contact the other agencies within Federal Way to begin discussions for the purpose of exploring the creation of a multi-jurisdictional entity to provide maintain and operations services thereby combining the limited resources and providing a better service to the citizens. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 09- Page 2 of3 Rev 3/09 Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOL VED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 09- Page 3 of3 Rev 3/09 ~